2. Introduction
1. This discussion paper sets out the Ministry's proposals for amending the Gas (Information Disclosure) Regulations 1997. The proposals in this discussion paper take into account preliminary submissions made to the Ministry in response to our August 1998 discussion paper.
2. The Regulations are a key component of the Government's approach to regulation in the gas industry. They are designed to reveal any abuses of market dominance by gas companies, and to promote competition where possible. In this way, the Regulations support access to remedies available under the Commerce Act 1986.
3. It should be noted that the Government has not yet considered the implementation of these proposals. Approval by Ministers would be required prior to making any amendments to the Regulations. An approach will be made to Cabinet for approval once submissions on this discussion paper have been reviewed.
2.1 Comments Sought on this Discussion Paper
4. We would appreciate any comments by Monday 29 November 1999 on the proposals in this discussion paper. Comments should be sent to:
| | Tony Fenwick
Manager
Energy Markets Policy Group
Ministry of Commerce
PO Box 1473
WELLINGTON |
| | Fax 04-473 7010 |
| | Or by e-mail to: energy.markets@moc.govt.nz |
| | (Please ensure that e-mailed submissions clearly identify the organisation making the submission.) |
5. Respondents should note that written comments provided to the Ministry in response to this discussion paper will be among the information we hold which is subject to public release under the Official Information Act 1982. If the Ministry receives a request for this material we will be required to consider its release, in whole or in part, in terms of the criteria set out in the Act. The Act requires us to make the information available unless: (i) we consider that there is good reason, pursuant to the Act, to withhold the information; and (ii) that good reason outweighs the desirability, in the public interest, of making the information available. The grounds for withholding information are set out in the Official Information Act.
6. In providing your comments, please advise the Ministry if you have any objections to the release of any material and, if you do object, the specific material that you would wish withheld, and the grounds for withholding. The Ministry will carefully review any representations that you make in this regard in considering any requests that might be received for release of this material. You should note, however, that the decision on release rests with the Ministry. Any decision to withhold information is subject to appeal to the Ombudsman.
2.2 Supporting Documentation to Be Prepared
7. As part of the implementation of the proposals in this discussion paper, the Ministry would need to prepare:
- a Gas Information Disclosure Handbook, containing:
- the business accounting separation and allocation methodology (ACAM);
- a set of requirements for disclosures of transfer payments; and
- a framework for disclosure of Asset Management Plans;
- a derivation table (in Excel format) of adjustments to disclosed financial statements for the purpose of calculating financial performance measures;
- a Handbook containing the mandatory ODV methodology for system fixed assets of gas pipeline businesses; and
- standard formats for Internet and Gazette disclosures.
8. The Ministry would consult with the gas industry and other interested parties as these were developed.
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