Section 8
Electricity licences
(1)
The Authority may, with the approval of the Minister, grant or extend an electricity licence, unconditionally or subject to such conditions as the Authority may impose and specify in the licence, and revocably or irrevocably as specified therein, authorising any person to -
(a)
generate electricity;
(b)
transmit electricity;
(c)
distribute electricity for or on behalf of a distribution licensee.
(2)
Every electricity licence granted or extended under this section shall be in writing and shall continue in force, unless revoked or suspended in accordance with this Part, for such period as may be specified in the electricity licence.
(3)
An electricity licence may include any restriction or condition
(whether or not relating to the activities authorised by the electricity licence)
a which appears to the Authority to be requisite or expkdient.
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(4)
Without prejudice to the generality of subsections (1) and (3). an electricity licence may include any condition -
•
(a)
requiring the electricity licensee -
(i)
to pay to the Authority a fee on the grant of the electricity licence or to pay to it periodic fees during the currency of the licence or both. of such amount as may be determined by or under the licence;
(ii)
to enter into any agreement or arrangement on specified terms or on terms of a specified type relating to its trading or operation or for the connection to or use of any electric line or plant owned or operated by the electricity licensee or the other party to the agreement or arrangement;
(iii)
to observe, with such modification or exemption as may be approved by the Authority, specified codes of practice;
(iv)
to maintain specified financial accounting records and prepare financial accounts according to specified principles;
(v)
to appoint, at such intervals and on such terms as the
Authority may direct, an independent technical auditor for the purposes specified in the condition;
(vi)
to prepare for approval by the Authority guidelines regarding the procedures the licensee must follow in the event of any public emergency;
(vii)
to do or not to do such things as are specified in the electricity licence or are of a description so specified;
(viii)
where the electricity licensee is a transmission licensee, to carry out any work related to the development of a transmission system; and
(ix)
where the electricity licensee is a distribution licensee.
to carry out any work related to the development of a distribution system or the supply of electricity to any premises;
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(b)
controlling or fixing prices to be charged for the services provided by a transmission licensee including -
(i)
the fixing of prices or the rate of increase or decrease in prices;
(ii)
the fixing of a maximum price or maximum rate of increase or minimum rate of decrease in the maximum price;
(iii)
the fixing of an average price or an average rate of increase or decrease in the average price;
(iv)
the setting of pricing policies or principles;
(v)
the setting of prices with reference to a general price index, the cost of production, a rate of return on assets employed or any specified factor; and
(vi)
the setting of prices with reference to the quantity, location, period or other specified factors relevant to the activities authorised by the licence;
(c)
in the case of a transmission licensee -
(i)
imposing controls and restrictions, directly or indirectly, on the creation, holding or disposal of shares in the licensee or its shareholders or of interests in the undertaking of the licensee or any part thereof; and
(ii)
imposing restrictions on the carrying on by the licensee of any trade or business which is not related to the activity which the licensee is authorised by its electricity licence to carry on; and
(d)
which provides for any one or more of the conditions specified in the electricity licence to cease to have effect at such times and in such manner and circumstances as may be specified in or determined by or under the condition.
(5)
The Authority shall in writing notify an applicant for the grant or extension of an electricity licence of its decision to grant or refuse to grant or extend the licence and, in the case of a decision to refuse to grant or extend the licence, the reasons for its decision.
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