Gas Processing Facilities Information Disclosure
Overview
Introduction
The purpose of this project is to achieve the regulatory objective of the Gas (Processing Facilities Information Disclosure)Rules (the Rules) 'to provide a process to settle the issue of whether it is necessary to recommend the rules or regulations setting reasonable terms and conditions for access to, and use of, gas processing facilities…'
Access to key infrastructure is an essential part of effective open access. This work stream seeks to determine whether there are issues that are preventing open access to processing plants, and thus hindering the effectiveness of the open access regime.
Summary of Status
The Rules came into effect on 27 June 2008. The Rules will expire after six years unless extended by the Minister of Energy. All gas processing facility owners have complied with the initial disclosure requirements of the Rules. A summary of the available capacity and capability of each processing plant, along with the full disclosures, can be found under the market administration tab.
Issues, Options and Discussion Papers
Previously Consulted On
Proposed Recommendation on the Gas (Processing Facilities Information Disclosure) Rules 2008
The Gas (Processing Facilities Information Disclosure) Rules 2008 ('the Rules') expire on 27 June 2014. By 27 June 2013, Gas Industry Co must provide a recommendation to the Minister of Energy and Resources on the need for rules or regulations setting reasonable terms and conditions for access to, and use of, gas processing facilities.
This paper provides the industry with an opportunity to comment on Gas Industry Co's intended recommendation.
Submissions received
Discussion Paper - Access to Gas Processing Facilities
The 2004 Government Policy Statement on Gas Governance invites Gas Industry Co to recommend protocols for access to gas processing facilities. This discussion paper reviews the market for gas processing in New Zealand, looks at the economic issues involved and anecdotal evidence supporting intervention in this area.
Date Published: April 2006
Submissions received
Statement of Proposal - Information Disclosure by Owners of Gas Processing Facilities
Previously Consulted On
Statement of Proposal - Information Disclosure by Owners of Gas Processing Facilities
Date Published: September 2007
Author: Ian Dempster & Nicole MacFarlane
Gas Industry Co has released a statement of proposal in respect of information disclosure by owners of gas processing facilities. This proposal follows from the December 2006 recommendation to the Minister of Energy relating to protocols for access to gas processing facilities. That recommendation, subsequently approved by the Minister, suggested pursuing an industry arrangement for information disclosure, with a fall-back to a regulated option if the industry arrangement proved infeasible.
Submissions received
Market Administration
Gas (Processing Facilities Information Disclosure) Rules 2008
The Gas (Processing Facilities Information Disclosure) Rules 2008 (the 'Rules') were gazetted by the Minister of Energy on 29 May 2008. The Rules come into effect on 27 June 2008 and will expire after six years unless the Minister of Energy decides to extend the Rules.
Gas (Processing Facilities Information Disclosure) Rules 2008
The purpose of the Rules is to provide a process to settle the issue of whether
it is necessary to recommend rules or regulations setting reasonable terms and
conditions for access to, and use of, gas processing facilities by:
• making information publicly available on the capability of, and availability
of capacity at, gas processing facilities;
• monitoring responses to requests for third party access to gas processing
facilities; and
• using that information to report to the Minister of Energy on the need for
rules or regulations setting reasonable terms and conditions for access to, and
use of, gas processing facilities under section 43F(2)(b) of the Gas
Act.
Past Information Disclosures
In accordance with the Gas (Processing Facilities Information Disclosure) Rules 2008, information submitted by facility owners has been published for viewing below. Changes to this information will be updated within 10 working days of additional or amended information being received by Gas Industry Co.
2011
McKee-Mangahewa Production Station
2010
McKee-Mangahewa Production Station
2009
McKee-Mangahewa Production Station
Turangi A Wellsite Production Station
2008
Kahili
Separation Facility
Kaimiro
Production Station
Kapuni Gas Treatment
Plant
Maui Production
Station
Mckee-Mangahewa
Production Station
Pohukura Production
Station
Rimu Production
Station
Turangi A Wellsite
Production Station
Waihapa Production
Station 
Current Information Disclosures
In accordance with the Gas (Processing Facilities Information Disclosure) Rules 2008, information submitted by facility owners has been published for viewing below. Changes to this information will be updated within 10 business days of additional or amended information being received by Gas Industry Co.
2012
McKee-Mangahewa Production Station
Information Disclosure Requirements
Part 2 of the Rules: Disclosing public information
Owners of gas processing facilities must disclose the following information to Gas Industry Co (as the industry body) for each of the gas processing facilities wholly or partly owned by the facility owner no later than 30 business days after commissioning of the facility, on the annual anniversary of that date, and whenever there is a material change in the information provided:
• the ownership share and contact details of all of the facility owners;
• forecasts of spare gas processing capacity; and
• such other technical information on the capacity of their gas processing facilities as the industry body may require facility owners to disclose from time to time.
For facility owners that submit information for each 12 month period ended on the anniversary date of the Rules coming into effect the next disclosure of this information (covering the period from 2 August 2012 to 1 August 2013) is due to be submitted by 5pm Tuesday 20 August 2013. Facility owners must also give a notice disclosing information whenever there is material change in the information. The information must be disclosed in accordance with the disclosure form published by Gas Industry Co.
Facility owners must ensure that all information disclosed under Part 2 of the Rules is certified as correct by a director or principal office of the facility owner.
Gas Industry Co will publish all information provided by facility owners in accordance with Part 2 of the Rules on its website within 10 days of receiving it.
Gas Processing Facility Information Disclosure Form- Public Information
Part 3 of the Rules: Monitoring requests for access to gas processing facilities
For each 12 month period ended on the anniversary date of the Rules coming into effect, owners of gas processing facilities must disclose to Gas Industry Co (as the industry body) the following information on approaches by third parties investigating the possibility of access to their gas processing facilities in accordance with the Rules:
• number of bona fide approaches for access;
• summaries of the nature of approaches for access; and
• summaries of the outcome of approaches for access.
The disclosure of this information (covering the period from 27 June 2012 to 26 June 2013) is due to be submitted by 5pm Tuesday 23 July 2013.
When providing information about the nature and outcome of approaches for access, facility owners are not required to disclose any information that a reasonable person would consider was commercially sensitive at the time the disclosure was made. The information provided by the facility owner must be correct and provide a fair representation of the nature of the approach.
Any third party that has sought access to a gas processing facility may provide the information set out above directly to Gas Industry Co, however, such disclosure does not relieve the obligation of the facility owner to provide that same information.
Gas Industry Co must treat information received on third party access requests as confidential unless otherwise agreed with the owner of the relevant gas processing facility. Gas Industry Co may use this information only for the purposes of monitoring market efficiency and reporting to the Associate Minister of Energy and Resources on the need for regulation in accordance with the Rules.
Gas Processing Facility Information Disclosure Form- Third Party Access (Confidential) 2012
Ian Wilson, Principal Adviser Infrastructure Access Group, is responsible for the implementation of these rules and should be contacted for further information.