Electricity Governance (Security of Supply) Amendment Regulations 2009

  • revoked
  • Electricity Governance (Security of Supply) Amendment Regulations 2009: revoked, on 1 November 2010, pursuant to section 166 of the Electricity Industry Act 2010 (2010 No 116).

Reprint
as at 1 November 2010

Crest

Electricity Governance (Security of Supply) Amendment Regulations 2009

(SR 2009/40)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 9th day of March 2009

Present:
His Excellency the Governor-General in Council

  • Electricity Governance (Security of Supply) Amendment Regulations 2009: revoked, on 1 November 2010, pursuant to section 166 of the Electricity Industry Act 2010 (2010 No 116).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Economic Development.


Pursuant to subpart 2 of Part 14 of the Electricity Act 1992, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister of Energy, makes the following regulations.

Regulations

1 Title
  • These regulations are the Electricity Governance (Security of Supply) Amendment Regulations 2009.

2 Commencement
  • These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Principal regulations amended
4 Interpretation
  • (1) Regulation 4 is amended by inserting the following definition in its appropriate alphabetical order:

    participant outage plan means a plan developed by a specified participant under subpart 2 of Part 1.

    (2) The definition of security of supply outage plan in regulation 4 is amended by inserting subpart 1 of before Part 1.

5 New subpart 1 heading inserted
  • The following heading is inserted above regulation 5:

    Subpart 1Commission's security of supply outage plan.

6 Contents of security of supply outage plan
  • Regulation 6 is amended by revoking paragraph (d) and substituting the following paragraphs:

    • (d) identify specified participants, or a class or classes of specified participants, who are required to develop participant outage plans under subpart 2; and

    • (e) specify criteria, methodologies, and principles to be applied in implementing outages, or taking any other action, to be provided for in participant outage plans; and

    • (f) specify criteria, methodologies, and principles to be applied by any specified participant who does not have an approved participant outage plan in implementing outages, or taking any other action, in accordance with directions given by the Commission under regulation 10.

7 New subpart 2 of Part 1 inserted
  • The following subpart is inserted after regulation 8:

    Subpart 2Participant outage plans

    8A Commission must require specified participants to develop participant outage plans
    • (1) This regulation applies when a specified participant is identified under a security of supply outage plan as being required to develop a participant outage plan.

      (2) The Commission must send notice in writing to that specified participant of that requirement, including—

      • (a) specifying the requirements that the participant outage plan must comply with under these regulations and the security of supply outage plan; and

      • (b) specifying a date by which the specified participant must submit that plan to the Commission.

      (3) The Commission must send the notice under subclause (2) as soon as practicable after the Commission publishes its security of supply outage plan.

    8B Specified participants must develop participant outage plans
    • (1) Each specified participant who receives a notice under regulation 8A must develop its participant outage plan in accordance with the notice.

      (2) The specified participant must submit the plan to the Commission by the date specified under regulation 8A(2)(b).

    8C Contents of participant outage plans
    • (1) Each participant outage plan must—

      • (a) be consistent with the security of supply outage plan; and

      • (b) comply with the requirements specified in the notice sent under regulation 8A(2)(a); and

      • (c) specify the actions that the specified participant will take to achieve, or contribute to achieving, reductions in the consumption of electricity (including any target level of reduction of consumption of electricity in accordance with criteria, methodologies, and principles specified in the security of supply outage plan) to comply with a direction from the Commission given under regulation 10.

      (2) This regulation does not limit regulation 8A(2)(a).

    8D Approval of participant outage plans
    • (1) The Commission must, as soon as practicable after receiving a participant outage plan, by notice in writing to the specified participant who submitted the plan,—

      • (a) approve it; or

      • (b) decline to approve it.

      (2) The Commission may decline to approve the plan only if the Commission is not satisfied that the plan complies with regulation 8C.

    8E Revision of participant outage plans
    • If the Commission declines to approve a participant outage plan,—

      • (a) the Commission must—

        • (i) indicate the grounds on which it declines to approve the plan; and

        • (ii) direct the specified participant to submit a revised plan; and

      • (b) the specified participant must submit a revised plan to the Commission no later than—

        • (i) 15 working days after the date on which the specified participant received the direction from the Commission to submit a revised plan; or

        • (ii) any later date that the Commission may allow in any particular case.

    8F Approval of revised participant outage plans
    • (1) As soon as practicable after receiving a revised participant outage plan, the Commission must, by notice in writing to the specified participant who submitted the plan,—

      • (a) approve the plan; or

      • (b) decline to approve it.

      (2) If the Commission declines to approve the revised plan, regulation 8E applies.

    8G Publishing of participant outage plans
    • A specified participant must make its participant outage plan available to the public, at no cost, on an Internet site maintained by or on behalf of the specified participant, at all reasonable times, as soon as practicable after it is approved by the Commission.

    8H Specified participants must keep participant outage plans up to date
    • (1) Each specified participant who has had a participant outage plan approved under this subpart must—

      • (a) keep the plan under review, and (if necessary) amend the plan to take account of any change of circumstances and to ensure that the plan continues to comply with regulation 8C; and

      • (b) as soon as practicable after amending the plan, but in any case no later than 20 working days after amending it, submit the plan to the Commission.

