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Electricity Act 2023
Introduction
PART I: Preliminary Provisions
PART II: National Integrated Electricity Policy and
Strategic Implementation Plan
PART III: Development of A Competitive National Electricity Market
PART IV: Incorporation and Licensing of ISO
PART V: Establishment, Functions and Powers of
The Nigerian Electricity Regulatory Commission
PART VI: LICENSING
PART VII: Generation of Electricity
PART VIII: Establishment of The National Hydroelectric
Power Producing Areas Development Commission
PART IX: Transmission of Electricity
PART X: Distribution and Supply of Electricity
PART XI: Tariffs and Subsidies
PART XII: Acquisition of Land and Access to Land
PART XIII: Consumer Protection and Licensee Performance Standards
PART XIV: Competition and Market Power
PART XV: The Power Consumer Assistance Fund
PART XVI: Rural Electrification Agency
PART XVII: Renewable Energy and Energy Efficiency
PART XVIII: Nigerian Electricity Management Services Agency
PART XIX: National Power Training Institute of Nigeria
PART XX: Offences and Penalties
PART XXI: Miscellaneous and Supplementary Provisions
PART XXII: Final Provisions
First Schedule to Electricity Act 2023
Second to Fifth Schedules to Electricity Act 2023
NESI
NESI
Glossary
Act
Affiliates
Agency
Ancillary Services
Animal Waste
Auditor-General
Authority
Bio-Degradable
Biogas
Biogas Digester
Biomass
Captive Generation
Code of Conduct
Cogeneration
Commission
Companies and Allied Matters Act
Competition
Constitution
Consumer
Control Area
Cross Subsidies
Council
Director-General
Distribution
Distribution License
Distribution Licensee
Distributing Main
Distribution System
Electric Line
Electrical Plant
Electricity
Electricity Supply Code
Electricity System
Electricity Trader
Eligible Customer
Energy Crop
Energy Security
Energy Sources
FEC
Feedstock
Franchisee
Functions
Generating Station
Generation
Generation License
Generating Station
Generator of Electricity
Geothermal Energy
Grid Connection
Grid Interactive Renewable Electricity
Grid
Grid Code
Grid Standards
Hydro
Independent Power Producer
IEDNS and IEDNOS
IBTN and IETNOS
Inspecting Engineer
Inspectorate Service
Institute
ISO
Interim Market
Land
Land Use Act
Landfill Gas
License
Licensed Facility
Licensee
Lifeline Tariff
Line
Local Authority
Managing Director
Medium Term Market
Market Power
Market Rules
Mini Grid
Minister
National Grid
NBET Plc
NEMSA
N-HYPPADEC
Non-Depleting Resources
Ocean Energy
Off Grid Renewable Power System
Open Access
Other Agencies
Overhead Lines
Person
Power Consumer Assistance. Fund
Power Purchase Agreement
Power Station
Power System
Pre-Transitional Market
Production-Based Subsidy
Public Utility
REF
Regulations
Relative
Relevant Government Authorities
and Other Stakeholders
Renewable Energy Certificates
Renewable Energy Companies
Renewable Energy Product
Renewable Energy Resources
Renewable Energy Sources
Renewable Energy System
REREF
RESIP
Repealed Act
Rules
Sewage Gas
Solid Waste
Schedules
TCN
Security
Service-Line
Six Geo-Political Zones
Stamp Duties Act
State Electricity Board
Street
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Successor Companies
Supply
Supply License
System Operation
System Operation License
Tariff
Technical Support Services
Trading
Trading License
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Transmit
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Transmission Lines
Transitional Electricity Market
TSP
Wheeling
Works
Tutorials
Introduction to Power System Protection
Link 2
Link 3
Downloads
Nigeria Electricity Act 2023
Repealed Electric Power Sector Reform Act 2005
Grid Code Version 3
Distribution Code
Market Rules Version 2014
Metering Code
Health and Safety Code
FAQs
FAQs
How To
Link 1
Link 2
Link 3
Blog
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Link 2
Link 3
Customer-Meters
Link 1
Link 2
Link 3
You and Nigeria Electricity
Expert explains
You and Nigeria Electricity
Expert explains
Codes
Grid Code
Grid Code Glossary
Distribution Code
Metering Code
Nigerian Electricity Health and Safety Code
Market Rules
IPPs
IPP-Intro
Renewable Energy
Renewable Energy-Intro
PART XVI CONTINUED
Rural Electrification Agency (REA) Headquarters and Divisions
Headquarters and Zonal Offices
Headquarters Location:
Based in the Federal Capital Territory.
