Tag: NERC

  • Reps, NERC disagree over N2.7bn alleged severance pay

    Reps, NERC disagree over N2.7bn alleged severance pay

    Members of the House of Representatives Committee on Power and the National Electricity Regulation Commission (NERC) were at loggerheads Tuesday over the alleged approval of N2.7 billion as severance for the Chairman and commissioners in the establishment.

    The drama occurred during the investigative hearing into the alleged plan by board members to pay themselves N2.7 billion as severance package at the end of their five- tenure expiring end of December.

    While the committee headed by Daniel Effiong insisted that the NERC breached the Act establishing it and other laws including the Pension Act, Sam Amadi, the Chairman of NERC insisted that they did the right thing as the Act establishing the NERC gives them the prerogative to set their renumeration including severance for staff.

    The House had on Wednesday 4th November mandated its Power Committee investigate the planned payment of N2.7 Billion severance to NERC board members.

    The lawmakers said NERC board fixed its enumeration package for commissioners and staff without the input of National Salaries, Income  and Wages Commission, adding that besides this, the organisation fixed an upward review of its enumeration package for commissioners and staff unilaterally even beyond the scope of the Income  and Wages Commission’s benchmark.

    The committee members wanted know why N2.7 billion was immediately transferred on the 5th of May after a board resolution on 16th of April 2015 from Unity Bank. And why NERC now sent a letter to PENCOM in October for guidance for an act executed in May.

    “Do staff earn severance? Where is the money from? Is it a monthly contribution?” Committee members wanted to know.

    Amadi lamented that the issue of a N2.7 billion severance package was caused by a case of “reckless reportage” by a newspaper, adding that they would be suing the paper for libel.

    “Some reckless reporting has created the situation. Its libelous. We did not approve to pay ourselves 2. 7 billion,” he said.

    He said the amount was the total amount for 131 staff plus seven commissioners. “The amount is the evaluation of what we need to put in the sinking fund. Right now, only 11 members have benefitted.”

    The lawmakers also wanted to know the genesis of the upward review of the gratuity of retiring members of NERC board from a 2006 benchmark of 300 percent of basic salary to 120 percent of gross overall earnings in 2014.

    They demanded to know the amount board members would be paid at the end of their five year tenure.

    But Amadi declined to publicly declare the answers saying its in the document before the lawmakers.

    However, Richard Egbule, chairman of the National Salaries, Income  and Wages Commission, compounded Amadi’s case when he declared to the  committee that his commission did not approve the introduction of a severance package for NERC board members.

    He said NERC board members, according to the Act which guides the Wages commission, are not qualified for severance packages.

    However, as the session was ongoing, the Minister for Power, Works and Housing, Mr. Babatunde Raji Fashola appeared before the Committee briefly.

    The committee members however granted his request for more time to make a proper presentation on the oversight functions of the Ministry on NERC since the un-bundling of the power sector.

    Fashola, who was earlier represented by Bolanle Laditan, Director of Electricity Reform Coordination, told the lawmakers that heads of agencies and departments within the ministry were still briefing him on issues affecting the ministry.

    He was given a week by the committee to represent the position of the ministry.

  • Ex-minister Nnaji raises alarm over electrocution cases

    Ex-minister Nnaji raises alarm over electrocution cases

    A former Minister of Power, Prof. Barth Nnaji Thursday raised alarm of the growing incidents of electrocution in Nigerian Electricity Supply Industry (NESI).

    Speaking during a stakeholders’ forum organised by the Nigerian Electricity Management Services Agency (NEMSA) in Abuja, he tasked the agency on technical enforcement, which he said the Nigerian Electricity Regulatory Commission (NERC) lacked the capacity to address prior to the establishment of the latter.

    He advised the agency that the only way it can address the danger of electrocution is to ensure proper installation.

    Nnaji said: “And installation -the wiring. The way you install wires in the country needs to be assured that they are safe. So this must be a responsibility and unfortunately for us we have a lot of accidents recently people die of electrocution in various parts of the country.

    “And the only way you can ensure that this is not going on is to ensure that installations are done properly, and that people are not exposed to danger.  And there must be an agency that does this. So that is what NEMSA is supposed to do.”

