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POLICY AND POLICY AND DECISION MAKING DECISION MAKING

PROCESS.PROCESS.

By the SecretariatBy the Secretariat

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POLICY AND DECISIONS PROCESS. POLICY AND DECISIONS PROCESS.

• Section 31 of the EPSR Act 2005, established the Nigerian Section 31 of the EPSR Act 2005, established the Nigerian Electricity Regulatory Commission as a body corporate Electricity Regulatory Commission as a body corporate with right of perpetual succession.with right of perpetual succession.

• One of the NERC objectives is ; “ to create, promote and One of the NERC objectives is ; “ to create, promote and preserve efficient industry an market structure , and preserve efficient industry an market structure , and ensure the optimal utilization of resources for the ensure the optimal utilization of resources for the provision of electricity services”. (S. 32 EPSR Act 2005)provision of electricity services”. (S. 32 EPSR Act 2005)

• In performing its functions, the Commission is to In performing its functions, the Commission is to undertake such activities which are necessary for giving undertake such activities which are necessary for giving effect to achieving its objectives and; consult such persons effect to achieving its objectives and; consult such persons which it deem appropriate for the discharge of its which it deem appropriate for the discharge of its functions.( S.32 of the Act ).functions.( S.32 of the Act ).

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DECISION MAKING DECISION MAKING PROCEDURES.PROCEDURES.

• The Decisions procedures of the The Decisions procedures of the Commission are as follows:Commission are as follows:

Internal – The Meetings of the Internal – The Meetings of the Commissioners &Commissioners &

External- Hearings, Proceedings, External- Hearings, Proceedings, Consultations, etc.Consultations, etc.

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DECISION MAKING PROCEDURES.DECISION MAKING PROCEDURES.INTERNALINTERNAL

• Section 41 of the EPSR Act 2005 provides:Section 41 of the EPSR Act 2005 provides:““The Commission shall meet for the dispatch of The Commission shall meet for the dispatch of

business as often as is necessary or expedient and, business as often as is necessary or expedient and, subject to this section--------may regulate its meetings subject to this section--------may regulate its meetings and procedures as it thinks fit.”and procedures as it thinks fit.”

The section further provides that the Chairman or, in The section further provides that the Chairman or, in his absence the Vice Chairman his absence the Vice Chairman shall preside at all shall preside at all meetingsmeetings of the commission and; the quorum for the of the commission and; the quorum for the meeting meeting shall be four(4shall be four(4). ).

(S. 41 (2&3). (S. 41 (2&3).

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DECISION MAKING PROCEDURES: CONT:DECISION MAKING PROCEDURES: CONT:

S. 41 (5) further provides that :S. 41 (5) further provides that :

“ “If any previous Decision or Order If any previous Decision or Order taken by the Commission is to be reviewed at a taken by the Commission is to be reviewed at a meeting, the quorum at the meeting shall be no meeting, the quorum at the meeting shall be no less than the Commissioners present when the less than the Commissioners present when the decision was taken or Order was made.”decision was taken or Order was made.”

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DECISION MAKING PROCEDURES: CONT;DECISION MAKING PROCEDURES: CONT;

• Alternatively, where the situation Alternatively, where the situation warrants warrants “The Commission may “The Commission may conduct its business by means of conduct its business by means of written resolutions signed by all the written resolutions signed by all the Commissioners; provided that if any Commissioners; provided that if any Commissioner requires that a mater Commissioner requires that a mater be placed before all the be placed before all the Commissioners for discussion, a Commissioners for discussion, a meeting shall be convened in that meeting shall be convened in that event.” (S.41(6) EPSR Act 2005).event.” (S.41(6) EPSR Act 2005).

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DECISION MAKING PROCEDURES: CONT;DECISION MAKING PROCEDURES: CONT;

• After decisions have been reached and duly recorded After decisions have been reached and duly recorded in Minutes or by way of Resolutions, the Secretariat in Minutes or by way of Resolutions, the Secretariat conveys the decision (s) to the relevant Divisions for conveys the decision (s) to the relevant Divisions for action.action.

