SCHEDULES
Schedule 1: Application form for basic mini-grid licence
Schedule 2: Application form for full mini-grid licence
Schedule 3: Application form for full mini-grid licence (multiple project sites)
Schedule 4: Modification form for basic or full mini-grid licence
Schedule 5: Application form for transfer of full mini-grid licence
Schedule 6: Application form for renewal of basic mini-grid licence
Schedule 7: Application form for renewal or extension of full mini-grid licence
Schedule 8: Tariff approval application form
Schedule 9: Technical reporting template
Schedule 10: Quality of service framework
Schedule 11: Health and safety guidelines (incl. environmental protection)
Schedule 12: Asset handover and compensation confirmation form
Schedule 13: Complaints procedure guidelines
Schedule 14: Dispute resolution mechanism
iii
2 3
"basic mini-grid licence" means a licence issued by
the Commission comprising a licence for generation
and a licence for sale of electricity via a mini-grid of
up to and including 100 kW of distributed power in
aggregate;
"basic mini-grid licensee" means any entity which
holds a basic mini-grid licence issued by the
Commission under these Regulations;
"contracting authority" means a Sierra Leonean
ministry, local council, public agency, authority or
entity, which has legal capacity to enter into
contractual obligations;
"Commission" means the Sierra Leone Electricity and
Water Regulatory Commission established by the
Act;
"consumer" means a person who purchases, receives
or makes use of any service provided by a mini-grid
licensee and does not deliver or resell the service to
others;
"consumer service agreement" means an agreement
between the mini-grid licensee and consumers on
terms and conditions for electricity supply;
"distribution code" means the code and guidelines for
the Sierra Leone electricity distribution system, as
approved from time to time by the Commission;
"distribution network" means any connection of
cables, service lines and overhead lines, electrical
apparatus or equipment built in compliance with the
distribution code, and having design voltage of
33kW and below used to transport electric power;
"distributed power" means the active electric power
fed into a distribution network on average within
any 15 minutes time interval of its operation period;
"fee" means any fee payable by a mini-grid developer
or a licensee to the Commission, as set by the
Commission from time to time;
"full mini-grid licence" means a licence issued by the
Commission, comprising a licence for generation, a
licence for distribution and a licence for sale of
electricity through a mini-grid for mini-grids of above
100kW and up to and including 1 MW of distributed
power per site and not exceeding 10 MW in
aggregate, comprising a distribution network which
is built in compliance with the distribution code and
metering devices as approved by the Commission;
"full mini-grid licensee" means any entity which holds
a fullmini-grid licence issued by the Commission
under these Regulations;
"generation" means the production of electricity to be
fed into a distribution network or supplied to the
consumer directly;
"interconnected mini-grid" means a mini-grid which is
connected to one of the main-grid utility's networks;
"interconnected mini-grid contract" means the contract
between a full mini-grid licensee or a mini-grid
developer, and a main-grid utility for the operation
of an interconnected mini-grid, approved by the
4 5
"isolated mini-grid" means a mini-grid which is not
connected to any of the main-grid utility's network;
"licence" means any licence granted by the
Commission under the Act and these Regulations;
"main-grid utility" means the electricity utilities as
established by the National Electricity Act, 2011 or
any other electricity transmission or
distribution licensee;
"Minister" means the Minister responsible for
electricity and "Ministry" shall be construed
accordingly;
"mini-grid" means any electricity supply system that
comprises a power generation unit and a local
distribution network, which may be compliant or noncompliant with the distribution code, supplying
electricity to more than one consumer and which
can operate in isolation from a main grid utility's
network;
"mini-grid developer" means any entity which is legally
established under Sierra Leone law, and which
submits an application for a basic or full mini-grid
licence with the Commission;
"mini-grid licensee" means any entity which holds a
basic or a full mini-grid licence issued by the
Commission under these Regulations;
"person" includes an individual, a company,
partnership or any association of individuals,
whether incorporated or not;
"System Average Interruption Duration Index" means
the System Average Interruption Duration Index that
measures the average number of minutes that an
average consumer is without power over the defined
time period, typically a year, defined as total minutes
of consumer interruption divided by the total number
of consumers served;
"System Average Interruption Frequency Index" means
the System Average Interruption Frequency Index
that measures the average number of power outages
that an average consumer experiences in a year,
defined as total number of consumer interruptions
divided by the total number of consumers served;
"tariff" means the rate that is to be charged to the
power consumers per unit of electricity supplied by
a mini-grid licensee in accordance with the relevant
laws and these Regulations;
"terms and conditions" mean those terms and
conditions contained in licences with which the
licensee must comply;
"underserved area" means an area served by a maingrid utility's distribution network with poor or
insufficient reliability;
"unserved area" means an area not served by any
main-grid utility's distribution network, and
otherwise called off-grid.
6 7
2. (1) These Regulations shall apply to mini-grids, the
licensees,developers, operators and users of the mini-grids as well
as all other private or public stakeholders including main-grid utilities
or anyinstitution or agency that interacts with mini-grid developers,
basic or full mini-gridlicensees and or mini-grid consumers in Sierra
Leone.
(2) A mini-grid may be any one of the following -
(a) isolated mini-grid;
(b) interconnected mini-grid.
(3) A mini-grid shall have a generation facility in its
network which may be operated by the mini-grid licensee or a third
party.
(4) A Mini-grid commissioned before the coming into
force of these Regulations that is not in compliance with subregulation (2) shall cease to operate at the expiration of 12 months
after the coming into force of these Regulations unless it becomes
compliant with these Regulations.
(5) These Regulations shall not apply to solar home
systems or to generators supplying single or multiple water pumps
with electricity.
