Delta State Electricity Power Sector Law, 2024

DELTA STATE ELECTRICITY POWER SECTOR LAW, 2024

1. Short Title and Commencement. This Law may be cited as the Delta State Electricity Power Sector Law, 2024 and shall come into force on the day it receives the Governor's assent.

2. Interpretation. In this Law, unless the context otherwise requires: "Act" means the Electricity Act, 2023 and includes any amendments made to it; "Agency" means Delta State Rural Electrification Agency; "Auditor-General" means the Auditor-General of Delta State; "Board" means the Board of the Delta State Electricity Regulatory Commission; "Captive generating plant" means a power plant set up by any person or entity to generate electricity primarily for self-use and includes a power plant set up by any co-operative society or association of persons for generating electricity primarily for use of members of such cooperative society or association and not sold to a third party; "Chairman" means either the Chairman of the Delta State Electricity Regulatory Commission or the Chairman of the Delta State Rural Electrification Agency depending on the context or Section of this Law where it is applicable; "Co-generation" means a process which simultaneously produces two or more forms of useful energy (including electricity); "Commission" means the Delta State Electricity Regulatory Commission; "Commissioner" means the Commissioner responsible for Energy or a member of the State Executive Council as may be appointed by the Governor; "Consumer" means any person who is supplied with electricity for his/her own use by a licensee engaged in the business of supplying electricity to the public under this Law; "Dedicated transmission line" means any electricity supply-line for point-to-point transmission which is required for the purpose of connecting electricity lines or electric plants of a captive generating plant to a load center, as the case may be; "Delta State Electricity Market" means the policy, legal, regulatory, and commercial framework established under this Law that enables entities, duly licenced by the Commission to contract for electric capacity and energy to be generated, transmitted, distributed and sold to consumers resident in or outside the State; "Distribution" means the system of facilities consisting wholly or mainly of electricity lines, less than 66kv, used for the distribution of electricity from a generating facility or from a transmission grid supply point, through appropriate distribution facilities to the consumer/end- user; "Distribution Code" means a compilation of rules and regulations governing electric utilities, operations, maintenance and distribution systems which includes, the standard for service and performance that defines and establishes the relationship of the distribution systems with facilities or installations of the parties; "Distribution Licensee" means a person authorized/licenced to operate and maintain a distribution system for supplying electricity to the consumers in his/her area of supply; "Distribution System" means the infrastructure which takes electric power from the generating plant or the transmission station to the consumer; "Distribution Companies" mean the distribution companies licenced by the Commission to operate within Delta State; "Electricity" means electrical energy generated, transmitted, supplied or traded for any purpose or used for any purpose; "Electrical line" means any infrastructure used for the purpose of electricity transmission from the generating plant to the end user; "Electrical plant" means any equipment, apparatus or appliance or any part thereof used for, or connected with the generation of electricity; "Electricity network" means all aspects of generation, transmission, distribution and supply of electricity; "Electricity trader" means a person who has been granted a licence to undertake trading in the electricity market under this Law; "Federal Agencies" mean NERC, NEMSA and other Federal regulatory organizations set up by the Federal Government of Nigeria; "Federal Government" means the Federal Government of Nigeria; "Feedstock" means Natural Gas, Liquefied Natural Gas (LNG), Liquefied Petroleum Gas (LPG), Compressed Natural Gas (CNG), Coal, Biomass, Waste and such other Feedstock options as may be utilized for power generation; "Feedstock Merchants" mean the duly licenced entities appointed by the Commission to procure aggregate Feedstock and execute Feedstock Supply Agreements with Feedstock Suppliers; "Financial Year" means a period of twelve (12) months commencing from the I st day of January and terminating on the 31st day of December; "Generating Company" means any company or body corporate or association or body of individuals, incorporated and licenced. which owns or operates or maintains a generating station; "Generating Station" means any facility for generating electricity; "Grid" means the high voltage backbone system of inter-connected transmission lines, sub-stations and generating plants; "Grid Code" means the standards and practices which govern how the grid is operated, specified by the Commission under this Law; "High Voltage Line" means an electric line or cable of a specified voltage level above 11kv; "House" means the Delta State House of Assembly; "Intra-State Transmission System" means any transmission system within the State; "Inter-State Transmission System means any transmission system between Delta State and any other State; "Law" means Delta State Electricity Power Sector Law; "Licence" means an authority to operate on the electricity network granted under this Law; "Licensee" means either a generation, transmission or distribution company that has been granted licence under this Law; "Local Government" means the Local Government Areas in the State; "Member" means a member of the Delta State Electricity Regulatory Commission or the Delta State Rural Electrification Agency; "Ministry" means the Ministry responsible for the management and supervision of Energy and Electricity matters in the State; "NEMSA" means Nigerian Electricity Management Services Agency; "NERC" means Nigerian Electricity Regulatory Commission established pursuant to the Electric Power Sector Reform Act, Cap El, Laws of the Federation of Nigeria, 2004; "Nigeria" means the Federal Republic of Nigeria; "Occupier" means in relation to a household, the person in occupation of the whole or any part of such tenement, but does not include a lodger; "Overhead line" means an electric line which is placed above the ground and in the open air; "Public Supply" means any installation used or intended to be used for or in connection with the supply of electricity to the public; "Rural Areas" means communities designated as rural areas as defined under this Law; "Service Provider" means a person or entity authorized by the Commission to generate, transmit, distribute, repair, maintain, and supply electricity to consumers; "Stand Alone System" means the electricity system set- up to generate power and distribute electricity in a specified area without connection to the grid; "State" means Delta State of Nigeria;

"State Electricity" means electricity from sources within the State other than such source as may be declared by any Federal Law; "Sub-station" means a facility where voltage is stepped down or stepped up; Technical Code(s)" means the Grid Code, Distribution Code, Metering Code, Health and Safety Code and other codes approved by NERC and/or the Commission for the technical regulation of the Electricity Supply Industry in Nigeria; "Trading" means purchase of electricity for resale; and "Transmit" means conveyance of electricity by means of transmission lines at 132kv or 66kv voltage levels and the expression "transmission" shall be construed accordingly.

3. Objectives. The objectives of this Law are to: (a) provide for the development and management of sustainable electric power supply in the State; (b) facilitate the development and management of electricity infrastructure within the State; (c) promote and support the provision of an efficient and effective power generation and evacuation infrastructure in the State; (d) ensure the availability of a cost and service reflective electric power supply; (e) ensure that the State has reliable electric power generation and distribution; (f) provide support in the collection of tariffs and revenue from end users; (g) ensure the protection of electric power generation and evacuation infrastructure; (h) prescribe appropriate sanctions for any breach of the provisions of this Law; (i) provide for the development of a viable and competitive electricity market in the State; (j) adequately provide for the protection of consumer rights under this Law; (k) facilitate and protect investment in the State electricity market; (l) facilitate a fair balance between the interests of consumers/end-users, Licensees and investors in electricity market of the State: (m) promote competitiveness and consumer/end user choice; and (n) facilitate State-wide access to electricity.

4. Responsibilities/Powers of the Ministry. The Ministry shall: (a) create an enabling environment for private sector investment in the power sector, (b) collaborate and consult with any Federal Agency, other States, Local Governments, Institutions, statutory bodies and research agencies on matters relating to the power sector; and (c) perform any other function as may be assigned to it by the Governor or by any law made by the House.

5. Establishment of the Delta State Electricity Regulatory Commission. (1) There is established a body to be known as the Delta State Electricity Regulatory Commission with its Headquarters at the State Capital. (2) The Commission shall: (a) be a body corporate with perpetual succession and a common seal; (b) have power to sue and be sued in its corporate name; and (c) be capable of purchasing, acquiring, holding and disposing of movable and immovable property.

