Top Energy and Ngāwhā Generation exemption

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 all those who provided input into this consultation.

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 amended exemption would allow Top Energy Limited and Ngāwhā Generation Limited to share senior management with an increase in generation.

The Electricity 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.

After taking submissions into account, we will make a final decision and publish a notice of exemption (if applicable) in the New Zealand Gazette.