Pursuant to Part 4 of the Commerce Act 1986, the Commerce Commission makes the following "amendment determination":
1. Title
This amendment determination is the Electricity Distribution Services Default Price-Quality Path Amendment Determination 2012.
In this amendment determination, the Electricity Distribution Default Price-Quality Path Determination 2010 is called the "principal determination".
2. Commencement Date
This amendment determination comes into force on 1 April 2013.
3. Amendment to clause 3
The principal determination is amended by omitting clause 3.2, and substituting the following:
3.2 This determination applies to Orion New Zealand Limited for the Regulatory Period.
The principal determination is amended by inserting the following in clause 3:
3.3 This determination applies to all Non-Exempt EDBs except Orion New Zealand Limited for the First, Second and Third Assessment Periods.
4. Further information
Copies of the Electricity Distribution Services Default Price-Quality Path Determination 2012 NZCC 35, Electricity Distribution Services Default Price-Quality Path Determination Amendment No. 4 NZCC 36, and reasons paper are available on the Commission's website at
http://www.comcom.govt.nz/2010-2015-default-price-quality-path/
30 November 2012
COMMERCE COMMISSION
Explanatory Note
The Electricity Distribution Default Price-Quality Path Determination 2010 Decision 685 ("the 2010 Determination") sets out the default price-quality path that applies from 1 April 2010 to 31 March 2015 to all electricity distribution businesses except those that are "consumer-owned" as defined in section 54D of the Commerce Act 1986 ("Act"). Electricity distribution businesses meeting the requirements of section 54D are exempt from default/customised price-quality regulation under section 54G(2) of the Act.
On 30 November 2012, the Commission reset the default price-quality path for all non-exempt electricity distribution businesses except Orion New Zealand Limited. The reset is contained in Electricity Distribution Services Default Price-Quality Path Determination 2012 NZCC 35 and was made pursuant to section 54K(3) of the Act.
Orion New Zealand Limited remains subject to the default price-quality path contained in the 2010 Determination. All electricity distribution businesses, except those that are "consumer-owned", must comply with the 2010 Determination for the assessment period ending 31 March 2013 and for the earlier assessment periods.