Notice of Exemption Top Energy Limited The Commerce Commission, pursuant to section 81 (5), varies its previous exemption, contained in decision 349 and published in the New Zealand Gazette on 1 April 1999, of Top Energy Limited from the application of section 38 (1) (c) and section 39 of the Electricity Industry Reform Act 1998. The exemption is now subject to the following terms and conditions: (a) Definition: 1 ``Mirror Trust Establishment Day'' means, subject to clause (d), the earlier of 12 months after the date of publication of this notice of exemption in the New Zealand Gazette or 90 days after the final determination of any appeal or judicial review proceedings brought by Top Energy Limited against the Commerce Commission's decision 353; 2 ``Mirror Trust Option'' has the same meaning as sections 37 to 41 of the Electricity Industry Reform Act, save for the substitution of the Mirror Trust Establishment Day for any reference in those sections to 1 April 1999; and (b) That Top Energy Limited shall comply with section 39 of the Electricity Industry Reform Act as if it had not been exempted from that section and as if the Mirror Trust Establishment Day was substituted for any reference in that section to 1 April 1999, and a date 1 year after the Mirror Trust Establishment Day was substituted for any reference in that section to 1 April 2000. (c) That Top Energy Limited shall be in full compliance with section 17 of the Electricity Industry Reform Act from the Mirror Trust Establishment Day. (d) That Top Energy Limited files the notice of appeal or application for judicial review within 20 working days after the date of the publication of this notice of exemption in the New Zealand Gazette. If Top Energy Limited does not file a notice of appeal or application for judicial review within 20 working days after the date of publication of this notice of exemption in the New Zealand Gazette the Mirror Trust Establishment Day means the 90th day after the expiry of the 20 working day period. The exemption takes effect from the date of publication of this notice in the New Zealand Gazette. The commission may vary or revoke this exemption at any time in accordance with section 81 (5) of the Electricity Industry Reform Act.