Enabling investment and innovation
Open ConsultationsEnergy Competition Task Force
Investigating actions to strengthen the performance of the electricity market in the short- to medium-term, for the benefit of all consumers.
Open consultations
Entrant generators – context, headwinds and options for power purchase agreements
Submissions due by 28 February 2025
View consultationOur consultations
We are seeking feedback on two consultation papers for Task Force Package Two - one paper for Initiative 2A, and a combined paper for 2B and 2C. These papers seek feedback on proposed rule changes that would better enable consumers to manage their electricity use and costs and to harness the power of rooftop solar and batteries. We are consulting on:
- ‘Requiring distributors to pay a rebate when consumers supply electricity at peak times’ (Initiative 2A)
- ‘Improving pricing plan options for consumers: time-varying retail pricing for electricity consumption and supply’ (initiatives 2B and 2C)
Submissions are due by 26 March 2025.
We are also seeking feedback on our working paper ‘Entrant generators – context, headwinds and options for power purchase agreements’. This paper examines what the Authority could do to improve power purchase agreements (PPAs) settings.
Overview
The Electricity Authority and Commerce Commission have jointly established the Energy Competition Task Force to investigate ways to improve the performance of the electricity market.
The Task Force was established in response to the fuel shortage and period of sustained high wholesale prices in August 2024, in addition to the immediate steps we, and others, took to manage security of supply and bring prices down.
The Task Force’s work programme focuses on two overarching outcomes:
- enabling new generators and independent retailers to enter, and better compete in the market
- providing more options for consumers.
These outcomes will encourage more and faster investment in new electricity generation, boost competition, enable homes, businesses and industrials to better manage their own electricity use and costs, and put downward pressure on prices.
The Task Force is considering both new initiatives and some that are already underway but can be accelerated so New Zealanders can benefit from a better performing electricity system sooner.
Representatives from the Ministry of Business, Innovation and Employment will participate on the Task Force as observers.
The Task Force’s recommendations will go to the Authority Board for final decisions. Any options that change market settings or regulations will follow the normal consultation processes.
The Task Force expects its work programme will flex as evidence emerges on the potential impacts of different options, including through engagement. The eight options described below may be modified or augmented with other measures as the work progresses to ensure the best outcomes for consumers.
Work programme
Package One – Enable new generators and independent retailers to enter, and better compete in the market
This will encourage more and faster investment in new generation, which puts more energy into the system, strengthens resilience against future shortages and puts downward pressure on prices.
1A Consider requiring gentailers to offer firming for Power Purchase Agreements
This option supports the development of new intermittent generation, such as wind and solar. Access to firming (from flexible generation that can run at any time, such as hydro or gas peakers) enables developers to enter into power purchase agreements (PPAs) with large users and retailers that match their supply of electricity to their customers’ demand profile, and manage the risks of variable generation volume (eg, when the wind does not blow or the sun does not shine). The Authority will consider requiring gentailers to offer a minimum volume of flexible electricity in the form of long-duration contracts that could be used to firm new generators’ PPAs. A deeper and more active market for PPAs will enable more generation investment.
1B Introduce standardised flexibility products
The Authority has facilitated the development of standardised flexibility products through an industry co-design group. The Group recommended a super peak product which will provide buyers with protection against high prices in morning and evening peaks. See the product specification sheet for details.
Aotearoa Energy is facilitating voluntary trading in the products by running fortnightly trading events. The Authority is actively monitoring trading and is supporting the initiative by publishing a subset of anonymised data on our EMI platform.
Standardised flexibility products will help all wholesale electricity buyers and sellers to manage their price risk while increased transparency of trading volumes and pricing will reduce transaction costs and assist purchasers in managing price risk and support investment in flexibility services.
These are important for retailers, industrial consumers, and generators, and are expected to become more important as the proportion of intermittent generation, such as wind and solar, increases.
With support from participants the expectation is that more efficient competition will benefit consumers by putting downwards pressure on prices.
1C Prepare for virtual disaggregation of the flexible generation base
This option would design rules to require gentailers to offer a minimum volume of their flexible generation base to buyers in the form of risk management contracts. This option will be considered as a backstop if previous measures aimed at increasing the supply of firming contracts in the market don’t produce the intended uplift in competition. This is consistent with the Market Development Advisory Group’s recommendation 13. Although this is a backstop measure, designing the rules now will advance the work so it can be implemented quickly if needed.
1D Investigate level playing field measures such as non-discrimination rules as a regulatory backstop
The Task Force will investigate the pros and cons of various measures to ensure a level playing field between gentailers and independent retailers. It will help us understand what measures would be appropriate, the risks and possible triggers, and inform the development of a stronger regulatory response if other measures in this Task Force work package aren’t creating the change needed. Possible measures that will be investigated include non-discrimination rules, which would require generators to treat the retail arm of their operations the same as they treat other retailers.
