Department of Energy
The energy department has published a notice on its website extending the public comment period for two recently released electricity bills.
The two bills are the National Energy Regulator Amendment Bill and the Electricity Regulation Second Amendment Bill. They were published for comment in December.
The National Energy Regulator Amendment Bill seeks to amend the National Energy Regulator Act 40 of 2004.
Cabinet approved the bill for public comment in October last year.
According to the cabinet statement released at the time, the bill aims to:
• Approve the regulator’s decision-making process by establishing an appeal board
• Improve the governance and accountability of the regulator
• Improve the structure and working relations of the regulator
In essence, the proposed legislation seeks to set up a single regulator to regulate the electricity, piped-gas and petroleum pipeline industries.
The proposed legislation intends repealing or amending sections of the:
• Electricity Act of 1987
• Gas Act of 2001
• Gas Regulator Levies Act of 2002
• Petroleum Pipelines Act of 2003
The Electricity Regulation Second Amendment Bill was also approved by Cabinet in October last year.
According to the Cabinet statement released at the time, the bill aims to:
• Ensure alignment between the different laws in place relating to the electricity industry
• Provide for efficient regulation of the different licensees
• Ensure speedy implementation of electricity infrastructure projects
• Provide for the efficient procurement of power from independent power producers
• Enhance regulation within the electricity industry
The proposed legislation aims to further strengthen the national regulatory framework for the local electricity supply industry.
The bill seeks to introduce the concept of “dispatch” into the scope of the act.
According to the bill, dispatching means the “scheduling, coordination and management of the flow of electricity produced by generation facilities into and out of the national transmission power system, including the start-up and shut-down of those facilities”.
The proposed legislation also aims to acknowledge the existence of independent power producers in the energy sector.
In the statement, the department explains that the extensions are being given due to the “limited amount of time” that stakeholders and the general public have been afforded to engage with the bills and provide comment.
The new deadlines for public comment are as follows:
• National Energy Regulator Amendment Bill- 10 February 2012
• Electricity Regulation Second Amendment Bill- 17 February 2012
Sabinet Cape Town Office

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