Top Energy and Ngāwhā Generation exemption 2023

This consultation sought feedback on our draft decision on an application by Top Energy Limited and Ngāwhā Generation Limited for an amended exemption from arm’s-length rules 9 and 10 in Part 6A of the Code. We would like to thank MainPower New Zealand for making a submission on this consultation.

Our final 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.

The Authority considers that by amending (with conditions) the existing exemption to allow increased geothermal generation, competition and reliability is either not affected or improved, and efficiency is improved. Read the final decision.