Sierra Leone Electricity and Water Regulatory Commission Act 2011,

STATUTORY INSTRUMENT Supplement to the Sierra Leone Vol. CXLX, No. 91 dated 13th December, 2019 Extraordinary Gazette CAPTIVE ELECTRICITY GENERATION PERMIT RULES 2019 In exercise of the powers conferred upon it by section 66 of the Sierra Leone Electricity and Water Regulatory Commission Act 2011, the Commission makes the following rules-

“Act” means the Sierra Leone Electricity and Water Regulatory Commission Act, No. 13 of 2011; “authorised representative” means any person authorised by an applicant to represent the applicant in matters before the Commission; PART I-PRELIMINARY Short title. Interpretation. “captive power generation” means generation of electricity exceeding 10KVA for the purpose of consumption by the permit holder and which is consumed by the permit holder itself, and not sold to a third-party; “captive power plant” means a power plant of over 10 KVA in capacity set-up by the applicant or licencee for own use; “Commission” means the Sierra Leone Electricity and Water Regulatory Commission established under section 3 of the Act; “consortium based captive power plant” means a power plant owned by a group of industries for their own use, except when the plant is not available; “officer” means a staff or authorised representative of the Commission; “permit” means a permit granted by the Commission under these Rules; “permit holder” means any person issued a permit by the Commission pursuant to these Rules; “person” includes an individual, a company, partnership or any association of individuals, whether incorporated or not.

(a) a captive generator that produces electricity from a generation unit with a rated output of 10KVA and above for the generator's own use and not for resale to a third party; (b) a captive power generator for commercial and industrial purposes. (2) For the purposes of these rules an electricity generator plant established as a cooperative to supply power solely to the members shall be deemed to be a captive generator.

A person shall not install or operate an electricitygeneration unit of a rated output of 10KVA and above unless that person holds a captive generation permit issued by the Commission.

(a) fill out the application form set out in Schedule 1; (b) a t t a c h t o t h e a p p l i c a t i o n f o r m a n environmental impact assessment certificate issued by the Environmental Protection Agency, in the case of a person applying to install or operate a generation plant with a capacity of 500KVA or more; (c) deliver the application at the Commission's principal place or any other place as determined by the Commission; PART II - APPLICATION FOR A PERMIT Application. Requirement for a permit. Application for a permit. (d) on submission of the application pay an application fee as determined by the Commission and published in the Gazette.

(a) acknowledger receipt of the application made under rule 4 within 10 days of receiving the application; (b) inform the applicant in writing of its decision within 30 days of receiving the application. (2) The Commission shall issue a permit subject to the applicant meeting the technical and operational requirements set out in the Act or statutory instruments made under the Act (3) Where the Commission refuses the application it shall communicate its decision to the applicant within 30 days stating the reasons for the refusal.

The applicant whose application is successful shall pay thepermit fee as determined by the Commission and published in the Gazette.

(1) A permit issued under these rules shall be valid for aperiod of 5 years. (2) A permit may be renewed at the end of its term subject to the holder complying to the terms and conditions of the permit.

Commission and published in the Gazette. Issuance of Permit. Permit Fee. Duration of Permit. Annual fee. PART III - TRANSFER OF PERMIT AND OTHER RELATED PROVISIONS

(1) A permit holder shall not transfer the permit toanother person unless he submits to the Commission a written application in the form as set out in Schedule 2 requesting authorisation to transfer the permit . (2) The Commission shall not unduly withhold its authority to grant the authorization to transfer the permit. (3) Where the Commission does not grant the application it shall state the reasons for not granting the authorization to transfer the permit .

(1) The Commission may suspend or cancel a permit whereit is satisfied that - (a) the permit holder has contravened a term or condition of the permit; (b) the permit holder has given information to the Commission which is false or misleading ; (c) it is in the public's interest to do so. (2) Where the Commission has grounds for the suspension or cancellation of a permit it shall notify the permit holder of its intention and shall give the permit holder an opportunity to show cause why the permit should not be suspended or cancelled. (3) Where the permit holder is unable to persuade the Commission or fails to respond to the notice referred to in sub-rule 2, the Commission shall proceed to suspend or cancel the permit in accordance with section 35 of the Act. Transfer of Permit. Suspension or cancellation of permit. (4) The Commission shall restore the permit when the holder remedies the defect that gave rise to the suspension or cancellation.