PART II -LICENSING
3. (1) The Commission may on application by a mini-grid
developer grant-
(a) a basic mini-grid licence which authorises
the licensee to construct, install and operate
isolated mini-grids with a distributed power
of up to 100 kW in aggregate, comprising -
(i) a generation licence which authorises
the licensee to produce electricity;
(ii) a sales licence which authorises the
licensee to sell electricity to consumers
in a designated unserved area stated in
the licence.
(b) a full mini-grid licence which authorises the
licensee to construct, install and operate
isolated mini-grids, comprising -
(i) a generation licence which authorises
the licensee to produce electricity;
(ii) a distribution licence which authorises
the licensee to distribute electricity
directly or indirectly to consumers
within a designated unserved or
underserved area stated in the licence;
(iii) a sales licence which authorises the
licensee to sell electricity to consumers
in a designated unserved area stated in
the licence.
(2) The Commission may on application of a mini-grid
developer or a full mini-grid licensee approve an interconnected minigrid contract signed with a main-grid utility to construct, install and
operate an interconnected mini-grid in an underserved area.
4. The decision of the Commission on the term of a licence
issued to a mini-grid developer shall be guided by the technology
and standards being employed and is specified in the terms and
conditions of the respective licence.
5. (1) The Commission may on application of a mini-grid
developer grant a licence to operate mini-grids.
Application.
Types of
mini-grid
licences.
Term of
Grant of
licence, scope
and authorised
area.
8 9
(2) A licence granted by the Commission under subregulation (1) shall restrict the licensee to generate, distribute and
sell electricity in the authorised area as defined in its licence.
6. (1) The fees applicable under these Regulations shall
be as follows-
(a) licence application fees payable with the
application for licence;
(b) licence fee payable on approval of the licence
for the duration of the licence period;
(c) annual levy payable in arrears at the end of
each financial year;
(d) licence renewal or extension fee payable on
the expiration of the licence validity period
or at the time of licence extension as the
case may be.
(2) The annual levy shall be payable to the Commission
on a quarterly basis no later than 30 days after the end of each
quarter which would be reconciled annually by the Commission.
(3) Where the licensee fails to pay the annual levy as
determined by the Commission within the 30 days' timeframe after
the end of each quarter, the licensee shall pay to the Commission, an
interest on the amount unpaid, at the prevailing Bank of Sierra Leone
monetary policy rate.
(4) The fees to be paid under these Regulations shall be
as the Commission may by statutory instrument published in the
Gazette prescribe.
7. (1) An application for a licence under these Regulations
shall be-
(a) made in writing, addressed to the Commission
and delivered electronically, by hand, or
by courier to the Commission at its
headquarters or other address as the
Commission shall designate for that purpose;
(b) signed and dated by the authorised
representative of the applicant.
(2) An applicant for a licence under these Regulations
shall send 3 paper copies of their application and applicants submitting
applications electronically shall also send 3 paper copies of their
application, to arrive at the Commission no later than 10 days after
the application has been submitted electronically.
(3) An application to the Commission shall be addressed
to the Director-General, at the address indicated on the Commission´s
website.
8. (1) An application for a licence under these regulations
shall be as follows -
(a) application form for basic mini-grid licence
shall in the form as set out in Schedule 1
(b) application form for full mini-grid licence shall
in the form as set out in Schedule 2
(c) Application form for full mini-grid licence
(multiple project sites). shall in the form as
set out in Schedule 3
(2) An application for a licence shall be accompanied by
information relating to the specific licence (basic mini-grid licence or
full mini-grid licence) applied for.
(3) Applications for full mini-grid licence shall be
accompanied by a confirmation issued by the Ministry affirming the
site(s) for mini-grid application.
Licence fees
and annual
operating
levies.
Application
for licence.
Form of
10 11
(4) Blank application forms shall be obtained in person,
by electronic mail, or by regular mail, from the office of the
Commission, at the address indicated on the Commission's website,
or downloaded from the Commission's website.
9. (1) An applicant shall, upon submission of the
application, pay a non-refundable processing fee as the Commission
may by statutory instrument prescribe.
(2) An application fee under sub-regulation (1) shall be
paid by bank draft or electronic transfer and an application shall not
be deemed to be complete until the fee has been paid.
10. (1) The Commission shall acknowledge receipt of a
complete application for licence within 10 days of receiving a
complete application, by issuing a letter of acknowledgement to
the applicant indicating the date on which the Commission received
the application form.
(2) The Commission may send an email acknowledging
receipt of the application in addition to the letter of acknowledgement.
11. (1) The Commission may require the applicant to furnish
additional documents to complete a licence application and for that
purpose, notify the applicant in writing that the application is
incomplete or there is a need for additional information.
(2) The notification referred to in sub-regulation (1) shall
indicted -
(a) a description of the additional information
required by the Commission;
(b) that the additional information must be
submitted within a period of 14 days.
(3) An application for a licence shall lapse if-
(a) the applicant does not submit all required
documents within the period of 14 days
specefied in paragraph (b) of sub-regulation
2; or
(b) all requirements are not met within a period
of 3 months after the submission of the
(4) An application which has lapsed under sub-regulation
(3) cannot be reactivated but may be resubmitted as a new application,
upon payment of the prescribed application fee.
12. (1) The Commission shall within 30 days make a decision
on the licence and notify the applicant of its decision in writing.
(2) The 30 days referred to in sub-regulation (1) shall be
deemed to commence on the date the Commission received all the
material information and documentation requested as part of the
process for ensuring the completeness of the application.
13. Where the Commission grants the licence, the Commission
shall inform the applicant in writing of the grant and the terms and
conditions of the licence.
14. (1) The Commission may refuse an application where -
(a) the application or the information supplied
with the application fails to meet the required
criteria;
(b) the Commission finds the information
submitted to be false, invalid and or
misleading;
(c) the applicant has failed to produce, when
requested, additional information, within the
specified time (which shall not be less than
14 days);
Application
Fee.