    The former minister recalled that the failure of the Nigerian Electricity Regulatory Commission (NERC) to do technical enforcement led to the creation of a new enforcement agency last year.

    He was among the experts that initiated the Electric Power Sector Reform Act (EPSRA) 2005 that created NERC, NEMSA and other agencies in the power industry.

    He said: “What we wanted to do (in the reform) was to say the Inspectorate Division of the Ministry of power should be a department for regulating technical services. We wanted NERC to take it but perhaps the managers of NERC didn’t understand that aspect, because we have business regulation and then the technical aspect.

    “Somebody has to maintain the technical aspect, and so it did not happen. So the inspectorate division became the engine that created NEMSA. People wondered what was going on then and it became a fury during the process of creating NEMSA,” Nnnaji explained.

    Recall that NERC had opposed the transfer of the former Electricity Management Services Limited (EMSL) to the present NEMSA alarming a case of double regulation. NERC is presently enmeshed in reports about its huge salary and lump-sum N2billion severance package for its seven outgoing ministers next month. It was summoned by the National Assembly along with concerned agencies to explain the remuneration structure, Thursday.

    Nnaji who urged for tougher sanctions, charged NEMSA to enforce all statutory standards and regulations as published by NERC saying, “Unfortunately we have had some accidents recently with people dying of electrocution. So there has to be an agency that enforces safety needs.”

    He also advised the prospective commissioners of NERC from JAnaury 2015 to sit with the leadership of NEMSA and define the roles of market regulation by the Commission and that of technical enforcement by NEMSA.

    The Managing Director of NEMSA, Engr. Peter Ewesor at the forum said the task before the agency in enforcing technical standards and electricity safety is quite enormous requiring the collaboration of stakeholders in the industry towards realizing the objectives.

    Meanwhile the Minister of Power Works and Housing, Babatunde Fashola has said government will no longer condone the frequent incidences of electrocution, system collapse arising from the use of substandard materials and equipment in the power industry.

    In a keynote speech obtained at the forum, he said: “This administration is mindful of the sanctity of lives of Nigerians and other electricity consumers and would therefore not condone frequent incidences of electrocution and other forms of accidents in the industry due to use of substandard materials and equipment and poor state of electricity supply networks as well as frequent system collapses.”

    While inaugurating the forum, Fashola appealed to the owners of privatised Generation companies (Gencos) and the Distribution companies (Discos) to redouble their efforts at providing efficient electricity to their customers.

    The Minister of State, Hon. Mustapha Baba Shehuri on his part said “The present government will continue to hold you responsible if you fail to act according to NEMSA Act 2015. You must live to your statutory functions and your commercial opportunities to earn more revenue to sustain your operation.”

    The Permanent Secretary, Power, Louis Edozien said there are limited infrastructure to provide electricity and that they are marred by the use of substandard materials. He noted that NEMSA is statutorily mandated to correct this and that it has his full support.

    NEMSA in its bid to enlighten the public in helping to reduce electrical accidents launched its ‘Safety Instruction Guide’ publication. Prof. Nnaji who presented the guide tasked the Discos to distribute it to their customers while creating awareness on where victims of electrical accidents can access NEMSA clinics for immediate treatments.

  • NERC fines Abuja power firm  N18m over kid’s electrocution

    NERC fines Abuja power firm N18m over kid’s electrocution

    The Nigerian Electricity Regulatory Commission (NERC) has imposed a fine of N18million on Abuja Electricity Distribution Company (AEDC) over the electrocution of eight-year old Faith Yakubu at Anguwan Dodo, Gwagwalada, the Federal Capital Territory (FCT), which is within the firm’s distribution franchise area.

    In a resolution, NERC uphold the recommendations of its Panel Report of Accident Investigation which found the distribution company (DISCo) liable of negligence.

    The resolution of the Commission on the accident read:  “AEDC shall pay N18, 000, 000. 00 as compensation to the family of Faith Yakubu and communicate same to the Commission accordingly.

    “AEDC should ensure that the surviving four month old child undergoes medical check up in a recognised hospital and evidence presented to the Commission for further directives.”

