I understand your contention. I have tried to find out whether NOPTA recommended Pathfinder's application be approved or declined but it isn't on NEATS anymore. If NOPTA recommended decline and this was upheld by the JA, it may be a point of difference between it and the Asset Energy case. I will reach out to NOPTA for this information.
BPH - How the PEP11 court case will be won, page-3
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