Part 6A exemption application from Top Energy and Ngāwhā Generation – draft decision

The Electricity Authority Te Mana Hiko is seeking feedback on its draft decision on an application by Top Energy Limited and Ngāwhā Generation Limited for an exemption from arm’s-length rules 9 and 10 in Part 6A of the Code.

Top Energy Limited, Ngāwhā Generation Limited, and senior management common to both, are seeking an amendment to an existing exemption from arm’s-length rules 9 and 10 to allow geothermal generation of up to 117MW and proposed solar generation of up to 10MW from Ngāwhā Springs Power Station. An exemption would allow Top Energy Limited and Ngāwhā Generation Limited to share senior management.

The Authority’s draft decision is to:

• grant the application for an amendment to the existing exemption for geothermal generation up to 117MW
• decline the application in respect of the proposed solar generation on the basis that Part 6A does not apply to non-rotating generation and the Authority does not have jurisdiction to consider this aspect of the application.

We welcome submissions on our draft decision paper to compliance@ea.govt.nz by 5pm on Friday 24 November 2023.

The Authority does not have to consult on exemption decisions. However, this is the first time a decision has been made since the arm’s length provisions have been moved into the Code from the Act. This means the legal test is different and we consider consultation appropriate for this decision.

Read the draft decision paper

Read the exemption application