Acknowledgement
of receipt of
Additional
information.
Decision of
Grant of
Refusal of
12 13
(2) Where none of the conditions under sub-regulation
(1) exist, the Commission shall only refuse the grant of a licence
based on reasons relating to the financial, technical and managerial
capability of the applicant.
(3) An applicant whose application for a licence is refused
may appeal within 7 days of the receipt of the notification from the
Commission about the refusal.
(4) The Commission shall consider any representations
made by an applicant under sub-regulation (3) and shall duly notify
the applicant in writing of its decision within 7 days.
15. (1) The Commission may modify a licence granted if the
modification is required and permissible under sub-regulation (4).
(2) A licensee may apply for modification of a licence any
time after the issuance of the licence.
(3) An application for modification of a licence shall be in
the form prescribed in Schedule 4:
(4) A modification of licence shall become necessary
before -
(a) a new mini-grid site is added by a mini-grid
licensee, or
(b) an extension of the mini-grid distribution
network into another community, or
(c) a mini-grid licensee is classified in a higher
licence fee category, based on the aggregate
generation capacity of all mini-grids, as
defined in the licence fee schedule due to
extension of existing mini-grid sites.
(5) The procedure prescribed for licence applications, in
so far as it can be applied by the Commission, shall be followed when
processing applications for licence modifications.
16. (1) The Commission may suspend, cancel or revoke a
licence if satisfied that -
(a) the licensee has breached a term or
condition of a licence; or
(b) it is in the public interest to do so.
(2) The Commission may, before suspending, cancelling
or revoking a licence under sub-regulation (1), give written notice to
the licensee of its intention, including the reasons for suspending,
cancelling or revoking the licence and may in the notice require the
licensee to show cause in writing within 7 days of the notice why the
licence should not be suspended, cancelled or revoked.
(3) The Commission shall, after considering the
explanation of the licensee under sub-regulation (2), inform the
licensee in writing of its decision within 15 days of receiving the
explanation of the licensee showing cause why the licence should
not be suspended, cancelled or revoked.
(4) Where a licence is not utilised within 1 year from the
date of its grant, the licence shall be cancelled or revoked by the
Commission after serving at least 30 days' notice on the licensee.
(5) The Commission may, upon the suspension,
cancellation or revocation of a licence, make such decisions regarding
the undertaking of the licensee as are in the opinion of the
Commission necessary for maintaining continuity in the provision
of the service rendered under the licence.
(6) The Commission may require a licensee after
suspension, cancellation or revocation of licence to decommission
and remove the mini-grid assets within 6 months after suspension or
cancellation of licence.
Modification
of licence.
Suspension,
cancellation
or revocation
of licence.
17. (1) A licence shall not be transferred except with the
written approval of the Commission.
(2) An application for a transfer of a full mini-grid licence
shall be in the form prescribed in Schedule 5:
(3) The Commission shall render its decision regarding
an application for transfer within 30 days of receipt of the application.
18. (1) A licensee shall not change its name, majority
shareholder or controlling interest without the written approval of
the Commission.
(2) A licensee shall, before changing its name, majority
shareholder or controlling interest, apply to the Commission for
approval, which the Commission shall, subject to sub-regulation (3),
not refuse.
(3) The Commission shall, before granting the approval
of change of name, majority shareholder or controlling interest under
sub-regulation (2), consult the Registrar of Companies, National
Revenue Authority and other relevant agencies on the matter.
(4) Within 15 days after the approved change of name or
shareholding structure has been entered into the Register of
Companies by the Registrar of Companies, the applicant shall submit
the relevant certificate of the registration to the Commission.
(5) A name change shall not be approved if it is misleading
or bears such resemblance or similarity to another company's name
which may tend to create confusion or problems in distinguishing
the entities.
19. (1) An application for the renewal of a licence shall be as
follows
(a) application for the renewal of basic minigrid licence shall be as set out in Schedule 6
(b) application for the renewal or extension of a
full mini-grid licence shall be as set out in
Schedule 7:
(2) An application for the renewal or extension of a licence
shall be accompanied by such non-refundable renewal or extension
fee as the Commission may by statutory instrument prescribe.
(3) Regulations 10 to 16 shall apply to the renewal or
extension of a licence with the necessary modification.
(4) Where a licensee fails to renew or extend its licence or
the application for renewal or extension is rejected by the Commission,
the licensee shall cease operations.
20. (1) An application for a licence or the renewal or extension
of a licence may be withdrawn by the applicant in writing at any
stage of the application.
(2) An application which has been withdrawn under subregulation (1) shall not be reactivated but may be resubmitted as a
new application upon payment of the prescribed application fee.
21. A licence may be surrendered by the licensee with the
written consent of the Commission.
22. Where a licence expires and is not renewed, the Commission
may require the licensee to remove the mini-grid assets within 6 months
after expiration.
PART III - GENERAL CONDITIONS OF A LICENCE
23. A licensee shall -
(a) provide a service that is safe, adequate,
efficient, reasonable and non-discriminatory;
(b) carry out works relating to the licence activity
14 15
Renewal or
extensions of
lience.
Withdrawal of
Change of
name,majority
shareholder
or controlling interest.
Surrender of
Expiration
o f
Transfer of
licence
Compliance
with Act,
regulations,
rules,
guidelines
codes and
standards.
including engineering, construction,
commissioning, repairs, rehabilitation,
operation and maintenance in accordance
with the Act and applicable standards;
(c) ensure that the charges, rates and tariffs
obtained in respect of the licenced activity
shall be as approved by the Commission.
24. (1) Full mini-grid licensees shall build mini-grid generation
assets in accordance with the Mini-grid Code, as the Commission
may by statutory instrument published in the Gazette prescribe.