6. Composition, Appointment, Qualification and Tenure of Members of the Board. (1) There is established for the Commission a Board charged with the administration of the affairs of the Commission. (2) The Board shall comprise nine (9) Directors: (a) a Chairman who shall also be the Chief Executive Officer responsible for the execution of the policies, decisions of the Board and the day-to-day management and supervision of the activities of the Commission; (b) a Vice-Chairman who shall be an Executive Director for Management Services; (c) four (4) Executive Directors to serve as: (i) Executive Director, Legal (Regulatory Compliance, Licencing & Enforcement); (ii) Executive Director, Technical Standards and ICT; (iii) Executive Director, Commercial and Finance; (iv) Executive Director, Consumer Affairs; (d) three (3) Non-Executive Directors, one each from the three senatorial districts of the State; (e) the Secretary; (f) representative from the Ministry of Energy not below the rank of an Assistant Director, SGL 15. (3) The Chairman and members of the Board shall be persons of proven integrity and ability and shall be appointed by the Governor, subject to subsection (4) of this Section and the confirmation of the House. (4) The positions under subsection (2) (a), (b) and (c) of this Section shall be filled through competitive recruitment process by renowned recruitment experts appointed by the Governor after due publication in local and national dailies with persons possessing at least fifteen (15) years cognate experience in any of the fields of engineering, law, accountancy, economics, finance, information communication technology OCT) and administration with experience in electricity generation, transmission, distribution, supply and marketing. (5) Members of the Board shall hold office on full time basis except the Ex-officio and Non-Executive Members who shall hold office on part-time basis. (6) The members of the Board, other than the ex-officio members shall hold office for a term of four (4) years, and may be re-appointed for a further term of four (4) years and no more.

7. Functions of the Commission. (1) The functions of the Commission shall be to: (a) publish after consulting with the Governor, the Delta State Electricity Strategic Development Plan; (b) ensure efficient and uninterrupted electricity generation, distribution and supply to promote economic growth; (c) liaise with relevant Federal Agencies, Ministries, Departments, Regulators and the Service Providers with respect to the development of electric power generation and distribution in the State; (d) collaborate and engage with Federal and State Agencies to protect the interests of consumers with respect to the reliability and quality of electric power supply services in the State; (e) collaborate with relevant Federal Agencies to ensure compliance with federal environmental standards and ensure that energy service providers (including renewable energy project developers) conform to environmentally sound operations and sustainability in line with international best practices; (f) liaise with relevant stakeholders to promote competitive, fair and efficient market practice within the electric power sector in the State; (g) liaise with relevant stakeholders and other relevant Ministries or Agencies for the speedy disposition of the projects under the Embedded Power Scheme; (h) ensure the implementation of cost reflective tariffs for all projects under the Embedded Power Scheme which will be structured in line with the methodology approved by the Commission; (i) ensure compliance with Technical Codes by Service Providers; (j) collaborate with relevant stakeholders and other relevant Government Agencies on all matters regarding compliance and enforcement of any meter tampering, electricity theft regulations, or any other related infraction; (k) collaborate with the Nigerian Electricity Management Service Agency (NEMSA), Standard Organization of Nigeria (SON) and other relevant Federal and State Government Agencies to ensure that all major electrical materials and equipment used in electricity projects within the State are of standard quality; (l) promote training and manpower development in electricity matters; (m) collaborate with the embedded power providers for the implementation of the embedded power scheme; (n) provide such support as the Commission deems fit to aid the embedded power providers in obtaining all the necessary licences, permits and approvals as may be needed to perform its objectives; (o) collaborate with Service Providers to pre-qualify embedded power providers under the Embedded Power Scheme; (p) consult when the need arises with such persons or organizations as may be qualified to advise on professional or technical issues; (q) issue, renew and withdraw licences for the establishment of electric power stations within the State; (r) issue, review and withdraw licences for the generation, transmission and distribution of electricity within the State; (s) enumerate, register and keep records of all power plants in the State; and (t) carry out such other functions as it deems fit for the purpose of giving effect to this Law. (2) The Commission shall in addition to the provisions of subsection (1) of this Section: (a) formulate a framework for the implementation of all the State Government's electricity policies under this Law; (b) provide assistance where necessary to the Service Providers and such other entities as may be created by the State pursuant to the provisions of this Law, for proper customer/end-user enumeration and classification to ensure that a cost reflective tariff regime can be sustained; (c) facilitate regular engagements with relevant stakeholders to develop cost reflective tariffs which adequately reflects exchange rates, inflation, interest rates and feedstock prices; (d) make provision for proper cross subsidization of the tariffs for low income end- users; (e) advocate for the adoption of adequate mechanisms to support the collection of tariffs; (f) promote a fair electricity pricing regime; (g) gather and disseminate information relating to the State policy in the field of electric power; (h) liaise with all stakeholders in the State on issues relating to electric power; (i) address consumer complaints in the State; (j) advise the State Government on questions relating to any aspect of electric power as the State may refer to it; (k) provide input in the determination of end-user tariffs to ensure cost reflective tariffs for embedded power; (l) ensure that consumers benefit from competition and efficiency; (m) collaborate with NERC to effectively administer (by way of contribution and implementation) the Power Consumer Assistance Fund (PCAF) in the State; and (n) constitute ad-hoc committees as deemed necessary to assist in the performance of its duties under this Law.

8. Powers of the Commission. (1) The Commission shall have powers to: (a) make regulations for the establishment of electric power stations for the generation, distribution and transmission of electricity in the State; (b) grant licence or permit to any person for the establishment of electric power stations in the State for the generation, distribution and transmission of electricity; (c) set general policy guidelines for the management of the Commission; (d) construct, reconstruct, maintain and operate electrical works, buildings and other works necessary for the discharge of its functions; (e) examine any electricity undertaking in any part of the State for the purpose of determining if any damage exists and its causes, and to do likewise in respect of other installations by arrangement with appropriate authorities; (f) establish the Delta State Electricity Dispute Resolution/Customer Complaints Forum in the State Capital as well as in the three (3) senatorial districts of the State; (g) develop business rules for dispute resolution in the power sector; and (h) create such number of departments, sections or units as it may deem necessary for the effective discharge of its functions. (2) Subject to the provisions of subsection (1) of this Section, the Commission shall have power to carry out activities which are necessary, advantageous or incidental to the purpose of carving on its functions under this Law. (3) The Commission shall make regulations generally to give effect to the provisions of this Law.

9. Remuneration and Allowances. The Board shall determine the remuneration and allowances as the case may be of its members, subject to the approval of the Governor taking into consideration the specialized nature of the job to be performed and industry standards.

10. Vacancy, Resignation and Cessation of Office. (1) Notwithstanding anything contained in the instrument of appointment, the Chairman or a member of the Board shall vacate office if he/she has been: (a) absent from three consecutive meetings of the Commission without permission; (b) convicted by a Court of Law for an offence involving dishonesty, corruption and mismanagement; (c) incapacited by physical or mental illness; (d) removed by the Governor; (2) A member ceases to hold office by reason of the following: (a) death; (b) resignation by giving one (1) month's notice in writing in a letter addressed to the Governor, (c) being adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged; (d) made an assignment, arrangement or composition with creditors which has not been rescinded or set aside; (e) being disqualified or debarred from practicing his/her occupational profession by the regulatory body, or any court of law; (f) on expiration of a member's tenure or a further extension in accordance with the provisions of this Law; (g) non-disclosure of interest in matters for consideration by the Board; and (h) dissolution of the Board. (3) Notwithstanding the provisions of subsection (l) of this Section, the Governor may remove any member of the Board if satisfied that it is in the public interest to do so. (4) Except for the ex-officio members of the Board whenever an office becomes vacant under this Law and the vacancy is filled, the person so appointed to fill such vacancy shall be entitled to serve only the remainder of the term of his/her predecessor in office.

11. Filling of Vacancy. On the death or vacancy of office of the Chairman or any member of the Board except an ex-officio member, the Governor shall nominate a candidate to fill that vacancy and shall submit that nomination to the House for confirmation.

