| (1) | The Regulator, when subjecting a licence to conditions relating to the setting or approval of prices, charges and tariffs charged by licensees as contemplated in section 14(1)(d)— |
| (a) | must enable an efficient licensee to recover the full cost of the licensed activity; |
| (aA) | must allow for a reasonable return proportionate to the risk of the licensed activity; |
| (b) | may provide for or prescribe incentives for continued improvement of the technical and economic efficiency with which services are to be provided; |
| (c) | must give end users proper information regarding the costs that their consumption imposes on the licensee's business; |
| (d) | must avoid undue discrimination between customer categories; |
| (e) | may permit the cross-subsidy of tariffs to certain classes of customers; and |
| (f) | may have regard to the need to ensure security of supply, the diversity of supply and to promote renewable energy. |
[Section 15(1)(a) substituted by section 15(a) of the Electricity Regulation Amendment Act, 2024, Notice No. 5139, GG51100, dated 20 August 2024 - effective 1 January 2025 per Proclamation Notice 236 of 18 December 2024 with exceptions]
| (1A) | Tariff determinations must take into account all planned projects reflected in the integrated resource plan and the transmission development plan insofar as these projects shall impact on the costs of the licensee, for the period during which the tariff shall apply. |
[Section 15(1A) inserted by section 15(b) of the Electricity Regulation Amendment Act, 2024, Notice No. 5139, GG51100, dated 20 August 2024 - effective 1 January 2025 per Proclamation Notice 236 of 18 December 2024 with exceptions]
| (1B) | In the case of vertically integrated licensees, the Regulator must set or approve separate tariffs for each of the licensed activities listed in section 4(a)(i). |
[Section 15(1B) inserted by section 15(b) of the Electricity Regulation Amendment Act, 2024, Notice No. 5139, GG51100, dated 20 August 2024 - effective 1 January 2025 per Proclamation Notice 236 of 18 December 2024 with exceptions]
| (2) | A licensee may not charge a customer any tariff other than the tariff set or approved by the Regulator as, or in accordance with, a licence condition |
[Section 15(2) substituted by section 15(c) of the Electricity Regulation Amendment Act, 2024, Notice No. 5139, GG51100, dated 20 August 2024 - effective 1 January 2025 per Proclamation Notice 236 of 18 December 2024 with exceptions]
| (3) | Notwithstanding subsection (2), the Regulator may, in prescribed circumstances, approve a deviation from set or approved tariffs. |
| (4) | Notwithstanding subsection (2), a licensee may charge a customer a tariff which has not been set or approved by the Regulator where such tariff is charged pursuant to a direct supply agreement or arises as an outcome of a competitive market. |
[Section 15(4) inserted by section 15(d) of the Electricity Regulation Amendment Act, 2024, Notice No. 5139, GG51100, dated 20 August 2024 - effective 1 January 2025 per Proclamation Notice 236 of 18 December 2024 with exceptions]