(2) Where the Commission has not published a Minigrid Code under sub-regulation (1), mini-grid generators shall be
installed according to relevant IEC standards or British standards
valid and prescribed at the time of construction.
(3) Full mini-grid licensees shall build distribution
networks according to the Distribution Code, as the Commission
may by statutory instrument published in the Gazette prescribe.
(4) Where the Commission has not published a Minigrid Code under sub-regulation (1), mini-grid distribution networks
shall be built according to relevant IEC standards or British
standards valid and prescribed at the time of construction.
25. (1) A licensee shall comply with all directions,
orders, determinations and decisions made by the Commission, under
sections 62 and 63 of the Act and these Regulations.
(2) Subject to the Act, any costs associated with
compliance with such decisions, orders, directions and determinations
of the Commission shall be the responsibility of the licensee.
(3) In order to comply with any order or direction made
by the Commission in accordance with sections 62 and 63 of the Act,
a licensee shall allow the Commission or any other authority or person
specified in the order, such access to or control of its property as the
Commission requires.
26. (1) A full mini-grid licensee shall be responsible to acquire
private land or public land lease or rights over or under private or
public land from the responsible authorities or respective owners
for-
(a) the construction of power stations and
distribution networks;
(b) the lopping or cutting of any tree, shrub or
hedge which obstructs or interferes with an
existing supply line, the laying or erection of
a supply line or the proposed route of a
supply line;
(c) the right to enter the land for any of the
following purposes -
(i) surveying, construction, examination,
operation, maintenance or removal of
power generating stations;
(ii) surveying, construction, examination,
operation, maintenance or removal of
distribution networks equipment;
(iii) attaching to any wall, house or building
any bracket or other suitable fixture
required for the carrying or support of a
supply line or any other electric
apparatus (In making such attachment,
paramount consideration shall be given
to the safety of the occupants and
reasonable effort should be made to
minimise any inconvenience that would
occur as a result of such attachment);
(iv) any other work connected with its
function under these Regulations.
16 17
Codes and
standards.
Decisions,
orders, directions and
determinations
of Commission.
Acquisition
of land and
other related
matters.
(2) A full mini-grid licensee shall, when practicable, give
reasonable notice to the occupier of any land on which it intends to
enter.
(3) In the exercise of the activities described in subregulation (1) the full mini-grid licensee shall do as little damage as
possible and shall pay reasonable compensation for any damage
done.
(4) A mini-grid licensee shall consult with the ministry
responsible for roads before breaking up any street or road for the
laying of supply lines under any street or road, and shall make good
any street or road broken up under this subsection.
(5) A mini-grid licensee shall lay supply lines across
main streets and main roads at a minimum height as specified by the
Commission and erect posts, poles and other erections to support
the lines laid at locations so as not to interfere with the passage
along the street or road.
(6) A mini-grid licensee shall not place any electric cable
across a navigable waterway whether the cable is placed above or
below water or under the ground unless it obtains written approval
of the Minister.
(7) When the approval of the Minister to place electric
cables across navigable waterways is obtained under sub-regulation
(6), the mini-grid licensee shall inform the appropriate person or body
of its intention to place the cable across the waterway and the person
or body shall issue an order delineating the affected area and in the
case of an underwater cable, declare the area to be a prohibited area
for anchorage; place a cable above the water to restrict the height
of vessels passing through the area.
(8) Where a person or body requires the position or height
of the cable placed across the navigable river or waterway to be
altered, the Minister may by notice in writing require the mini-grid
licensee to alter the position or height of the cable subject to conditions
which, failing agreement between the parties, may be prescribed by
the Minister and the cost of the alteration shall be paid to the minigrid licensee by the person or body requiring the alteration and the
mini-grid licensee shall not be compelled to carry out the alteration
until payment of the cost is secured.
27. (1) A full mini-grid licensee shall serve a written notice
on the occupier of any land or building of its intention to construct
a supply line across the land or to attach a fixture to the building.
(2) A notice under sub-regulation (1) shall give a
description of the nature of the line or fixture and the manner in
which it is to be constructed or attached.
(3) Where an occupier approves with a signature or fails
to lodge a written objection with the mini-grid licensee within 30 days
after service of the notice, the mini-grid licensee may proceed with
the work.
(4) If within 30 days after service of the notice under subregulation (1), the occupier lodges a written objection with the minigrid licensee the work shall not be undertaken by the mini-grid licensee
unless it obtains the written approval of the Minister.
(5) Where the owner of any land or building on which a
supply line or fixture is constructed or attached requires the position
of the supply line to be altered, the cost of the alteration shall be
paid to the mini-grid licensee by the person requiring thealteration
and the mini-grid licensee shall not be compelled to carry out the
alteration until the payment is secured, unless the Minister is fully
satisfied with the requirement of the owner and gives notice in
writing to the mini-grid licensee to alter the position of the line or
fixture.
28. A licensee shall take all reasonable steps to detect and
prevent-
18 19
Notice of
intention to
enter and
construct.
Detection and
prevention of
theft, damage
and meter
interference.
(a) theft of electricity in the service area;
(b) damage to or fault in any electric plant or
electricity meter in the service area;
(c) interference with any electricity meter in the
service area; and any unrecorded consumption of electricity in the service area.
29. (1) In the carrying out of its functions under a Full Minigrid licence, a Full mini-grid licensee shall not discriminate between
consumers of the same category, or consumer categories or set terms
which are unduly onerous.
(2) The obligation under sub-regulation (1), not to
discriminate between consumers of the same category, shall be in
addition to the obligations not to discriminate as specefied in
paragraph (b) of subsection (1) of section 39, subsection (2) of section
47 and subsections (2) and (3) of section 57 of the Act.
(3) Where a full mini-grid licensee provides connection
to or use of the distribution and sales system, it shall not discriminate
in respect of price or other terms between any users or classes of
users of the distribution and sales system.
