Gas Governance (Critical Contingency Management) Regulations 2008

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2008/426

Gas Governance (Critical Contingency Management) Regulations 2008

Anand Satyanand, Governor-General

Order in Council

At Wellington this 4th day of November 2008

Present:
His Excellency the Governor-General in Council

Pursuant to sections 43F, 43G, and 43S of the Gas 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 made in accordance with sections 43J to 43O of that Act, makes the following regulations.

Contents

1 Title

2 Commencement

3 Purpose

4 Outline

Part 1
General provisions

5 Interpretation

Appointment

6 Appointment of critical contingency operator

7 Other terms of critical contingency operator service provider agreement

8 Publication of critical contingency operator service provider agreement

9 Critical contingency Internet site

10 Publication of transmission system

11 Performance standards

12 Review of critical contingency operator performance by industry body

Scope

13 Relationship with NGOCP and transmission system codes

14 Civil Defence Emergency Management Act 2002

Funding

15 Development fee

16 How and when development fee must be paid

17 Ongoing fees

18 How and when estimated ongoing fees payable

19 How and when actual ongoing fees payable

20 General provisions regarding fees

Notices and receipt of information

21 Giving of ordinary notices

22 When ordinary notices taken to be given

23 Urgent notices

Part 2
Obligations before critical contingency

Critical contingency management plans

24 Critical contingency management plan

25 Content of critical contingency management plan

26 Process for preparing critical contingency management plan

27 Appointment of expert adviser

28 Expert adviser to consult critical contingency operator

29 Review of critical contingency management plan

30 Approval of critical contingency management plan

31 Amendment of plan by industry body if deadlock exists

32 Publication of critical contingency management plans

33 Maintaining critical contingency management plan

34 Testing critical contingency management plan

Communications plan and information guide

35 Publication of communications plan

36 Information guide for certain parties

37 Process for preparing information guide

Transmission system information

38 Transmission system owners to provide transmission system information

Consumer information

39 Retailers to provide consumer information

40 Large consumers to provide information

41 Critical contingency operator to hold record of information

42 Audit of information

43 Emergency contact details

44 Designation of consumers as essential service providers

45 Designation of consumers as minimal load consumers

46 Referral of designation decision to industry body

Part 3
Critical contingency

General

47 Safety

Declaring critical contingency

48 Critical contingency operator must determine critical contingency

49 Process for declaration

50 Authority of critical contingency operator

51 Notification of critical contingency to certain parties

52 Publication of declaration of critical contingency

During critical contingency

53 Role of critical contingency operator during critical contingency

54 Role of transmission system owner during critical contingency

55 Retailers and large consumers must follow directions

56 Retailers to instruct consumers

57 Consumers to comply with directions

58 Gas distributors must act reasonably

59 Continuing critical contingency

Termination of critical contingency

60 Termination of critical contingency

61 Process for termination

62 Notification of termination to certain parties

63 Publication of termination of critical contingency

Part 4
Obligations after critical contingency

Reporting requirements

64 Incident report

65 Performance report

66 Assistance with report

Critical contingency price for contingency imbalances

67 Purpose of applying critical contingency price to contingency imbalances

68 Nomination of industry expert

69 Appointment of industry expert

70 Terms of appointment of industry expert

71 Determining critical contingency price

72 Procedure for finalising critical contingency price

Determining and resolving contingency imbalances

73 Contingency imbalance provisions

74 Determining contingency imbalances

75 Contingency imbalance calculation methodology

76 Industry body to hold contingency cash pool

77 Transmission system owners to provide contingency imbalance information

78 Negative contingency imbalances

79 Positive contingency imbalances

80 Errors in allocated contingency imbalances

81 Imbalance obligations under MPOC, VTC, etc

82 Price and imbalances provisions do not apply to regional critical contingencies

Part 5
Miscellaneous provisions

83 Audits

84 Treatment of critical contingency occurring before go-live date

85 Separation of roles for critical contingency operator

Schedule  1
Critical contingency threshold limits

Schedule  2
Curtailment arrangements

Explanatory note

Administrative information

Regulations