Sec 4
§ 4
(1) The principal functions of the Department of State as regards the electric sector are to –
(a) establish policies that promote an environment conductive to attracting investments in the electricity sub-sector in the short, medium and long term;
(b) promote a policy of restructuring and privatisation of State enterprises in the electricity sub-sector and establish competition in the electricity market;
(c) support scientific research and education in the electric sector;
(d) promote efficiency in the production, transmission and distribution of electricity and in the use of electricity by consumers, and create a comprehensive electricity conservation programme for The Gambia;
(e) monitor and recommend policies regarding the effect on the environment of all energy activities, and incorporate national environmental protection goals in the formulation and implementation of the electricity subsector policies;
(f) establish policies to promote the establishment of relationships between licensees and electric sector entities in foreign countries, and promote the establishment of transit and import and export relationships in the electric sector.
(g) establish policies –
(i) on direct subsidies for electric supplies to specific customer classes,
(ii) on priority institutional consumers of electricity, and
(iii) to enhance electricity security for The Gambia; and
(h) establish a strategy for electric sector emergency situations. (2) The Department of State is also responsible for all aspects of the electric sector of The Gambia that are not the subject of this Act, including the performance of the electric sector licensing functions that are not vested in the Authority or in any other Department of State or agency of the Government. (3) The Department of State shall, in performing its functions under subsection (1), relinquish ownership rights, regulatory supervision and management control of, and operational activities in, the electric sector.
Cross-cutting Categories
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Sec 5
§ 5
(1) Except as provided in this Act, no person shall engage in electric generation, transmission, dispatch, or distribution activities without a valid licence issued by the Authority.
(2) A licence is not required for - (a) electricity generation solely for consumption at the site of the generating facility; (b) electricity distribution or sub-distribution within a single premises or pursuant to a submetering arrangement within a single building on a non-commercial basis.
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Sec 6
§ 6
(1) An application for a licence under this Act shall be made to the Authority in accordance with - (a) the Regulatory Authority Act; and (b) subject to paragraph (a), such other procedures as the Authority may determine.
(2) The procedures shall specify the information to be submitted with an application for a licence, including information concerning the applicant’s financial strength, credit rating, experience, and compliance with all laws and regulations, and any application fee required to be paid by the applicant.
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Sec 7
§ 7
(1) The Authority shall advice the Secretary of State to issue a licence only to a person who – (a) has established competence to operate within the electricity sub-sector; (b) is able to satisfy the service obligations under this Act and the conditions to be included in the licence; and (c) has satisfied the other requirements of the Regulatory Authority Act.
(2) The Authority shall specify in the licence- (a) the type of service to which the licence applies; (b) the location of the facilities or the territory to which the licence applies; (c) the duration of the licence; (d) all applicable licence conditions, including the requirement of timely payment of licence fees; and (e) the conditions for licence modification, suspension, or revocation.
(3) Subject to subsection (4), a licensee shall not discontinue service under a licence without the prior consent of the Authority.
(4) The prior consent of the Authority is not necessary in the case of a distribution licence, if interruption of service is due to non-payment by the customer, or to technical or safety reasons, or to the exercise of contractual rights.
(5) The licensee shall relinquish its licence at the time it receives approval for the discontinuation of service.
(6) No licensee is required to continue supplying electricity or other electric services in any case where another licensee, a direct consumer, or any other person has failed to meet its payment obligations under a contract or under an Authority approved tariff or terms and conditions for the provision of the service.
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Sec 8
§ 8
(1) A licensee shall comply with all – (a) the conditions set out in its licence; (b) the rules and regulations adopted by the Authority; and (c) the laws of The Gambia relating to environmental protection, safety, labour, health, taxes, and electric system performance and protection.
(2) A licensee shall endeavour to use resources efficiently, and provide generation, transmission, dispatch or distribution services, as applicable, in accordance with prudent utility practices.
(3) A licensee, shall submit to the Authority, and make available to the public – (a) an annual summary of the licensee’s activities for the preceding year; (b) an annual work plan describing the licensee’s anticipated activities for the following year; and (c) such other reports, statements and information, as the Authority determines to be necessary or appropriate.
(4) A licensee shall forward to the Department of state a copy of every summary, work plan and report submitted under subsection (3).
(5) A licensee who holds a generation licence shall submit to the Authority such reports, statements and information as the Authority deems necessary for the safe and reliable operation of the transmission grid and connected facilities.