(4) Nothing in sub-regulations (1) or (2) shall prohibit a
licensee, subject to approval by the Commission, from providing
connection and use of system to its customers on prices or other
terms that materially differ from those offered to other customers
where such differences reflect different circumstances of service
including load factor, power factor, the level and timing of peak
demand, location, voltage, available resources and any other relevant
factors.
30. A full mini-grid licensee shall not restrict or refuse to provide
regulated services unless -
(a) it has the written permission of the
Commission to restrict or refuse to provide
the regulated service under specific
circumstances, including unsuitable building
structures, purchasing power of consumers,
distance to the existing distribution grid or
poles of the distribution grid, power capacity
limitation and energy production limitations
of the power plant; or
(b) its licence is, as the case may be, revoked,
suspended, cancelled or expired.
31. (1) A licensee shall undertake preventive maintenance
activities to ensure continuation and reliability of distribution services.
(2) A full mini-grid licensee shall prior to undertaking
preventive maintenance, replacement, restoration or any other
construction that may lead to interruptions of the provision of power
to consumers for more than 24 hours -
(a) inform the public at least 3 days prior to
suspending the provision of the distribution
service; and
(b) ensure that all scheduled distribution service
interruptions are planned for the shortest
possible time.
32. (1) A licensee shall immediately take all reasonable action
to restore services in the event supply and delivery of electric energy
to consumer supply point is interrupted for any reason including
unplanned outages.
(2) A licensee shall, in the event of any damage to a plant
or equipment that poses a danger or a risk of injury to the public or to
property, immediately upon being made aware of such damage,
20 21
Non-discrimination.
Disconnection.
Planned
outages and
preventive
maintenance.
Interruptions
and emergency.
remove such danger or risk of injury prior to carrying out any
emergency repair or rehabilitation.
(3) A licensee shall promptly repair damaged plant or
equipment and other facility defects and reconnect its consumers.
(4) A licensee shall inform the public within 24 hours upon
being made aware of such damage on the duration of the service
interruption.
(5) The Commission may impose penalties or take other
remedial actions specified in a licence in the event a licensee fails to
fulfil its obligations under sub-regulation (2).
33. (1) A licensee shall take such actions within allowable
technical limits as may be reasonably required for emergency
preparedness and restoration of its mini-grid, including removal of
vegetation close to distribution network lines before the rainy season.
(2) A licensee shall establish and implement procedures
within allowable technical limits to ensure the safe and continuous
operation of the mini-grid in emergency situations.
34. (1) An inspector appointed by the Commission shall,
upon giving 3 days' notice to a licensee, have the right to access the
sites and offices of mini-grids to inspect the mini-grid and documents
and the licensee shall render reasonable assistance in the course of
inspection of the mini-grid and documents.
(2) During inspection, an inspector may, inter alia -
(a) make copies or take extracts from any books
of accounts or records kept by a licensee;
and
(b) inspect machinery, equipment, appliances,
meters, fittings and apparatus.
(3) After inspection, the inspector shall write an
inspection report which shall prescribe remedial actions and cure
periods to the mini-grid licensee.
(4) The inspection report shall be made available to the
mini-grid licensee and the licensee shall comment on the inspection
report within 14 days of receipt of the report.
(5) Where upon investigation, the Commission concludes
that a licensee has not complied with the Act or these Regulations,
the Commission may without prejudice to the penalties prescribed in
the Act or these Regulations -
(a) take appropriate actions as provided in the
licence; or
(b) take such other actions as it deems
appropriate to protect the interest of the
consumer.
PART IV - SPECIFIC CONDITIONS OF A LICENCE
35. (1) The authorised business activities for basic mini-grid
licensees shall be electricity generation and sales in accordance
with section 29 of the Act and this Regulation.
(2) Notwithstanding sub-regulation (1), a basic mini-grid
licensee may be engaged in such business activities essential to the
conduct of his business as approved by the Commission.
36. A basic mini-grid licensee or a subsidiary of a basic minigrid licensee shall not be engaged in the distribution and supply of
electricity to any premises in Sierra Leone other than those for which
the licence has been granted in accordance with paragraph (b) of
subsection (6) of section 30 of the Act.
37. A basic mini-grid licensee shall -
(a) operate, maintain, repair and re- place as
necessary and protect its mini- grid
components to ensure adequate, economic,
reliable and safe supply of electricity to its
consumers;
22 23
Preparation
fo r
emergency
situation.
Inspection.
Authorised
basic mini-
Prohibited
basic mini-
Conditions of
basic minigrid licence.
(b) comply with the technical conditions of
power generation and sale specefied in his
licence or prescribed in these Regulations;
(c) properly take into account the environmental
effects of its activities under the licence;
(d) maintain and operate the mini-grid in order to
ensure efficiency, reliability, public and
workers' safety;
(e) educate consumers on safe use of electricity;
and
(f) keep a verifiable record of its consumers and
the nature and level of commercial
transactions.
38. (1) The authorised business activities for full mini-grid
licensees shall be electricity generation and sales in accordance with
section 29 of the Act and this Regulation.
(2) Notwithstanding sub-regulation (1), a full mini-grid
licensee may be engaged in such business activities essential to the
conduct of his business as approved by the Commission.
39. A full mini-grid licensee or a subsidiary of a full mini-grid
licensee shall not be engaged in the distribution and supply of
electricity to any premises in Sierra Leone other than those for which
the licence has been granted in accordance with paragraph (b) of
subsection (6) of section 30 of the Act.
