ELECTRIC POWER SECTOR REFORM ACT (AMENDMENT) BILL 2018 A BILL FOR AN ACT TO AMEND THE ELECTRIC POWER SECTOR REFORMS ACT TO PROHIBIT AND CRIMINALISE ESTIMATED BILLING BY ELECTRIC DISTRIBUTION COMPANIES AND PROVIDE FOR COMPULSORY INSTALLATION OF PRE-PAID METERS TO ALL POWER CONSUMERS IN NIGERIA AND OTHER RELATED MATTERS

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ELECTRIC POWER SECTOR REFORM ACT (AMENDMENT) BILL 2018
A BILL FOR AN ACT TO AMEND THE ELECTRIC POWER SECTOR REFORMS ACT TO PROHIBIT AND CRIMINALISE ESTIMATED BILLING BY ELECTRIC DISTRIBUTION COMPANIES AND PROVIDE FOR COMPULSORY INSTALLATION OF PRE-PAID METERS TO ALL POWER CONSUMERS IN NIGERIA AND OTHER RELATED MATTERS.

                                                          SPONSORED BY HON. FEMI GBAJABIAMILA.
COMMENCEMENT
ENACTED BY THE NATIONAL ASSEMBLY OF THE FEDERAL REPUBLIC OF NIGERIA AS FOLLOWS:
The Electric Power Sector Reform Act (herein referred to as “The Principal Act”) is hereby amended as set out hereunder.
Section 35 (2) of the Principal Act is amended by inserting immediately after the word “term” the phrase “except reappointed under sub section 4 of this section”.
Section 67 sub section 1 of the Principal Act is amended by deleting the entire paragraph (b) and replacing same with a new paragraph (b) as follows:
“the installations, maintenance and checking of pre-paid
meters, tariff methodology and proscription of estimated
billings”.
The Principal Act is amended by creating new sections 68 to 72 as follows:
68 -(1) Estimated billing methodology is hereby prohibited in
Nigeria.

– (2) Every electricity consumer in Nigeria shall apply to the

Electricity Distribution Company carrying out business
within his jurisdiction for a pre-paid meter and such
consumer shall pay the regulated fee for pre-paid meter
to be installed in his premises and the Electricity
Distribution Company shall within 30 days of receiving
the application and payment install the pre-paid meter
applied for in the premises of the consumer.

-(3) Customers who elect to buy their pre-paid meters through
Credit Advancement Metering Implementation must state
it in their applications and such customers must be
metered within 30 days of the receipt of their
applications.

-(4) All electricity charges or billings to the premises of every
consumer shall be based strictly on pre-paid metering
and no consumer shall be made to pay any bill without a
pre-paid meter first being installed at the premises of the
consumer.

-(5) If a Customer is not metered within 30 days after
application has been duly made, the relevant electricity
distribution company is prohibited from refusing to
connect the customer or disconnect the customer in the
event that the customer has been connected or estimate his
bills
S. 69. Upon connection, the Electricity Distribution Company serving
the Consumer must inform the customer in writing on the
nature of the meter installed, tariff methodology and all other
services available to the customer.

70. In giving effect to the provisions of this Act, the National
Electricity Regulatory Commission as the Regulatory body must
ensure that all licensed Distribution Companies comply with the
provisions of this Act.

71. All cases of illegal disconnection, refusal of the relevant
Distribution Company to connect a customer after application,
un-metering within 30 (thirty) days of a customer applying for a
pre-paid meter and estimated billing shall attract both civil and
criminal liability.

and any officer found guilty shall be liable to a fine of N500,000 (Five Hundred Thousand Naira) or imprisonment for a term of 6 months or to both such fine and imprisonment as the Court may deem fit.

Section 94 sub section (2)of the Principal Act is amended by creating a new sub-section (4) as follows:
“any person who performs any act or does anything or refuses,
fails and/or neglected to carry out his lawful duties with
intention to contravene or frustrate the Implementation of
sections 68 and71 of this Act is said to have committed an
offence; and upon conviction shall be liable to 6 (six) months
imprisonment or a fine of N1, 000,000, (One Million Naira) or
to both such fine and imprisonment without prejudice to the
right of the Commission to cancel or suspend any license
under this Act”.
This Bill may be cited as the Electric Power Sector Reform Act (Amendment) Bill, 2018.
EXPLANATORY NOTES
This Bill seeks to amend the Electric Power Sector Reform Act to prohibit and criminalize estimated billings by distribution Licensee and other related matters.