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Sec 9
§ 9
(1) A licensee shall measure the quantity of electricity flowing through the licensee’s facilities by using a metering equipment and procedures that satisfy standards and requirements specified in a licence issued under this Act or any other law.
(2) A licensee shall certify to the Authority that its metering equipment and meter testing facilities comply with all applicable standards and requirements.
(3) The Authority may conduct inspection of a licensee’s metering equipment and meter testing facilities and may establish its own meter testing facilities, to ensure continued compliance by the licensee of the applicable standards and requirements.
Cross-cutting Categories
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Sec 10
§ 10
(1) A licensee, direct customer or customer of a distribution licensee that is party to a dispute relating to the supply of electric power services, whether under a tariff determined by the Authority under the Regulatory Authority Act or under a contract, may refer the dispute to the Authority for resolution.
(2) The Authority may, in its discretion, order that a dispute referred to it under this section be resolved in accordance with the provisions of any enactment relating to competition.
Cross-cutting Categories
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Sec 11
§ 11
The Authority may, before issuing a licence, or reinstating a suspended licence, require a licensee to provide a bond or any other form of financial security necessary to ensure that the licensee satisfies its service obligations and adheres to this Act and the conditions of the licence, including the payment of the licence fee.
Cross-cutting Categories
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Sec 12
§ 12
(1) Without prejudice to the Regulatory Authority Act, except where a licence is modified pursuant to its terms and conditions or suspended or revoked for non-compliance with its terms and conditions, the Authority may, with the approval of the Secretary of State, modify, suspend, or revoke a licence issued under this Act only with the prior consent of the licensee.
(2) The Authority may, on granting a new licence after a modification, suspension or revocation, require the licensee to comply with different or more stringent requirements than the requirements included in any prior licence.
Cross-cutting Categories
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Sec 13
§ 13
(1) No person shall hold more than one licence or own shares or have a business interest in any other entity that is licensed under this Act, without the prior approval of the Authority.
(2) A person who exercises, directly or indirectly, ownership or control of a generation licensee, transmission licensee, dispatch licensee or distribution licensee shall not own shares in any other licensee, without the prior approval of the Authority.
(3) A licensee shall not, without the prior written approval of the Authority, surrender, assign, or otherwise transfer its licence to any other person.
(4) The Authority may, for any reason consistent with the purposes of this Act and the public interest, approve, refuse or restrict the carrying on by the licensee of any of the following activities - (a) a merger or a major acquisition or sale of its assets or securities; (b) an expansion of its business activities; and (c) a re- organization of its corporate structure.
(5) Where a person is authorized to hold more than one licence, or to exercise, directly or indirectly, ownership or control over more than one licensee - (a) the licensee shall maintain separate books of account under the name of each licensee, and where the licensed activities are not performed by separately incorporated entities, the books of account shall clearly identify the expenses and revenues attributable to each licensed activity; and (b) a default under one licence held by that person is deemed to constitute a default under each licence held by that same person. Generation licences
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Sec 14
§ 14
(1) The Secretary of State may, in accordance with the provisions of the Regulatory Authority Act, issue a licence that authorises the licensee to connect specifically identified generation facilities to- (a) the transmission grid for the purpose of supplying electric capacity or energy to a specific grid receiving point; or (b) the facilities of a distribution licensee for the purpose of supplying electric capacity or energy to a specific distribution receiving point.
(2) The duration of each licence shall be stated in the licence, subject to revocation by the Authority for the violation of a term or condition of the licence.
(3) A generation licensee shall comply with the following conditions, to - (a) subject to subsection (4), submit to the Authority, for review and approval, the rates, terms and conditions for any power sales contract it has with any other licensee; (b) submit to the Authority, the technical, safety and interconnection standards for the proposed generation facility; (c) if connected at a grid receiving point, make the licensed generation facilities available to the dispatch licensee at the receiving point for the safe, reliable, non-discriminatory and economic dispatch and operation of the transmission grid and connected facilities, pursuant to the terms of its power sales contract or its approved rates and terms and conditions of service; (d) if connected at a distribution receiving point, make the licensed generation facilities available to the distribution licensee at the receiving point for safe, reliable, nondiscriminatory and economic dispatch to supply the distribution licensee’s load, pursuant to the terms of its power sales contract or its approved rates and terms and conditions of service; (e) comply with all applicable requirements regarding the co-ordination of the operation of generation facilities with the transmission grid and distribution facilities, including reasonable instructions issued by the dispatch licensee or distribution licensee, as applicable; and (f) comply with all other terms and conditions of the licence.