40. (1) A full mini-grid licensee shall -
(a) operate, maintain, repair and replace as
necessary and protect its full mini-grid
components to ensure the adequate,
economic, reliable and safe supply of
electricity to it consumers;
(b) comply with the technical conditions of
power generation, distribution and sale
specefied in its licence or prescribed in these
Regulations;
(c) properly take into account the environmental
effects of its activities under the licence;
(d) maintain and operate the full mini-grid in order
to ensure efficiency, reliability, public and
workers' safety;
(e) install, operate and maintain the distribution
network in compliance with the relevant
provisions of the distribution code issued
by the Commission;
(f) propose distribution and sale of electricity
tariffs in accordance with the mini-grid tariff
determination principles provided in Part VIII
for the approval of the Commission;
(g) educate consumers on safe use of electricity
prior to the time of connection and provide a
safety brochure understandable for lay
persons at the time of signing of service
agreement;
(h) establish procedures for settling consumer
complaints for the approval of the
Commission; and
(i) prepare a decommissioning plan for the
removal of the assets and equipment upon
request from the Commission.
(2) Where a full mini-grid licensee is interconnected to a
distribution network, it shall comply with the requirements of the
distribution code as well as the operational instructions of the
distribution network operator, as long as the distribution network
operator’s operational instructions are reasonable and any
technological requirements are not to be excessive and are specified
in good faith.
24 25
Authorised
full mini- grid
Prohibited
Conditions of
(3) A full mini-grid licensee shall in the course of its
business comply with the relevant provisions of the consumer service
rules relating to the following activities -
(a) billing; and
(b) electricity measurement.
41. (1) A full mini-grid licensee shall -
(a) maintain separate accounting records for the
full mini-grid business, in such form and
containing such particulars as may be
specified by the Commission;
(b) keep the accounts in accordance with such
regulatory accounting guidelines as may, from
time to time, be issued by the Commission;
(c) where requested by the Commission, provide
such accounts to the Commission as are
necessary for the Commission to carry out
its functions under the Act consistent with
applicable laws, financial regulations and best
accounting standards;
(d) where appropriate, keep consolidated
accounts for other, non-licenced activities,
so that the revenues, costs, assets, liabilities,
reserves and provisions of, or reasonably
attributable to, the licenced business are
separately identifiable in the books of the
licensee (and any affiliate of the licensee) from
those of any other business;
(e) prepare the accounts of a full mini-grid in
such form as may be specified by the
Commission and for this purpose the
Commission may -
(i) specify the form and content of
accounting statements, including
information on specified types of
revenue, cost, asset and liability and
information on the revenues, costs,
assets and liabilities attributable to
specified activities;
(ii) require any reconciliation with the
annual accounts of the licensee
prepared under any relevantlaw;
(iii) specify the accounting principles and
the bases of valuation to be used in
preparing financial statements;
(iv) specify the nature of the report by the
auditors required to be given in respect
of financial statements; and
(v) specify the required timing of reporting
by the licensee to the Commission.
(f) so far as reasonably practicable and unless
otherwise approved by the Commission
prepare such accounting statements -
(i) having the same content and format as
the annual accounts of the licensee (and
any affiliate) in relation to the licenced
business prepared under any relevant
law;
(ii) conforming to the best commercial
accounting practices and accounting
standards currently in force or such
other standards as may be notified to
the licensee from time to time;
26 27
Accounts of
full mini- grid
(iii) stating the accounting policies adopted;
(iv) with the exception of the part of such
statements which shows separately the
amounts charged, apportioned or
allocated and which describes the basis
of charge or apportionment or allocation
respectively), be published with the
annual accounts of the licensee.
(2) The full mini-grid licensee shall provide, in respect of the
accounting statements prepared in respect of a financial year, an
auditor's report, to be delivered to the Commission, stating whether,
in their opinion, those statements have been properly prepared in
accordance with these Regulations and give a true and fair view of
the revenues, costs, assets, liabilities, reserves and provisions of, or
reasonably attributable to, the distribution business.
(3) References in this Regulation to costs or liabilities of,
or reasonably attributable to, the licensee's generation, distribution
and sales business or any other business of the licensee shall be
construed as excluding taxation, capital liabilities which do not relate
principally to a particular business, and interest thereon, and any
references to any accounting statement shall be construed accordingly.
42. A person authorised by the Commission to inspect the
facilities and audit the accounts of a full mini-grid licensee shall do
so, during business hours after giving 5 days' notice in writing and
the full mini-grid licensee shall render reasonable assistance, including
provision of access to the facilities and of required documents to the
person so authorised to inspect and audit the accounts.
43. (1) A licensee shall, in accordance with section 12 of the
Act, furnish the Commission, in such manner and at such times as
the Commission may require, information of any description specified
by the Commission, as the Commission may consider necessary for
the purpose of performing its functions under the Act.
(2) A full mini-grid licensee shall provide reports
substantially in the form prescribed by the Commission in Schedule
9:
(3) A report submitted to the Commission by a full minigrid licensee under sub-regulation (2), shall not be deemed confidential
and can be available to the public at the discretion of the Commission.
(4) A licensee shall notify the Commission within 14 days
of any material change of information provided to the Commission
under this Regulation, including but not limited to the following -
(a) the registered business address of the
licensee;
(b) facilities owned by the licensee;
(c) changes in the licensee's company
registration details;
(d) changes in the key offices of the licensee;
(e) any change in the operating conditions of
the licensee affecting environmental
protection requirements.
PART V- CONSUMER SERVICE RULES
44. (1) A mini-grid licensee shall provide power supply
services that meet the requirements set by the Commission regarding
power quality, power availability and power reliability, as well as
accountability and performance reporting.