12. Meetings/Quorum. (1) The Board shall meet at least once every quarter of each year; provided that the Chairman shall convene , at any time , an emergency meeting when necessary. (2) The Chairman shall convene and preside at every meeting of the Board and can also summon an emergency meeting of the Commission and in his/her absence, one of the members except an ex-officio member shall be appointed to preside. (3) In the event that the Chairman is incapacitated or indisposed, the Vice Chairman shall convene a meeting as contained in subsections (1) and (2) of this section; provided that all the members subscribe to it. (4) The quorum for any meeting of the Commission shall be five (5) members.

13. Voting. (1) Any question for decision before the Commission shall be decided by majority votes of members present during voting and where there is an equality of votes, the Chairman presiding shall have a casting vote. (2) The acts of the Board shall be deemed to be acts of the Commission.

14. Proceedings of the Commission. The Commission may make Standing Orders regulating proceedings at any meeting of the Commission.

15. Power to Co-opt an expert. Where the Board desires to obtain the advice of an expert on a matter, the Board may co- opt the expert as a member for such period as it deems fit; provided that the expert co- opted shall not be entitled to vote at any meeting of the Board and shall not count towards a quorum.

16. Common seal of the Commission. (1) The common seal of the Commission shall be authenticated by the signature of the Secretary and the Chairman authorized by the Commission for that purpose. (2) A document duly executed under the common seal of the Commission shall be admissible in court and unless the contrary is proved, be deemed to be so executed.

17. Secretary of the Commission. (1) There shall be for the Commission, a Secretary not below the rank of an Assistant Director SGL 15 appointed by the Commission from the Public Service of the State. (2) The Secretary shall: (a) be a person of proven ability and integrity; (b) arrange meetings, prepare agenda and issue notices; (c) keep custody of the Seal of the Commission; (d) convey decisions of the meetings to members of the Commission and stakeholders; (e) record and keep minutes and other/records of the Commission; and (f) carry out such other functions as the Commission may assign to him/her from time to time.

18. Staff of the Commission and Conditions of Service. (1) The Commission shall determine the number, nature and categories of other Officers and employees required by the Commission to discharge its functions under this Law. (2) The Commission shall subject to the approval of the Governor, employ suitably qualified persons from the public and private sector to discharge its functions under this Law. (3) The Commission may receive on transfer or secondment from the Federal or State Public Service such staff as it deems necessary, subject to the approval of the Governor. (4) The Commission shall subject to the approval of the Governor, develop appropriate conditions of service concerning remuneration, allowances, fringe benefits of its members and staff, which conditions of service shall be competitive in relation to electricity sector operations in the country to enable it attract and retain high quality personnel. (5) The Commission shall be entitled to pensions, gratuities and other retirement benefits as applicable in the Public Service of the State. (6) Notwithstanding the provisions of subsection (5) of this section, the Commission may appoint a person to any office on terms which preclude the grant of pension, gratuity and other retirement benefits.

19. Report of the activities of the Commission. The Commission shall give quarterly reports of its activities to the Governor.

20. Ad-hoc Committees of the Commission. (1) The Commission may set up Ad-hoc Committees as it deems necessary to carry out its functions under this Law. (2) Any Ad-hoc Committee set up by the Commission under subsection (1) of this Section, shall have power to regulate all its activities including quorum, procedures at meetings, voting and decision making. (3) The decision of any Ad-hoc Committee set up under subsection (l) of this Section, shall be subject to ratification by the Commission.

21. Funds of the Commission. (1) The Commission shall establish and maintain a fund from which there shall be defrayed all expenditure incurred by the Commission. (2) There shall be paid or credited to the fund: (a) such sums as may be appropriated to the Commission by the State Government; (b) fees charged by the Commission under this Law or licence issued pursuant to this Law; (c) all monies paid to the Commission by way of grants, donations, gifts, subsidies, subscriptions, interest and royalties; (d) money raised by loan under the power to borrow vested in the Commission by this Law; (e) all monies which may vest in the Commission under any enactment or Law; and (f) all other sums or property which may in any manner become payable to or vested in the Commission in respect of any matter incidental to its powers or duties under this Law. (3) The Commission shall pay all monies accruing from the issuance of licences under this Law into the Internally Generated Revenue Account of the State; Provided that ten percent (10%) shall be set aside of such monies and retained by it.

22. Power to Borrow. (1) The Commission may with the approval of the Governor borrow such sum of money for and in connection with the exercise of its powers under this Law. (2) An approval given for the purpose of subsection (l) of this Section shall be either general or limited to a particular borrowing and may be given subject to such conditions stipulated by the Governor.

23. Annual Budgetary Estimates of the Commission. (1) The Commission shall prepare in each financial year but not later than three (3) months to the expiration of a current year, its budget for the next financial year showing the estimated receipts and expenditure of the Commission commencing from 1st of January and ending on the 31st December of the year and forward same to the Commissioner for inclusion in the State annual appropriation budget. (2) The annual estimates shall make provision for all the estimated expenditure of the Commission for the financial year and in particular the estimate shall provide for: (a) the payment of salaries, allowances and other charges in respect of the Chairman, Directors, Secretary and other staff of the Commission; (b) maintenance, repair and replacement of fixed and movable assets of the Commission; and (c) any other expenditure to be incurred for the financial year by the Commission in the exercise of its powers and performance of its functions under this Law.

24. Expenditure of the Commission. There shall be paid out of the funds of the Commission all expenditure incurred by the Commission in the exercise of its powers and performance of its functions under this Law.

25. Annual Financial Year of the Commission. The financial year of the Commission shall be a period of twelve (12) months commencing on the IA of January and ending on the 31st of December in each year.

26. Accounts of the Commission. (1) The Commission shall keep or cause to be kept proper books of accounts and other relevant records of income and liabilities, assets, expenditure, undertakings, funds, activities, contracts, transactions and other business of the Commission in such a form as may be prescribed by the Office of the Auditor- General of the State. (2) The statement of accounts of the Commission prepared pursuant to subsection (1) of this Section shall, not later than three (3) months after the end of the financial year be submitted to the State Auditor-General. (3) The Commission shall present an annual record of all its activities to the Governor.

27. Audit Reports of the Commission. (1) The accounts kept by the Commission pursuant to Section 26 of this Law shall be audited by an auditor appointed by the Commission in accordance with the guidelines for appointment of auditors issued from time to time by the State Auditor-General. (2) The auditor appointed under this Section in connection with the audit of the accounts of the Commission shall have rights and privileges to demand the production for inspection of books of accounts, vouchers and other documents and papers of the Commission relating to its account. (3) The Commission shall prepare and submit to the Governor through the State Auditor- General not later than 31st July of every year a report in such form as the Auditor-General may direct on the activities of the Commission during the last preceding financial year.

28. Power of the Commission to hold hearings on licence. (1) The Commission shall have power to hold hearing on matters relating to: (a) issuance of licence; (b) any term or condition of a licence issued, or a refusal to specify a term or condition of a licence; (c) refusal to issue a licence; (d) any amendment of a licence or refusal by the Commission to amend a licence; (e) the cancellation of a licence; (f) the grant or refusal by the Commission to grant any approval or authority in line with this Law; (g) the outcome of any decision made by the Commission between parties; (h) a decision of the Commission with respect to prices or tariffs; (i) any other matter arising out of the decision of the Commission under this Law; (2) The Commission shall as far as reasonably practicable issue notice to all interested persons and such person shall be given adequate opportunity to make representation at the hearing (3) The Commission shall have power to hold hearing or appeal on any matter under this Law or regulation made pursuant to it, which the Commission may consider to be of significant interest to the public. (4) Where the Commission is to hold hearing or an appeal, such hearing or appeal shall be made public.

29. Proceedings of the Commission on hearing. (1) The Chairman and a minimum of two other Directors shall sit on any proceedings relating to hearing or appeal. (2) The Commission shall be entitled to conduct its proceedings, hearing, appeal or consultation at a place as may be determined by the Commission. (3) The Commission shall have power to make rules for its proceedings, hearing, appeal or consultation including procedures for the participation of licensees, consumers or eligible consumers or other interested persons. (4) The proceedings of the Commission shall be properly documented or recorded.