(4) A review and approval shall not be required under subsection (3)(a) if the Authority determines that the generation licensee - (a) intends solely to export electricity from The Gambia; or (b) would not have a monopoly of a market power in all or any part of The Gambia and had the rates and the terms and conditions for its power sales contracts established through a competitive process.
(5) The conditions set out in subsection (3) are deemed to be part of the generation licence.
Cross-cutting Categories
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Sec 15
§ 15
(1) The Secretary of State may, in accordance with the provisions of the Regulatory Authority Act, issue a licence granting a person the exclusive right or non-exclusive right to provide a transmission service using the transmission grid.
(2) The licensee shall identify the transmission system included in the transmission grid to be constructed, operated, and maintained by the licensee, which shall include the facilities between the grid receiving points and the grid delivery points.
(3) Where a generation licensee’s facility has been, or is to be, directly connected to - (a) a distribution licensee’s facilities at a distribution receiving point; or (b) a direct consumer’s facilities the Authority may, after giving sixty days notice to the generation licensee, distribution licensee or direct customer, as applicable, deem the interconnection point to be a grid receiving point and a grid delivery point separated by a minimum section of the transmission grid for purposes of establishing parameters for transmission services .
(4) When a new transmission facility is required in the transmission grid, the transmission licensee shall apply for a modification to its licence proposing the new transmission facility.
(5) If, after a notice given and hearing held pursuant to the rules prescribed by the Authority, the Authority determines that the proposed facility is required and that the proposed site or route for the facility, as may be amended at or following the hearing - (a) will reasonably minimize adverse impacts on the area concerned; (b) is consistent with the policies of the Department of State concerning the proposed route as expressed to the Authority during the hearing; and (c) complies with the requirements of this Act and regulations made under it, the Authority shall issue to the transmission licensee a modified transmission licence which shall include the new transmission facility and authorize its construction at the approved site or on the approved route.
(6) If, after a hearing pursuant to subsection (4), the transmission licensee is authorized to construct a new transmission facility at an approved site or along an approved route, the transmission licensee shall be entitled to acquire, by the exercise of eminent domain, any land required to construct the new transmission facility at the approved site or along the approved route.
(7) In exercising the power of eminent domain, the transmission licensee shall comply with the law applicable to the State in similar proceedings.
(8) The duration of a transmission licence is shall be defined and be subject to revocation by the Authority for violation of any term or condition of the licence.
(9) A transmission licensee shall comply with the following conditions, to – (a) develop and maintain the transmission grid in a manner adequate to support the needs of generation licensees, dispatch licensees, distribution licensees and direct customers within The Gambia; (b) develop, provide to the Authority and make available to the public an investment programme; (c) develop and make available reasonable instructions for the safe, reliable, and nondiscriminatory interconnection and operation of the transmission network and connected facilities; (d) charge only those rates, and impose only those terms and conditions of service, approved by the Authority under Part IV; (e) refrain from entering into any other business arrangement, either within or outside the electric sector, not related to performing those activities required or permitted to be performed under its licence, including the purchase for resale of electric capacity or energy; and (f) timely pay all licence fees imposed by the Authority; and (g) comply with all other terms and conditions of the licence.
(10) The conditions set out in subsection (9) are deemed to be part of the transmission licence.
Legal Area
Specification of grid standards
Grid management provisions
Grid access and integration
Cross-cutting Categories
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Sec 16
§ 16
(1) The Secretary of State may, in accordance with the provisions of the Regulatory Authority Act, issue a licence granting a person – (a) the exclusive right or a non-exclusive right to operate a central dispatching control centre for the transmission grid, including the right to install and maintain such equipment as is necessary to operate the control centre; and (b) a non-exclusive right, within The Gambia, to purchase and resell electric capacity, electricity and transmission services to distribution licensees, direct consumers and other foreign or domestic persons as required or permitted by the Authority.
(2) The duration of a dispatch licence shall be defined and be subject to revocation by the Authority for violation of any term or condition of the licence.
