NEW ZEALAND GAZETTE, No. 100

30 JUNE 2005

● Rules 6.1, 6.4 and 6.5 of Schedule C3 of technical code
B of Part C.

Terms and Conditions of the Confirmation and Grant

of the Variation of Exemption

Regulation 194 (5) (d) requires that the Commission must
publish a notice in the New Zealand Gazette stating whether
or not it decides to revoke, replace or amend an exemption
granted under Regulation 194 (4) and explaining the reasons
for that decision (or stating where copies of that explanation
may be obtained).

Pursuant to Regulation 196, the Commission may vary or
revoke an exemption. Regulation 194 applies as if the
variation or modification were the granting of an exemption
and with all other necessary modifications.

In respect of the confirmation and variation of exemption
contained within this notice, the Commission imposes the
following terms and conditions:

● The exemption expires on 31 March 2006.
● The exemption only applies to Pan Pac’s requirement to
provide automatic under-frequency load shedding at the
WHI0111 grid exit point.

The Commission notes that Regulation 196 provides that an
exemption may be varied or revoked, either on application
by a participant or on the initiative of the Commission.

Commission’s Reasons for the Confirmation and Grant

of the Variation of Exemption Contained in this Notice

The reason for the confirmation and grant of the exemption
is as follows:

● This will allow time for the Commission to consult with
the electricity industry on the appropriateness of the
exemption test in Rule 6.6 of Schedule C3 of technical
code B of Part C of the Rules and to investigate a
rule change to address any issues arising from the
consultation.

Date Upon Which the Exemption Becomes Effective

Pursuant to Regulation 195, the date upon which the
confirmation and variation of exemption contained in this
notice takes effect, being a date which is not earlier than
the date of the New Zealand Gazette notice in respect of the
variation of exemption, is 1 July 2005.

For and on behalf of the Electricity Commission:
ROY HEMMINGWAY, Chair.
au4121

Electricity Amendment Act 2004

Notice of a Contract Being Entered Into by the

Electricity Commission Under Section 27 of
the Electricity Amendment Act 2004

This notice that the Electricity Commission has entered into
a contract relating to Whirinaki power station, pursuant to
section 27 of the Electricity Amendment Act 2004 (“Act”),
is issued by the Electricity Commission (“Commission”),
established under the Electricity Act 1992, pursuant to
section 29 (1) (d) of the Act.

Notice that the Commission has Entered into a Contract

Relating to Whirinaki Power Station

In accordance with section 29 (1) (d) of the Act, the
Commission hereby gives notice that:

● the Commission has entered into a contract relating to
Whirinaki power station, pursuant to section 27 of the
Act, and the contract was entered into on 1 April 2005;
● copies of the contract are available for inspection during
working hours free of charge, or may be purchased, from
the Electricity Commission, Level Seven, ASB Bank
Tower, 2 Hunter Street, Wellington. A copy of the
contract is also available to be viewed, free of charge, on
the Electricity Commission web site:
http://www.electricitycommission.govt.nz/opdev/secsupply/resenagmts/

Dated at Wellington this 24th day of June 2005.

For and on behalf of the Electricity Commission:
ROY HEMMINGWAY, Chair.
au4123

Electricity (Levy of Industry Participants) Regulations 2005

Notice of New Annual Levy Rate for Supply Security Operations at Whirinaki for the Financial Year

Ending 30 June 2005

This notice of a new annual levy rate for supply security operations for the financial year ending 30 June 2005, pursuant to
Regulation 8 of the Electricity (Levy of Industry Participants) Regulations 2005 (“Regulations”), is issued by the Electricity
Commission (“Commission”), established under the Electricity Act 1992.

The Regulations came into effect on 21 April 2005.

The Regulations provide that the levy rate for the financial year ending 30 June 2005 includes the Commission’s costs
in relation to the Whirinaki contract from 1 April 2005 (being the commencement date of that contract).

The Whirinaki contract is the contract between the Commission and the Crown providing for the power station located
at Whirinaki, and the associated assets, rights and liabilities, to be available for the purposes of reserve energy (Whirinaki
contract).

Regulation 14 applies to the costs of any activity that the Commission began to carry out before the date on which
the Regulations come into force, or begins to carry out after that date (whether that activity is an initial or a new function) and
that the Commission was authorised to carry out under the Act at that time.

Under Regulation 14, the Commission may decide to recover all or any of the costs of the activity by any one or more of
the following methods:

● In any one or more monthly instalments of the levy, by setting a new rate for that activity or by adjusting an existing levy
rate under Regulation 10; or
● in the end-of-year reconciliation under Regulations 11 to 13.

The Commission has decided to recover the costs in relation to the Whirinaki contract by setting a new annual levy rate
for supply security operations under Regulation 10.