    The DISCo was directed to carry out regular safety enlightenment campaign in accordance with the Nigeria Electricity Safety Manual and Nigeria Electricity Safety Code.

    AEDC was also directed to adequately train its workers on market regulations as well as ensure that its Marketing Units are provided with competent technical staff with the sole responsibility of carrying out the function of connection and disconnection of customers when all conditions for disconnections in line with NERC’s regulations have been met.

    The accident occurred when a worker of AEDC disconnected the wire feeding the Yakubus’ residence over allegation of accumulated bills and left the wire lying on the ground even as he failed to disconnect supply from the transformer.

    The deceased, in her innocence, was running an errand with the surviving four month old baby boy strapped on her back, grabbed the wire in an attempt to cross over the naked wire when she got electrocuted. The baby on her back survived the accident.

  • TUC kicks against N2.7b cash for NERC board

    TUC kicks against N2.7b cash for NERC board

    The Trade Union Congress (TUC) yesterday opposed the proposed payment of about N2.7 billion as severance allowance and gratuity to Nigeria Electricity Regulatory Commission (NERC) board members. The group described the proposal as a reflection of the fact that the agency has lost touch with prevailing economic realities.

    A statement by Comrade Bobboi Bala Kaigama and Musa Lawal, president and secretary-general, warned that paying that huge sum of money at a time the government is suffering from cash crunch would be a disservice to the people.

    The statement reads: “The attention of the TUC has been drawn to reports of a resolution by the board of the NERC to pay the sum of N2.7billion to just seven of its members whose five-year tenure expires on 22nd of December, 2015. We consider the report as the most expensive jokes in recent times.

    “The sum of N400 million is said to be projected for the Chairman of the Commission and N380 million for other members of the board.  This is happening at a time when both the federal and state governments are crying over financial challenges. This can best be described as the peak of insensitivity and cruelty.”

    The workers wondered why only seven government employees should be paid salaries upfront for two years after leaving office during which they would not be eligible to work in the power sector.

    TUC said the situation becomes worse as the colossal sum of money, curiously termed “severance and gratuity,” includes the cost of their official cars, phone calls, electricity, rebate allowances, and others for their ‘part-service years.’

    “How much does an average retiring civil servant who has served the country for 35 years get as severance benefits and gratuity? How justifiable is it for board members of a commission that tactfully midwived the ripping-off of Nigerians be paid such mind boggling sum of money for five-year “service” to their fatherland? Why must the people at the lower rung of the ladder always be made to subsidise the greedy and insatiable appetites of the privileged few? The workers asked rhetorically.

    The group said the NERC board members premised their claim on their proposed self-aggrandisement on the argument that their predecessors also received the same largesse.

    “Furthermore, does the recent slump in price of oil in the international market from between $80 and $90 per barrel to between $45 and $50 not suggest the need for more frugal management of our national wealth? What rationale do these board members who championed crazy policies and bills to validate hike in electricity tariff have for their nauseating craving for such unholy windfall? The group asked rhetorically.

  • New electricity tariff coming in November, says NERC

    New electricity tariff coming in November, says NERC

    new electricity tariff will come into force before November 15, the Chief Executive Officer, Nigerian Electricity Regulatory Commission (NERC), Dr Sam Amadi said yesterday.

    The Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN), human rights groups, and other consumers are opposed to a  hike in electricity tariffs. But NERC has fixed between October 30 and November 12 for the implementation of new electricity tariff.

    Amadi said there were on-going efforts to have a cost effective tariffs in Nigeria, adding that the tariffs would be implemented latest November 12.

    Amadi, who was a special guest on a national television programme monitored by our correspondent in Lagos, said the new tariffs are not going to be uniform, since there are various classes of electricity consumers in the country.

    He said some power distribution companies (DISCOs) will slightly increase their tariffs by between 20 per cent and 30 per cent, while others would impose more than 40 per cent tariffs on their customers.

    He said: ‘’ From what the DISCOs have submitted to the Commission, there are ranges of tariffs for consumers of electricity. In few DISCOs, consumers would see slight increase in tariffs of between 20 per cent and 30 per cent, while it would be higher let say 40 per cent thereabout (in others).  The charging of tariffs would be based on the cost profile of the DISCOs, the number of customers available to them and the quantity of power available to them.”

