The Rulings Panel has determined the following alleged breaches referred by the Investigator under the Compliance Regulations:
| Breach notice identifying number |
Participant allegedly in breach |
Decision |
|
2009-21
2009-22
2009-23
|
E-Gas
AMS
Auckland Gas
|
Decision on 2009-21, 2009-22, and 2009-23 |
|
2009-49
2009-65
2009-89
2009-94
|
E-Gas
|
Decision on 2009-49, 2009-65, 2009-89, and 2009-94
E-Gas admitted 63 breaches of the Gas (Switching Arrangements) Rules 2008, primarily r 69.2. E-Gas acknowledged the fundamental principle of the Gas (Switching Arrangements) Rules 2008, which is that switches should be completed within 23 business days in accordance with the Rules. The Rulings Panel has made the following orders under s 43X of the Gas Act 1992:
- A civil pecuniary penalty of $300.00 for each breach, making a total of $18,900.00.
- A public reprimand to be circulated to industry participants by email, and published as part of the Panel’s determination on the website of Gas Industry Co.
- Compensation payable to Nova by E-Gas of the sum of $33,214.05.
- E-Gas is to pay to Gas Industry Co the costs of the Investigator’s involvement and the Rulings Panel expenses, provided that Gas Industry Co submits, within seven days of the Rulings Panel decision, a finalised account for approval by the Rulings Panel.
Decision as to costs 26/04/2010 |
|
2009-104
2009-129
2009-130
2009-138
2009-139
2009-160
2009-161
2009-180
2009-186
2009-187
2009-206
2009-235
|
Nova Gas
Auckland Gas
|
Decision on 2009-104, 2009-129, 2009-130, 2009-138, 2009-139, 2009-160, 2009-161, 2009-180, 2009-186, 2009-187, 2009-206 and 2009-235
Decision as to costs 19/07/2010
|
|
2009-127
2009-140
|
Auckland Gas |
Decision on 2009-127 and 2009-140
Decision as to costs 19/07/2010
|
|
2009-114
2009-144
|
E-Gas Limited/
E-Gas 2000 Limited
|
Decision as to compensation 19/07/2010
|
|
2009-176 (D to L)
2009-196
|
Nova Gas
Auckland Gas
|
Decision as to sanctions 19/07/2010 |
|
2010-104
2010-152
|
E-Gas Limited/
E-Gas 2000 Limited
|
Decision on 2010-104 and 2010-152 |
|
2010-32
2010-59
2010-127
|
E-Gas Limited/
E-Gas 2000 Limited
|
Status of breach notices 2010-32, 59 and 127 |
| 2010-153 |
E-Gas Limited/
E-Gas 2000 Limited
|
Status of breach notice 2010-153 |
The Rulings Panel has approved the following settlements referred by the investigator under the Compliance Regulations:
| Breach notice identifying number |
Participant allegedly in breach |
Settlement approved by the Rulings Panel under regulation 34 |
2009-136, 2009-148
and 2009-163 |
Nova Gas |
Settlement of alleged breaches of rules 65.2 and 78.2 of the Gas (Switching Arrangements) Rules 2008 |
| 2009-169 |
Contact Energy |
Settlement of alleged breaches of rule 69.2 of the Gas (Switching Arrangements) Rules 2008 (S-CTCT-09020 and 09023) |
| 2009-144 |
E-Gas and E-Gas 2000 |
Partial settlement of alleged breaches of rule 69.2 of the Gas (Switching Arrangements) Rules 2008 |
| 2009-114 |
E-Gas and E-Gas 2000 |
Partial settlement of alleged breaches of rule 69.2 of the Gas (Switching Arrangements) Rules 2008 |