• When an industry related decision has been arrived When an industry related decision has been arrived at, which necessitates the issuance of an Order, the at, which necessitates the issuance of an Order, the Secretariat will convey the Order of the Commission Secretariat will convey the Order of the Commission to the affected party (ies) and cause the Order to be to the affected party (ies) and cause the Order to be published in the National Dailies and posted on the published in the National Dailies and posted on the Commission’s websiteCommission’s website

• Where an Order is issued, it must be in writing and Where an Order is issued, it must be in writing and must state the basis for the decision or Order; must must state the basis for the decision or Order; must be signed by the Chairman, Vice Chairman or other be signed by the Chairman, Vice Chairman or other Commissioners who conducted the proceedings (Rule Commissioners who conducted the proceedings (Rule 21(1)).21(1)).

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• Where any Commissioner has a dissenting Where any Commissioner has a dissenting opinion from the majority Decision, he shall give opinion from the majority Decision, he shall give his dissenting Decision with reasons. The parties his dissenting Decision with reasons. The parties shall however be bound by the majority decision shall however be bound by the majority decision (Rule 21(4)).(Rule 21(4)).

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EXTERNAL – HEARINGS, PROCEEDINGS, ETCEXTERNAL – HEARINGS, PROCEEDINGS, ETC

The Commission is, pursuant to the provision of section 47 of the Act The Commission is, pursuant to the provision of section 47 of the Act empowered to conduct hearings, proceedings and consultations on empowered to conduct hearings, proceedings and consultations on any matter under the Act or, any other enactment on which it is any matter under the Act or, any other enactment on which it is required or permitted to take an action and; shall hold public required or permitted to take an action and; shall hold public hearing on matters which the Commission determine to be of hearing on matters which the Commission determine to be of significant interest to the public. (S.47 EPSR Act 2005).significant interest to the public. (S.47 EPSR Act 2005).

• Section 45 of the Act gives the Commission the power to make Section 45 of the Act gives the Commission the power to make regulations for the conduct of the proceedings, hearings and regulations for the conduct of the proceedings, hearings and consultation and; is at liberty to determine the manner, place and consultation and; is at liberty to determine the manner, place and time of hearings. (S.45 EPSR Act 2005).time of hearings. (S.45 EPSR Act 2005).

• The quorum for the hearings or proceedings or consultation shall The quorum for the hearings or proceedings or consultation shall be at least three(3) Commissioners, except the Commission be at least three(3) Commissioners, except the Commission determines otherwise. (Rule 17 Business Rules)determines otherwise. (Rule 17 Business Rules)

• When the need arises, expert opinion may be sought during When the need arises, expert opinion may be sought during hearings (S. 48 EPSR Act 2005)hearings (S. 48 EPSR Act 2005)

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EXTERNAL – HEARINGS, EXTERNAL – HEARINGS, PROCEEDINGS, ETCPROCEEDINGS, ETC

• All decisions or orders of the Commission shall:All decisions or orders of the Commission shall: a) contain the basis of the decision or order;a) contain the basis of the decision or order; b) are properly recorded in writing;b) are properly recorded in writing; c) are accessible to the public at reasonable times c) are accessible to the public at reasonable times

and places; andand places; and d) state reasons for the decision or order where d) state reasons for the decision or order where

the decision or order affects the existing rights of any the decision or order affects the existing rights of any person.person.

The decision or order shall be signed by the The decision or order shall be signed by the Chairman or Vice Chairman.Chairman or Vice Chairman.

The Commission can where the situation warrants The Commission can where the situation warrants make interim orders pending the final make interim orders pending the final determination/disposition of the matter before it. (S. determination/disposition of the matter before it. (S. 46 EPSR Act 2005).46 EPSR Act 2005).Questions of law are to be referred to the High Court Questions of law are to be referred to the High Court per the provision of (S. 49 EPSR Act 2005)per the provision of (S. 49 EPSR Act 2005)

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EXTERNAL – HEARINGS, EXTERNAL – HEARINGS, PROCEEDINGS, ETCPROCEEDINGS, ETC

• Where any person is aggrieved by the decision or order Where any person is aggrieved by the decision or order of the Commission, such person may apply to the of the Commission, such person may apply to the Commission for review of the decision or order and; the Commission for review of the decision or order and; the Commission may reconsider, vary or rescind its Commission may reconsider, vary or rescind its decisions before issuing a final decision. The final decisions before issuing a final decision. The final decision must be issued within 60 days of the date it is decision must be issued within 60 days of the date it is requested (S. 50 (1)(2) EPSR Act 2005)requested (S. 50 (1)(2) EPSR Act 2005)