30. Appeal for a review of the Commission's decision. (1) Any person aggrieved by the decision of the hearing of the Commission may appeal to the Commission for the review of such decision, wholly or in part. (2) The Commission may reconsider, vary or rescind its decision before issuing a decision in accordance with such procedure as the Commission may prescribe.

31. Alternative Dispute Resolution. (1) All disputes pertaining to the provisions of this Law or agreements made pursuant to this Law shall first be settled by any of the alternative dispute resolution mechanisms agreed upon by the parties in line with the Delta State Arbitration Law. (2) In the event that a dispute is not resolved by alternative dispute resolution, parties to a dispute may seek redress in a competent court of law.

32. Procedure for instituting legal actions against the Commission. (1) No suit shall be commenced against the Commission before the expiration of a period of thirty (30) days after written notice of intention to commence the suit shall have been served on the Commission by the intending claimant or claimant's agent, and the notice shall clearly and explicitly state: (a) the cause of action; (b) the particulars of the claim; (c) the name and place of abode of the intending claimants; and (d) the relief which are claimed. (2) The notice referred to in subsection (1) of this Section and any summons or other document(s) required or authorized to be served on the Commission, may be served by delivering same to the Headquarters of the Commission.

33. Delta State Rural Electrification Agency. (1) There is established a body to be known as the Delta State Rural Electrification Agency with its Headquarters at the State Capital. (2) The Agency shall: (a) be a body corporate with perpetual succession and a common seal; (b) have power to sue and be sued in its corporate name; (c) be capable of purchasing, acquiring, holding and disposing of movable and immovable property.

34. Composition of the Agency. (1) The Agency shall comprise nine (9) Directors: (a) a Chairman who shall also be the Chief Executive Officer responsible for the execution of the policies, decisions of the Board and the day to day management and supervision of the activities of the Agency; (b) Vice Chairman who shall be an Executive Director for Management services; (c) four (4) Executive Directors to serve as: (i) Executive Director, Legal (Regulatory Compliance and Enforcement); (ii) Executive Director, Technical Standards and ICT; (iii) Executive Director, Commercial and Finance; and (iv) Executive Director, Consumer Affairs. (d) three (3) Non-Executive Directors one each from the three senatorial districts of the State; (e) the Secretary; (f) representative of the Ministry of Energy not below the rank of an Assistant Director, SGL 15. (2) The Chairman and members of the Agency shall be persons of proven integrity and ability and shall be appointed by the Governor, subject to subsection (3) of this Section and the confirmation of the House. (3) The positions under subsection (1) (a), (b) and (c) of this Section shall be filled through competitive recruitment process by renowned recruitment experts appointed by the Governor after due publication in local and national dailies, with persons possessing at least ten (10) years cognate experience in any of the fields of: engineering, law, accountancy, economics, finance, information communication technology (ICT) and administration with experience in electricity generation, transmission, distribution, supply and marketing and rural electrification schemes. (4) Members of the Agency shall hold office on full time basis except the Ex- officio and Non-Executive Members who shall hold office on part-time basis.

35. Tenure of Office of Members of the Agency. The members of the Agency, other than the ex-officio members shall hold office for a term of four (4) years, and may be reappointed for a further term of four (4) years and no more.

36. Functions of the Agency. (1) The functions of the Agency shall be to: (a) publish the Delta State Rural Electrification Development Plan in line with with the Delta State Electricity Strategic Development Plan; (b) ensure efficient and uninterrupted electricity generation, distribution and supply in rural areas in the State; (c) liaise with relevant State Agencies with respect to the development of affordable, reliable and sustainable rural electrification schemes in unserved and underserved rural areas in the State; (d) collaborate and engage with State Agencies to protect the interests of consumers in rural areas in the State, by providing cost reflective rural electricity tariffs; (e) collaborate with relevant Federal Agencies to ensure compliance with federal environmental standards in the development of renewable energy projects for the provision of electricity to rural areas in the State; (f) promote the development of off-grid renewable energy projects for the provision of electricity to unserved and underserved areas in the State; (g) in consultation with NERC and the Rural Electrification Agency at the federal level administer (by way of contribution and implementation) the Rural Electrification Fund in the State; (h) collaborate with the Commission and other relevant Government Agencies in the State on all matters regarding compliance and enforcement of any meter tampering, electricity theft, or any other related infractions in Rural Areas in the State; (i) collaborate with the Commission and Standard Organization of Nigeria (SON) to ensure that all electrical materials and equipment used for rural electrification projects within the State are of standard quality; (j) promote training and manpower development in rural electrification schemes; (k) liaise with relevant government agencies to facilitate the acquisition of land, right of way and other land related matters associated with or in connection to rural electrification; (l) facilitate the identification and designation of areas as rural areas for construction and development of rural electrification schemes; (m) enumerate, register and keep records of all rural electricity schemes and projects in the State; (n) design a business development scheme for rural areas; (o) liaise with relevant government agencies to facilitate the acquisition of land, right of way and other land related matters associated with or in connection to the embedded power scheme; (p) facilitate the identification and designation of rural areas in the state for deployment of power generated by the embedded power providers; (q) establish, control, manage, extend and develop such new electrical network and to extend and develop such existing ones as the Agency may consider necessary' for the purpose of providing electricity supply to meet the requirement of the general public, agriculture, trade and industry, in all parts of the State; (r) construct public lighting or power points in any street or other public places; and (s) carry out such other functions as it deems fit for the purpose of giving effect to this Law and with respect to improving rural electricity access in the State. (2) The Agency shall in addition to the provisions of subsection (1) of this Section: (a) formulate a framework for the implementation of all the State Government's rural electricity policies under this Law; (b) provide assistance where necessary to the Service Providers and such other entities as may be created by the State pursuant to the provisions of this Law, for proper customer/end-user enumeration and classification to ensure that a cost reflective tariff regime can be sustained in the served and underserved areas of the State; (c) facilitate regular engagements with stakeholders to develop cost reflective tariffs which adequately reflects exchange rates, inflation, interest rates and feedstock prices for rural areas; (d) make provision for proper cross subsidization of the tariffs for low-income end- users in rural areas; (e) promote a fair and affordable electricity pricing regime for rural dwellers; (f) gather and disseminate information relating to the State policy with respect to improving rural electricity access in the State; (g) address the challenges of electricity Consumers in Rural Areas in the State; (h) advise the State Government on questions relating to any aspect of rural electricity access as the State may refer to it; and (i) constitute ad-hoc committees as deemed necessary to assist in the performance of its duties under this Law.

37. Powers of the Agency. (1) The Agency shall have powers to: (a) appoint, promote and discipline its staff; (b) with approval of the Ministry and the Commission enter into Public Private Partnership agreements for the improvement of rural electricity access in the State; (c) create such number of departments, sections or units as it may deem necessary for the effective discharge of its functions; (d) establish offices in each senatorial district of the State to carry out its functions under this Law; and (e) insure its property against any loss or all forms of risk. (2) Subject to the provisions of subsection (l) of this Section, the Agency shall have power to carry out activities which are necessary, advantageous or incidental to the purpose of carrying out its functions under this Law.

38. Remuneration and Allowances. The Agency shall determine the remuneration and allowances as the case may be of its members subject to the approval of the Governor taking into consideration the specialized nature of the job to be performed and industry standards.

39. Vacancy, Resignation and Cessation of Office. (1) Notwithstanding anything contained in the instrument of appointment, the Chairman or a member of the Agency shall vacate office if he/she has been: (a) absent from three consecutive meetings of the Agency without permission; (b) convicted by a Court of Law for an offence involving dishonesty, corruption and mismanagement; (c) incapacitated by physical or mental illness; (d) removed by the Governor. (2) A member ceases to hold Office by reason of the following: (a) death; (b) resignation by giving one (l) months' notice in writing in a letter addressed to the Governor, (c) being adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged; (d) made an assignment, arrangement or composition with creditors which has not been rescinded or set aside; (e) being disqualified or debarred from practicing his/her occupational profession by the regulatory body or any court of law; (f) on expiration of a member's tenure or a further extension in accordance with the provisions of this Law; (g) been convicted of an offence, involving fraud, dishonesty or moral ineptitude and sentenced to a term of imprisonment imposed with 0!' without the option of a fine, whether or not any portion of the term has been suspended; (h) non-disclosure of interest in matters for consideration by the Agency; and (i) dissolution of the Agency. (3) Notwithstanding the provisions of subsection (2) of this Section, the Governor may remove any member of the Agency if satisfied that it is in the public interest to do so. (4) Except. for the ex-officio members of the Agency, whenever an office becomes vacant under this Law and the vacancy is filled, the persons so appointed to fill such vacancy shall be entitled to serve only the remainder of the term of his/her predecessor in office.