– (a) meets the standards relating to specification and design; (b) is installed and operated by a qualified person and in accordance with good practice; (c) is installed at an appropriate location; (d) complies with environmental requirements. (2) An operator of a captive generation plant shall ensure that – (a) the generation plant and its associated facilities – (i) are operated and maintained in accordance with the manufacturer's manual; (ii) do not pose a danger to the public; and (b) the highest level of safety is observed. (3) Where the facilities are connected to an electricity network, the permit holder shall ensure that the generation plant and facilities are operated- Conditions of permit. (a) in accordance with the distribution or grid code; and (b) in a manner that prevents interference with the network.

(1) A licensee whose network is connected to the permitholder's facilities shall ensure that the captive generation plant and associated facilities are compatible with the licensee's network. (2) For the purposes of this rule a licensee means a person issued with a licence by the Commission to undertake an activity specified under the Act or statutory instruments made under the Act.

T h e C o m m i s s i o n s h a l l a p p o i n t i n s p e c t o r s t oinspect plants and facilities at such times as the Commission may determine.

(a) maintain a register of permit holders; and (b) publish the list of permit holders in the Gazette and on its website.

(a) operates a generation plant, installation or facility without the requisite qualification or permit; (b) allows unqualified persons to operate the generation plant; PART IV - MISCELLANEOUS Network connected to facilities. Inspection. Register. Offences. (c) obstructs or interferes with a member of the Commission carrying out functions under the Act or statutory instruments made under the Act; (d) fails to comply with other provisions in these rules commits an offence punishable under section 65 of the Act.

Any person operating a captive generation plant prior to thecoming into effect of these rules and intends to continue operating the plant shall apply for a permit within 3 months from the coming into effect of these rules or cease operation after 6 months if the permit is not obtained. Transitional Provision.

APPLICATION FORM FOR CAPTIVE ELECTRICITY GENERATION PERMIT Rule 4(a) IMPORTANT NOTE: Your application is not complete unless all requirements herein are received and all questions are answered. 1.0 PARTICULARS OF APPLICANT 1.1 Applicant Information Full Name: __________________________________________ Physical address: __________________________________________ Postal address: __________________________________________ Tel: __________________________________________ Fax: __________________________________________ Mobile Phone: __________________________________________ E- mail: __________________________________________ Website Address: __________________________________________ 1.2 Contact Person Information Full Name: __________________________________________ Physical address: __________________________________________ Postal address: __________________________________________ Tel: __________________________________________ Fax: __________________________________________ Mobile Phone: __________________________________________ E- mail: __________________________________________ 2.0 LEGAL STATUS OF APPLICANT 2.1 Indicate legal status of Applicant (Tick relevant option) Individual Sole proprietorship Partnership Public Limited Private Limited Cooperative Liability Company Liability Company Society Other (please specify): ____________________________________________ (Attach Business registration certificates) 2.2 List and Particulars of Directors: Full Name Address Nationality 3.0 NATURE OF PERMIT 3.1 State whether application is a new application or renewal 3.2 State whether applicant has an existing permit issued by the Commission. 3.3 Has the Applicant ever been denied a permit or had its permit suspended or revoked by the Commission? 3.4 If so, give details of the denial, suspension or revocation 4.0 MAIN BUSINESS ACTIVITIES OF APPLICANT Please indicate the main business activities the applicant is currently engaged in. __________________________________________________ (Please attach a valid Tax Clearance Certificate) 5.0 TECHNICAL CAPACITY Please provide a detailed statement of applicant's technical competence to operate the Power Plant. (Attach CVs of key technical personnel responsible for the operation and maintenance of the plant). 6.0 DESCRIPTION OF POWER PLANT 6.1 State Plant type 6.2 State total capacity of Power Plant 6.3 Location of the Power Plant (Please attach a detailed Schedule of Plant sizes and locations if applying for more than one location) 6.4 Is the Power Plant new? If not, please state number of years the plant has been in operation 6.5 Is the purpose of electricity generation for main supply or standby? (Please note that SLEWRC verify the accuracy of this information) 7.0 TECHNICAL DATA 7.1 Name Plate information and other relevant details: No. of Units and Capacity of each Unit __________________________ Installed Capacity ___________________________________________ Fuel Type _________________________________________________ Rated Power Factor __________________________________________ Plant Load Factor ____________________________________________ Reactive Power Capability ____________________________________ Noise Level (State distance from Power Plant) ___________________ Output Voltage _____________________________________________ Heat Rate _________________________________________________ No. of Phases ______________________________________________ Unit Frequency ____________________________________________ Unit Efficiency ____________________________________________ Date of Installation of Generator _______________________________ Make and Serial Number of Generator __________________________ Date of Manufacture of Generator _____________________________ Technical specification of other equipment ______________________ 7.2 Please provide the following: (For plant size over 1 MW) i. Site-map indicating location ii. Technical details of Generating Set(s) including schematic diagram and brief description of earthing system, protection scheme, etc. iii. Single line diagram of the Power Plant showing the cable sizes and protective devices iv. Environmental Impact Assessment Approval. Where EIA is not applicable, give detailed information on effluents and discharges and how they will be managed. v. Any other details (considered necessary by the applicant) Dated this ________________ day of ________________ 20_________. ____________________________________________________ (Name of Applicant)