    He said the new tariffs are going to reflect the true position of things in the power sector, given the fact that the power firms are bedevilled with financial problem.

    ‘’We are introducing new electricity tariffs in November 2015 in order to capture the realities that the DISCOs are bringing to the sector.  The realities include debts owed the DISCOs; the increase in the price of gas and  rising cost of financing infrastructure used by both the power distribution and generation companies. “We are not changing the scientific methodology of fixing electricity tariffs, but we are introducing new tariffs to capture the realities on ground in order to ensure operational efficiency in the industry,’’ Dr. Amadi added.

    According to him, the country needs to generate 20,000 megawatts (Mw) of electricity before power can be stabilised.

    ‘’Conservatively, 20,000 Mw of electricity is needed to have stable electricity in Nigeria. The reason why the country needs 20,000 Mw of electricity is because not everybody in Nigeria is connected to the national grid. For instance, Dangote Group is off-grid, so also are other companies that we cannot include them in the 20,000Mw estimate,’’ he said.

  • Consumers, MAN, CSO reject electricity tariff hike

    Consumers, MAN, CSO reject electricity tariff hike

    Electricity consumers, acting under the aegis of Nigeria Electricity Consumer Advocacy Network (NECAN), the  Manufacturers Association of Nigeria (MAN) and a group,  Say No Campaign-Civil Society Organisation (CSO), yesterday rejected attempts by the Nigeria Electricity Regulatory Commission (NERC) to hike electricity tariff.

    Representatives of the groups, who spoke during public consultation on  Extra-Ordinary Tariff of the Nigeria Electricity Regulatory Commission (NERC) in Abuja, urged the power firms to first work on efficient power supply before tinkering with tariff hike.

    The commission had presented the distribution companies (Discos’) proposed new tariff, which indicated that R2 customers of Abuja Disco will have 79 per cent increase, Benin Disco 63 percent and EKo Disco, 25 per cent.

    Similarly, the R2 customers of Enugu would get 103 per cent increase, Jos, 55per cent, Ibadan, 28 per cent among others.

    But the opponents of the tariff hike complained about the refusal of the Discos to provide meters for their customers and lack of power supply.

    An official of MAN, who spoke during the meeting, said NERC was putting cart before the horse by thinking of tariff hike at a time there was no electricity to supply.

    NECAN’s Assistant Secretary, Mr. Oboma Ekoh said: “NECAN is totally opposed to any tariff increase at this moment.”

    According to him, the association did a survey in all the states of the federation and the Federal Capital Territory, adding that the response was very clear. “There is an outcry from Nigerians that any increase in electricity tariff will amount to very serious consequences, especially to the micro, small enterprises,” he said.

    He said the businesses of his members are sustained by electricity, warning that any hike will send them to to the labour market.

    CSO convener, Mr. Ezenwa Nwagwu   accused the regulator of colluding with the power firms at the detriment of the citizens.

    According to him, the customers supplied cables, transformers and other electricity components, lamenting that   what they get in return is tariff hike instead of power supply.

    Asked to comment on alleged inefficiency of  the Abuja Electricity Distribution Company and whether the firm still deserves any hike, NERC Chairman Dr. Sam Amadi, said there is a level of inefficiency caused by lack of effectiveness of the distribution companies.

    He however noted that “tariff is not a means of punishment. A tariff is something you are entitled to.”

    Amadi said  the firms need cost-reflective tariff to be efficient.

  • Reps kick against electricity tariff increase

    Reps kick against electricity tariff increase

    • NERC boss summoned

    The House of Representatives has urged the management of the National Electricity Regulatory Commission (NERC) to stop electricity Distribution Companies (DISCOs) from the planned upward review of electricity tariff.

    NERC has also been asked to appear before a House panel to explain the justification for the planned review and how Nigerians would not be negatively affected.

    Furthermore, to ensure that Nigerians get value for their money, the lawmakers have also directed NERC and DISCOs to immediately begin the provision and installation of prepaid meters to every consumer nationwide.