71 Comments on “ELECTRIC POWER SECTOR REFORM ACT (AMENDMENT) BILL 2018 A BILL FOR AN ACT TO AMEND THE ELECTRIC POWER SECTOR REFORMS ACT TO PROHIBIT AND CRIMINALISE ESTIMATED BILLING BY ELECTRIC DISTRIBUTION COMPANIES AND PROVIDE FOR COMPULSORY INSTALLATION OF PRE-PAID METERS TO ALL POWER CONSUMERS IN NIGERIA AND OTHER RELATED MATTERS”

  1. This is a good bill what the Nigerians want from the national Assembly other otherwise. This bill will correct a lot of anomalies in the power sector, carry go.

  2. This is very commendable. Apart from protecting the customer from extortion by the DISCOs, it will also force DISCOs to invest in improvement of their distribution facilities to ensure stable power because no light, no purchase of prepaid units.

    No more Osho free money for them.

  3. Thank you so much…. for over three years, I have been inundated with extimated bills. Those are the times I didn’t have any electronic devices in my apartment except bulbs and a home theatre. The average bill was between 10,000 to 15,000 the amount my neighbour, who was fortunate to have a pre paid meter and have all the electronic devices there are, would use in six months. This bill has gone up to 360,000 naira and I have been threatened by IKDC that I must pay. This is injustice and should not be allowed to stand. Several Nigerians are going through similar challenge. Thank you so much for your timely intervention. God bless you sir.

  4. This is the best act of parliament that will endear Nigerians to the National Assembly and make us feel that we are truly being represented. I am quite glad it has passed the first and second reading.
    Being a victim of estimated bills and having been disconnected since March 24 till date, because I have refused to pay further bills, I cannot wait for this bill to be passed to law. Electricity consumers have suffered enough.
    I have a file for Eko Electricity Distribution Company and petition sent to NERC Eko Forum till date. Nothing has happened.
    I am ready and willing to provide such information at your constituency office in Surulere.
    Well done.
    Betty Udokwe. (
    Mrs)

  5. This is great sir. And will be a wonderful and plausible achievement by you if passed. I commend you for this.

  6. Great bill. If passed and given effect, it will checkmate the long-standing fraud by the legalized extortion machines, that the Discos are, against hapless electricity consumers.

    Please do all within your power to push this legislation through.

    May you succeed.

  7. This is a good amended bill and it will assist us to challenge the crazy bills from discos.

  8. Great initiative sir! In lieu of the bill being passed into law , I have it on good authority that DISCOS are currently giving customers estimated bills with over 200% cost of their average actual. Being predated to the actual passing of the bill into law, consumers would still have to pay.

  9. Dear Sir,
    I appreciate your courage to stand against the robbery being perpetrated by these distribution companies. It is laudable.

    However, requiring the consumers to pay for the prepaid metres is not in the interest of the people. The Electricity Distribution Companies whose property the metres are should be responsible for installing such free of charge to the consumers for the purpose of their own business.

    Just for the fact that it is a norm to take advantage of consumers in Nigeria should not mean that we cannot attempt to be better. Therefore Sir, I would love for that part to be altered to insist that whoever the person may be, the DISCOs should install a prepaid metre without any further delay, and any place where estimated billing have been issued for more than six months til date should forthwith be exempted from billing until such a time as a prepaid metre is fixed, and other areas, a maximum 2 months window for others before the same law applies to them.

    Also, they should desist from insisting that consumers pay up the illegally racked up Estimated bills before connecting them to the prepaid.

    I would also want to note that litigation should be to the DISCO itself as against the staffs, which will just give them opportunity to denounce or sack such staffs to remove the liability from themselves.

    Thank you.

  10. Congratulations to all Nigerians and to the National Assembly, Thank you Mr Gbajabiamila for the good Moton been moved by you, We are proud of you, May Allah bless the Federal republic of Nigeria.

  11. I support the Bill seeking to Amend the Electric Power Sector Reform Act to prohibit and criminalize estimated billings by distribution licensee. It is Stealing by trick.

