Ossian Smyth (Dún Laoghaire, Green Party)
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I think the Senator's question is what analysis was done in deciding that large energy users were paying high prices in 2009. My understanding is the power to make the rebalancing decision was with the CRU. A discussion was held between the Government and the CRU to discuss ways that prices could come down for LEUs at that time. The CRU then responded by making a proposal to Government and the Government accepted the proposal. The CRU would have made the proposal to the Government, having had a discussion with the Government, knowing that the Government was likely to agree.

It is important to remember that the CRU is the body with the legal decision-making power and made this determination. At the time, there was a public consultation on this matter. The CRU is answerable to this committee so I think the committee has oversight over the CRU. The decision was made for a period of five years and if the decision was made in 2009, I expect there would have been a need to renew it in 2014, and again in 2019. At each of these decision points there would have been another public consultation and more opportunities for the committee to scrutinise the CRU and ask it why this was happening. That is the way these decisions are made.