The Nigerian Electricity Regulatory Commission (NERC) has
come up with reviewed penalties for electricity customers involved in
unauthorised access to electricity supply by tampering and meter bypass by
electricity.
The review according the Commission was undertaken following
several complaints it received complaints from the Distribution Companies,
DISCOs on the ugly incidents.
According to the a
circular entitled, “Order on unauthorised access, meter tampering and by-pass
order no: NERC/REG/41/2017, and signed by the Vice chairman of NERC, Sanusi
Garba and Commissioner, Legal, Licensing & Compliance Dafe C. Akpeneye,
respectively, authosried DISCOs to disconnect unauthorised to distribution
network.
According to the Commission, “Any single phase residential
customer that gains unauthorised access to electricity by tampering or meter
bypass shall be reconnected upon payment of the reconnection costs of
N50,000.00 initial and 75,000.00 for subsequent incidents.
For three phase residential customers, violators of this
order are expected to pay N100,000.00 for initial incident and fine of
N150,000.00 for subsequent incidents, while single phase commercial would pay
N50,000.00 and N75,000.00, as well as three phase commercial fine of
N100,000.00 and N100,000.00, respectively.
The Commission also
noted that “The initial incident of unauthorised access to electricity by
tampering or bypassing an Maximum Demand, MD meter shall attract a reconnection
cost of 300% of the last authorised recorded monthly consumption of the
customer. Subsequent incidents of unauthorised access to electricity by
tampering or bypassing an MD meter shall attract a reconnection cost of 450% of
the last authorised recorded monthly consumption of the customer.”
According to NERC, whereas “The Nigerian Electricity
Regulatory Commission (the “Commission”) is required by section 32 (1) (b) of
Electric Power Sector Reform Act (“EPSRA”) to maximize access to electricity
services, by promoting and facilitating customer connection to distribution
systems in both rural and urban areas. “
The Connection & Disconnection Procedures for
Electricity Services (“CDPES”) Regulations of 2007 provide for the connection
of customers to electricity distribution networks by distribution companies
(“DisCos”).
DISCOS are authorised to disconnect unauthorised connections
to the distribution network without giving any notice in compliance with Regulation
6 (a) of CDPES.
“The conditions for reconnecting unauthorised connections to
the distribution network are provided for Regulation 12 (1)(c) of CDPES and
these conditions include, Customers’ formalisation of electricity supply
arrangements to the satisfaction of the DISCOs, payment of approved
reconnection costs to the DISCOs or entering into an agreement for the payment
of reconnection costs.
“The Commission has received complaints from DISCOs and has
also observed an increase in the incidents of unauthorised access to
electricity and meter bypass by customers.”
“A customer that
gains access to electricity by tampering or meter bypass shall in addition to
paying for the reconnection costs and administrative charges stated above be
liable to pay for the loss of revenue by the DISCOs for the unauthorised
consumption by paying back-bills.
“DISCOs are
authorised to back-bill customers who gain unauthorised access to electricity
at the prevailing tariff of the customer for the established period of the unauthorised
access. All DISCOs shall file reports on all cases of unauthorised access with
the Commission on a monthly basis.”
VANGUARD
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