  12. Good day Sir, a guy in my area at Jakande Estate in Mile2 was given a bill of NGN30,000 and the houses are just 2 to 3 bedroom flats. Please help out sir. Thank you

  13. This is a very laudable move to liberate us from the shackle of paying for product or quantity of product not consumed.
    Another area that should be visited is the act that makes the generation of electricity ‘exclusive’
    Let it be such that anybody that can afford to generate electricity and probably generate excess of it can sell it to the national grid

  14. this is a good new to Nigerian masses… but which Nigerian dailies (new paper) can we see these and date….

    thanks and Jah bless

  15. This is a laudable achievement by our amiable Representative at lower house. However Sir, it is high time FGN revoked the DISCO’s License all most six years now no meter metering our various household all we get is estimated billing which when they served today by next day they come and disconnect you from the national grid. The most annoying part of it all is that it is the CDA or CDC that provide the Electricity pole, at time provide transformer would also provide for the cables. My prayer is that God would make this proposed bill to sail through all the stages. Thanks and God bless

  16. I totally support this Bill and I pray its given an accelerated passage.
    This is the kind of people oriented Bill need our Assembly to make. Sir you are 7up, you are making the difference.

  17. God bless Nigeria and everyone striving to make life easy for Nigerians.God bless you comrades, God bless you all.

  18. In addition to the above,retrieving of the old meter should attract refund or payment as it was paid for when installed.

  19. God bless you Sir, i wish I am from your constituency, i would have personally campaigned for you. This goes to show that you are in touch with the plight of so many nigerians and you are really interested in improving the power sector. You have done well sir.

  20. Excellent, this will go along way to solve the problems of estimated billings and uneccessarily exploiting poor masses

  21. This is what Nigerians have been waiting for. The cruelty been melted to the Nigerians in the hands of the officers of the distribution company is unimaginable.

    I salute Senator Gbajabiamila for this Bill.

  22. This bill is going to create sum problems in the NESI.
    It should include the following clauses.
    Distribution Networks Equipment Assets Providesign. REVOLVING LOANS FOR CDA and Rural Areas development.
    Payment of Right of way charge to all Local Governments and State Government for standardization of Utility by way of Redevelopment of unplanned new towns utilities cabling.
    Standardization of Buildings wiring by way of reappraisal of all already connected houses and networks that could lead to itches and regulatory stale mates
    Deliberate employment of ND Electrical engineering professionals as Lines men and SSAEAC as Labourers and Mates -Artisan for all professionally related positions in the Power Sector.
    Inclusion of insurance company in the NESI for absorption of sudden loss of Power Transformer
    Inclusion of State Legislative bodies in the inputs to Laws review by NERC and creation of a special court.
    Removal from this act imprisonment of staffers for job done wrongly until all customers are metered and addresses of houses and names of owners are cleared indicated on a number plate procured from local government is conspiracy uously displayed at the entrance or gate of premises
    Inclusion in the Act for NESI to have Customer issues handling companies
    and allowing them to earn.
    Inclusion in the Act and NESI Metering facility Test and calibration arbitrar
    Inclusion in the Act, funding of Transisco power transfomer installation by Pension fund and from proceeds of Electricity sales certain percentages deducted back to pension fund as remittances for borrowing.
    Inclusion in the NESI Power Equipment installation gazetted projects capital outlay by NESI Auditors who compares values for money spent in order not to short change tax payers.
    Inclusion in the Act, Power Tax 1.5% of total salary paid into account of salary earners

  23. God bless Hon Femi Gbajabiamila for sponsoring this bill.I paid twice for meters at different times but they kept saying not available and placed me on estimated billing for years.It was very frustrating and traumatic as a widow.After giving a meter they insisted on spreading the huge amount on the meter to be paying back compulsorily.Its really sad.

  24. I ll appreciate if it can be reversed and backdated to the time they started the erratic billing.They are just putting undue pressure on the poor masses.Thanks so much Your Honor sir

  25. This measure defines true leadership and proper representation to the people by the Federal House. It is the begining of a new era.

