Undertakings

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Section 72 of the Commerce Act 1986 provides that the Commission may, instead of making an Authorisation in respect of controlled goods or services, obtain or accept a written undertaking from the supplier of those goods or services.

The Commission received an offer of undertaking from Vector Limited on 21 April 2008 and from Powerco Limited on 23 April 2008 in respect of their controlled gas distribution services. The offers of undertaking are set out below.

Commission's Preliminary View and Submissions

The Commission formed a preliminary view to not accept the offers of undertaking from either Vector Limited or Powerco Limited on 5 September 2008. Written submissions on the Commission's preliminary view were invited from interested parties by 18 September 2008. The Commission's preliminary view is set out below, together with submissions received and the Commission's letters to Vector and Powerco of 25 September 2008.

Offers of Undertaking Not Accepted

The offers of undertaking received from Vector and Powerco have not been accepted by the Commission. The reasons for not accepting either of the offers of undertaking are set out in the memorandum of 30 October 2008 below.

Documents

Correspondence

(8 documents)

To Powerco - Extension of due date fo Powerco's Cross Submissions - 5 March 2008 PDF (42 KB)
Powerco - Chapman Tripp - Due Date for Powerco Cross Submission - 29 February 2008 PDF (88 KB)
To Powerco - Undertakings Letter - 29 February 2008 PDF (108 KB)
Thank you for your telephone enquiry on 22 February regarding the requirements for a possible undertaking to be offered up by Powerco under section 72 of the Act.
Powerco - Opex and Capex Information - 11 January 2008 PDF (831 KB)
To Powerco - Opex and Capex Information - 25 January 2008 PDF (85 KB)
To Powerco - Powerco Submission - Supplementary Information - 24 December 2007 PDF (176 KB)
Thank you for your letter of 13 December 2007. The Commission would like to respond to the issues raised in your letter, clarify some aspects of Powerco's submission, and set out the process going forward as the Commission moves towards making its final decisions for the Authorisation.
To Vector - Outline of an Offer of Undertaking - Vector's Auckland Gas Business - 3 October 2007 PDF (129 KB)
Thank you for your letter of 14 September 2007 providing an initial indication of an offer of an undertaking under section 72 of the Commerce Act 1986 (the Act), in respect of Vector's controlled gas pipeline business in Auckland (the Offer). Thank you also for your subsequent letter of 26 September 2007, in which you confirm that Vector does not seek protection under the section 100 order of 16 November 2006 (the Order) for any of the information contained in the Offer.
Vector - Offer of Undertaking - Auckland Gas Pipelines Business - 14 September 2007 PDF (515 KB)

Undertakings

(12 documents)

Powerco - Powerco Undertaking - 23 April 2008 PDF (302 KB)
Vector - Offer of Undertaking - Auckland Gas Pipelines Business - 21 April 2008 PDF (252 KB)
Authorisation for the Control of Supply of Natural Gas Distribution Services by Vector Ltd and Powerco Ltd - Invitation for Submissions on Preliminary View to Not Accept Offers of Undertaking - 5 September 2008 PDF (40 KB)
The purpose of this memorandum is to invite submissions from interested parties on the Commission's preliminary view that the offers of undertaking received from Vector Ltd (Vector) on 21 April 2008 and from Powerco Ltd (Powerco) on 23 April 2008 should not be accepted instead of making an authorisation in respect of their controlled gas distribution services (Authorisation).
Offers of Undertaking - Vector and Powerco Price Path Comparison to CPI-0 Scenario - 5 September 2008 Microsoft Excel Spreadsheet (32 KB)
Vector - Submission on Preliminary Decision not to accept Vector's Undertaking Offer - 18 September 2008 PDF (127 KB)
Powerco - Submission on Intention to Declare Control of Unison - 21 October 2005 PDF (107 KB)
Orion - Submission on Preliminary View to Not Accept Offers of Undertaking - 18 September 2008 PDF (64 KB)
Mighty River Power - Preliminary view to Not Accpet Vector and Powerco's GPB Offers of Undertaking - 18 September 2008 PDF (64 KB)
Nova Gas - Submission regarding Commission's Preliminary View to Not Accept Offers of Undertaking from Powerco and Vector - 19 September 2008 PDF (50 KB)
To Powerco - Submission on Commission's Preliminary View to Not Accept Offer of Undertaking - 25 September 2008 PDF (75 KB)
Thank you for your submission of 18 September 2008 on the Commission's preliminary view to not accept the offer of undertaking (Offer) from Powerco Limited (Powerco) in respect of Powerco's controlled gas distribution services.
To Vector - Submission on Commission's Preliminary View to Not Accept Offer of Undertaking - 25 September 2008 PDF (48 KB)
Thank you for your submission of 18 September 2008 on the Commission's preliminary view to not accept the offer of undertaking (Offer) from Vector Limited (Vector) in respect of Vector's controlled gas distribution services.
Authorisation for the Control of Supply of Natural Gas Distribution Services by Vector Ltd and Powerco Ltd - Commission's Reasons for Not Accepting Offers of Undertaking from Vector Ltd and Powerco Ltd - 30 October 2008 PDF (46 KB)
This memorandum sets out the Commission's reasons for not accepting the offers of undertaking (Offers) received from Vector Ltd (Vector) and Powerco Ltd (Powerco) in relation to their controlled natural gas distribution services.