(2) For the purposes of this Regulation -
(a) power quality is characterised by voltage
imbalance, transients often caused by
lightning, short and long duration voltage
variations and frequency variations in minigrids coupled on the AC-busbar, and
resistive voltage drop, DC ripple, switching
28 29
Inspection
and audit of
accounts of
Reporting
requirements
and provision
of information to
Quality of
service.
noise, transients and short and long duration
voltage variations in mini-grids coupled on
the DC-busbar;
(b) power availability is defined by power draw,
energy available and duration of daily
service;
(c) power reliability is determined by the
frequency and the duration of power outages,
as defined by the System Average Interruption
Frequency Index and the System Average
Interruption Duration Index;
(d) accountability comprises consumer
accountability and mini-grid licensee
accountability -
(i) consumer accountability describes
processes for consumers to know
whether they are receiving the service
that they agreed to pay for, and
mechanisms to verify power delivery to
consumers and performance parameters
include ability to check voltage levels
at service drops, periodic recorded
voltage surveys conducted to ensure
compliance, ability to record hours of
service at service drops, documented
technical summary of energy services
including power and consumption;
mini-grid licensee accountability is
ensured through 2 levels of formal
performance reporting -
(ii) Technical information: measurements
addressing system performance, energy
usage, safety concerns, and operational
issues;
(iii) Business (non-technical) information:
measurements that allow an
understanding of overall energy usage,
payment rates, and cost of system
operations.
(3) A basic mini-grid licensee shall comply with the
requirements of the base level of services as specified in Schedule
10: "Quality of service framework" or as otherwise approved by the
(4) A full mini-grid licensee shall comply with the
requirements of the high level of service as specified in Schedule 10:
45. (1) A basic mini-grid licensee shall comply with the health
and safety guidelines as specified in Schedule 11:
(2) A full mini-grid licensee shall comply with the health
and safety code as approved and amended from time to time by the
(3) A mini-grid licensee shall take reasonable steps in
protecting persons and property from injury and damage that may
occur as a result of carrying out the licenced activity including
ensuring that appropriate electrical protective devices are installed
by the consumer.
46. A mini-grid licensee shall comply with the environmental
requirements prescribed for the sector under the Environment
Protection Act, 2008 (Act No. 11 of 2008) and Regulations made
under it.
47. (1) A basic mini-grid licensee shall file with his licence
application, proof of the technical qualification (e.g. certificate) of
the electrician responsible for the technical operation and installation
of consumers` connection.
30 31
Health and
safety.
Environment
protection.
Connection
of consumers.
(2) A full mini-grid licensee shall file for approval by the
Commission -
(a) a consumer service agreement defining the
terms and conditions of the licensee's level
of service to consumers as well as each
party's rights and responsibilities;
(b) such other agreement as may further explain
and enhance understanding of consumers
regarding the licensee's terms and conditions
of service.
(3) A full mini-grid licensee shall-
(a) post a notice in a conspicuous place in each
business office of the licensee where
applications or payments for service are
received and inform the consumers of any
new tariffs;
(b) provide consumers with an information
brochure containing the following
information -
(i) safe use of electricity;
(ii) grounds for disconnection of service;
(iii) how the consumer's billing disputes
may be resolved;
(iv) steps necessary to have service
reconnected after disconnection;
(v) the appropriate contact and place to
register a complaint;
(vi) how bills may be paid and how the tariff
information may be obtained;
(vii) how to read meter, how to use electricity
efficiently and safely, and the process
by which the consumer may exercise
such rights.
(c) establish procedures for dealing with the
complaints of consumers in accordance with
section 56 of the Act;
(d) provide, install and maintain the necessary
equipment required for the supply and sale
of electricity to consumers;
(e) provide, install and maintain devices that
meter electric energy in accessible outside
areas, for example on an exterior wall of a
building or on poles.
(f) before connecting any consumer inspect and
certify that the indoor installation allows safe
electricity usage at the time of connection;
(g) use certified electricians or professionals
with a relevant technical qualification for
electrical installation, electrical inspection and
maintenance;
(h) provide application form for a new connection
with terms and conditions simply and clearly
stated in plain English;
(i) enter into standardised consumer service
agreements, as approved by the Commission,
with every consumer specifying, amongst
other things, the point at which ownership
of the assets from the licensee ends and
where ownership of and liability for assets
of the consumer begins.
32 33
48. (1) A full mini-grid licensee shall deliver bills for electricity
service to consumers for -
(a) pre-payment consumers at the time of
payment for electricity, and
(b) credit meters or measuring devices monthly,
unless otherwise authorised by the
(2) The consumer´s bill may be either on paper or digital
or sent via text message and shall show the following information -
(a) the date of bill issuance;
(b) the date of the most recent meter reading;
(c) the units billed;
(d) the number of units billed;
(e) the rate per unit;
(f) the total base bill;
(g) the meter connection bill;
(h) the Goods and Services Tax on electricity
sales; and
(i) the date by which the consumer must pay or
have paid the bill.
(3) A full mini-grid licensee shall charge the consumer
only for electricity that is measured by a meter or other measuring
devices approved by the Commission.
49. (1) A full mini-grid licensee shall have the right to inspect
an electricity device at the consumer's premises.
(2) Where tampering or theft is detected or where
reasonable but unsuccessful attempts have been made to gain access
to a device, the full mini-grid licensee may disconnect the supply
after having delivered a related written warning to the consumer.
50. (1) A consumer who uses electricity supplied to him by a
full mini-grid licensee for purposes other than that for which it is
supplied commits an offence and is liable on conviction to a fine of
not less than 20,000, 000 . 00 Leones.
(2) A person who operates or controls an installation or
apparatus for the distribution or supply of electricity and does not
possess the prescribed qualification commits an offence and is liable
on conviction to a fine of not less than 20, 000, 000 . 00 Leones or to
imprisonment for a term not exceeding 2 years or to both such fine
and imprisonment.
(3) A person who employs or permits to be employed a
person under the age of 16 years, on a service involving management
of or attendance on, or proximity to live apparatus not effectively
insulated commits an offence and is liable on conviction to a fine not
less than 20, 000, 000 . 00 Leones or to imprisonment for a term not
exceeding 2 years or to both such fine and imprisonment.
