The Gas Governance (Compliance) Regulations 2008 (the Compliance Regulations) were published in the New Zealand Gazette by the Minister of Energy on 14 August 2008 and came into effect on 11 September 2008. The purpose of the Compliance Regulations is to provide for the monitoring and enforcement of the following rules: Gas (Switching Arrangements) Rules 2008; Gas (Processing Facilities Information Disclosure) Rules 2008; Gas (Downstream Reconciliation) Rules 2008; and Gas Governance (Critical Contingency Management) Regulations 2008 (collectively, the ‘Rules’).
A situation recently arose where there was a lack of clarity regarding process once a matter has been referred to the Rulings Panel for determination. The Rulings Panel has proposed a minor amendment to its summary of procedures in response. The proposed addition to the Rulings Panel summary of procedures will insert a new paragraph 7 to read:
“Once the Rulings Panel has decided to determine an alleged breach under regulation 36(c) or the Investigator refers an alleged breach to the Rulings Panel under regulation 37, the procedures listed below apply in determining the alleged breach. If exceptional circumstances arise in relation to an alleged breach that suggest a hearing should not go ahead or should be deferred, such circumstances must be brought to the attention of the Rulings Panel, with full details of the circumstances. The Rulings Panel may then, at its sole discretion as permitted by legislation, amend its processes in respect of that alleged breach.”
Gas Industry Co is currently consulting on the proposed amendment to the Rulings Panel summary of procedures. Gas Industry Co invites submissions from stakeholders on the proposed procedures. Submissions are due by Wednesday, 7 April 2010.
It is anticipated that changes will, from time to time, be proposed to the five sets of gas governance rules and regulations that are now in effect. To ensure that proposed changes are processed efficiently and effectively, it is intended to set rule change guidelines in place.
Author: Nicole MacFarlane
The Gas Governance (Compliance) Regulations 2008 (the ‘Compliance Regulations’) were published in the New Zealand Gazette by the Minister of Energy on 14 August 2008 and came into effect on 11 September 2008.
The purpose of the Compliance Regulations is to provide for the monitoring and enforcement of the following rules: Gas (Switching Arrangements) Rules 2008; Gas (Processing Facilities Information Disclosure) Rules 2008; and Gas (Downstream Reconciliation) Rules 2008 (collectively, the ‘Rules’).
Gas Industry Co has consulted on the procedures for the market administrator, investigator and Rulings Panel appointed under the Compliance Regulations.
The consultation paper sought input from stakeholders on the preferred model for a compliance and enforcement regime to support the proposed switching and registry rules and other industry arrangements developed by the Gas Industry Co.