40. Filling of Vacancy. On the death or vacancy of office of the Chairman or any member of tile except an ex- officio member, the Governor shall nominate a candidate to fill that vacancy and shall submit that nomination to the House for confirmation.

41. Meetings. (1) The Agency shall meet at least once every quarter of each year, provided that Chairman convene at any time an emergency meeting when necessary. (2) (a) The Chairman Shan convene and preside at every meeting or the Agency including emergency meetings. (b) In the absence of the Chairman, one of the members except an ex- officio member shall be appointed to preside.

42. Quorum. The quorum for any meeting of the Agency Shall be five (S) members.

43. Voting. Decisions of the Agency shall be by majority votes of members present during voting and where there is an equality of votes, the Chairman presiding, shall have a casting vote.

44. Proceedings of the Agency. The Agency may make standing orders regulating its proceedings at any meeting.

45. Power to Co-opt Expert. Where the Agency desires to obtain the advice of all expert on a matter, the Agency may co-opt the expert as a member for such period as it deems fit; Provided that the expert co- opted shall not be entitled to vote at any meeting of the Agency and shall not count a quorum.

46. Common Seal of the Agency. (1) The common seal of the Agency shall be authenticated by the signature of the Secretary and the Chairman authorized by the Agency for that purpose. (2) A document duly executed under the common seal of the Agency shall be admissible in court and unless the contrary is proved, be deemed to be so executed.

47. Secretary of the Agency. (1) There shall be for the Agency a Secretary not below the rank of an Assistant Director SGL 15, appointed by the Agency from the Ministry. (2) The Secretary shall: (a) be a person of proven ability and integrity; (b) arrange meetings, prepare agenda and issue notices; (c) keep custody of the Seal of the Agency; (d) convey decisions of the meetings to members of the Agency and stakeholders. (e) record and keep minutes and other/records of the of the Agency (f) carry out such other functions as the Agency may assign to him/her from time to time.

48. Staff of the Agency. (1) The Agency may determine the number, nature and categories of other officers and employees required by it to discharge its functions under this Law. (2) Subject to the approval of the Governor, the Agency shall appoint suitably qualified persons from the public and private sectors to discharge its functions under this Law. (3) The Agency may receive on transfer or seecodment from the Federal or State Public Service such staff as it deems fit, subject to the approval of the Governor. (4) The Agency shall fix the salaries, allowances and conditions of service of its staff taking into consideration what is applicable in the Public Service of the State, specialised nature of work and industry practice. (5) The Agency shall have powers to promote and discipline its staff in accordance with Rules made by it for that purpose.

49. Report of the activities of the Agency. The Agency shall give quarterly reports of its activities to the Governor through the Commissioner.

50. Ad-hoc Committees of the Agency. (1) The Agency may set up Ad-hoc Committees as it deems necessary to carry out its functions under this Law. (2) Any Ad-hoc Committee set up by the Agency under subsection (1) of this Section shall have power to regulate all its activities including quorum, procedures at meetings, voting and decision making. (3) The decision of any Ad-hoc Committee set up under subsection (1) of this section shall be subject to ratification by the Agency.

51. Funds of the Agency. (1) The Agency shall establish and maintain a fund from which there shall be defrayed all expenditure incurred by it. (2) There shall be paid or credited to the fund: (a) such sums as may be appropriated to the Agency by the State Government; (b) all monies paid to the Agency by way of grants, donations, gifts, charges, fees, subsidies, subscriptions, interest and royalties; (c) money raised by loan under the power to borrow vested in the Agency by this Law; (d) all monies which may be vested in the Agency under any enactment or Law; and (e) all other sums or property which may in any manner become payable to or vested in the Agency in respect of any matter incidental to its powers or duties under this Law.

52. Power to borrow money. (1) The Agency may with the approval of the Governor borrow such sum of money for and in connection with the exercise of its powers under this Law. (2) An approval given for the purpose of subsection (l) of this Section shall be either general or limited to a particular borrowing and may be given subject to such conditions as stipulated by the Governor.

53. Annual Budgetary Estimates of the Agency. (1) The Agency shall prepare in each financial year but not later than three (3) months to the expiration of a current year, its budget for the next financial year showing the estimated receipts and expenditure of the Agency commencing on 1st of January and ending on the 31st December of the year and forward same to the Commissioner for inclusion in the State annual appropriation budget. (2) The annual estimates shall make provision for all the estimated expenditure of the Agency for the financial year and in particular the estimate shall provide for: (a) the payment of salaries, allowances and other charges in respect of the Chairman, Directors, Secretary and other staff of the Agency; (b) maintenance, repair and replacement of fixed and movable assets of the Agency; and (c) any other expenditure to be incurred for the financial year by the Agency in the exercise of its powers and performance of its functions under this Law.

54. Annual Financial Year of the Agency. The financial year of the Agency shall be a period of twelve (12) months commencing on 1st January and ending on the 31st December in each year

55. Accounts of the Agency. (1) The Agency shall keep or cause to be kept proper books of accounts and other relevant records of income and liabilities, assets, expenditure, undertakings, funds, activities, contracts, transactions and any other business of the Agency in such a form as may be prescribed by the Office of the Auditor-General of the State. (2) The Statement of Accounts of the Agency prepared pursuant to subsection (1) of this Section shall, not later than three (3) months after the end of the financial year be submitted to the State Auditor-General. (3) The Agency shall present an annual record of all its activities to the Governor through the Commissioner.

56. Audit Reports of the Agency. (1) The accounts kept by the Agency pursuant to Section 55 of this Law shall be audited by an auditor appointed by the Agency in accordance with the guidelines for appointment of Auditors issued from time to time by the State Auditor-General. (2) The Auditor appointed under this Section in connection with the audit of the accounts of the Agency shall have rights and privileges to demand the production for inspection of books of accounts, vouchers and other documents and papers of the Agency relating to its account. (3) The Agency shall prepare and submit to the Governor through the State Auditor- General not later than 31st July of every year, a report in such form as the Auditor- General may direct on the activities of the Agency during the last preceding financial year.

57. Procedure for instituting legal actions against the Agency. (1) No suit shall be commenced against the Agency before the expiration of a period of thirty (30) days after written notice of intention to commence the suit shall have been served upon the Agency by the intending claimant or claimant's agent, and the notice shall explicitly state: (a) the cause of action; (b) the particulars of the claim; (c) the name and place of abode of the intending claimants; and (d) the relief sought. (2) The notice referred to in subsection (l) of this Section and any summons or other document required or authorized to be served on the Agency, may be served by delivering same to the Headquarters of the Agency.

58. Establishment and Functions of Local Government Offices. (1) There is established in each Local Government Area of the State, offices of the Agency at the Local Government Headquarters, to be headed by a staff of the Agency not below the rank of an Assistant Director, SGL 15. (2) The functions of the Local Government Offices shall be to: (a) ascertain and report to the Headquarters, the status of rural electricity access in their various Local Government Areas; (b) review and report to the Headquarters, the matters connected with or expected to affect the progress of rural electricity access in their respective Local Government Areas; (c) carry out awareness programmes in conjunction with the Headquarters on the usefulness of utilising renewable energy' for rural electricity access; (d) assist a Licensee or Service Provider and any community in the resolution of disputes with respect to the acquisition of land and any kind of infrastructure for the improvement of rural electricity access; (e) assist in the implementation of the Delta State Rural Electrification Development Plan in the Local Government Areas; (f) monitor the activities of Licensees or Service Providers in the provision of rural electricity access; and (g) carry out such other functions as may be assigned to it from time to time by the Headquarters for the purpose of giving effect to this Law with respect to improving rural electricity access in the State.

