✨ Waitaki Power Scheme Resource Consents
5 JULY 2011 NEW ZEALAND GAZETTE, No. 93 2675
(inclusive) in any year, continue to comply with its obligations under clause 7.1 for that period, unless that outage occurs or has effect because:
(i) at the Commencement Date those assets were subject to a condition which caused that outage;
(ii) that condition resulted from the Water Delivery Assets not having been maintained by Meridian before the Commencement Date in accordance with Good Industry Practice; and
(iii) that condition would not have been remedied in accordance with maintenance required by Good Industry Practice in the period from the Commencement Date to the date on which the Planned outage is notified under clause 8.2(b),
in which case Genesis Energy shall be relieved of its obligations under clause 7.1 for the duration of that Planned outage, to the extent performance was actually prevented by that Planned outage; or
(b) to the extent that that Planned outage occurs or has effect at any time in any year other than the period described in clause 8.3(a), be relieved of its obligations under clause 7.1 for the duration of that Planned outage, to the extent performance was actually prevented by that Planned outage.
8.4 Unplanned outage during Winter: Notwithstanding anything in clause 7.1, Genesis Energy shall, in the case of an Unplanned outage:
(a) to the extent that that Unplanned outage occurs or has effect at any time during the period from midnight at the beginning of 1 May to midnight at the end of 31 October (inclusive) in any year, take all reasonably practicable steps to comply with its obligations under clause 7.1 during such period, but if, notwithstanding it having taken such steps, Genesis Energy is prevented by that Unplanned outage from complying with those obligations, Genesis Energy shall instead deliver any such shortfall in the Pukaki Supply as soon as reasonably practicable after such Unplanned outage shall have occurred; or
(b) to the extent that that Unplanned outage occurs or has effect at any time in any year other than the period described in clause 8.4(a), and Genesis Energy has complied with clause 8.1, be relieved of its obligations under clause 7.1 for the duration of that Unplanned outage, to the extent performance was actually prevented by that Unplanned outage.
8.5 Reinstatement: Notwithstanding clauses 8.3 or 8.4, in the case of a Planned or Unplanned outage which removes the Tekapo B Power Station from operation for a period such that, as a consequence of such outage, Genesis Energy is prevented from complying with its obligation under clause 7.1 (Pukaki Supply) in respect of any month during the Term,, Genesis Energy shall take reasonably practicable steps to utilise the Tekapo B main unit energy dissipator to ensure that water can continue to flow into Lake Pukaki.
8.6 Exceptions: The parties agree that:
(a) clause 8.2 shall be without prejudice to the parties' obligations under the Outage Notification Process;
(b) Genesis Energy is not required to give notice under clause 8.2 in respect of any event or circumstance which is not likely to affect its ability to deliver water to the Water Delivery Point at a rate of 130 Cumecs.
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NZ Gazette 2011, No 93
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Waitaki Power Scheme Resource Consents
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🌾 Primary Industries & ResourcesResource Consents, Waitaki Power Scheme, Water Management, High Flow Management, Pukaki Supply, Environmental Outcomes, Hydrological Information, Outage Management, Genesis Energy, Meridian