TRANSFER OF PERMIT Rule 9(1) IMPORTANT NOTE: Your application is not complete unless all requirements herein are received and all questions are answered. 1.0 PARTICULARS OF APPLICANT 1.1 Applicant Information (Transferor) Name:_____________________________________________________ Location Address:___________________________________________ ___________________________________________ Mobile Phone Number(s):_____________________________________ Email:_____________________________________________________ 1.2 Contact Person Information Name:_____________________________________________________ Contact Address:____________________________________________ ___________________________________________ Mobile Phone Number:______________________________________ Email:____________________________________________________ 1.3 Applicant Information (Transferee) Name:____________________________________________________ Location Address:___________________________________________ __________________________________________________ Mobile Phone Number(s):____________________________________ Email:____________________________________________________ 1.4 Contact Person Information Name:_____________________________________________________ Contact Address: ____________________________________________ ____________________________________________ Mobile Phone Number:_______________________________________ Email:____________________________________________________ 2.0 LEGAL STATUS OF TRANSFEREE 2.1 Indicate legal status of Transferee (Tick relevant option) ? Individual ? Sole proprietorship ? Partnership ? Public Limited Liability Company ? Private Limited Liability Company ? Cooperative Society ? Other (please specify): ______________________________________ (Attach Business registration certificates) 2.2 List and Particulars of Directors of the Transferee: Full Name Address Nationality 3.0 NATURE OF CURRENT PERMIT 3.1 Current Permit: (a) Permit Number (a) Expiration date of the permit (b) Has the transferee ever been denied a permit or had its permit suspended or revoked by the Commission? If yes, state the case number 3.2 Previous Application(s) (a) Have you applied previously for a Transfer of your Permit? (b) Has the applicant ever been refused an Application to transfer the permit? If yes, state the case number 3.3 Term of Proposed Transfer 4.0 MAIN BUSINESS ACTIVITIES OF TRANSFEREE Please indicate the main business activities the applicant is currently engaged in. (Please attach a valid Tax Clearance Certificate) 5.0 TECHNICAL CAPACITY Please provide a detailed statement of transferee's technical competence to operate the Power Plant. (Attach CVs of key technical personnel responsible for the operation and maintenance of the plant). 6.0 DECLARATION BY THE APPLICANT(Transferor): I/we hereby declare that the details stated above are, to the best of my/our knowledge, true and correct. Dated this ______ day of _______________ 20_________. Has hereunto been affixed in the presence of: Name:_____________________ Sign:__________________ POSITION if corporate person 7.0 DECLARATION BY THE APPLICANT(Transferee): I/we hereby declare that the details stated above are, to the best of my/our knowledge, true and correct. Dated this ______ day of _______________ 20_________. Has hereunto been affixed in the presence of: Name:_____________________ Sign:__________________ POSITION if corporate person Sworn to this ________ day of _________ 20________ at ________ BEFORE ME ______________________________________________________ NOTARY PUBLIC/COMMISSIONER OF OATHS MADE this th day of , 2019. MOHAMED D. B. SESAY, Chairman PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE EXTRAORDINARY GAZETTE NO. 91OF 13TH DECEMBER , 2019. EXPLANATORY MEMORANDUM (This explanatory memorandum is not part of these rules but is intended to indicate its general purport) The statutory instrument is made pursuant to section 66 of the Sierra Leone Electricity and Water Regulatory Commission Act 2011.This instrument is divided into 4 parts. Part 1 covers the interpretation and application provisions. The interpretation provision defines words and expressions used throughout the instrument. The application provision stipulates that the instrument applies to – (a) A captive generator that produces electricity from a generation unit with a rated output of 10 KVA and above for the generator's own use and not for resale to a third party; (b) A captive power generator for commercial and industrial purposes. Part II covers provisions on application for a permit. The instrument provides that no person should install or operate an electricity generation unit of a rated output of 10KVA and above unless that person holds a captive generation permit issued by the Commission for that purpose. Part III covers provisions on transfer of permit and other related provisions. Part IV contains miscellaneous provisions. The instrument criminalises among other things the operation of a generation plant, installation or facility without a permit.