Representatives of ePower, the electricity company backed by Esat founder, Mr Denis O'Brien, appeared before the High Court today to challenge a new system for the sale of surplus ESB power to independent suppliers.
ePower claim ESB Independent Energy (ESBIE) engaged in below-cost selling and the poaching of customers through unfair practices. It claims the ESB subsidiary abused its dominant market position and used ESB information to put its competitors at a disadvantage.
ESBIE is challenging directives issued by Mr Tom Reeves, the electricity regulator, that the subsidiary must separate from its parent company.
Mr Denis O'Brien has threatened to take the matter to the European Commission and to withdraw from the market unless further deregulation take place.
Judge Peter Kelly extended time to Thursday next for the regulators, represented by Mr Richard Nesbitt SC, to submit opposition papers. A decicision on Justice Murphy's earlier "interim stay" is also likely to be taken.
A separate application by the regulators for third party damages will be addressed then and the date fixed for this hearing is likely to be next week.