A recommendation was made to the Minister of Energy in mid-2007 for the establishment of a central gas registry and associated rules to support the ready switching of gas customers between retailers. Relevant amendments to support this were made to the Gas Act in 2008 and the Gas (Switching Arrangements) Rules 2008 were approved and came into effect for the gas registry elements in March 2008. The overall objective of this project is to implement switching so as to achieve the regulatory objective set out in the Recommendation to the Minister: specifically, to bring the Switching Rules into effect (go-live) by 1 March 2009 by deploying a registry system that enables the appointed Registry Operator to supply the required services to the industry reliably and cost-effectively. This aim has now been achieved with the Rules now fully in effect. Another aim is to aid the industry in carrying out its part in making the switching regime work, including effective participation in the user acceptance testing, population of the registry with complete and accurate information and facilitating industry compliance with the new switching arrangements.
The go-live date of 1 March 2009 has been met with Gas Industry Co confirming that the registry is fully operational in accordance with the Switching Rules. Formal migration of data into the registry has occurred, and all major registry functions have been established and tested. Accordingly, registry and the switching regime set out in the Switching Rules are now fully in effect.
A key step in the implementation process has been the appointment of Jade Software as the registry operator. A competitive process was conducted for this appointment based on the issue of an RFP, the evaluation of proposals received to select a preferred respondent, and then the negotiation of agreements with that respondent. The two agreements resulting from this process – an Operating Agreement and a Development and Establishment Agreement – were executed on 1 September 2008. As a part of the negotiation process a detailed business requirements specification was agreed with Jade which enabled development work to start in parallel with the completion of negotiations.
Contact Details
Ian Dempster
Tel: 04 494 2467
Ian.Dempster @ gasindustry.co.nz
Gas Industry Co has released a consultation document proposing minor amendments to the Gas (Switching Arrangements) Rules 2008.
The purpose of this discussion paper is to put forward, for industry comment, minor operational amendments and clarifications to the registry and switching arrangements and the associated compliance process.
Submissions were invited on exemptions which would allow five business days for retailers to respond to GNW and GAC notices. This would be a continuation of the status quo under exemptions granted in 2008 which expired at the end of February.
The existing rules for reconciliation and switching make no distinction between open-access and private networks.
Gas Industry Co commissioned a paper by Dr Geoff Bertram to discuss how gas governance arrangements should be applied to private networks. Submissions were sought on the paper in April 2009, prior to which a workshop was held on 31 March (click here to view the slide presentation). The paper and industry participants submissions in response are set out below.
Gas Industry Co has now also prepared an analysis of submissions that discusses the conclusions of Dr Bertram’s report and considers the responses of submitters. The analysis of submissions can be viewed at the link set out below.
A transitional exemption application under the Switching Rules has been received from Nova Gas Ltd. An exemption until 30 September 2009 was sought from the application of rule 41 to consumer installations on bypass networks. Rule 41 requires that distributors enter ICP information into the registry prior to go-live. The alternative arrangement proposed is that all consumer installations on each bypass network are represented by a single notional ICP. During the term of the exemption Nova Gas propose that the substantive issues relating to the inclusion of bypass networks under both the Switching Rules and the Downstream Reconciliation Rules should be examined.
Author: Malay Shah
Submissions and feedback were invited on draft version 1.2 of the Switching Determinations. The draft can be downloaded below, and the proposed changes from the existing Switching Determinations v1.1 are viewable using the MS Word track changes feature.
Please note:
Author: Malay Shah
Submissions were invited on the two transitional exemptions addressed in this paper under the Gas (Switching Arrangements) Rules 2008. A consultation paper on these applications can been viewed or downloaded here:
Author: Bas Walker and Malay Shah
The Gas (Switching Arrangements) Rules 2008 delegate the determination of specific technical details to support the implementation of the switching rules and the gas registry to Gas Industry Co as the industry body. Although consultation is formally required in only some cases, Gas Industry Co decided to consult on the proposed Determinations in their entirety. The consultation paper can be viewed or downloaded by clicking here:
Author: Nicole MacFarlane and Lee Wilson
The Government Policy Statement on Gas Governance ("GPS") invites Gas Industry Co to recommend arrangements, including regulations and rules where appropriate, for the standardisation and upgrading of protocols allowing customers to switch between retailers, so that barriers to competition are minimised. Following extensive development and consultation, Gas Industry Co issued a Decision Paper (PDF 863KB) in January 2007 setting out the decisions that the Board had taken in respect of progressing the development of a set of switching rules, including a central gas registry and associated compliance arrangements. Although the Board has confirmed its overall approach and intends to recommend the arrangements to the Minister of Energy, in response to submissions received on the decision paper, it has reconsidered issues associated with the allocation of switching and registry costs.
The purpose of this discussion paper was to:
Gas Industry Co considered the submissions and made recommendations to the Minister of Energy in 31 May 2007.
