Section 109 Electricity Act 2023

Section 109 of the Electricity Act 2023 is about Private sector investment in transmission network. It is under Part IX (Transmission of Electricity) of the Act.

(1) Investment in the national grid may be made in accordance with such regulations the Commission may issue and shall be undertaken by —
(a) the successor transmission licensee with the approval of the Commission for the expansion or integration of technology into existing transmission infrastructure provided under this Act; or

(b) a non—licensee in the existing transmission owned, operated and maintained by the successor transmission licensee based on project agreement between such a non — licensee and the licensee,

(2) Nothing in subsection (1) prohibits the Commission in consultation with the appropriate Authority from approving an application by a non-licensee for —
(a) a long term concession of old or new transmission lines under any concession or commercial arrangement with the TSP as may deem necessary;

(b) any concession or commercial arrangement between concessioners and successor transmission licensee for expansion of the transmission network; and

(c) project finance by private investors whereby such investors finance, build, own and maintain parts of the transmission network.