    The decision of the lawmakers followed the adoption of a motion by Solomon Maren (PDP, Plateau), who regretted that as a consequence of the comatose power generation and distribution system, many industries have collapsed.

    Besides, the House resolved against further collection of flat  maintenance or service fees by the DISCOs which were termed illegal and not in tandem with best practices.

    “It should be of concern that the NERC has directed all the DISCOs to comply with the directive for upward review of tariff  because there are attempts by the DISCOs to devise another way of collecting these monies under another guise.

  • New electricity tariff becomes effective in October

    New electricity tariff becomes effective in October

    • NERC targets 100% revenue collection

    • Eko Disco to abolish fixed charge

    The Nigeria Electricity Regulatory Commission (NERC) is targeting 100 per cent revenue collection when the new tariff is effected in October.

    Speaking with The Nation in a telephone conversation yesterday, its Chairman, Dr. Sam Amadi said the Distribution Electricity Companies (Discos) which are looking forward to tariff and revenue increase are yet to ramp up their payment.

    According to him, the power distribution firms are however paying gradually.

    He said: “The Discos are paying and we are expecting revenue increase. We are working on a new tariff . But the Discos are yet to ramp up payment. They are paying gradually.

    “We are expecting more improvement in tariff and revenue collection.  We expect them to do 100 per cent as we are going when the new tariff becomes effective in October.”

    Meanwhile, the management of Eko Electricity Distribution Plc (EKEDP) yesteray said it plans to abolish monthly fixed charges on its consumers.

    Its Chief Executive Officer, Mr Oladele Amuda who spoke at a stakeholders forum in Lagos, said the company would present the proposal to NERC for approval.

    “The company is proposing to abolish fixed monthly tariff charge from their bills but this has to be approved by NERC.

    “I can assure you that if NERC approves the abolition of fixed charge by October, we will start to implement it immediately,” he said.

    The chief executive officer urged consumers within the zone to embrace cost reflective tariff to enable the company serve them better.

    Amuda lamented that the company is constrained by the present tariff regime which was not cost-reflective.

    He said the new proposed tariff was N25 per kilowatt instead of the N17 per kilowatt that was being used to charge now.

    Amuda said with the new tariff, the company would have sufficient money to change many transformers and conductors.

    He said the company has engaged two Nigerian meter manufacturers to supply 50,000 prepaid meters outside Credit Advancement Payment Metering Installation (CAPMI) scheme.

    He said these would be given to consumers with faulty meters and to replace all old meters.

    Amuda assured that all consumers would be metered but advised consumers that could not wait to apply under CAPMI scheme.

    He said the company had installed 34,565 prepaid meters to consumers in the zone under the scheme.

    In a related development, the  Transmission Company of Nigeria (TCN) has sent out 4,008.53 Megawatts (Mw) to Discos, according to the Power Statistics of the Federal Ministry of Power.

    Following the statistics which the ministry posted on its website yesterday, energy supply only dipped by 4.86Mw from the 4,013.39Mw sent out on  September 16.

    The TCN however recorded a spinning reserve or stranded power of 89.78Mw that it could not wheel out of the 4 098.31Mw produced by the electricity generation companies (Gencos) .

    Energy generated that was 4,099.72Mw on September 16 however dipped slightly to  4,098.31Mw on Sunday, indicating a relatively steady average power generation in the electricity market in 10 days.

    The market however dropped from the 4,735Mw peak energy generation of September 16 to 4,405.3Mw last Sunday, resulting in gap of 329.7Mw.

    In NESI, the highest power power generated is still the  4,810.7 Mw of August 25.

    On the power generation, the chairman said there was fire outbreak in Kainji last week, adding were it not for this, power generation would have exceeded the aforementioned result.

    Amadi added that power generation is also expected to increase very soon when the Calabar Power Plant comes on stream.

  • Tariff hike: NLC, CNPP, consumers plot against NERC, operators

    Tariff hike: NLC, CNPP, consumers plot against NERC, operators

    The plans to review electricity tariff  has provoked customers of the distribution companies. The Nigerian Labour Congress (NLC), the Conference of Nigeria Political Parties (CNPP) and others are angry. The consumers warn against a price hike in the face of a metering deficit, low investments in infrastructure and lingering insufficient supply.  JOHN OFIKHENUA, reports.

