Electricity Regulation Act, 2006 (Act No. 4 of 2006)Chapter III : Electricity Licences and Registration21. Powers and duties of licensee |
| (1) | Subject to a licence condition imposed in terms of section 14(1)(t), a licence issued in terms of this Act empowers and obliges a licensee to exercise the powers and perform the duties set out in such licence and this Act, and no licensee may cede, transfer or assign any such power or duty to any other person without the prior written consent of the Regulator. |
[Section 21(1) substituted by section 20(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]
| (2) | A licensee may not discriminate between customers or classes of customers regarding access, tariffs, prices and conditions of service, except for objectively justifiable and identifiable differences approved by the Regulator. |
| (3) | A transmission or distribution licensee must, to the extent provided for in the licence, provide non-discriminatory access to its transmission or distribution power system to third parties. |
[Section 21(3) substituted by section 20(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]
| (3A) | The system operator shall not discriminate between different generators or customers in relation to dispatching or balancing the system, except for objectively justifiable and identifiable reasons approved by the Regulator. |
[Section 21(3A) inserted by section 20(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]
| (4) | Access in terms of subsection (3) must be provided on the conditions set out in the licence of such transmitter or distributor, which may relate to— |
[Words preceding Section 21(4)(a) substituted by section 20(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]
| (a) | the circumstances under which access must be allowed; |
| (b) | the circumstances under which access may be refused; |
| (c) | the strengthening or upgrading of the transmission or distribution power system in order to provide for access, including contributions towards such strengthening or upgrading by the potential users of such systems, if applicable; |
| (d) | the rights and obligations of other existing or new users regarding the use of such power systems; |
| (e) | compliance with any rule or code; or |
| (f) | the tariffs that may be charged by a licensee for the use of such power system. |
[Section 21(4)(c), (e) and (f) substituted by sections 20(e) and (f) 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]
| (4A) | Third party access to the transmission and distribution power system must be based on published tariffs, applicable to all eligible customers, and applied objectively and without discrimination between the system users. |
[Section 21(4A) inserted by section 20(g) 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]
| (4B) | A transmission or distribution licensee may refuse access only where it lacks the necessary capacity, with written reasons given for such refusal. |
[Section 21(4B) inserted by section 20(g) 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]
| (4C) | Any party requesting information on the network capacity and measures that would be necessary to reinforce the network, may be charged a reasonable fee for the costs of providing such information. |
[Section 21(4C) inserted by section 20(g) 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]
| (4D) | Transmission and distribution licensees shall procure the energy they use to cover energy losses and reserve capacity in their system according to transparent, non-discriminatory and market-based procedures. |
[Section 21(4D) inserted by section 20(g) 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]
| (4E) | Rules adopted by the Transmission System Operator SOC Ltd for balancing the national transmission power system and the interconnected distribution power systems, including the rules for charging system users of their networks for energy imbalance, shall be objective, transparent and non-discriminatory. |
[Section 21(4E) inserted by section 20(g) 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]
| (a) | the customer is insolvent; |
| (b) | the customer has failed to honour, or refuses to enter into, an agreement for the supply of electricity; or |
| (c) | the customer has contravened the payment conditions of that licensee. |
[Section 21, previously section 22, renumbered by section 16(b) of Act No. 28 of 2007]