7.1 Confidentiality
WGL will honour and protect the confidentiality of information made available
to it by any party seeking access to its Distribution System.
Such information;
7.1.1 will not be released to any other party,
including its own retailing business, without the consent of the party
providing the information, and
7.1.2 will only be used for the purpose for
which it was provided.
Subject to instances where WGL is required to disclose such information:.
7.1.3 by law, and
7.1.4 by order of a court, and
7.1.5 to resolve a dispute as specified in Section
7.3 and Appendix F of this Information Memorandum.
A copy of WGL’s Confidentiality Policy is included in Appendix
E.
7.2 Ring Fencing
WGL is committed to providing neutral and Non-Discriminatory access to
its Distribution System and will;
7.2.1 provide all services to any party on the
same terms as it would its own retailing business, and
7.2.2 ensure that the same information relating
to Distribution services is made available to all parties, including its
own retailing business, on request, and
7.2.3 establish policies and procedures to ensure
that the intent of Clauses 7.2.1 and 7.2.2 are not compromised where the
separation of functions within the company are not practical or economical.
In order to achieve this objective, WGL has;
7.2.4 Relocated its entire Distribution Section
to a building separate from the Corporate, Administration and Retail Sections.
7.2.5 Installed a new telephone system with
Direct Dial numbers to key Distribution personnel and a dedicated facsimile
in the Distribution Section.
7.2.6 Installed a new computer network server
with the appropriate system and file security which prevents access to
distribution information by retail and administration personnel. In addition,
all computers with access to Distribution data have passwords on screen
savers.
7.2.7 Established email addresses which enable
direct communication with the appropriate section of WGL.
7.2.8 Relocated confidential Distribution files
to the Distribution Manager’s Office in a locked file cabinet within
a locked wardrobe.
7.2.9 Restricted key access to the Distribution
Manager’s Office to the Distribution Manager and General Manager.
7.2.10 Separate confidential reporting to the
Board on matters relating to Distribution Access.
7.2.11 Separated metering, billing and financial
information on the main computer system relating to non incumbent retailers.
7.3 Dispute Resolution and Arbitration
WGL promotes the resolution of any dispute through negotiation and subject
to reasonableness of the parties concerned, is confident that it can resolve
most disputes to the satisfaction of the parties. However in the event
that the dispute cannot be resolved, WGL proposes an alternative dispute
resolution process to enable further negotiation, mediation or independent
expert determination. Should this prove unsuccessful, the dispute may
then be referred to arbitration in accordance with the Arbitration Act
1996.
The dispute resolution and arbitration process as set out in Section
7.3 and Appendix F is consistent with the
Access Code.
7.3.1 Dispute Resolution
Where there is a dispute or difference on any of the following matters
it shall be determined by an independent expert.
7.3.1.1 Invoices rendered; and
7.3.1.2 Metering equipment; and
7.3.1.3 Multiple user Delivery Points and Receipt
Points; and
7.3.1.4 Any other matters that the Parties may
agree to in writing.
If any dispute or any difference arises between the Parties concerning
any matter set out above, either Party may give written notice to the
other Party. If such dispute or difference is not resolved by negotiation
between the Parties within a period of 10 Business Days from the date
of notice being given under this Clause, either Party may refer the matter
in dispute to an independent expert nominated in writing by both Parties
jointly (or, in default of agreement within 2 Business Days thereafter
as to the nominee, by the President for the time being of the Institute
of Professional Engineers New Zealand (“IPENZ”)). The determination
in writing of the independent expert or the nominee of the President of
IPENZ on the matter in dispute will be conclusive and binding on the Parties
and will be deemed to have been given as an expert and not an arbitrator.
The costs of the independent expert or the nominee of the President of
IPENZ (as the case may be) will be borne equally by the Parties. For the
avoidance of doubt, the provisions of the Arbitration Act 1996 shall not
apply to such determination.
7.4 Allocation and Reconciliation
Allocation and reconciliation is required by System Users only when there
is more than one System User supplying gas to sites on the same Distribution
System from the same Receipt Point.
In this situation, System Users are required to agree on and nominate
a Reconciliator. Where requested, WGL will agrees to become involved in
the negotiation in an advisory role.
WGL does not presently offer reconciliation services nor are terms and
conditions for this service contained within this Information Memorandum.
However WGL does provide an allocation service which comprises the provision
of metered volumes.
In the event that WGL is requested, and agrees, to provide reconciliation
services, terms and conditions will be introduced into this Information
Memorandum.
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