    Should the Nigerian Electricity Regulatory Commission (NERC) and the Presidency approve the new tariffs being proposed by the Electricity Distribution Companies (DISCOS) and Generation Companies (GENCOS), two options will be opened to customers – to pay and depend on the firms for the utility or, find alternative power source.

    If the plans are anything to go by, customers of the Abuja Electricity Distribution Company (AEDC) will record 25 per increase, Benin Electricity Distribution Company (BEDC) will have to contend with 21 per cent hike,  Ibadan Electricity Distribution Company (IEDC) have a marginal  1.76 per cent increase to cope with. The Enugu Electricity Distribution Company (EEDC) have 19.25per cent rise to bear.  The commission’s Principal Manager, Market Competition and Rates, Aisha Mahmud, dropped the hint at a presentation to stakeholders in the sector, including the generating and distribution companies, of the Consumer Forum and others last Tuesday at Abuja. There was no information yet on what customers of  Port Harcourt, Ikeja, Eko and other companies will paying at the frozen point to allow a comparative analysis of their new tariffs.

    The upward review in tariff is coming with some contrasts that could confuse analysts to simply admit that NERC is doing electricity consumers the favour of reducing the tariff.  Truly, the commission had last year frozen the tariff at a period that the customers were expected to pay more for electricity following its bi-annual minor review. The Federal Government suspended the implementation of the said tariff increases that would have been effective from July, barely two months into President Muhammadu Buhari’s presidency.

     

     

    NERC tinkers with tariff

     

     

    But, today, NERC is reviewing the tariff in accordance with its order. The baseline for the new review is April 30, when power supply achieved marginal increase over the output recorded in the last review that was not implemented.

    Following the surge in power supply in the period under review, the average cost of electricity fell, necessitating customers to pay less. Although the tariff will be lower than the one that was not implemented, it is still higher than what it was when it was frozen last year – the price that is still effective. That the new tariff will be effective retroactively from July this year shows that the customers would pay arrears from July.

    In his opening remarks at the stakeholders’ consultation forum, NERC chairman Sam Amadi noted that the public hearing was for a minor review of the few indicators that the electricity market had to track. Dr. Amadi exonerated the commission from the outcome of the review which he attributed to economic fundamentals.

    He said: “Our job is to track them; we don’t manufacture them; we don’t create them, but we track them to ensure that they are actually reflected in the modem. We retrieve them from the official sources that are authorised by law. So, whatever you see here know that we traced the macroeconomic data as they develop over the months and feed them into our formula so that the outcome will be clear to all. The chairman urged the consumers on active participation since the burden will always fall on them. Amadi asked the advocacy network to help mobilise consumers for participation in the public hearing.

    Taking the stakeholders through the procedures and variables the NERC adopted for the review, Mahmud insisted that Section 76(8) of the Electric Power Sector Reform Act conferred the powers for adoption of a tariff methodology, the Multi-Year Tariff Order (MYTO).

    The MYTO, according to her, provides a 15-year tariff path for the  electricity industry, with minor reviews bi-annually in the light of changes in a limited number of parameters (such as inflation, exchange rate, gas prices, and generation capacity) and major reviews every five years, when all the inputs are reviewed with the stakeholders.

    But, for this ongoing bi-annual review, Mahmud stressed that NERC obtained the data on the official rate of inflation and exchange rate for the period ending April 30, 2015, from the website of the Central Bank of Nigeria (CBN). It also requested information on generation capacity as at April 30 from the System Operator (SO) of the Transition Company of Nigeria (TCN) and also studied the daily generation report of the SO.  The commission requested for information from the Nigeria Bulk Electricity Trader (NBET) on tested capacity for all generators.

    The inflation rate that NERC received from the CBN, said Mahmud, shows a figure of 8.3 per cent as at April 30, but MYTO2 had an assumption of 13 per cent inflation rate. Subsequently, after the 2014 minor review, the inflation rate was reviewed down to 7.8 per cent.