| 2009-96 |
Nova Gas |
Settlement of alleged breaches of rule 78.1 of the Gas (Switching Arrangements) Rules 2008 (S-GNVG-06239, 06242, 06243, 06260, 06265, 06270, and 06271) |
| 2009-94 |
E-Gas |
Settlement of alleged breaches of rule 69.2 and 78.1 of the Gas (Switching Arrangements) Rules 2008 (S-EGLT-05021 to 05024, 05026, 05028, 05032, 05034, 05043, 05048, and 05050 to 05058; S-EGAS-05014 to 05016, 05019, 05021 and 05022
|
| 2009-82 |
OnGas |
Settlement of alleged breach of rule 31.1 of the Gas (Downstream Reconciliation) Rules 2008 |
| 2009-73 |
The Auckland Gas Company |
Settlement of alleged breaches of rules 69.1, 69.2 and 78.1 of the Gas (Switching Arrangements) Rules 2008 (S-AGCL-05003, 05004, 05014 to 05016, 05018, 05021 to 05023, and 05026) |
| 2009-67 |
Nova Gas |
Settlement of alleged breaches of rules 69.1, 69.2 and 78.1 of the Gas (Switching Arrangements) Rules 2008 (S-GNVG-05010, 05011, 05015, 05017, 05021 to 05024, 05029 to 05034, and 05037 to 05041) |
| 2009-65 |
E-Gas |
Settlement of alleged breaches of rule 69.1, 69.2, 72.2 and 78.1 of the Gas (Switching Arrangements) Rules 2008 (S-EGLT-06014, 06019, 06025, 06027, 06028, 06030 to 06033, and 06035 to 06040; S-EGAS-06003, 06005, 06006, 06008 to 06011, and 06021)
|
|
2009-49
|
E-Gas |
Settlement of alleged breaches of rule 69.2 and 78.1 of the Gas (Switching Arrangements) Rules 2008 (S-EGLT-04003 to 04076, 04080 to 04081,04085 to 04091, 04099 to 04101, 04103, 04105, 04108 to 04113, 04115, 04119 to 04121, 04525 and 04528; S-EGAS-04047,04051 to 04053, 04055 to 04064 and 04097)
|
| 2009-53 |
Nova Gas |
Settlement of alleged breaches of rule 69.2 and 78.1 of the Gas (Switching Arrangements) Rules 2008 (S-GNVG-04012 and 04042)
|
| 2009-45 |
Auckland Gas |
Settlement of alleged breaches of rule 69.2 of the Gas (Switching Arrangements) Rules 2008 (S-AGCL-04017 and 04062)
|
|
2009-32 and 2009-47
|
Contact Energy |
Settlement of alleged breaches of rule 72.2 of the Gas (Switching Arrangements) Rules 2008 (S-CTCT-03032 to 03061) and (S-CTCT-04038 to 04065)
|
|
2009-31
|
Bay of Plenty Energy |
Settlement of alleged breaches of rule 72.2 of the Gas (Switching Arrangements) Rules 2008 (S-BOPE-03-013)
|
| 2009-24 |
Contact Energy |
Settlement of alleged breaches of rules 34.1, 58.1 and 61.1 of the Gas (Switching Arrangements) Rules 2008
|
| 2008-9, 2008-10 and 2009-2 |
Vector |
Settlement of alleged breaches of rule 41 of the Gas (Downstream Reconciliation) Rules 2008
|
| 2010-316 |
Contact |
Settlement of alleged breaches of rules 30-33 of the Gas (Downstream Reconciliation) Rules 2008
|
| 2010-362 |
OnGas |
Settlement of alleged breaches of rules 31-33 of the Gas (Downstream Reconciliation) Rules 2008
|
| All material rule 37.2 breaches for consumption periods October 2008 to November 2009 |
Various |
Settlement of alleged breaches of rule 37.2 of the Gas (Downstream Reconciliation) Rules 2008 (October 2008 to November 2009) |
| 2011-174 and 2011-242 |
Vector |
Settlement of alleged breaches of rules 26.2.1 and 41.1 of the Gas (Downstream Reconciliation) Rules 2008 |