(3) A dispatch licensee shall comply with the following conditions, to – (a) plan for and secure adequate electric supplies, including electric supplies from foreign persons, and transmission services to satisfy the needs of distribution licensees and direct customers; (b) develop and co-ordinate with all other licensees, under the supervision of the Authority, contingency and emergency plans consistent with Department of State policy to be implemented in contingency situations or when an emergency is declared by the President of the Republic of The Gambia; (c) develop and provide to the Authority and make available to the public an investment programme; (d) charge only those rates and impose only those terms and conditions of service approved by the Authority; (e) refrain from entering into any other business arrangements, either within or outside the electric sector, not related to performing those activities required or permitted to be performed under its licence, including the purchase for resale of electric capacity or energy; and (f) comply with all other terms and conditions of the licence.
(4) The conditions set out in subsection (3) are deemed to be a part of the dispatch licence.
(5) Where a distribution licensee or direct customer has contracted directly with - (a) one or more generation licensees or other foreign or domestic persons to meet part or all of its electric supply requirements; or (b) the transmission licensee for transmission capacity, a dispatch licensee shall not be responsible for obtaining back-up or stand-by electric supplies or transmission capacity under the condition set out in subsection (3)(a), unless the distribution licensee or direct customer has paid the appropriate rates approved by the Authority for the services . Distribution licence
Legal Area
Market access provisions
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Sec 17
§ 17
(1) The Secretary of State may, in accordance with the provisions of the Regulatory Authority Act, issue a licence granting a person the exclusive right to engage in the distribution of electric power within a defined contiguous geographic region.
(2) The duration of each licence shall be defined and be subject to revocation by the Authority for violation of any term or condition of the licence.
(3) Where one or more parts of a distribution licensee’s distribution system are not connected to the transmission grid, the distribution licensee shall own, maintain and operate a local control centre for each non-connected portion of the distribution system under its control.
(4) A distribution licensee shall comply with the following conditions, to - (a) extend distribution services to consumers, consistent with the eligibility criteria established by the Authority and with the distribution licensee’s investment programme; (b) operate a local dispatching control centre for balancing loads with electric supplies received at distribution receiving points; (c) obtain sufficient – (i) transmission capacity from the transmission licensee or the dispatch licensee, when available, and (ii) capacity and electric supplies from generation licensees, other foreign or domestic persons, and the dispatch licence (if providing those services), to meet its customers’ requirements on a least cost, continuous and reliable basis; (d) establish procedures approved by the Authority for obtaining and terminating service, metering, billing and collection; (e) develop and provide to the Authority, and make available to the public an investment programme; (f) charge only those rates, and impose only those terms and conditions of service approved by the Authority under Part IV; (g) make available to the public in the licensee’s offices – (i) the licensee’s licence and approved tariffs, (ii) the licensee’s approved conditions of service governing procedures for obtaining and terminating services, (iii) the licensee’s approved terms of service governing metering, billing and collection, and (iv) a description of the performance standards applicable to the licensee, including outage standards and time required to connect new customers; (h) timely pay all license fees imposed by the Authority; and (i) comply with all other terms and conditions of the licence.
(5) The conditions set out in subsection (4) are deemed to be a part of the distribution licence.
(6) If the Authority revokes a distribution licence for - (a) delays in the payment by the distribution licensee of any fees, as required by the Authority; (b) failure of the distribution licensee to render satisfactory service under its distribution licence; or (c) non-compliance with the terms and conditions of the distribution licence, the Department of State may, at its option, purchase for a sum equal to a fair market value all or any part of the distribution system properties of the distribution licensee, other than cash, accounts receivable, bonds, notes, stocks or other securities owned or held by the distribution licensee.
(7) The distribution licensee is not entitled to any payment for the value of its distribution licence or for the valuation of good will.
(8) The fair market value of the distribution system properties payable by the Department of State to the distribution licensee is determined as follows - (a) the Department of State and the distribution licensee shall each, within thirty days after the date of revocation of the distribution licence, designate in writing and deliver to the other the name of a disinterested independent appraiser; (b) each appraiser shall make its own independent appraisal of the system to be purchased; and (c) on completion of the appraisal, the appraisers shall exchange their appraisals and each appraiser shall send a copy of his or her appraisal to the Department of State and the distribution licensee, and thereafter, negotiate a fair market purchase price.
(9) If, one hundred and twenty days after the negotiation, the Department of State and distribution licensee fail to agree on a “fair market value” purchase price, the Department of State may exercise its powers of eminent domain to acquire such of the distribution system properties of the distribution licensee as the Department of State determines are required to provide continuous uninterrupted service in the distribution licensee’s area of supply.
(10) in this section - “ fair market value” means the sum which would be paid by a willing purchaser to a willing seller dealing at “arm’s length” determined as provided in subsection (9).
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