Part 6A exemption application from Top Energy and Ngāwhā Generation

Top Energy Limited, Ngāwhā Generation Limited, and senior management common to both participants have applied for an amendment to their existing exemption from arm’s-length rules 9 and 10 in Part 6A of the Electricity Industry Participation Code.

Part 6A requires distributors, connected generators, and any person involved in them both to comply, and to ensure their businesses comply, with the corporate separation and arm’s-length rules, if a connected generator has a total capacity of more than 50MW of generation.

Top Energy Limited, Ngāwhā Generation Limited, and senior management have an existing exemption from arm’s-length rules 9 and 10 in relation to geothermal generation of up to 75 MW from Ngāwhā Springs Power Station. Ngāwhā Generation Limited is a wholly owned subsidiary of Top Energy Limited and the exemption from arm’s-length rules 9 and 10 allows Top Energy Limited and Ngāwhā Generation Limited to share senior management.

Top Energy Limited and Ngāwhā Generation Limited's application seeks to amend the existing exemption by increasing the geothermal generation from Ngāwhā Springs by an additional 42MW and allow for the potential development of solar generation up to 10MW.

Read the exemption application.

The Electricity Authority intends to publish a draft decision on the application seeking feedback in early November 2023.