The attention of the Enugu State Electricity Regulatory Commission (EERC) has been drawn to a PUBLIC NOTICE – captioned THE APPLICATION OF MULTIPLE TARIFF REGIMES IN THE NIGERIAN ELECTRICITY SUPPLY INDUSTRY issued by the Nigerian Electricity Regulatory Commission (NERC) on Thursday, 24th day of July 2025.
In the Public Notice, NERC raised concerns about the recent Tariff Order issued by EERC to MainPower Electricity Distribution Ltd (MPEDL), a subsidiary distribution company (DisCo) incorporated by Enugu Electricity Distribution Plc (EEDC) to take over its electricity distribution operations in Enugu State, pursuant to the Electricity Act 2023.
In the ten (10) paragraph Public Notice, NERC raised issues of facts and laws, misconceptions, and misplaced focus. These are significant and warrant this rejoinder to provide clarifications and necessary information to stakeholders and the public.
1. NERC accurately stated in paragraph 1 of the Public Notice that:
“The Nigerian Electricity Supply Industry (“NESI”) was fully decentralized in 2023…and extensive provisions were made in the EA (Electricity Act 2023) for the orderly transition of powers over intra-state electricity market from the Federal Government of Nigeria 9”FGN”) under the auspices of the National Assembly, Federal Ministry of Power (“FMoP”) and the Nigerian Electricity Regulatory Commission (“NERC” or the “Commission”) to subnational institutions upon fulfilment of the conditions specified in the Act.”
The crux of the matter, and the key question in a decentralized electricity supply industry, is whether multiple tariff regimes are reasonably possible. Furthermore, where a State like Enugu State has assumed full regulatory oversight over its intrastate market, is it precluded from issuing a Tariff Order for that market?
2. NERC in paragraph 3 of its Public Notice referenced the Concurrent Legislative List - Paragraphs 13 and 14 of Part II of the Second Schedule to the Constitution of the Federal Republic of Nigeria, 1999, as amended (CFRN) to highlight the powers of the National Assembly and the House of Assembly of a State to make laws on NESI matters. The Notice underlined Paragraphs 13(b) and (e). NERC ignored the fact that the National Assembly is NOT authorised to make laws on the matter of distribution of electricity.
READ THE APPLICATION OF MULTIPLE TARIFF REGIMES IN THE NIGERIAN ELECTRICITY SUPPLY INDUSTRY
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