  26. The rate at which the electricity company around Ago- Okota palace way, Ago gives its customers outrageous estimated bills is quite alarming especially on dele-orisabiyi street, Ago, Lagos State and demand payment within 7days and disconnect without prior notice is uncalled for. Imagine, charging each flat between 10-18 thousand naira each month is really dubious.

    On this note, we are calling for justice and a stop to this outrageous bills.

    Please give us prepaid meters.

    We have also applied series of times for pre-paid meters yet nothing was done about it instead we are been extorted to pay for forms we fill and yet no response.

    Please, we are crying for Justice

    GIVE DELE-ORISABIYI STREET, AGO PREPAID METERS.

    Kindly treat Urgently.

    Thank you.

  27. I honestly hope this bill will be passed as we are currently suffering from Estimated billing system in Akoka/ Bariga Axis. I personally went to request for the old one as I was told the new meter wasn’t available. Please help us.

  28. This is long over due; I’ll say kudos to entire Nat., Ass., for a good work. To my Hon. Gbajabiamila and all senators involved; I say CONGRAT I’ll continue to admare all your inputs to national development.

  29. good one, this is a course that ijora badia has been agitating for and most of them been victimised by the electric sector.

  30. This is a welcome idea, at least let us have a semblance of sanity in this Country for once. GSM .

  31. This is very good if implemented with utmost integrity.
    I also suggest making open to the customers proper channels of reporting cases.

  32. My Dearest Hon.

    God of heavens will honour you in every facet of life for this bill you have sponsored. Thanks so much. The power sector of Nigeria is FEEDING FAT THROUGH ESTIMATED BILL. And they are doing that with impunity. They compel us to pay for what we didn’t use. We buy Transformers, Meters, Electric Wires, including extalbitant installation Fees by ourselves. Yet they normally give crazy Bill every month without apology. This is killing.

    Sir, once again, God almighty will fight for you and the family in Jesus Name.

    Yours Faithfully
    Dr. Oriade Daniel
    Lagos

  33. well done honorable, this is the beginning of a reformed Nigeria. hope is not yet lost for Nigerian. more grease to your elbows.

  34. A good bill indeed. I wish it gets the blessings of the house if not killed because it is for the common man not elites. God bless you sir Hon. Gbajabiamila…. Chf James Sunday.

  35. This is long overdue; perhaps, the most important bill (law) to be passed this this year. Will it get an “accelerated hearing” and see the light of the day? Our Lawmakers are really waking up from slumber. Thank you Femi.

  36. This should have been done more than 18 years ago, but thank God it’s coming up not. May God bless the family of the people that are pursuing this course. The corruption in electric power sector is horrifying.

  37. This should have been done more than 18 years ago, but thank God it’s coming up now. May God bless the family of the people that are pursuing this course. The corruption in electric power sector is horrifying.

  38. Can this act be amended to regulate the installed meter billing method, cause most of the meter given now by enugu state eddc has problem , the meter cards discharges like mad hence making it even worst than estimated billing. How can your bill please regulate this meters given to customers. Thank you for speaking up at least on this lingering issue. God bless

  39. This Bill will transform our National Economy in a dramatic way, from the day it is passed. I’m in total Support of this bill which will also bring era of ‘day-light robbery’ being practiced by DISCOS to an end.

  40. Dear Honourable, thank you for raising this bill, a lot of Nigerians are facing challenges and exploitation as regards the so call power company in Nigeria, this bill is long overdue and I pray the Almighty Father continue to bless and guide you(Amen). Please continue to press this bill forward to be implemented, you dont know the relief is going to bring to the poor and helpless massed in the hand of power holdings of Nigeria

  41. Thank you for the bill.
    However, the consumer also owe it a duty not to bypass and or tamper with the meters and or installations ,hence the penalties for such actions should be treated as those of sabotage.
    Also, in a case of faulty meters or installations, a time frame upon application for repairs /replacement should be included and failure to attract penalties too, thank you.
    Taiwo Olatokunbo

  42. This is truly the beginning of a new dawn in our country with this new bill on electricity supply. I wish to commend you on this bill and I hope it will be passed into law soonest.

  43. This Amendment Act is in the interest of generality of Nigerians and I commend Hon. Femi Gbajabiamila for presenting this amendment.

