1. Under sections 38 and 40 of the Electricity Industry Act 2010, the Electricity Authority gives notice of making the Electricity Industry Participation Code Amendment (Discretionary Demand Control) 2023 (“amendment”).

2. The amendment comes into force on 3 May 2023.

3. The amendment amends clause 1.1 and Schedule 8.3, Technical Code B of the Electricity Industry Participation Code (“Code”) to clarify the availability and use of “discretionary demand”. The amendments allow the system operator to request that distributors provide an indication of their available discretionary demand, including where agreed with the system operator, via submitting difference bids. This will provide the system operator greater visibility on the expected quantity of available discretionary demand that can be shed by a distributor when instructed to do so under a grid emergency.

4. Pursuant to section 40 of the Electricity Industry Act 2010, the Authority considers that it is necessary or desirable in the public interest that the amendment be made urgently to address risks highlighted by the system operator in relation to tight supply conditions during Winter 2023 and therefore to promote the reliable supply of electricity for consumers during Winter 2023.

5. The amendment is secondary legislation for the purpose of the Legislation Act 2019 and is administered by the Authority.

6. A copy of the amendment and the Code is available on the Electricity Authority’s website: http://www.ea.govt.nz/code-and-compliance/the-code/.

7. A copy of the amendment and the Code may also be inspected free of charge or purchased from the Electricity Authority, Level 7, Aon Centre, 1 Willis Street, Wellington.

Dated at Wellington this 28th day of April 2023.

Dr NICOLA LANE CRAUFORD, Chair, Electricity Authority.