    On exchange rate, she said that the data from the apex bank website shows an exchange rate of N197 to $1 as at April 30. MYTO-2 was benchmarked at the N178 to $1, noting that MYTO-2 also allows a charge of one per cent above the CBN rate to cover Letter of Credit and other bank charges. She said that the adopted exchange rate for the review was therefore CBN’s exchange rate +1 per cent which equals 198.97.

    Mahmud explained that gas prices had been regulated since the adoption of the MYTO in 2008 and the regulated prices were applied in the 2012-2016 price regime. She added that the Federal Ministries of Petroleum Resources, Power, the CBN and NERC reached an understanding in August last year on a gas price of $2.50/mmbtu and transport cost of $0.80/mmbtu.  There was a decision that the gas transportation cost of $0.30 should remain until the GENCOS prove otherwise like the Geregu Power Plc., which stated in its gas transportation agreement with $.75.

    In terms of generation capacity, she noted that the system operator’s daily report was used to derive the data which the commission adopted for the minor review. She said that the average peak capacity is 3,832MW while average power sent out capacity is 3,404MW.

    On the whole, a summary of the result of the minor review shows that inflation was 7.8 per cent when it was last amended in 2014. But, it hit 8.9 per cent in April 2015. Exchange rate that was N166.18 when it was last amended last year, soared to N198.97 in April. Gas price/mmbtu which was $2.80 during the last review in 2014 rose to $2.80 in April this year. Energy sent out from transmission stations that were 28,038Giga Watts/Hour (GW/h last year, increased to 32,921GWh in April 2014. The revenue requirement which was N572 billion during the last review surged to N619 billion April this year. Average retail tariff that was N26.2 in the last review dipped to N23.8 this April.

    Consequent upon the following parameters, NERC proposed that customers of the Abuja Electricity Distribution Company will pay N18.41 as against the N14.70 they paying prior to the review. Had the commission implemented the tariff last year, they would have paid N19.96.

    Enugu Electricity Distribution Company that froze R2 N16.44 will pay N19.61 in the new tariff but it ought to have paid N20.89 had NERC implemented the last tariff.

    Benin Electricity Distribution Company that its R2 customers were paying N14.82 when the tariff was frozen will now pay N17.94 instead of N18.46.

    Ibadan Electricity Distribution Company that its R2 customers were paying N16.44 before it was frozen will now pay N16.73 instead of N18.00.

    The presentation was, however, silent on what other distribution companies such as Jos, Yola, Port Hacourt, Eko, Ikeja and others were paying before their tariffs were frozen to allow a comparative analysis. NERC is now taking advantage of the differences between what customers would have paid last year had it implemented the last tariff and the proposed tariff which is relatively low to announce that it has reduced tariff. The same NERC seems to be reticent on the fact that the customers will now not only pay higher, but also pay the arrears of the increase with effect from July.

    The NERC’s position

     

    Rising from the meeting, reporters asked Amadi to justify the increase and the chairman said:  “You made a good point, it was frozen. What that means is that we did the analysis the other time, but going by the low level of metering, going by the power supply, the DISCOS could forebear. We told them that they are entitled to this tariff, but we are asking you not to collect it at this stage until you improve.”

    Many DISCOS,  according to him, did not take the intervention in good fate even as it was clear that it was the global practice that regulators could freeze the market in view of some socio-economic factors.

    Amadi stressed that it would have been completely irresponsible of the commission to approve a tariff hike when a new adminstration was just assuming office in June this year. But now, the stage is set for increase because the electricity market is stable and needs to move on.

    He said: “Now, the order said six months. It will be unfrozen in June. June came and I told you why it wasn’t done: because a new government just took over on the 1st of June and that will be totally irresponsible to unlock tariff at that stage.  Now that we have some stability we need to move to the next stage. And so, we have now shown what that should be. This is a formula. It has not yet translated to anybody’s tariff. What the DISCOS will now do is to take this short-fall. I will show you the new tariff, to see the short-fall. They will put it into their modem and control it for 10 years.”

    Unlike the combative usual representatives of the distribution and generation companies at previous NERC public hearings for tariff review, the meeting penultimate Tuesday was very cordial.  It was like an adoption of minutes of a previously held meeting because the review serves the interest of the operators.