Zonal Operational Offices:
Can be set up in the six geopolitical zones or in States as approved by the Board.
Divisions at Headquarters
Rural Electrification Fund Division:
Headed by an Executive Director.
Includes the Fund Management Directorate under direct supervision.
Engineering and Technical Services Division:
Headed by an Executive Director.
Includes the Projects Support Directorate under direct supervision.
Corporate Services Division:
Headed by an Executive Director.
Includes:
Planning, Research, and Promotion Directorate
Finance and Administration Directorate
Qualifications and Responsibilities of Executive Directors
General Qualifications:
Academic and professional qualifications in relevant fields such as power, engineering, law, accounting, corporate communication, project management, public administration.
Relevant experience and competence.
Executive Director, Rural Electrification and Renewable Energy Fund Division:
Oversee the Rural Electrification Fund Management Directorate.
Implement Agency policies related to the Rural Electrification Fund.
Supervise Directorate work and report to the Managing Director or the Board.
Coordinate expenditure estimates and development plans.
Executive Director, Engineering and Technical Services Division:
Head the Engineering and Technical Services Division.
Oversee the Projects Support Directorate.
Implement Agency policies related to rural electrification, renewable energy, and energy efficiency.
Supervise Directorate work and report to the Managing Director or the Board.
Ensure expenditure estimates align with Agency objectives.
Executive Director, Corporate Services Division:
Head the Corporate Services Division.
Oversee the Planning, Research, and Promotion Directorate to promote rural electrification and create awareness.
Oversee the Finance and Administration Directorate to manage the Agency’s internal finance and administration.
Responsibilities of Directorates and Management
REF Management Directorate
Establishment and Administration:
Establish and manage the Rural Electrification Fund (REF) to provide capital subsidies to qualified rural electrification schemes.
Policy Compliance:
Ensure compliance with policy guidelines and procedures for administering the REF, focusing on transparency and accountability.
Coordination:
Coordinate rural electrification projects at local, zonal, and federal levels.
Additional Functions:
Perform any other relevant functions as approved by the Board.
Engineering and Technical Services Directorate
Technical Support:
Provide technical support for Agency projects including planning, survey, analysis, technical design, evaluations, verifications, and production of bill of engineering measurement and evaluation.
Monitoring and Supervision:
Monitor and supervise projects to ensure compliance with standards and global best practices.
Technical Partnerships:
Facilitate technical support from public and private sector partnerships.
Projects Support Directorate
Technical Support for Schemes:
Provide technical support for rural electrification schemes as per policy guidelines to protect consumers and service providers.
Project Monitoring:
Monitor and supervise project development and implementation to ensure compliance with standards and specifications.
Safety and Quality Assurance:
Ensure that projects supported by the REF meet safety standards, quality requirements, and are cost-effective.
Planning, Research and Promotion Directorate
Promotion:
Promote rural electrification throughout Nigeria.
Information Clearinghouse:
Serve as an information hub and promote public awareness.
Data Collection:
Work with the Ministry responsible for power to collect data on rural electrification, including existing and planned projects, renewable energy sources, and technological innovations.
Finance and Administration Directorate
Financial and Administrative Management:
Handle internal financial and administrative management of the Agency.
Liaison with Zonal Offices:
Coordinate with zonal offices regarding staff matters.
Rural Electrification Fund (REF)
Establishment and Funding Sources
Sources of Funds:
Operating surpluses of the Commission.
Fines and penalties collected by the Commission.
Donations, grants, gifts, assistance, or loans from various entities.
Special intervention funds from governments.
Endowments and bequests.
Funds appropriated by the National Assembly.
2% of the Commission's tariff structure as operational costs.
Purpose of the REF
Equitable Access: Achieve more equitable regional access to electricity.
Maximizing Benefits: Maximize economic, social, and environmental benefits of rural electrification subsidies.
