Gas Governance (Critical Contingency Management) Regulations 2008

  • This version was replaced on 24 July 2018 to make a correction to regulation 18(5) under section 25(1)(k) of the Legislation Act 2012.

Reprint as at 1 March 2014

Coat of Arms of New Zealand

Gas Governance (Critical Contingency Management) Regulations 2008

(SR 2008/426)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 4th day of November 2008

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation and Employment.

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

1Title
2Commencement
3Purpose
4Outline
Part 1
General provisions
5Interpretation
Appointment
6Appointment of critical contingency operator
7Terms of critical contingency operator service provider agreement
8Publication of critical contingency operator service provider agreement
9Critical contingency Internet site
10Publication of transmission system
11Performance standards
12Review of critical contingency operator performance by industry body
Scope
13Relationship with transmission system codes
14Civil Defence Emergency Management Act 2002
Funding
15Development fee
16How and when development fee must be paid
17Ongoing fees
18How and when estimated ongoing fees payable
19How and when actual ongoing fees payable
20General provisions regarding fees
Notices and receipt of information
21Giving of ordinary notices
22When ordinary notices taken to be given
23Urgent notices
Part 2
Obligations before critical contingency
Critical contingency management plans
24Critical contingency management plan
25Content of critical contingency management plan
26Process for preparing critical contingency management plan
27Appointment of expert adviser
28Expert adviser to consult critical contingency operator
29Review of critical contingency management plan
30Approval of critical contingency management plan
31Amendment of plan by industry body if deadlock exists
32Publication of critical contingency management plans
33Maintaining critical contingency management plan
34Testing critical contingency management plan
Communications plan and information guide
35Publication of communications plan
36Information guide for certain parties
37Process for preparing information guide
Transmission system information
38Transmission system owners to provide transmission system information
38AOther information to be provided to critical contingency operator
Consumer information
39Retailers to provide consumer information
40Large consumers to provide information
40AAllocation agent to provide information
41Critical contingency operator to hold record of information
42Audit of information
43Retailer curtailment plans
44Frequency and form of consumer notifications about these regulations
45Regional critical contingencies
Part 2A
Designations
46Purpose of designations
Designation types
46ACritical care designations
46BEssential services designations
46CCritical processing designations
46DElectricity supply designations
Application process and administrative matters
46EApplication process for designations
46FApplication requirements
46GConfidentiality of application information
46HAppointment of technical expert to assist industry body
46IPowers of technical expert
46JCritical processing designation: industry body to determine shutdown profile
46KWhen designation becomes effective
46LDeclaration form requirements
46MRevocation of designations
46NExpiry of designations and reapplication
46OIndustry body to publish and maintain list of designations
Part 3
Critical contingency
General
47Safety [Revoked]
Declaring critical contingency
48Critical contingency operator must determine critical contingency
49Process for declaration
50Authority of critical contingency operator
51Notification of critical contingency to certain parties
52Publication of declaration of critical contingency
Declaring regional critical contingency
52ADeclaration of regional critical contingency
During critical contingency
53Role of critical contingency operator during critical contingency
54Role of transmission system owner during critical contingency
54AAsset owners to communicate information about failed assets
55Retailers and large consumers must follow directions
56Retailers to instruct consumers
57Consumers to comply with directions
57AEmergency approval of essential services designation or critical care designation
58Gas distributors must act reasonably
59Continuing critical contingency
Termination of critical contingency
60Termination of critical contingency
61Process for termination
62Notification of termination to certain parties
63Publication of termination of critical contingency
Part 4
Obligations after critical contingency
Reporting requirements
64Incident report
65Performance report
65AIndustry body may audit performance of obligations
66Assistance with report
66AProcess for identifying gas usage that is contrary to curtailment directions
Critical contingency price for contingency imbalances
67Purpose of applying critical contingency price to contingency imbalances
68Nomination of industry expert
69Appointment of industry expert
70Terms of appointment of industry expert
71Determining critical contingency price
72Procedure for finalising critical contingency price
Determining and resolving contingency imbalances
73Contingency imbalance provisions
74Determining contingency imbalances
75Contingency imbalance calculation methodology
76Industry body to hold contingency cash pool
77Transmission system owners to provide contingency imbalance information
78Negative contingency imbalances
79Positive contingency imbalances
80Errors in allocated contingency imbalances
81Imbalance obligations under MPOC, VTC, etc
82Price and imbalances provisions do not apply to regional critical contingencies
Part 5
Miscellaneous provisions
82AOffence to provide false or misleading information
82BOffence to fail to comply with directions
83Audits
84Treatment of critical contingency occurring before go-live date [Revoked]
85Separation of roles for critical contingency operator
86Transitional provision: existing essential service provider designations and minimal load consumer designations expire unless renewed
87Transitional provision: updating registry record of designations
Schedule  1
Critical contingency threshold limits
Schedule  2
Curtailment arrangements
Schedule 3
Curtailment bands
Schedule 4
Transmission system information
Schedule 5
Communication arrangements
Schedule 6
Retailer curtailment plan certification
Schedule 7
Process for appointment of technical expert
Gazette Information
Reprint notes