Author: Gael Webster, Rod Treder and Lee Wilson
The Government Policy Statement on Gas Governance invites Gas Industry Co to recommend arrangements for the standardisation and upgrading of protocols relating to customer switching, so that barriers to customer switching are minimised. The main purpose of this decision paper was to explain the decisions that the Gas Industry Co Board has taken in respect of progressing the development of a set of switching rules, a central gas registry, and associated compliance regulations. The decision paper describes the process Gas Industry Co has followed in addressing customer switching issues and related compliance and enforcement arrangements which culminated in two statements of proposal for switching arrangements for the New Zealand Gas Industry. Submissions made on those Proposals, and Gas Industry Co's response to those submissions, are covered in the decision paper. Further stakeholder input was sought on three particular issues, including whether the final drafts of the switching rules and compliance regulations accurately implement the arrangements. Gas Industry Co considered the submissions and made recommendations to the Minister of Energy on 31st May 2007. The decision paper can be viewed or downloaded from here:
Author: Rebecca Cottrell
The purpose of this Discussion Paper was to seek feedback and input from the industry on Gas Industry Co’s analysis of the alternatives available to implement a Central Registry.
Author: Paul Mitchell
The purpose of this consultation paper was to present the findings of an independent cost benefit analysis that had been commissioned by Gas Industry Co regarding options for switching arrangements for the New Zealand gas industry. Gas Industry Co invited submissions from stakeholders as to whether they agree with the assessment of this paper or whether there are additional factors that need to be taken into account prior to a formal recommendation on this subject being made. The cost benefit analysis consultation paper can be viewed or downloaded from here:
Author: Simon Brett
The purpose of this consultation paper was to seek input from stakeholders on Gas Industry Co’s analysis of the issues facing switching arrangements in the New Zealand gas industry, the options considered to be available to address these issues and Gas Industry Co’s preferred option.
Date Published: 31 August 2006 Author: Paul Mitchell
This statement of proposal has been prepared in response to the Government’s desire to minimise barriers to customer switching. Gas Industry Co has undertaken a review of switching arrangements for retail gas customers in New Zealand and has built upon a broad industry acknowledgement of the inefficiency and sub-optimal performance of the current switching arrangements. Click on the following link for:
Date Published: 31 August 2006 Author: Paul Mitchell
This statement of proposal is for compliance and enforcement arrangements to support the proposed switching arrangements for retail gas customers in New Zealand. These switching arrangements are set out in a Statement of Proposal by the Gas Industry Co referred to as Part 1. Click in the following link for:
Date Published: 31 May 2007 Author: Nicole MacFarlane and Gael Webster
On 31 May 2007, Gas Industry Co made two recommendations in respect of arrangements for consumers switching between retailers and an associated compliance regime. The texts of both of these recommendations, including details of the assessments completed under section 43N of the Act, can be viewed or downloaded from this page.
Recommendation to the Minister of Energy on Switching Arrangements for the NZ Gas Industry
Recommendation to the Minister of Energy on Regulations for Enforcement of Switching Arrangements
The Gas (Switching Arrangements) Rules 2008 (‘Switching Rules’) were gazetted by the Minister of Energy on 14 February 2008.
A copy of the rules is available by clicking on the link below:
Gas (Switching Arrangements) Rules 2008 (PDF 597 KB)
The purpose of the Switching Rules is to establish a set of gas switching and registry arrangements that will enable consumers to choose, and alternate, efficiently and satisfactorily between competing retailers. The rules provide for:
Parts 1, 2 and 4 of the Switching Rules (rules 1 to 50 and 88 to 91) came into effect on 13 March 2008. Those rules provide for the appointment of the registry operator and establishment of the registry. Part 3 (rules 51 to 87) deals with the processes for initiating and processing switches between retailers. Part 3 came into effect on the “go-live date” of 1 March 2009, being the date on which Gas Industry Co confirmed that the registry became fully operational under the Switching Rules.
The Gas Registry website can be found at https://www.gasregistry.co.nz
The Rules require Gas Industry Co to appoint a registry operator. The gas registry is owned and operated by Jade Software Corporation (NZ) Limited and the service provider agreement can be viewed here.
The Gas (Switching Arrangements) Rules 2008 require Gas Industry Co to determine and publish certain information required for the full implementation of the rules and of the gas registry in particular. These determinations are maintained in consultation with registry participants and the current version is available by clicking on the link below:
Analysis of Submissions and Responses v1.2
Rule 90 of the Gas (Switching Arrangements) Rules 2008 provides for transitional exemptions to be granted. The process for dealing with exemptions applications under the Switching Rules is very similar to that for dealing with exemptions under the Reconciliation Rules. To assist registry participants, a general information paper on exemptions has thus been prepared and this can be downloaded by clicking the link below.
Information Paper - Dealing with Exemptions under the Downstream Reconciliation and Switching Rules
The table below sets out exemption applications received under the Switching Rules, the status of those applications and gives notice of any exemptions granted by Gas Industry Co. The status descriptions are as follows:
The form for an exemption application is set out at the link below. Gas Industry Co recommends that you follow the format to ensure that all the necessary information is provided and to avoid delays caused by an incomplete application.
