1. Pursuant to section 38(3)(b) of the Electricity Industry Act 2010 ("Act"), the Electricity Authority ("Authority") gives notice of the making of the Electricity Industry Participation (Force Majeure) Code Amendment 2012.
2. The amendment comes into force on 1 November 2012.
3. The amendment makes changes to the Electricity Industry Participation Code 2010 ("Code"):
(a) to remove the exemption granted to market operation service providers and ancillary service agents that relieves those persons from their obligation to comply with certain provisions in the Act in a force majeure event;
(b) to exempt market operation service providers and ancillary service agents from their obligation to comply with Parts 6 and 9 of the Code, and the Electricity Industry (Enforcement) Regulations 2010 in a force majeure event; and
(c) to require market operation service providers and ancillary service agents relying on the force majeure provisions to provide information to the Authority about the force majeure event.
4. A copy of the amendment and the Code is available on the Authority’s website
www.ea.govt.nz/act-code-regs/code-regs/the-code/
5. A copy of the amendment and the Code may also be inspected free of charge or purchased from the Electricity Authority, Level 7, ASB Bank Tower, 2 Hunter Street, Wellington.
Dated at Wellington this 2nd day of October 2012.
DR THOMAS BRENT LAYTON, Chairperson, Electricity Authority.