59. Service Standards and Codes. (1) The Commission shall in consultation with licensees, consumers and stakeholders in general develop the following: (a) consumer service standards; (b) customer complaints handling standards and procedures; (c) procedures for dealing with and assisting customers who have difficulty in paying electricity bills; (d) procedure for applying for electricity services; (e) procedure for disconnecting non-paying consumers/customers, or those in breach of other terms and conditions of an applicable tariff or contract; (f) the information to be provided to consumers/customers and the manner of its dissemination; and (g) internal procedures for responding to emergency situations.

60. Publication of Service Standard Procedure. (1) The Commission shall publish the Service Standard Procedure developed in section 59 of this Law. (2) The Service Standard Procedures in subsection (1) of this section shall be strictly adhered to by the applicable licensees and all persons to which they apply.

61. Licensees Publication of Key Performance Indicators. Licensees shall publish on quarterly basis through their official website or other online media, key performance indicators as it affects service delivery including: (a) technical data related to load, system and equipment; (b) operational parameters; (c) financial data; and (d) customer service indicators and other parameters.

62. Sanction in Default of Publication of Service Standard Procedure and Key Performance Indicators. Any licensee in default of sections 60 (2) and 61 of this Law shall be sanctioned by the Commission in the manner prescribed under this Law or any regulation made pursuant to this Law.

63. Responsibility to Provide, Repair and replace Electricity Infrastructure/Equipment. (1) The responsibility to provide, repair and replace electricity infrastructure/ equipment lies with the Service provider in charge of the supply area and not with the residents or community, consumer or customer. All electricity equipment are automatically the property of the Service Provider. The customer, consumer or community are not co-owners with the Service Provider in its business and cannot therefore be compelled to pay for such equipment. (2) In the event of any damage to any electricity equipment or accessory: (i) the consumer, customer or community shall notify the Service Provider in writing of the damage; (ii) the Service Provider shall within seven days of the receipt of the letter effect repairs of the damages; (iii) where the Service Provider fails to effect repairs after the said seven days in paragraph (ii) of this subparagraph, the consumer, customer or community shall write to the Commission about the damage and intention to repair, and the Commission upon the receipt of the letter shall direct the Service Provider to remedy the damage; (iv) where the Service Provider fails to repair the damage at the expiration of 14 days in line with sub paragraph (i) to (iii) of this subsection, the Commission at the zonal level shall immediately on the 15th day institute a panel to hear and resolve the issues within seven days; (v) the dissatisfied party shall appeal the decision of the Commission at the zonal level to the Commission's headquarters and the appeal shall be concluded within seven days; Provided always that the consumer, customer, community shall be at liberty to effect repairs if the final decision is in its favour. (3) For the purpose of this section, a fair market value ascertained by a Licenced Valuer using standard industry practice shall be conclusive evidence as to the cost incurred by the consumer. (4) The cost incurred in subsection (2) (v) of this section and any other cost approved by the Commission shall be converted to units of payment in line with the approved tariff for the benefit of the customer, consumer or community. (5) It shall be the responsibility of a Service Provider to provide electricity meters to consumers and no consumer shall be billed without a meter.

64. Consumer Protection Regulation. The Commission shall have general powers to develop other consumer protection Regulations for the benefit of consumers/customers in the State.

65. Electricity Policy. (1) From the commencement of this Law, the Ministry shall publish the State Electricity Policy (EP) document which shall detail out the generation and load demand of the State. (2) The EP shall contain: (a) the demography of power flow across the State with a view to setting out the reliability index of the State Electricity Power Network to ensure the State Electricity Market is self-sustaining and will not require Government subventions/subsidies; (b) in details, existing and proposed State electricity power network related infrastructure, comprising generation, transmission, distribution and billing companies; (c) the demography of the State electricity consumer types, sectionalizing the State into load centers, recognizing maximum demand consumers as a priority for planning; (d) in details, investment opportunities, cost implication of investments, forex projections and return on investment potentials; (e) a five-year electricity market projection on all aspects of the State Electricity Power Network; (f) the best market scheme approach for the State which shall be reviewed at every EP review session; (g) an annual stakeholder engagement session forimprovement purposes; and (h) timelines for the operability of proposed investment opportunities. (3) The EP shall be reviewed once every Five (5) years.

66. Exemption of Stamp Duty. Electricity shall be deemed to be goods, wares or merchandise for the purpose of the exemption provisions contained under Section 1 of the Stamp Duties Law.

67. Incorporation of Licences. From the commencement of this Law, no entity shall generate, transmit, distribute or sell electricity in the State except the entity is incorporated under the Companies and Allied Matters Act in force to provide the specific service as contained in its memorandum and articles of association, has a registered address in the State and is licenced under this Law to provide any of the electricity services stated under this Law.

68. Operative Services. (1) The categories of operators' services in the State Electricity Market for which licences are required include: (a) Generation; (b) Transmission; (c) Distribution; Metering/Marketing/Billing; and (d) Meter Asset Assembly/Manufacture. (2) The Commission may also develop other operator categories in line with the provisions of this Law. (3) Each Licence shall be valid for a period of Ten (10) years subject to reviews and other regulations made by the Commission. (4) Licences will not be required for "CAPTIVE" generation in the same location for purposes less than 1 MW generation capacity. (5) Application fees for licences shall be determined by the Commission. (6) Other categories of operators' services which shall be appointed by the Commission to operate in the market include: (a) system operator; (b) market operator; and (c) independent system auditor. (7) All underground cables used by any company must be properly marked with visible signs of the ownership and all professional drawings relating to the plant shall be submitted to the Commission for approval.

69. Service Provider Policy. Licensees shall submit to the Commission a policy document containing the following: (a) a Ten year business plan which shall be reviewed at the end of each projection period; and (b) financial details confirming their financial capacity to undertake licenced business, make payments for services rendered as required by the market and as well accommodate sanction/penalty instances.

70. Business Development Scheme for Rural Areas. For rural areas not covered by the grid, unserved and underserved areas, a special power supply programme will be designed for them based on a business development scheme and managed by the Agency.

71. Registration of Entity under Any Categories of Electricity Services Providers. (1) An entity or its subsidiary, or its holding company, or other interests that control the entity, may be registered under any of the categories of electricity services providers, unless the Commission determines that registering them as such, will constitute market power capable of restricting entry into, competition in, or stultifying the evolution and growth of the State Electricity Market. (2) A licensee may not acquire shareholding in another licensee, and the Shareholders of one licensee may not acquire shareholding in another, to such an extent, determined by the Commission, as to constitute market power capable of restricting entry into, or competition in, or of stultifying the evolution and growth of the State Electricity Market. (3) Where generation and distribution licenses are granted to corporate entities that hold ownership or cross-ownership in each other, or are controlled by the same person or persons, whether incorporated or not, the Commission shall be obliged to establish a special monitoring and surveillance regime for such licensees in their respective license terms and conditions, which regime shall ensure, among other things, the accounting separation of each licensee.

72. Audit Licences. Licensees shall be audited periodically to ascertain their workforce and operations that are in-line with the terms of their licence and must show continuous improvement in their overall level/quality of service and performance.

73. Geographical Restriction of licences. Each distribution licence shall be restricted to a geographical region or Senatorial District in the State or to one or more Local Government Areas of the State.

74. Internet Portal of licensees. Each licensee shall set up an internet portal that is accessible by their customers to obtain and download information on: (a) the terms and conditions of its licence; (b) its core values, service level standards and deliverables which should be interactive for customers to be able to undertake transactions and engage customer care personnel; (c) its customer care standards where applicable; and (d) Real-time data on performance, key performance indicators and metrics that the licensee is obliged to meet and report to the Commission.

