Transpower New Zealand Limited Compliance under the Administrative Settlement

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Transpower was regulated under an administrative settlement between 1 July 2008 and 31 March 2011.

The Commerce Act (Transpower Thresholds) Notice 2008 set price and quality thresholds, and information requirements that applied to Transpower during the administrative settlement (1 July 2008 to 31 March 2011). Our role was to assess and enforce compliance against those thresholds and information requirements.  

This page summarises Transpower's performance against the thresholds and information requirements as specified by the notice. More information about the administrative settlement can be found under Transpower - Administrative Settlement.


Performance during the settlement

Each year of the settlement Transpower publically disclosed compliance statements that confirmed Transpower's compliance, or otherwise, with the requirements of the notice. Copies of the compliance statements are published on Transpower's website and can also be found below.

During the settlement Transpower demonstrated compliance with the transmission thresholds and information requirements, but not with the reliability measures of the quality threshold as specified by the notice.

Transmission (revenue requirement) and Transmission (non-Part F capex) thresholds

The following table summarises Transpower's performance against the Transmission (revenue requirement) and Transmission (non-Part F capex) thresholds.

 

Clause

Threshold

Transpower's self assessment

Year ended 31 March 2008

 

 

 

Transmission (revenue requirement)

5

 

 

AC year end revenue requirement

(a)

497,768

460,685

Less: customer ex post economic gain/(loss)

 

 

(37,083)

HVDC year end revenue requirement

(b)

89,457

92,853

Less: customer ex post economic gain/(loss)

 

 

3,396

Actual Operating Revenue Received

 

587,225

553,538

Less: Ex post Economic gain /(loss) to consumers

 

Note: The ex post economic gain/(loss) is the difference between the maximum allowable revenue and actual revenue received from customers (under recovery is shown as a negative and an over recovery is shown as a positive).

 

 

(33,687)

Year end revenue requirement

 

 

587,225

 

 

 

 

Non-Part F capex

6(1)

120.7

81.2

 

 

 

 

Year ended 31 March 2009

 

 

 

Transmission (revenue requirement)

5

 

 

AC year end revenue requirement

(a)

508,335

511,317

Less: customer ex post economic gain/(loss)

 

 

2,982

HVDC year end revenue requirement

(b)

86,969

82,887

Less: customer ex post economic gain/(loss)

 

 

(4,082)

Actual Operating Revenue Received

 

595,304

594,204

Less: Ex post Economic gain /(loss) to consumers

 

 

(1,100)

Year end revenue requirement

 

 

595,304

 

 

 

 

Non-Part F capex

6(1)

202.8

109.1

 

 

 

 

Year ended 31 March 2010

 

 

 

Transmission (revenue requirement)

 

 

 

AC year end revenue requirement

 

541,021

551,633

Less: customer ex post economic gain/(loss)

 

 

10,612

HVDC year end revenue requirement

 

79,979

81,605

Less: customer ex post economic gain/(loss)

 

 

1,626

Actual Operating Revenue Received

 

621,000

633,238

Less: Ex post Economic gain /(loss) to consumers

 

 

12,238

Year end revenue requirement

 

 

621,000

 

 

 

 

Non-Part F capex

6(1)

189.6

186.5

 

 

 

 

Year ended 31 March 2011

 

 

 

Transmission (revenue requirement)

 

 

 

AC year end revenue requirement

 

602,948

547,494

Less: customer ex post economic gain/(loss)

 

 

(55,452)

HVDC year end revenue requirement

 

73,826

84,840

Less: customer ex post economic gain/(loss)

 

 

11,012

Actual Operating Revenue Received

 

676,774

632,334

Less: Ex post Economic gain /(loss) to consumers

 

 

(44,440)

Year end revenue requirement

 

 

676,774

 

 

 

 

Non-Part F capex

6(1)

225.6

221.7

 

 

 

 

Quality threshold

The quality threshold that applied to Transpower under the administrative settlement consisted of the following three measures:

                      (i)                                               Number of unplanned interruptions

                      (ii)                                             Total interruptions (calculated in system minutes)

                      (iii)                                           Customer communication

Transpower complied with the customer communication measure during the administrative settlement. More details about Transpower's customer communication strategies throughout the settlement period can be found in the company's threshold compliance statements available on Transpower's website and also below.

Transpower breached the threshold for the number of unplanned interruptions for three out of four years during the settlement (Transpower complied during 2010/11), and breached the total number of interruption each year of the administrative settlement.

The following table summarises Transpower's performance against the number of unplanned outages and total interruptions measures.

Quality Threshold

Threshold

Transpower's self assessment

Performance

Total number of unplanned interruptions

for the year ending 31 March

 

 

 

2008

92.4

115.0

+22.6

2009

92.4

112.0

+19.6

2010

92.4

106.0

+13.6

2011

92.4

89.0

compliant

Total interruptions (calculated in system minutes)

For the year ending 31 March

 

 

 

2008

8.3

28.0

+20.3

2009

8.3

18.1

+9.8

2010

8.3

23.5

+15.2

2011

8.3

15.2

+6.9

Graphs showing Transpower's historical performance and performance during the settlement are available under Supporting Documents.

Decision not to take any further regulatory action

The Commission have discussed Transpower's poor reliability performance with the Chief Executive, Patrick Strange and his senior staff on a number of occasions. And Transpower has committed to 'turning around' its performance during the first regulatory control period of the individual price-quality path, 1  April 2011 to 31March 2015.

In February 2011, Transpower forecast expenditure of $717.5 million of operating and capital expenditure for its individual price-quality path. Forecast increases in capital expenditure are driven largely by increases in grid replacement and refurbishment expenditure. Transpower claims that the increased expenditure is required to target improvement in its reliability performance.

We engaged Geoff Brown & Associates Ltd (GBA) to review Transpower's forecast operating and minor capital expenditure. GBA concluded that Transpower had correctly forecast the expenditure required to address the company's poor reliability performance. More information about the setting of operating and capital expenditure under the individual price-quality path can be found under Opex Capex Review (2012/13-2014/15). The Commission took account of Transpowers commitment to improving reliability when we set the quality standards for the individual price-quality path. We chose not to implement a reliability performance incentive mechanism until the second regulatory control period.

We considered that imposing financial penalties during a time when significant investment is required would be counter-productive. We also accepted that even under the best working practices some increases in the level of outages is very difficult to avoid when extensive maintenance and upgrade work on the grid is being undertaken.

Accordingly, we determined not to take any further regulatory action in respect of the breaches of the quality threshold during the administrative settlement.


Individual price-quality regulation

With our assessment of the 2011 threshold compliance statement completed the administrative settlement has now expired. Since 1 April 2011 Transpower has been subject to an individual price-quality path under Part 4 of the Commerce Act. More information about price-quality regulation, as it applies to Transpower post the administrative settlement, can be found Price-Quality Regulation that Applies to Transpower.