Pursuant to Regulation 194 of the Electricity Governance Regulations and Rules 2003 ("EGRs"), this Exemption Notice is issued by the Electricity Commission, formally constituted as the Electricity Governance Board ("the Commission"), in favour of Jade Direct NZ Limited ("Jade"). This exemption is being granted under urgency in reliance on Regulation 194 (4).
Subject to any terms and conditions imposed upon Jade as noted below, the Commission hereby grants Jade an exemption from the requirement to comply with the following Electricity Governance Rule:
1. Rule 5.4.4 of schedule E3 of part E (notification of switch completion).
Exemption Notice to Appear in the New Zealand Gazette
Regulation 194 (2) requires that an exemption, and the Commission's reasons for granting it, must be notified in the
New Zealand Gazette as soon as practicable after being granted. Accordingly the exemption, the subject of this Exemption Notice and the Commission's reasons for granting it, shall be notified in the New Zealand Gazette on 26 February 2004.
Terms and Conditions of Grant of Exemption
Pursuant to Regulation 194 (1), the Commission may, in its discretion and upon the terms and conditions (if any) that it thinks fit, grant an exemption. The Commission is also required to state an expiry date pursuant to Regulation 194 (5) (b). In respect of the exemption contained within this Exemption Notice the Commission imposes the following terms and conditions:
1. The exemption shall expire on 1 May 2004.
2. Jade must continue to notify the new retailer, the old retailer and the relevant distributor in accordance with rule 5.4.4 of schedule E3 of part E.
Board's Reasons for Granting the Exemption Contained in this Notice
The reasons for granting the exemption are as follows:
(a) The EGRs include a new obligation on the registry to notify meter owners of changes in registry data from 1 March 2004. Jade advises that they have had insufficient time to make the software changes necessary to comply with the new obligation.
(b) The issue faced by Jade is due to the transition from NZEM and MARIA to the EGRs and can be addressed through granting an exemption for a short period.
(c) The Commission is unable to identify any participants who would be unduly affected by the grant of the exemption.
(d) Granting the exemption will allow Jade sufficient time to implement facilities which comply with the rule.
Date Upon Which the Exemption Becomes Effective
Pursuant to Regulation 195, the date upon which the exemption contained in this Exemption Notice takes effect, being a date which is not earlier than the date of the New Zealand Gazette notice in respect of the exemption, is 1 March 2004.
Pursuant to Regulation 194 (5) (c) the Commission will publicise the exemption on the Commission's web site.
For and on behalf of the Electricity Governance Board.
ROY HEMMINGWAY, Chairman.