Rulings Panel

Date Published: Sat, 19/02/2011 - 09:36 Author: Tim Herbert

Rulings Panel

Date Published: Sat, 19/02/2011 - 11:00 Author: Tim Herbert

The Rulings Panel is an independent body appointed by the Minister of Energy under the Compliance Regulations.

The Rulings Panel approves or rejects settlements referred by an Investigator under the Compliance Regulations and determines breach allegations that are unable to be settled or in respect of which a settlement has not been approved.

A summary of the procedures of the Rulings Panel is available below.

Summary of Ruling Panel procedures

Decisions by the Rulings Panel and settlements approved by the Rulings Panel can be viewed on the Rulings Panel Decisions tab above

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Determinations

Date Published: Sat, 19/02/2011 - 11:02 Author: Tim Herbert

The Rulings Panel approves or rejects settlements referred by an Investigator under the Gas Governance (Compliance) Regulations 2008 (the 'Compliance Regulations') and determines breach allegations that are unable to be settled or in respect of which a settlement has not been approved.

Determinations of Alleged Breaches

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

Approved Settlements of Alleged Breaches

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

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