    However, I’ve little reservation on two section. ”

    (2) Every electricity consumer in Nigeria shall apply to the
    Electricity Distribution Company carrying out business within his jurisdiction for a pre-paid meter and such consumer shall pay the regulated fee for pre-paid meter to be installed in his premises and the Electricity
    Distribution Company shall within 30 days of receiving the application and payment install the pre-paid meter
    applied for in the premises of the consumer.

    (3) Customers who elect to buy their pre-paid meters through Credit Advancement Metering Implementation must state it in their applications and such customers must be metered within 30 days of the receipt of their applications.”

    Customers are not expected to pay for meters. Even the current provisions still have it that electricity consumers are not expected to pay for meters. Hence, this current amendment should further emphasis and criminalize payment for pre-paid meter.

    I wish in the interest of public, the ateas pointed out are corrected.

    Once more I commend this laudable Bill

    BELLO OLAWALE R.
    Federal University of Technology, Akure
    Ondo State

  44. This Amendment Act is in the interest of generality of Nigerians and I commend Hon. Femi Gbajabiamila for presenting this amendment.

    However, I’ve little reservation on two section. ”

    (2) Every electricity consumer in Nigeria shall apply to the
    Electricity Distribution Company carrying out business within his jurisdiction for a pre-paid meter and such consumer shall pay the regulated fee for pre-paid meter to be installed in his premises and the Electricity
    Distribution Company shall within 30 days of receiving the application and payment install the pre-paid meter
    applied for in the premises of the consumer.

    (3) Customers who elect to buy their pre-paid meters through Credit Advancement Metering Implementation must state it in their applications and such customers must be metered within 30 days of the receipt of their applications.”

    Customers are not expected to pay for meters. Even the current provisions still have it that electricity consumers are not expected to pay for meters. Hence, this current amendment should further emphasis and criminalize payment for pre-paid meter.

    I wish in the interest of public, the ateas pointed out are corrected.

    Once more I commend this laudable Bill

    BELLO OLAWALE R.
    Federal University of Technology, Akure
    Ondo State

  45. SUBMISSION OF ELECTRICITY CONSUMER ADVOCACY NETWORK (ECAN) WITH RESPECT TO PUBLIC HEARING ON ELECTRIC POWER SECTOR REFORM ACT (AMENDMENT) BILL 2018.

    We referred to a bill for an act to amend the Electric Power Sector Reforms Act to prohibit and criminalise estimated billing by Electric Distribution Companies and provide for compulsory installation of pre-paid meters to all power consumers in Nigeria and other related matters.

    ECAN position on the above caption is with respect to amendment made to Section 67 sub section 1 and new Section 68 (2) of the Principal Act which respectively read as follows:

    Section 67 sub section 1 of the Principal Act is amended by deleting the entire paragraph (b) and replacing same with a new paragraph (b) as follows:
    “the installations, maintenance and checking of pre-paid meters, tariff methodology and proscription of estimated billings”.
    [
    Section 68 (2) reads ‘‘Every electricity consumer in Nigeria shall apply to the Electricity Distribution Company carrying out business within his jurisdiction for a pre-paid meter and such consumer shall pay the regulated fee for pre-paid meter to be installed in his premises and the Electricity Distribution Company shall within 30 days of receiving the application and payment install the pre-paid meter applied for in the premises of the consumer.’’

    ECAN is of the opinion that Section 67 sub section 1 of the Principal Act as amended
    should be enacted in consideration of regulations of Nigerian Electricity Regulatory Commission (NERC) Metering Code Version 02 particularly with respect to Distribution Metering Code, as such Section 67 (1) should be rephrased thus: “the installations, maintenance and checking of meters, tariff methodology and proscription of estimated billings”.

    As metering of electricity end-user should not necessarily be a Pre-paid Meter hence, the sub section should recognize meters’ categories in Nigeria Electricity Supply Industry (NESI).

    In the same vein, ECAN is not comfortable with how the new Section 68 (2) was phrased. Customer need neither apply nor pay for pre-paid meter because DISCOs are under the obligations to meter every consumers as metering cost had been incorporated in the existing tariff methodology in NESI.

    In view of the subsection (2) ECAN which to crave indulgence of amiable National Assembly of the Federal Republic of Nigeria to Distribution License Terms and Condition 41(6) which provides that both existing and new customers shall be provided with meters at no extra cost as the costs of meters and associated components have been incorporated in the determination of the end-user tariffs.

