1. Pursuant to section 172E(3)(b) of the Electricity Act 1992 ("Act"), and after reviewing the Electricity Governance (Instantaneous Reserve Dispatch) Amendment Rules 2010 ("Amendment Rules") which were made under urgency in accordance with section 172E(3) of the Act on 18 February 2010 and are now incorporated within the Electricity Governance Rules 2003 ("Rules"), I notify my decision to amend the Rules.
2. Pursuant to section 172I of the Act, I notify the amendment of the Rules under section 172H of the Act.
3. The empowering provisions for the Electricity Governance Regulations in relation to which the amendments to the Rules are made are sections 172D(1)(1)(a), (b) and (c) of the Act.
4. The amendments are minor drafting changes to the Rules in relation to:
(a) the definition of "availability cost" in Part A of the Rules;
(b) Rule 5.3.1A of Section V of Part G of the Rules which describes the calculation of constrained on payments for instantaneous reserve; and
(c) Rule 6.5 of Section V of Part G of the Rules which describes the calculation of the amount that each purchaser is required to pay to the clearing manager to fund constrained on payments for active power to generators.
5. Pursuant to section 172E(3)(b) of the Act, the reasons for my decision to amend the Rules only in relation to minor drafting matters are that:
(a) no submissions, but for one, received on the Amendment Rules identified any substantial concerns, other than minor drafting matters, that need to be addressed by revoking, replacing, or amending the Amendment Rules; and
(b) the reasons for making the Amendment Rules remain valid.
6. These Rules come into force on 1 October 2010.
7. Copies of the Rules may be inspected free of charge or purchased from the Electricity Commission, Level 7, ASB Bank Tower, 2 Hunter Street, Wellington.
8. The Rules can also be viewed on the Electricity Commission's website
http://www.electricitycommission.govt.nz/rulesandregs/rules
Dated at Wellington this 28th day of August 2010.
HON GERRY BROWNLEE, Minister of Energy and Resources.