TL: QUESTIONS AND ANSWERS ON THE CONTACT-GREENPEACE AGREEMENT SO: GREENPEACE NZ, (GP) DT: JULY, 1997 1. WHAT IS THE AGREEMENT ABOUT? The agreement is about mitigating the adverse effects of 1 million tonnes of the major greenhouse gas, CO2, which will be emitted annually from the proposed Otahuhu B power station. This is a gas-fuelled combined cycle 400 MW power station which will be commissioned in 1998. Contact argued that because the new power station was more efficient at turning gas into electricity than other existing power stations that it would displace other, less efficient -- and more CO2 producing -- plant. Greenpeace argued that the displacement effect claimed could not be guaranteed unless it was underwritten with formal agreements, and that increasing capacity in the electricity sector would ultimately result overall in more CO2 being produced in spite of displacement of some old plant. 2. HOW DID THE AGREEMENT COME ABOUT? Negotiations were initiated by Contact after Greenpeace lodged an appeal to the Environment Court against the granting of an air discharge consent to the proposed Otahuhu B power station by the Auckland Regional Council. The agreement came about through a formal process of negotiation with an independent mediator between Greenpeace and Contact Energy. 3. WHY WASN'T THE DECISION LEFT TO THE ENVIRONMENT COURT? The Court has little flexibility to make a judgement on mitigating CO2 under the Resource Management Act. Because the Minister for the Environment has not used the RMA mechanism of a National Policy Statement to give national guidance to either the Court or Regional Councils, there is no clear legal precedent for mitigating an air discharge beyond the region in which the power station is operating. The agreement between the two parties effectively permitted a national approach to be taken and has set a national precedent for dealing with CO2. 4. WHAT ARE THE MAIN PROVISIONS OF THE AGREEMENT? While the completed agreement is confidential between the two parties, the main features of the agreement are: * Contact has agreed to commit to Greenpeace's goal of reducing CO2 emissions to the greatest extent possible and to develop and implement renewable energy sources; * Contact has agreed to commitments that will result in a reduction in net CO2 emissions over the first ten years of Otahuhu's operation, and for full mitigation measures to c continue through the lifetime of the plant; * Specifically, Contact has agreed to mothball some older less efficient turbines at its New Plymouth power station immediately and later on, and to underwrite further displacement from the wider electricity sector by guaranteeing further mothballing if the displacement is not achieved.