• Unless an appeal is made against an Order of the Unless an appeal is made against an Order of the Commission within 30days, the Order shall be deemed Commission within 30days, the Order shall be deemed to be final (Rule 21(8)); Orders of the Commission to be final (Rule 21(8)); Orders of the Commission remain in force unless they are modified, vacated, remain in force unless they are modified, vacated, suspended or superseded by a further Order of the suspended or superseded by a further Order of the Commission (Rule 21(9))Commission (Rule 21(9))

• Proceedings are generally open to the public except the Proceedings are generally open to the public except the Commission directs otherwise in writing (Rule 28)Commission directs otherwise in writing (Rule 28)

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CONFIDENCIALITY AND NON-CONFIDENCIALITY AND NON-DISCLOSUREDISCLOSURE

• Records of the Commission, except those Records of the Commission, except those parts which for reasons specified by the parts which for reasons specified by the Commission as confidential or privileged, Commission as confidential or privileged, shall be open to inspection by all persons, shall be open to inspection by all persons, subject to the payment of prescribed fees subject to the payment of prescribed fees and complying with such terms as the and complying with such terms as the Commission may direct (Rule 30(1))Commission may direct (Rule 30(1))

• Except for use under the Commissions Except for use under the Commissions Regulations, a person shall not for gain Regulations, a person shall not for gain make use of confidential information nor make use of confidential information nor disclose it to any third party(Rule30(2))disclose it to any third party(Rule30(2))

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CONFIDENTIALITY & NONDISCLOSURE, cont;CONFIDENTIALITY & NONDISCLOSURE, cont;

• Section 97(1) of the EPSR, Act 2005 prohibits staff Section 97(1) of the EPSR, Act 2005 prohibits staff and other persons (Commissioner, Police, and other persons (Commissioner, Police, inspector, etc.) who in the course of their duty inspector, etc.) who in the course of their duty came into contact with confidential or privileged came into contact with confidential or privileged information relating to any financial or information relating to any financial or commercial secret of any person, not to use such commercial secret of any person, not to use such information for his personal gain or divulge same information for his personal gain or divulge same to any other person except in the following to any other person except in the following circumstances:circumstances:

• Where disclosure of such information is required Where disclosure of such information is required for the purpose of legal proceedings under this for the purpose of legal proceedings under this Act, or any other law.Act, or any other law.

• Where disclosure is to the extent that it may be Where disclosure is to the extent that it may be necessary to do so for the purpose of this Act or necessary to do so for the purpose of this Act or any other law.any other law.

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CONFIDENTIALITY & CONFIDENTIALITY & NONDISCLOSURE, cont;NONDISCLOSURE, cont;

• Section 97(2) of EPSR, Act prohibits Staff, Police or Section 97(2) of EPSR, Act prohibits Staff, Police or Commissioner who acquired such confidential Commissioner who acquired such confidential information in the course of his duties from making information in the course of his duties from making personal use of it within the period of five years personal use of it within the period of five years when he came into possession of such information.when he came into possession of such information.

• SANCTIONS: SANCTIONS: • To underscore the seriousness of this provision, To underscore the seriousness of this provision,

Section 97 (3) of the EPSR, Act makes it a criminal Section 97 (3) of the EPSR, Act makes it a criminal offence punishable with:offence punishable with:

• Forfeiture of the proceeds accruing to him on Forfeiture of the proceeds accruing to him on account of that contraventionaccount of that contravention

• Fine of five hundred thousand Naira, orFine of five hundred thousand Naira, or• Two years imprisonment or both. Where disclosure Two years imprisonment or both. Where disclosure

is amongst Staff, Police officer, inspector or is amongst Staff, Police officer, inspector or Commissioner.Commissioner.

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DISSEMINATION OF INFORMATION TO DISSEMINATION OF INFORMATION TO THIRD PARTIESTHIRD PARTIES

• The Commission disseminates The Commission disseminates information to third parties through:information to third parties through:

• Letters issued by the Commission duly Letters issued by the Commission duly signed by the Chairman or his signed by the Chairman or his representative;representative;

• Publications in the National Dailies;Publications in the National Dailies;• Posting such information on the Posting such information on the

Commission’s website; andCommission’s website; and• Posting such information on the Posting such information on the

Commission’s notice boardCommission’s notice board

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THANK YOUTHANK YOU