    Speaking, the Executive Director, Regulation, Abuja Electricity Distribution Company (AEDC) , Abimbola Odubiyi, drew attention to the fact that “NBET has already activated the PPA for Olurunsogo and Omotosho, which they are giving us currently . And that is not reflected in the tariff.”

    He overlooked the hike as it has favoured his company.

    Representative of the Geregu Power Plc., Adebiyi Adenuga, urged the commission to consider the fact that all their commitments are in naira which the exchange rate has affected adversely. He asked the NERC to allow the tariff to address the firm’s loses in the past for the period of arrears the retroactivity of the tariff will cover.

    However, some of the consumers at the meeting complained that the distribution companies take advantage of the metering deficit in the market to charge them even when there is little or no power supply.

    Speaking, the Mr. Oboma Ekoh of Nigeria Electricity Consumer Advocacy Network (NECAN), noted: “Abuja Electricity Distribution Company is shortchanging consumers particularly in the rural areas.  For instance, your tariff before this time was N14.70. And you go to the rural areas in place of R2 you give them C1, you give them A1. I am so sorry I will present you with bills because we have been conducting a research on this. I have collected samples of bills and there is a particular location in Abuja for which I have about 12 bills. In the R2 you collected N248 kilowatts per hour per month. And you billed at N14.70. You go back to people who have not had electricity for an upward of eight months since January and you billed them N4, 000 and you gave them 415kilo watts per hour. The next month you billed them 475 kilo watts per hour. The next month 466, the next month 415. And these billings, within this period there was no light. There was no distribution transformer in those areas. Now, listen to what you people do in the field. They give you a bill of N30, 000 and ask you how much you are going to pay. You tell them instead of N30,000 you have to pay N10,000. What are the parameters?

     

  • Lawyer files contempt charge against NERC boss

    Lawyer files contempt charge against NERC boss

    Activist-lawyer Toluwani Adebiyi has initiated contempt proceedings against Nigerian Electricity Regulatory Commission (NERC) chairman Dr Sam Amadi over his claim that judges were frustrating reforms in the electricity sector.

    The NERC chair made the claim in an August 7 letter to the Chief Judge of the Federal High Court, Justice Ibrahim Auta.

    Amadi, who noted that the judges were ignorant of the sector, accused them of handing out improper injunctions, which could discourage investments.

    The Federal High Court in Lagos had restrained NERC from increasing electricity tariff, following an ex-parte application by Adebiyi, who sought an injunction to stop NERC from raising power consumption bills without steady power for 18 hours a day.

    Adebiyi filed the Form 48 yesterday, which requires Amadi to appear in court to justify his statement or risk a jail term.

    The application is entitled: “Notice of consequence of derogatory, unlawful, misguided accusations of Federal High Court Judge, same which is contemptous of the integrity of the court as contained in contemnor’s letter to the Chief Judge of the Federal High Court and published on page 12 of The Nation newspapers of 18th august 2015.”

    It reads: “Take notice, that unless you can substantiate and justify your accusation as contained in your letter to the Chief Judge of the Federal High Court dated 7th August, 2015, published in The Nation Newspaper of 18th August, 2015, of which you contemptuously in a very insulting and derogatory manner accused the court, casting aspersions in a way so prejudising, in a matter pending before the court, you will be guilty of contempt of Court and will be liable to be committed to prison.”

    Amadi had stated that such injunctive reliefs against legitimate business operations of licensed electricity companies were not well considered.

    “MY Lord, permit me to bring to your notice a subtle threat that can undermine the success of the power sector reforms. This threat is in the form of an increasing spate of seemingly reckless and inconsiderate interim injunctions that have been issued against the commission and electricity distribution companies at the instance of consumers, who have not made out clear case meriting such intervention by the court,” Amadi wrote.

    But Adebiyi believes that the accusation that judges were granting “reckless and inconsiderate injunctions” was contemptuous.

    To him, the NERC chair has derogatorily directed the judges to always exercise restraint and defer to his commission in the exercise of their judicial power, an act that cannot be separated from an intention to subjugate, undermine and intervene with the Judges’ lawful responsibility.

    Amadi is expected to appear before Justice Mohammed Idris, who gave one of the restraining orders, on September 23.