    Also need be considered is the NERC approved methodology for the determination of connection charges by Distribution Licensees.

    Other documents which required consideration before enacting the new Section 68(2) is CAPMI-Order No. NERC/05/0001/13 which was with effect from Tuesday 14th May, 2013.

    Credit Advance Programme for Metering Implementation (CAPMI) scheme enable customers willing to make an advance for the purchase of meters to do so and be refunded through reduction to the fixed charge element of their bill over time.
    The scheme is based on the guidelines which includes:
    The DISCO shall ensure that each meter is procured and installed by it staff or by an approved vendor/installer that is (the DISCO) retains and responsible for, within a maximum period of 45 days from the date of payment;
    The DISCO shall refund to the customer the full cost of the meter ( but not a refund of the installation cost) with interest accrued through deductions from monthly fixed charges;
    The amount advanced by the customer shall attract a nominal interest charge of 12%;
    The payment made by the customers shall be amortized over a maximum period of three years or as determined by the commission from time to time;
    The monthly deduction shall be fixed at a minimum of 100% of fixed charged component of the customer’s electricity bill;
    All urban areas within Nigeria (and other areas wherever feasible) shall have smart metering with prepayment functionality and upgraded software; etc.

    Adjunct to the above is Multi-Year Tariff Order (MYTO) for the determination of the cost of electricity sold by Distribution/Retail Companies for the period of 1st June, 2012 to 31st May, 2017.

    Pursuant to methodology established under Section 76, EPSR Act 2005, NERC in 2012 completed a major Tariff Review and thereafter enacted three separate tariff orders, one for each of the sectors in the NESI, namely generation, transmission and Distribution (The MYTO-2 Tariff Orders).

    The MYTO provides a fifteen (15) year tariff path and allows for bi-annual minor reviews and a major review no more than five years apart so as to keep the tariffs in line with current realities.

    The order takes cognisant of inevitability of losses within the market. Consequence of the transfer of electricity energy across transmission and distribution network. It identified that not all the energy delivered to an electricity distribution network is billed and, if billed, paid for. Such energy that is lost for technical or commercial reasons has to be fully accounted and paid for.

    Section 7 of each of the three Tariff Orders for Generation, Transmission and Distribution also mandates NERC to carry out the undermentioned indices are considered during the minor review of MYTO.
    Rate of Inflation;
    Foreign exchange rates;
    Cost of fuel (Gas price); and
    Actual available generation capacity.
    Upon the above stated premise MYTO provided for customer the right to accurate and properly installed metering and transparent billing. That customers will not pay in bulk to acquire a meter as the cost has been included and spread across their tariff. They only have to pay an approved fee for connection.

    In view of enactment of the tariff order, NERC directed DISCOs to provide meters to all customers within eighteen months starting from 1st June, 2012 to ensure that consumers only pay for what they consume and bring an end to estimated billing.

    Furthermore, new Section 68(2) of the EPSR Act (Amendment) should also considered the provisions of MAP Regulation 2018 (Regulation No: NERC-R-112), under which the DISCOs has responsibility to meetings its metering targets obligations amongst others in consonant with direction of NERC; and that NERC shall within 120 days of the commencement of this regulation which was 1st April, 2018, issue an order on the capping of the bills of unmetered customers to address the issue of estimated billing in NESI.

    It is against the backdrop of the above enunciation that ECAN is suggesting that the new Section 68(2) be rephrased to expunge the phrase ‘‘Shall apply’’ and ‘‘Shall pay’’ as its read thus ‘‘Every electricity consumer in Nigeria shall apply to the Electricity Distribution Company carrying out business within his jurisdiction for a pre-paid meter and such consumer shall pay the regulated fee for pre-paid meter to be installed in his premises and the Electricity Distribution Company shall within 30 days of receiving the application and payment install the pre-paid meter applied for in the premises of the consumer’’, and should rather enacts sanction against noncompliance of DISCO’s to metering directives.
    Enacting that consumer shall apply and for pay pre-paid meter is a fraud and double charged of consumers after the cost of the metering had earlier been incorporated to tariff paid by consumers since enactment of Multi Year Tariff Order (MYTO).

