16 MARCH 2006 NEW ZEALAND GAZETTE, No. 25

675

Authorities and Other Agencies of State Notices

Commerce Commission

Telecommunications Act 2001

Decision to Investigate Vodafone’s Application for Designated Access Services

On 13 January 2006, Vodafone filed an application with the Commerce Commission ("the Commission") for determination of a designated access service ("the application") under section 20 of the Telecommunications Act 2001 ("the Act").

In particular, Vodafone is seeking a determination by the Commission in regard to "interconnection with Telecom’s fixed PSTN" under subpart 1 of Part 2 of Schedule 1 of the Act.

Pursuant to section 25 (1) (c) of the Act, the Commission gives public notice that it has decided, under section 25 of the Act, to investigate the application.

Pursuant to section 25 (1) (d), the Commission requests that the parties to the determination provide submissions on the matter by written notice to the Commission by Tuesday, 28 March 2006 at 5.00 p.m.

A public copy of the decision can be viewed or downloaded from the Commission’s web site at:
www.comcom.govt.nz
under the Telecommunications Regulation section.

Date of decision: 14 March 2006.

COMMERCE COMMISSION.

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4. Section 172F (3) provides that the Commission is not required to comply with section 172F (1) (which relates to carrying out an assessment) if it is satisfied that the effect of the recommendation is minor and will not adversely affect the interests of any person in a substantial way. In reliance on section 172F (3), no such assessment has been carried out under section 172F (1) of the Act.

Recommended Amendments to the Rules

5. The recommended amendments to the Rules were to:

(a) remove from the Rules the requirement for generators to submit offers for maximum partly loaded spinning reserve and maximum tail water depressed reserve via COMIT;

(b) allow offers that are made prior to the must run dispatch auction to be made at zero price;

(c) remove the "good till cancelled" option on offer and bid forms, as it is made redundant by other existing Rules; and

(d) clarify how generators make additional offers, and ancillary service agents make additional reserve offers, during a grid emergency.

A copy of the Commission’s recommendation is available, at no cost, on the Commission’s web site:
http://www.electricitycommission.govt.nz/rulesandregs/recommend

Dated at Wellington this 13th day of March 2006.

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

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Electricity Commission

Electricity Act 1992

Notice of Making of a Recommendation Concerning the Electricity Governance Rules 2003 — Rule Amendment Proposal No. 75

1. This notice of a recommendation concerning the Electricity Governance Rules 2003 ("Rules"), Rule Amendment Proposal No. 75, is issued by the Electricity Commission ("Commission"), established under the Electricity Act 1992 ("Act"), pursuant to section 172E (2) (c) of that Act.

2. Section 172E (2) (c) of the Act provides that, no later than 10 working days after making a recommendation concerning the Rules to the Minister of Energy, the Commission must publicise the recommendation and the assessment completed under section 172F of the Act.

Recommendation

3. On 13 March 2006, the Commission made a recommendation that Rules 6.3 of Section II, 8.3.2, 8.3.3 and 2.14 of Section IV and forms 1, 2, 3, and 4 of Schedule G1, all of Part G, be amended, and new Rules 6.24 of Section II and 8.3.4 of Section III of Part G be inserted into the Rules.

4. Section 172F (3) provides that the Commission is not required to comply with section 172F (1) (which relates to carrying out an assessment) if it is satisfied that the effect of the recommendation is minor and will not adversely affect the interests of any person in a substantial way. No assessment was carried out under section 172F (1) of the Act.

Electricity Governance Regulations 2003

Notice of the Amendment of Exemption No. 13

Pursuant to Regulation 196 of the Electricity Governance Regulations 2003, the Electricity Commission ("Commission") gives the following notice.

Notice

1. Title and commencement—(1) This notice is the Electricity Governance Regulations (Exemption No. 13 (TrustPower Limited acting as agent for Carter Holt Harvey Pulp and Paper Limited)) Amendment Notice 2006.

(2) In this notice, the Electricity Governance Regulations (Exemption No. 13 (TrustPower Limited)) Exemption Notice 2004* is called the principal notice.

(3) This notice comes into force on the day after the date on which it is notified in the New Zealand Gazette.

2. Amendment to principal notice—(1) The principal notice provides an exemption from the requirement to comply with Rule 4.11 of Section III of Part G of the Electricity Governance Rules 2003.

(2) The principal notice is amended by omitting the date on which the exemption is stated to expire (1 April 2006) and substituting 31 March 2007.

3. Reasons for amendment
   The reasons for this amendment are as follows:

4. Most of the energy produced is used on-site and the on-site processes require the operation of the co-generation plant in conjunction with these