Your application should be in writing and addressed to the General Counsel, Gas Industry Co by email to: exemptions
gasindustry [dot] co [dot] nz. A hard copy of your application should also be forwarded.
This form should be used by industry participants to:
The form can be viewed or downloaded by clicking on the link below:
Gas Registry Access Application Form
This form should be used by distributors to provide notice of changes to gas gate information, including:
As required by rule 46 of the Gas (Switching Arrangements) Rules 2008 distributors must provide notice to the industry body, registry operator, allocation agent and all affected retailers at least 20 business days before the effective date.
The form can be viewed or downloaded by clicking on the link below:
The form for an exemption application can be viewed or downloaded by clicking on the link below. Gas Industry Co recommends that you follow the format to ensure that all the necessary information is provided and to avoid delays caused by an incomplete application.
Your application should be in writing and addressed to the General Counsel, Gas Industry Co by email to: exemptions
gasindustry [dot] co [dot] nz. A hard copy of your application should also be forwarded.
Rules 24 through 26 of the Switching Rules provide for ongoing fees to be paid by retailers to Gas Industry Co on a monthly basis to meet the registry ongoing costs. The registry ongoing costs include the costs:
Gas Industry Co has determined that the registry ongoing costs should exclude any overhead costs or policy work resulting from operational activities under the Switching Rules. Any such work is to be funded from the Gas Industry Co Levy. The registry ongoing costs therefore only relate to other direct external costs in connection with Gas Industry Co administering the Switching Rules.
For each year following the first year or part year of operation, Gas Industry Co must estimate and publish on its website, at least two months prior to the beginning of the year, a breakdown of the estimated registry ongoing costs for that year. The breakdown is set out in the table below.
|
Cost categories |
Estimated annual cost |
| Service provider - base fee | $243,600 |
| Service provider - system changes | $30,000 |
| Service provider - escrow arrangements | $4,000 |
| External advisers | $30,000 |
| Total registry ongoing costs | $307,600 |
Following the commencement date, Gas Industry Co determined and published on its website a breakdown of the estimated registry ongoing costs for the first part year of operation of the registry. Given that the Switching Rules went live on 1 March 2009, the registry ongoing costs were estimated for the balance of calendar 2009, ie a period of 10 months.
As soon as practicable after the end of the year, Gas Industry Co must determine and publish on its website a breakdown of the actual registry ongoing costs for that year. The breakdown of actual registry ongoing costs is given in the table below.
|
Cost categories |
Actual cost ($) |
| Service provider - base fee | 200,340 |
| Service provider - system changes | 1,200 |
| Service provider - escrow arrangements | 1,850 |
| External advisers | 0 |
| Total registry ongoing costs | 203,390 |
| Amount recovered through market fees | 250,000 |
| Over-recovery | 46,610 |
No less than 10 business days after publication Gas Industry Co is required to invoice, or issue a credit note to, each retailer with the difference between that retailer’s share of the actual registry ongoing costs and the amount of the estimated registry ongoing costs invoiced to that retailer for that year.
Rules 22 and 23 of the Switching Rules provide for registry development fees to be paid by registry participants to Gas Industry Co to meet the registry development costs. The registry development costs include the:
Gas Industry Co has determined that its costs should exclude overhead costs and policy work resulting from operational activities under the Switching Rules.
As soon as practicable after the commencement date (13 March 2008), Gas Industry Co was required to determine and publish, on its website, a breakdown of the estimated registry development costs.
As soon as practicable after the go-live date (1 March 2009), Gas Industry Co was required to determine and publish, on its website, a breakdown of the actual registry development costs.
The estimated and actual development costs are provided below:
|
Cost categories |
Estimated Cost | Actual Cost |
|
Registry development capital costs, consisting of: registry operator system development; user acceptance testing support; and transition/data population support |
$800,000 | $876,149 |
|
Registry operator appointment costs, consisting of: RFP evaluation and requirements specification; and contract negotiation and legal advice |
$125,000 | $100,702 |
| Industry body development/establishment costs | $150,000 | $118,560 |
| Total registry development costs | $1,075,000 | $1,095,411 |
The difference between actual and estimated registry capital costs is largely attributable to system change requests which were agreed with the industry prior to go-live.
In accordance with rule 23.5, each participant was invoiced with the difference between their share of the actual costs and the amount of the estimated costs allocated to that person.
The current determinations by Gas Industry Co under the Gas (Switching Arrangements) Rules 2008 cover, amongst other things, report access restrictions and requirements. Under this determination Gas Industry Co intends to publish summary registry reports on its website including the following information on a monthly basis:
The monthly reports are available by clicking on the links below:
| March 2009 | January 2010 |
| April 2009 | February 2010 |
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Rule 18 requires that the registry operator must conduct a self-review of its performance on a monthly basis. The review must concentrate on the operation of the rules and the registry operator's compliance, in the previous month, with its obligations under the rules, the terms of the service provider agreements and any performance standards agreed between the registry operator and the industry body. Gas Industry Co is required to publish the reports, which can be viewed or downloaded by clicking on the links below.
| March 2009 | January 2010 |
| April 2009 | February 2010 |
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