    PRESENTED BY ELECTRICITY CONSUMER ADVOCACY NETWORK (ECAN),
    LAGOS STATE, NIGERIA FOR CONSIDERATION OF THE NATIONAL ASSEMBLY OF THE FEDERAL REPUBLIC OF NIGERIA.

    For: ECAN
    BALOGUN A.B.
    COORDINATOR.
    (08023976210 / 08138674681)

  46. This is a very sound Bill initiated by a sound andvastute law maker of distinction. This is hoping that this Bill will soon become law so that Nigerians like me can hieve a sigh of relief. It is criminal for the Telcos to be billing consumers for power not supplied while consumers remain helpless.

  47. This is an awesome and commendable effort on behalf of our senator. It’s about time that this over billing and estimate billing is addressed. More power to you elbow sir, great effort and thank you.

  48. Great Sponsorship. Great Bill. God bless you sir. The end of evil estimates is here.

  49. SUBMISSION OF ELECTRICITY CONSUMER ADVOCACY NETWORK (ECAN) WITH RESPECT TO PUBLIC HEARING ON ELECTRIC POWER SECTOR REFORM ACT (AMENDMENT) BILL 2018.We referred to a bill for an act to amend the Electric Power Sector Reforms Actto prohibit and criminalise estimated billing by Electric Distribution Companiesand provide for compulsory installation of pre-paid meters to all powerconsumers in Nigeria and other related matters. ECAN position on the above caption is with respect to amendment made to Section67 sub section 1 and new Section 68 (2) of the Principal Act which respectively readas follows: Section 67 sub section 1 of the Principal Act is amended by deleting the entireparagraph (b) and replacing same with a new paragraph (b) as follows:“the installations, maintenance and checking of pre-paid meters, tariffmethodology and proscription of estimated billings”.[Section 68 (2) reads ‘‘Every electricity consumer in Nigeria shall apply to theElectricity Distribution Company carrying out business within his jurisdiction for a pre-paid meter and such consumer shall pay the regulated fee for pre-paid meter to beinstalled in his premises and the Electricity Distribution Company shall within 30 daysof receiving the application and payment install the pre-paid meter applied for in thepremises of the consumer.’’ECAN is of the opinion that Section 67 sub section 1 of the Principal Act as amendedshould be enacted in consideration of regulations of Nigerian Electricity RegulatoryCommission (NERC) Metering Code Version 02 particularly with respect toDistribution Metering Code, as such Section 67 (1) should be rephrased thus: “theinstallations, maintenance and checking of meters, tariff methodology andproscription of estimated billings”. As metering of electricity end-user should not necessarily be a Pre-paid Meterhence, the sub section should recognize meters’ categories in Nigeria ElectricitySupply Industry (NESI). In the same vein, ECAN is not comfortable with how the new Section 68 (2) wasphrased. Customer need neither apply nor pay for pre-paid meter because DISCOsare under the obligations to meter every consumers as metering cost had beenincorporated in the existing tariff methodology in NESI.In view of the subsection (2) ECAN which to crave indulgence of amiable NationalAssembly of the Federal Republic of Nigeria to Distribution License Terms andCondition 41(6) which provides that both existing and new customers shall beprovided with meters at no extra cost as the costs of meters and associatedcomponents have been incorporated in the determination of the end-user tariffs.Also need be considered is the NERC approved methodology for the determinationof connection charges by Distribution Licensees.
    Other documents which required consideration before enacting the new Section68(2) is CAPMI-Order No. NERC/05/0001/13 which was with effect from Tuesday14th May, 2013.Credit Advance Programme for Metering Implementation (CAPMI) scheme enablecustomers willing to make an advance for the purchase of meters to do so and berefunded through reduction to the fixed charge element of their bill over time.The scheme is based on the guidelines which includes:i. The DISCO shall ensure that each meter is procured and installed by it staffor by an approved vendor/installer that is (the DISCO) retains andresponsible for, within a maximum period of 45 days from the date ofpayment;ii. The DISCO shall refund to the customer the full cost of the meter ( but not arefund of the installation cost) with interest accrued through deductions frommonthly fixed charges;iii. The amount advanced by the customer shall attract a nominal interestcharge of 12%;iv. The payment made by the customers shall be amortized over a maximumperiod of three years or as determined by the commission