Section 34 Electricity Act 2023
Section 34 of the Electricity Act 2023 is about Functions and powers of the Commission. It is under Part V (Establishment, Functions and Powers of the Nigerian Electricity Regulatory Commission) of the Act.
(1) Subject to the provisions of this Act, the Commission shall perform the following MEP OBIS B : principal functions, that is, to —
(a} create, promote, and preserve efficient electricity industry and market
structures, and to ensure the optimal utilisation of resources for the provision of electricity services;
(b) maximise access to electricity services, by promoting and facilitating consumer connections to distribution systems in both rural and urban areas;
(c) ensure adequate supply of electricity to consumers:
(d) ensure that the prices charged by licensees are fair to consumers and are sufficient to allow the licensees to finance their activities and to allow for reasonable profit for efficient operation:
(e) ensure the safety, security, reliability, and quality of service in the production and delivery of electricity to consumers;
(f) ensure that regulation is fair and balanced for licensees, consumers, investors, and other stakeholders;
(g) present quarterly reports to the President and National Assembly on its activities;
(h) issue directives and carryout such measures to ensure the gradual development and smooth operation of the various stages of the market;
(i) promote the development and utilisation of renewable energy services and increase the contribution of renewable energy to Nigeria’s energy mix;
(j) promote cost reflective and service reflective tariffs and ensure gradual elimination of cross-subsidies within a specified timeframe; and
(k) promote gender mainstreaming and local content requirements within the NESI.
(2) Without prejudice to any other powers assigned to the Commission under this Act, the Commission shall in furtherance of its functions under subsection (1), exercise the following powers —–
(a) promote competition and private sector participation in the post-privatised power sector, when and where feasible;
(b) establish or, as the case may be, approve appropriate operating codes and safety, security, reliability, and quality standards;
(c) establish appropriate consumer tights and obligations regarding the provision and use of electricity services:
(d) license and regulate persons engaged in the generation, transmission, system operation, distribution, supply and trading of electricity;
(e) approve amendments to the market rules in accordance with the procedure
in the market rules;
(f) monitor the operation of the electricity markets and sanction licensees in deserving circumstances in accordance with the provisions of this Act and other subsidiary legislation; and
(g) under the provisions of this Act, intervene in the management and control of the affairs of :ts licensees and permit holders which it considers has failed, is failing or in crisis, including entering the premises and doing whatever the Commission deems necessary to maintain continuity in the provision of electricity service and ensuring the integrity of the NESI generally;
(h) seal and enter the premises of persons operating without a license or suspected to have committed an offence under this Act; and
(i) carryout examination, inquiry and inspect all books, records, accounts and documents required to be kept by a licensee under this Act including inspection at reasonable times, a station or premises used by a licensee.
(3) Without prejudice to its independence in decision making, the Commission shall in the discharge of its functions and powers under this Act, consult, and to the extent the Commission considers appropriate, such persons or groups who may or are likely to be affected by the decisions or orders of the Commission including licensees, consumers, potential investors, and other interested parties.