75. Compliance with contracts. The Service Provider shall ensure that operations by licensees in the Market shall be on the basis of binding and enforceable contracts, and a licensee shall enter into a number of contracts with any other licensee under another category, for the sale, purchase or transmission of some or all of the services provided by the licensee.

76. Forms of Contracts. All contracts shall be in writing and shall be filed with the Service Providers and the Commission before they become commercially effective and enforceable.

77. Non-alteration of Contracts. The Service Provider and the Commission shall not alter, amend or in any way constrain the performance of a contract duly negotiated and concluded in accordance with this Law.

78. Tariff Methodology. (1) Tariffs or payments for all licenced activities shall be contracted under this Law in accordance with one or more tariff methodologies established by the Commission. (2) A tariff methodology shall: (a) be simple, understandable and free of controversial interpretation; (b) be effective in enabling the licensee recoup over time the total revenue that covers the cost of doing business plus a fair return on the investment; (c) provide stability and predictability of future tariffs; and (d) generate tariffs that are affordable. (3) Prior to approving a tariff methodology, the Commission shall hold a stakeholders' session which shall be published in at least two major national dialies informing the public on the proposed establishment or review of a tariff methodology.

79. General Facilities. All newly installed generation facilities shall: (a) be of technologies not older than fifteen years; (b) be of capacities greater than 50MW, stations with capacities less than this shall be connected in an off-grid instance as mini-grid; and (c) ensure their protection and control facility can prevent propagation of faults from the stations to the grid and from the grid to the station.

80. Transmission Network Voltage. All transmission networks , assets and substations shall: (a) operate at a voltage capacity of 132kv or 66kv; (b) ensure an overall power factor greater than 0.9 and allow a default greater than

0.8 for a specified period as detailed in the State electricity network grid code regulation; (c) be of technologies not older than fifteen years; (d) operate at not more than 80% of their capacity; (e) have Supervisory Control and Data Acquisition (SCADA) system in place to facilitate fast response to issues and shall operate as detailed in the State electricity network transmission code regulation; (f) ensure their protection and control facility can prevent propagation of faults from their network to the grid and from the grid to their network; (g) ensure that all their infrastructure designs and development are in compliance with the right of way regulations; (h) guarantee reliability of power supply at all times and in N-1 instance; and (i) have available spares for all critical assets for prompt maintenance instances, which must be periodically audited as required in the State electricity network transmission code regulation.

81. Voltage for Distribution Companies. All distribution networks, assets and substation shall: (a) operate at a voltage of 11kv or 33kv; (b) ensure an overall power factor greater than 0.9 and allow a default greater than

0.8 for a specified period as detailed in the State electricity network distribution code regulation; (c) ensure that all maximum demand customers have power factor correction schemes in-place to reduce their impact on the overall system reliability; (d) be of technologies not older than fifteen years; (e) operate in at not more than of their capacity; (f) have control systems in place to respond to fault instances and prevent it's propagation from their network to the grid and from the grid to their network and shall be operated as detailed in the State electricity network distribution code regulation; (g) ensure that all infrastructural designs and development are strictly in compliance with right of way regulations; (h) be able to guaranty reliability of power supply at all times and in an N -1 instance; and (i) have available spares for all critical assets for prompt maintenance instances, which must be periodically audited as detailed in the State electricity network distribution code regulation.

82. Billing and Meter Companies Agreement. (1) All billing companies shall have a valid agreement with a meter assembly/manufacturing company to ensure prompt meter installations and repairs/replacements. (2) All meter installations shall be handled by the meter assembly/manufacturing company or their agents directly and not by the billing companies. (3) All meters shall be recertified at least once every five years. (4) All billing companies shall ensure strict compliance with regulations as relates to customer billing, complains handling and connection/disconnection to and from grid supply.

83. Offences and Penalties. (1) Upon the commencement of this Law: (a) a person who willfully and unlawfully: (i) taps, makes or causes to be made any connection with overhead, underground or under water electricity lines or cables, or service wires, or service facilities of a licensee; (ii) tampers with a meter, installs or uses a tampered meter, current reversing transformer, shorting or shunting wire, loop connection, receives electricity supply by by-passing a meter, or uses any other device or method which interferes with accurate or proper registration, calibration or metering of electric current or otherwise results in diversion in a manner where electricity is stolen or wasted; or (iii) damages or destroys an electric meter, apparatus, equipment, wire or conduit or causes or allows any of them to be so damaged or destroyed as to interfere with the proper or accurate metering of electricity, so as to abstract or consume electricity; commits an offence and is liable on conviction to a term of Ten (10) years imprisonment. (b) a person who knowingly uses or receives the direct benefit of electric service through any of the acts mentioned in paragraph (a) of subsection (1) of this section or uses electricity for a purpose other than that for which the usage of electricity was authorized so as to abstract or consume or use electricity; commits an offence and liable on conviction to at least (5) five years imprisonment or a fine of one million naira or both; Provided that where the load abstracted, consumed or used or attempted abstraction or consumption or used: (i) does not exceed 0.1 kilowatts, the fine imposed on first conviction shall not be less than five (5) times the financial gain on account of such theft of electricity and in the event of a second or subsequent conviction the fine shall not be less than ten (10) times of the financial gain on account of such theft of electricity or ninety (90) days of community service or thirty (30) days imprisonment; (ii) exceeds 0.1 kilowatts, the fine imposed on first conviction shall not be less than three (3) times the financial gain on account of such theft of electricity and in the event of second or subsequent conviction, the sentence shall be imprisonment for a term not less than six (6) months but which may extend to five (5) years and with a fine of not less than six (6) times the financial gain on account of such theft of electricity; (iii) in the event of a second and subsequent conviction of a person where the load abstracted, consumed, or used or attempted abstraction or consumption or use exceeds 10 kilowatts, such person shall also be barred from getting any supply of electricity for a period which shall not be less than three (3) months, but may extend to two (2) years and shall also be barred from getting supply of electricity for that period from any other licensee; Provided further that if it is proved that any artificial means or means not authorized by the Commission or licensee exist for the abstraction, consumption or use of electricity by the consumer, it shall be presumed, until the contrary is proved, that any such abstraction, consumption or use of electricity has been willfully and unlawfully caused by such consumer. (c) Without prejudice to the provisions of the Criminal Code Law, or any other Regulation, the ligensee, may, upon detection of such theft of electricity, immediately disconnect the supply of electricity; Provided that a duly authorized officer of the licensee shall disconnect the supply line of electricity and shall lodge a complaint in writing of such offence to the police in the locality where the offence was committed within three (3) days from the date of such disconnection and to the Commission within five (5) days of such disconnection. (d) The licensee on receipt of payment of the assessed amount or electricity charges as well as meeting other conditions in accordance with the provisions of this Law, shall without prejudice to the obligation to lodge the complaint as referred to in paragraph (c) of this subsection, restore the supply of electricity within Forty- Eight (48) hours of meeting such conditions. (e) A licensee may deny service to a consumer with a history of unauthorized use, if service has been disconnected in compliance with the provisions of the Commission's Disconnection Regulation to the consumer at least twice in the past Two (2) years, notwithstanding any other administrative rules or statute if it is determined that denying service to the consumer would prevent the reoccurrence of the unauthorized use. (2) (a) A person who willfully and unlawfully: (i) cuts or separates, slits, severs, smelts, removes or takes away or transfers any electric line, material or meter from any tower, pole, or from any other installation or place of installation or any other place or site where it maybe rightfully or lawfully stored, deposited, kept, stocked, situated or located including during transportation whether or not the act is done for profit; (ii) stores, possesses or otherwise keeps in that person's premises, custody or control, any electric line, material or meter whether or not the act is committed for profit; (iii) loads, carries away or moves from one place to another with or without the use of a motor vehicle or other means of conveyance, any electric line, material or meter from a tower, pole, any other installation or place of installation or any place or site where it may be rightfully or lawfully stored, deposited, kept, stocked, situated or located whether or not the act is done for profit; Commits an offence of theft of electric lines or materials and shall be liable on conviction to imprisonment for ten years. (b) If a person having been convicted of an offence punishable under subsection (2) (a) of this Section is subsequently convicted for the same offence, that person shall be liable for the second or subsequent offence to a minimum term of fifteen years imprisonment. (3) A person who willfully or unlawfully: (a) destroys, damages or removes any electricity infrastructure or equipment; (b) prevents or obstructs the delivery of electricity by means of the infrastructure or equipment; commits an offence and shall be liable on conviction to a fine of three times the value of any such infrastructure as may have been destroyed or a term of not more than ten years imprisonment or both.