      (2) Despite subclause (1), not later than 2 years after the date on which a specified participant’s participant outage plan was last approved, the specified participant must resubmit the plan to the Commission for approval.

      (3) A plan submitted to the Commission under subclause (1)(b) is deemed to be approved by the Commission unless, no later than 20 working days after the day on which the Commission receives the plan, the Commission advises the specified participant who submitted the plan, by notice in writing, that it declines to approve the plan.

      (4) Regulations 8D to 8G apply to a plan that is submitted or resubmitted or declined under this regulation, except as provided in subclause (3).

8 Power to direct outages in security of supply situation
  • Regulation 10 is amended by revoking subclauses (1) and (2) and substituting the following subclauses:

    • (1) The Commission may, at any time in the period during which a supply shortage declaration is in force, direct specified participants to contribute to achieving reductions in the consumption of electricity by implementing outages or taking any other action specified in the direction.

    • (2) A direction must—

      • (a) be consistent with the Commission’s security of supply outage plan; and

      • (b) be given only after consultation with the system operator; and

      • (c) if the direction requires a specified participant to implement outages, specify the savings targets that the specified participant must achieve.

    • (2A) A direction may be communicated through the information system operated by the system operator.

9 Specified participants must comply with direction
  • Regulation 11 is amended by adding the following subclauses:

    • (3) Each specified participant must comply with a direction in accordance with its participant outage plan, if it has a plan that has been approved under Part 1.

    • (4) If a specified participant does not have a participant outage plan approved under Part 1, the specified participant,—

      • (a) in complying with the direction, must apply, to the extent practicable, the criteria, methodologies, and principles specified in the security of supply outage plan; and

      • (b) as soon as practicable after the direction is given, must provide to the Commission information as to the steps the participant will take to comply with the direction (including any steps the participant has already taken to comply with the direction).

10 Regulation 12 revoked
11 Revocation of supply shortage declaration
  • Regulation 13 is amended by adding the following subclause as subclause (2):

    • (2) The Commission must publish the revocation as soon as practicable after it is made.

12 New regulation 14 substituted
  • Regulation 14 is revoked and the following regulation substituted:

    14 Provision of information
    • (1) The Commission may, by notice in writing to a person who the Commission considers may have information relevant to any of the following, require the person to provide the information to the Commission:

      • (a) the preparation by the Commission of the security of supply outage plan under subpart 1 of Part 1; and

      • (b) the need for a supply shortage declaration; and

      • (c) the need for a direction requiring outages under regulation 10; and

      • (d) the number and extent of outages necessary under a direction; and

      • (e) monitoring compliance with a direction given under regulation 10.

      (2) Subclause (1) applies only to information that is—

      • (a) reasonably necessary for the Commission to undertake its functions under these regulations or to monitor compliance with a direction; and

      • (b) in that person’s possession or that the person can obtain without unreasonable difficulty or expense.

      (3) The Commission must specify in the notice given under subclause (1) the date by which the person must provide the information required.

      (4) A person who has received a notice under subclause (1) must provide the information required by the Commission by the date specified by the Commission in the notice.

      (5) The Commission may require specified participants to provide to the Commission contact information specified by the Commission that would enable the Commission to communicate with the specified participants.

13 New regulation 16 added
  • The following regulation is added:

    16 Application of Rulings Panel procedures
    • (1) Parts 4 to 6 and 8 of the Electricity Governance Regulations 2003 apply to any alleged breach of these regulations by a participant (other than an alleged breach to which regulation 15 applies).

      (2) Those provisions apply—

      • (a) as if references in those provisions to an alleged breach of those regulations were references to an alleged breach of these regulations; and

      • (b) with all necessary modifications.

      (3) To avoid doubt, the exercise of any power or function under these regulations by the system operator, including any action taken under delegation from the Commission, is an action in the system operator’s capacity as a service provider appointed under regulation 30 of the Electricity Governance Regulations 2003.

Michael Webster,
for Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on the 28th day after the date of their notification in the Gazette, amend the Electricity Governance (Security of Supply) Regulations 2008 (the Security of Supply Regulations). Those regulations provide for the management and co-ordination of outages for security of electricity supply purposes under section 172D(1)(14) of the Electricity Act 1992.

The Security of Supply Regulations require the Electricity Commission to prepare and publish a security of supply outage plan. The amendments in these regulations enable the Electricity Commission to require certain electricity industry participants (namely, electricity distributors, electricity retailers, line owners, and persons who use electricity directly from the grid) to prepare participant outage plans that will supplement the Commission's security of supply outage plan. For example, the participant outage plans must specify the actions that the participant will take to achieve or contribute to achieving reductions in the consumption of electricity, for the period during which a supply shortage declaration is in force, to comply with a direction from the Commission.

Also, the amendments in these regulations remove the offence for failing to comply with Commission directions (which was previously in regulation 12). Instead, new regulation 16 provides that breaches of the Security of Supply Regulations are enforceable under the Electricity Governance Regulations 2003 in the same way as breaches of electricity governance rules.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 12 March 2009.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Electricity Governance (Security of Supply) Amendment Regulations 2009. The reprint incorporates all the amendments to the regulations as at 1 November 2010, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)
  • Electricity Industry Act 2010 (2010 No 116): section 166