Thanks to early input from stakeholders who have provided the following feedback to help ensure our level playing field measures work is comprehensive.
Package Two – Provide more options for consumers. Initiatives 2A, 2B and 2C, as described below, have been updated to reflect proposals in the February 2025 consultation papers. Package Two initiatives being considered are:
2A Requiring distributors to pay a rebate when consumers supply electricity at peak times
We propose requiring distributors to pay a rebate when consumers supply energy to the system when certain parts of their network are congested. Under this proposal, any rebate would be taken off distributors’ charges to retailers. Our proposals under Initiative 2C would complete the process by ensuring the rebates are shared with consumers through retailers’ buy-back pricing plans. We expect this would lead to lower costs for all consumers over the long term as less flexible generation and network investment would be required. This initiative aims to avoid the need for distributors to build more infrastructure to cope with higher demand peaks, meaning lower overall costs, and lower prices for consumers in the long run. This initiative would also further incentivise investment in home solar and battery systems.
2B Requiring more retailers to offer time-of-use pricing
Time-of-use plans encourage consumers to shift their electricity use away from peak periods. We propose requiring all retailers above a certain size to offer these plans. When households and businesses intentionally shift their energy use to reduce demand at peak times, those consumers benefit through off-peak pricing and the electricity system benefits through reduced peak demand. This behaviour change also benefits all New Zealanders over time, as reduced demand on the system lowers the prices we all pay through our power bills.
2C Requiring large retailers to better reward consumers for supplying power
We propose requiring all retailers above a certain size to offer variable buy-back rates to reflect the higher value of electricity supplied by consumers at peak times. This will fairly reward those consumers who have rooftop solar and batteries and will incentivise other consumers to make that investment.
Electricity retailers already pay consumers for energy they supply into the electricity network, for example from rooftop solar systems. However, most retailers' buy-back rates do not reflect the changing value of electricity throughout the day. Only a small number of retailers currently offer variable buy-back rates.
2D Reward industrial consumers for providing short-term demand flexibility
One of the ways to help manage our electricity supply is to lower demand at peak times. Industrial plants that use a lot of electricity can make a meaningful contribution to this by using less electricity when it’s scarce and expensive. The Task Force is considering measures that would enable industrials to be appropriately rewarded for the benefit their flexible electricity use brings to the system, freeing up more supply and reducing the need for more expensive electricity generation to manage peaks. This could also provide industrials with an additional revenue stream.
Timeline
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12 February 2025
Consultation —Package Two initiatives 2A, 2B and 2C
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17 January - 28 February 2025
Consultation —Entrant generators – context, headwinds and options for power purchase agreementsView consultation -
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12 December 2024
News — -
9 December 2024
Package One D —Early stakeholder input published on level playing field work - see 1D above
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FAQs
General questions
How can I have my say on these proposals?
You can contribute to the Task Force programme by:
- attending events advertised on this page (See timeline)
- providing feedback via the consultation process for each proposal. Consultation timeframes can be found in the work programme above. We provide links to new consultation papers at the top of this page and promote them via our Market Brief newsletter and our LinkedIn page
- contacting us directly at taskforce@ea.govt.nz if you have something you would like to discuss.
Who makes the final decisions on Task Force initiatives?
The Task Force comprises representatives from the Electricity Authority and Commerce Commission, with staff from the Ministry of Business, Innovation and Employment as observers.
The Task Force will make recommendations to the Boards of the Commission and the Authority, as appropriate, for final decisions.
The Authority Board makes all decisions requiring Code changes, because the Authority is the only agency with the power to change or add to the Code.
Should industry start preparing for the proposed changes now?
We are not suggesting industry make changes until decisions have been made. However, we do encourage market participants to consider what the proposals might mean for them and to share their feedback with the Task Force.
Where we are consulting, you can provide this information via the consultation process, alternatively you’re welcome to email us at taskforce@ea.govt.nz.
Could the initiatives in Package One resolve some competition issues and make the Package Two initiatives unnecessary?
The two Packages are complementary - we see independent value in exploring initiatives under both Packages
How is the Minister for Energy involved?
We are keeping the Minister for Energy and Associate Minister for Energy informed of our work as it progresses.
Package One
Will you consider broadening the scope for 1C from what was recommended by the Market Development Advisory Group?
Initiative 1C builds on an MDAG recommendation to design a targeted measure to address the concentration of control in the supply of flexibility products. We have drawn from MDAG’s model to develop 1C with some adjustments to reflect feedback from stakeholders, including the Electricity Authority’s Advisory Group.
What are the implementation triggers for the backstop measures in initiatives 1C and 1D?
We recognise the importance of having well defined triggers that are clearly linked to the problem the backstop measures are seeking to address. We are still developing proposed options for trigger tests.
The trigger test for 1C could consider open interest (the volume of active contracts that have been traded but not yet closed) alongside other indicators such as price, liquidity, number and type of active participants and ability to influence price.