Grid and Off-Grid Expansion: Promote grid expansion and off-grid electrification.
Innovation and Research: Stimulate innovative approaches and research in rural electrification and renewable energy.
Adopt Best Practices: Implement programs adopting international best practices.
Infrastructure Development: Develop infrastructure and capacity for renewable energy for electrification.
Management and Contributions
Management:
Managed by the Fund Management Directorate under the supervision of the Executive Director, Fund Division.
Contribution Rates:
Determined by the Commission, considering the impact on eligible customers and licensees.
Collections and Payments:
Contributions collected and paid to the REF as per procedures established by the Agency.
Disbursement of Funds
Criteria for Allocation:
Established objectively and transparently, considering financial support needs, progress in rural electrification, and local matching funding.
Procedure:
Open, competitive, and transparent procedures for disbursement, with eligibility and selection criteria.
Eligibility and Selection Criteria:
Based on technical, economic, and financial viability, support for rural development, and level of community and investor commitment.
Penalties and Application of Funds
Penalties:
Fines for non-payment of contributions.
Application of Funds:
Funds used for projects, administration, publicity, allowances, salaries, and other activities approved by the Board.
Tax Exemption
Exemption from Income Tax:
All money sources paid into the REF are exempt from income tax.
Minister's Supervisory Powers
Policy Responsibilities:
Formulate, amend, and implement the National Rural Electrification Policy.
Issue directives to the Agency for policy implementation.
Make recommendations to the Agency on performance of its functions.
Review the Rural Electrification Strategy and Implementation Plan every two years with the President's approval.
Collaboration with State Boards
Execution and Coordination:
Collaborate with State Rural Electrification Boards or related state agencies.
Encourage states to establish Local Government Rural Electrification Implementation Committees.
State Legislation:
State Houses of Assembly to make laws for the structure, operation, and functions of State Electricity Boards and Local Government Committees.
Agency Liaison and Support
Effective Liaison:
Work with State Boards and Local Government Committees to assess electrification status and review project progress.
Implement awareness programs on renewable energy opportunities.
Resolve land acquisition and access disputes for rural electrification projects.
Advise on best strategies for achieving rural electrification goals.
Strategic Assistance:
Assist in formulating strategic plans for rural electrification projects.
Provide information and advice to enhance implementation efficiency.
Offer technical and financial assistance, including training and technology transfer, to local communities.
Monitoring and Reporting
Progress Reports:
Quarterly reports by the Minister and Agency to the President on the implementation of the Rural Electrification Strategy and Implementation Plans.
Reports should cover:
National grid expansion to rural areas.
Development of off-grid power sources.
Renewable energy power generation.
Impact on economic inequalities in rural and peri-urban areas.
Impact on the rural economy and gender inequalities.
Achievement of strategic plan projects.
Project Monitoring Mechanisms
Effective Monitoring:
The Agency will provide machinery for monitoring rural electrification projects nationwide.
Utilize geographic information systems (GIS) and geo-mapping technologies for effective project monitoring and data analysis.
Acceptance of Gifts
Terms and Conditions:
The Agency can accept gifts of land, money, or property under specified terms.
Gifts inconsistent with the Agency’s functions under the Act will not be accepted.
Borrowing Powers
Project Funding:
With Board approval, the Agency may borrow money to execute or complete special projects.
Financial Management and Accountability
Estimates Submission:
Submit income and expenditure estimates to the National Assembly by 30 September annually.
Accounts and Audits:
Maintain proper accounts and records of transactions, assets, credits, and liabilities.
Ensure payments and expenditures are correctly made and authorized.
Quarterly internal audits and annual external audits.
Auditor-General to inspect and audit accounts and records, reporting any irregularities.
Forward audited financial statements to the Minister for National Assembly submission.
Annual Reports:
Submit an annual report to the Minister by 30 June, including audited accounts and auditor’s report.
Legal Protections and Indemnities
Public Officers Protection Act:
Apply provisions to suits against Agency officers or employees.
30-day notice before initiating suits.
Execution Against the Agency:
No execution or attachment process without the Attorney-General’s consent.
Indemnity:
Indemnification of Board members and officers against civil or criminal proceedings if they are acquitted or receive favorable judgment.
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