(4) A person who willfully and unlawfully obstruct s, restrains, prevents, harasses or injures any person lawfully carrying on duties of generation transmission or distribution of electricity commits an offence and on conviction is liable to a fine of not less than One Million Naira (N1,000,000.00)or to a term of imprisonment of not more than Five (5) years or both. (5) A person who impersonates or falsely presents or parades himself/herself as an employee of a licensee commits an offence and on conviction is liable to a fine of Two Hundred and Fifty Thousand Naira (N250,000.00) or a term of imprisonment for Six (6) months or both. (6) If any person contravenes or fails to comply with the provisions of any regulation made under this Law, the Service Provider may cut off the electricity supply and cause electricity connections belonging to or used by that person which are not in accordance with the requirements of the regulations of the Commission to be altered, repaired, replaced or removed and any expenses reasonably incurred by the Service Provider shall be recovered from the person in default in the manner provided for the recovery of electricity rates.

84. Cost of the removed or destroyed Electricity Distribution Transmission Line. For the purpose of this Law, a fair market value ascertained by a Licenced Valuer using standard industry practice shall be conclusive evidence as to the cost of the removed or destroyed electricity distribution or transmission line or anything connected to it.

85. Procurement to commit an offence. (a) A person who: (i) aids, counsels, abets or procures any person to commit an offence under this Law; (ii) conspires with any person to commit an offence under this Law, whether or not such person is present when the offence is committed; commits an offence as a principal offender and is liable on conviction to a fine of not less than One Million Naira (N1,000,000.00) or to a term of imprisonment of not more than Five (5) years or both. (b) Without prejudice to any penalty or fine which may be imposed or prosecution which may be initiated under this Law or any other Law, if any employee of a licensee enters into or acquiesces in any agreement to do, abstain from doing, permit, conceal or connive to do any act or thing where any theft of electric lines, or destruction is committed, such officer commits an offence and is liable on conviction to a fine of not less than One Million Naira (N1,000,000,00) or to a term of imprisonment of not less than five (5) years or both.

86. Consequences of receiving stolen electric lines. A person who receives any stolen electric line or materials, installations, property, equipment or infrastructure in parts or in whole, commits an offence under this Law, and shall be liable upon conviction to a fine of not less than One Million Naira or a term of imprisonment of not less than two years or both.

87. Consequence of supplying electricity without registration. Where a non licenced entity supplies electric power, such entity commits an offence and is liable on conviction to a fine not less than Five Million Naira (N5,000,000.00)and a daily fine of up to Five Hundred Thousand Naira (N500,000.00)for continuing contravention.

88. Contraventions of terms and conditions of licence. Where the Commission has confirmed that a licensee has contravened any term or condition of its licence, the Commission shall: (a) make an order requiring the licensee to refrain from doing such things as are specified in the order for the purpose of correcting or avoiding any contravention ofsuch term or condition of its licence and stipulating the period within which any requirement referred to in the order shall be commenced and completed;" (b) specify a fine not exceeding Five Hundred Thousand Naira ($4500,000.00) as penalty for each day that the licensee is in default of compliance with the order.

89. Consequences of Public Nuisance or Threat to Public Safety by Service Providers Upon the commencement of this Law: (a) a Service Provider that makes a wrong connection, leaves electricity cables dangling, abandons or keeps conductors and electricity poles or any other accessory in such a manner as to cause public nuisance or threat to public safety; commits an offence is liable to a fine of Ten Million Naira (N10,000,000) and if such infraction is not remedied within 14days, the company shall be liable to a fine of One Million Naira (N1,000,000) for each day thereafter. (b) a person or company who operates a power generating plant without the approval of the Commission commits an offence. Where the is an individual is liable to a fine of Five Million Naira or imprisonment of 6 months or both and in the case of a company to a fine of Twenty' Million Naira (N20,000,000).

90. Responsibility for Offences committed by Incorporated Entities. Any entity that violates the provision of Section 67 of this Law; commits an offence and is liable to a withdrawal of its licence and in addition, to a fine of Five Hundred Thousand Naira (N500, 000.00) for each day the violation continues.

91. Consequences of a Service Provider requesting or demanding for Installation or repair of Electricity equipment. (1) Pursuant to the provisions of section 63(1) of this Law, it shall be an offence for any Service Provider to request or demand that a customer, consumer or community should pay for the installation or repair of electricity transformers, poles or related equipment used to supply electricity in the State. (2) Any Service Provider who contravenes the provisions of subsection (1) of this Section shall be guilty of an offence and liable to pay a fine of Five Million Naira (5,000,000.00). (3) Customers, consumers and residents of any community are to lodge any violation of this Section by Service Providers to the Commission.

92. Liabilities inclusive of payment of compensation. The penalties imposed under this Law shall be in addition to any liability in respect of payment of compensation.

93. Applicability of the Law to offences committed by office or staff of the Licensee. (1) Where an offence under this Law has been committed by an entity, company, firm, corporation or association, every person who was in charge at the time of the commission of the offence as well as the entity shall be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly. (2) Notwithstanding anything contained in subsection (1) of this Section, where an offence under this Law has been committed by an entity and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary, partners or other officer of the entity, such director, manager, secretary or other officer shall be liable to be proceeded against and punished accordingly.

94. Liability of Licensee. (1) Where a Court acquits a defendant, the amount deposited shall be credited against future billings, with legal interest chargeable against the licensee, and this shall be without prejudice to any criminal, civil or administrative action that such person may be entitled to under existing laws, rules or regulations. (2) Where a Service Provider knowingly permits or has knowledge of the commission of an offence stipulated in this Law, but fails to prevent same, such Service Provider is negligently liable and shall be made to pay a fine not exceeding Three (3) times the amount of the differential billing. (3) A licensee shall not transfer to its customers the liability of paying any fines/penalties levied against it under this Law or regulation. (4) Any licensee who contravenes or condones the contravention of subsection (3) of this Section, shall be liable to a fine equal to ten (10) times the value of the amount transferred to its customers.

95. Jurisdiction of the court to try offences. For the purpose of this Law, the Chief Judge of the State shall designate at least one court within each senatorial district of the State with special jurisdiction to try electricity offences.

96. Powers of the Governor to give Directives. The Governor may give the Commission such general directives as to the discharge of its functions under this Law as may appear to be necessary to ensure conformity by the Commission with the policy of the Government, in respect of the supply and distribution of electricity in the State and the Commission shall give effect to such directives.

97. Savings and Transitional Provisions. (1) All existing electricity installations which were the property of the State immediately before the enactment of this Law and any future electricity installations and assets owned by the State shall by virtue of this Law, vest in the Commission. (2) All liabilities and obligations of the State in respect of any transferred Electricity Installation failing to be discharged on or after the appointed day, shall from that date, become the liabilities and obligations of the Commission. (3) Every deed, bond, agreement, instrument and working arrangement in which the State was party for the construction of any transferred Electricity installation shall, subject to the provisions of this Section, and unless the circumstances otherwise require, have effect from the appointed day as if: (a) the Commission had been a party to it; (b) any reference to the State in the contract document shall be substituted after the appointed day for the Commission. (4) Anything done or purported to have been done under the Delta State Electric Power Sector Law, 2022 remains valid unless and until the contrary is proven, be presumed to be so effective.

98. Repeal of Section 12 (i) of the Delta State Rural Development Agency Law, 2001. The provisions of Section 12 (i) of the Delta State Rural Development Agency Law is hereby repealed.

99. Repeal of the Delta State Power Sector Law, 2022. The Delta State Power Sector Law, 2022 is hereby repealed.