from time to time;v. The monthly deduction shall be fixed at a minimum of 100% of fixedcharged component of the customer’s electricity bill;vi. All urban areas within Nigeria (and other areas wherever feasible) shallhave smart metering with prepayment functionality and upgraded software;etc.Adjunct to the above is Multi-Year Tariff Order (MYTO) for the determination of thecost of electricity sold by Distribution/Retail Companies for the period of 1st June,2012 to 31st May, 2017. Pursuant to methodology established under Section 76, EPSR Act 2005, NERC in2012 completed a major Tariff Review and thereafter enacted three separate tarifforders, one for each of the sectors in the NESI, namely generation, transmission andDistribution (The MYTO-2 Tariff Orders).The MYTO provides a fifteen (15) year tariff path and allows for bi-annual minorreviews and a major review no more than five years apart so as to keep the tariffs inline with current realities. The order takes cognisant of inevitability of losses within the market. Consequenceof the transfer of electricity energy across transmission and distribution network. Itidentified that not all the energy delivered to an electricity distribution network isbilled and, if billed, paid for. Such energy that is lost for technical or commercialreasons has to be fully accounted and paid for.Section 7 of each of the three Tariff Orders for Generation, Transmission andDistribution also mandates NERC to carry out the undermentioned indices areconsidered during the minor review of MYTO.a. Rate of Inflation;b. Foreign exchange rates;
    c. Cost of fuel (Gas price); andd. Actual available generation capacity.Upon the above stated premise MYTO provided for customer the right to accurateand properly installed metering and transparent billing. That customers will not pay inbulk to acquire a meter as the cost has been included and spread across their tariff.They only have to pay an approved fee for connection.In view of enactment of the tariff order, NERC directed DISCOs to provide meters toall customers within eighteen months starting from 1st June, 2012 to ensure thatconsumers only pay for what they consume and bring an end to estimated billing.Furthermore, new Section 68(2) of the EPSR Act (Amendment) should alsoconsidered the provisions of MAP Regulation 2018 (Regulation No: NERC-R-112),under which the DISCOs has responsibility to meetings its metering targetsobligations amongst others in consonant with direction of NERC; and that NERCshall within 120 days of the commencement of this regulation which was 1st April,2018, issue an order on the capping of the bills of unmetered customers to addressthe issue of estimated billing in NESI.It is against the backdrop of the above enunciation that ECAN is suggesting that thenew Section 68(2) be rephrased to expunge the phrase ‘‘Shall apply’’ and ‘‘Shallpay’’ as its read thus ‘‘Every electricity consumer in Nigeria shall apply to theElectricity Distribution Company carrying out business within his jurisdiction for a pre-paid meter and such consumer shall pay the regulated fee for pre-paid meter to beinstalled in his premises and the Electricity Distribution Company shall within 30 daysof receiving the application and payment install the pre-paid meter applied for in thepremises of the consumer’’, and should rather enacts sanction againstnoncompliance of DISCO’s to metering directives. Enacting that consumer shall apply and for pay pre-paid meter is a fraud and doublecharged of consumers after the cost of the metering had earlier been incorporated totariff paid by consumers since enactment of Multi Year Tariff Order (MYTO).PRESENTED BY ELECTRICITY CONSUMER ADVOCACY NETWORK (ECAN),LAGOS STATE, NIGERIA FOR CONSIDERATION OF THE NATIONAL ASSEMBLYOF THE FEDERAL REPUBLIC OF NIGERIA.For: ECAN BALOGUN A.B. COORDINATOR. (08023976210 / 08138674681)

  50. Thank you very much for this eye opener.

    The Discos have refused to issue pre-paid meters while giving the estimated bills. When you apply for pre-paid meters, they will request you to pay up the accrued estimated bills given while in darkness.

    What should we do when they insist not to issue us the pre-paid meter after we have applied?

    Your quick advice would be highly appreciated.

  51. We are grateful for this bill which is long overdue, tnx to chief Obafemi Awolowo, who said we will have to rise & fight for ourselves. No going back Aluta continua Victoria acceta

  52. Has these been passed finally, I still see some of the electricity company that don’t care about the bill. Has been enacted?

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