For 1D, we expect the recent findings of the ‘Internal Transfer Price and Retail Gross Margin post implementation review’ and the current Risk Management Review consultation will provide important context when considering triggers for level playing field measures.
Package Two
How would rebates from distributors get passed on to consumers who inject energy at peak times?
Under our Initiative 2A proposal, any rebate would be taken off distributors’ charges to retailers. Our proposals under Initiative 2C would complete the process by ensuring the rebates are shared with consumers through retailers’ buy-back pricing plans.
Would distributors’ rebates reflect actual constraints on the network – either current constraints or those forecasted – or set at a more general level?
We are currently considering three options for how distributors' rebates should be determined, if this proposal goes ahead. Under two of the options, rebates would only apply to areas on the network that are congested. In the third option, the rebate is linked to the distributor’s rate for consumption and not toon whether there is congestion on the network.
We are seeking feedback on these options in a consultation paper currently out for feedback. Submissions close at 5pm on 26 March.
Is the Task Force considering two-way pricing for distributors paying a rebate for consumers injecting at peak time?
Yes. A cost-reflective distribution injection tariff is one of the options being explored in the current Initiative 2A consultation paper. Submissions close at 5pm on 26 March.
Why are you suggesting rebates for households who can afford solar panels when there are households struggling to pay their power bills?
The Commerce Commission and the Electricity Authority are very aware of the cost pressures some households are facing. Both regulators recognise they have a role to play in an all-of-government approach to reducing energy hardship. Our respective work programmes aim to support smart investment that is efficient and reduces costs to consumers over time.
Where those with solar panels provide a service that benefits the energy system when needed at a particular time - and in doing so save money for consumers as a whole – we think it right they are rewarded. Those providing this service could in future, be communities or schools as well as particular households.
In addition, the Authority has specific work programmes underway to encourage more retail competition, such as improving comparison and switching services, to put downward pressure on prices. The Authority’s Consumer Care Obligations will begin to come into effect from 1 January 2025, mandating key protections for consumers in New Zealand.
In addition to lowering costs for all consumers, more rooftop solar and batteries can improve the security of the national electricity supply as it can create a bigger buffer in the system for use when demand is high, and supply is tight.
Why is the Task Force considering mandating time-of-use pricing when many retailers are already offering those types of plans?
In October last year, the Authority undertook a survey of retailers to understand the extent of time-of-use pricing plans being offered. The results showed that some of the largest retailers do not currently offer time-of-use pricing plans or only offer them to select customers.
Our view is that time-of-use pricing plans are a simple, yet effective way to provide consumers with more ability to manage their own electricity use and costs and should be more widely available.
What type of rewards are being considered for incentivising more industrial demand response?
The Task Force has not yet determined what specific incentives to implement. However, we are open to what could work best in the New Zealand context, if needed, and welcome ideas from affected parties.
Why is a consultation for 2D only ‘if required’?
The Task Force is taking a broad approach to reviewing how industrial flexibility is offered into the market, and any potential solutions that are progressed. This includes a broad range of potential measures, some of which may be non-regulatory and may not require a formal consultation process.
We have indicated the likely timeframes of a consultation, without yet knowing if it’s needed, so interested parties are aware of this possibility. Even if formal consultation is not required, we will be having ongoing discussions with stakeholders throughout this process.
Will the scope of 2D include a review into why some existing incentives currently have no load customers participating?
We are examining industrial demand response to determine whether our market settings need to change. A key part of this work is understanding what’s preventing wider uptake of existing incentives.
This Task Force initiative is being progressed in tandem with the Authority’s existing work to address some operational barriers to industrial demand response.
Addressing these barriers will make it easier for a broader range of consumers to participate in demand response. We recognise this will not address concerns from some consumers (particularly industrials) that avoiding high spot prices is an insufficient incentive to participate in these schemes. This issue is being looked at as part of initiative 2D.
Project background
New Zealand experienced a fuel shortage in August 2024 due to unexpected lower gas reserves, low hydro storage and rainfall, and low wind. The shortage led to very high wholesale prices, which affected those industrial business whose electricity costs were tied to the wholesale spot price.
Regulators, the Government and industry took action to manage security of supply and help bring wholesale prices down. Households were generally not affected by the price spike as they pay retail prices set by their electricity retailer.
The interventions and increased hydro storage caused wholesale prices to drop significantly by the end of the month. Although the event was rare, it highlighted the need to improve the electricity market’s performance and better bolster security of supply.
The Authority is now working with the Commerce Commission to investigate ways to adjust regulatory settings to strengthen the electricity market.
The Energy Competition Task Force, co-led by the Authority’s Chair Anna Kominik and the Commission’s Chair Dr John Small, brings together a number of sector and regulatory experts from both regulators. Representatives from the Ministry of Business, Innovation and Employment attend as observers.
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