(4) A person who wilfully tampers with or adjusts any
installation or part of an installation so as to cause or likely to cause
injury to human life or damage to any apparatus or other property
commits an offence and is liable on conviction to a fine not less than
20, 000, 000 . 00 or to imprisonment for a term not exceeding 2 years or
to both such fine and imprisonment.
(5) A person who by reckless or negligent act or omission
inrespect of any installation under his control causes harm to any
person or damage to property commits an offence and is liable on
conviction to a fine not less than 20, 000, 000 . 00 Leones or to
imprisonment for a term not exceeding 2 years or to both such fine
and imprisonment.
(6) A person who dishonestly -
(a) abstract electricity;
(b) consumes electricity;
(c) uses electricity;
34 35
Billing.
Inspection of
electricity
devices.
Offences.
(d) alters the index of any meter or other
instrument used in connection with any
authority installation or licenced installation
for recording the output or consumption of
electricity; or
(e) prevents any meter or instrument from duly
recording the output or consumption of
electricity,
commits an offence and is liable on conviction to a fine not less than
20, 000, 000 . 00 Leones or imprisonment for a term not exceeding 2
years or to both such fine and imprisonment.
(7) In a prosecution for an offence under sub-regulation (6),-
(a) the existence of artificial means which,
whether alone or in conjunction with
additional artificial means not found, could
be used for altering, or facilitating the
alteration of, the index of any meter or
instrument for registering the quantity of
electricity supplied;
(b) the exercise of artificial means which whether
alone, or in conjunction with additional
artificial means not found, would prevent, or
facilitate the prevention of any meter or
instrument from duly registering the quantity
of electricity supplied or would facilitate the
dishonest abstraction, consumption or use
of electricity; or
(c) the fitting of a mechanical or other means to
or the absence or removal of a part or
connection from, or the interference with a
part of, or connection with, an apparatus in
the circumstances that the fitting, absence,
removal or interference would prevent or
facilitate the prevention of a meter or together
prevent the instrument from duly registering
the quantity of electricity supplied, or would
facilitate the dishonest abstraction,
consumption, or use of electricity;
shall be prima facie evidence that sub-regulation (6) has been
contravened.
(8) A person who wilfully damages a meter or other
instrument used on, or in connection with the full mini-grid licensee's
installation for recording the output or consumption of electricity
commits an offence and is liable on conviction to a fine not less than
20, 000, 000 . 00 Leones or imprisonment for a term not exceeding 2
years or to both such fine and imprisonment in addition to being
liable for full compensation payment for the damage done.
(9) A person who without due authority wilfully
extinguishes or damages any public lamp, bracket or other means of
supporting a public lamp commits an offence and is liable on conviction
to a fine not less than 20, 000, 000 . 00 Leones or to imprisonment for
a term exceeding 2 years or to both such fine and imprisonment in
addition to being liable for full compensation payment for the damage
done.
(10) A person who, without the consent of a full mini-grid
licensee, affixes or causes or permits to be affixed any advertisement,
bill or notice or any paper against or upon, or otherwise defaces any
property of the mini-grid licensee or any post, bracket or other
apparatus or the enclosure used for or in connection with the full
mini-grid licensee´s installation commits an offence and is liable on
conviction to a fine not less than 20, 000, 000 . 00 Leones or
imprisonment for a term not exceeding 2 years or to both such fine
and imprisonment in addition to being liable for full compensation
payment for the damage done.
(11) A person who wilfully or negligently damages a
supply line, post, pole or other apparatus connected with the supply
of electricity commits an offence and is liable on conviction to a fine
not less than 20, 000, 000 . 00 Leones or to imprisonment for a term not
exceeding 2 years or to both such fine and imprisonment.
36 37
(12) A person who steals electric cables, equipment or
materials commits an offence and is liable on conviction to a fine not
less than 20, 000, 000 . 00 Leones or to imprisonment for a term not
exceeding 2 years or to both the such and imprisonment.
(13) A person who wilfully obstructs, resists or in any
way interferes with, or who assists any other person in obstructing,
resisting or in any way interfering with any officer or employee of the
full mini-grid licensee acting in the exercise of any power under this
Regulation commits an offence and is liable on conviction to a fine
not less than 20, 000, 000 . 00 Leones or to imprisonment for a term not
exceeding 2 years or to both the fine and imprisonment.
(14) Where a full mini-grid licensee has reasonable cause
to believe that there is in any premises evidence of the commission
of an offence under this Act a person authorised in that behalf may,
with a warrant issued by a Judge for that purpose enter and search
the premises and may seize and take possession of the evidence.
(15) In performing the duties under sub-regulation (14),
the authorised person shall present his identification to any person
in charge of the premises searched.
PART VI - ELECTRICITY MEASUREMENT DEVICES
51. (1) Unless otherwise authorised by the Commission, a
full mini-grid licensee shall provide, own, install, and maintain all
electricity measurement devices necessary for provision of electricity
to its customers.
(2) Prior to usage of any device for measurement of
electricity, the mini-grid licence applicant or licensee shall submit an
application in writing for approval of electricity measurement device
to the Commission.
(3) Upon receipt of a request under sub-regulation (2),
the Commission may choose to test a sample of the measuring device
and any measuring device software (if applicable) or r e q u e s t
additional information from the applicant or licensee in order to reach
a decision to approve or refuse the application.
(4) The Commission shall communicate its decision
regarding the approval or refusal of the application to the mini-grid
licence applicant or licensee within 30 days after receipt of the
52. (1) Electricity meters that meter electric energy in minigrids shall be selected with a suitable rated current, depending on
the average demand of the mini-grid consumers.
(2) An electricity meter shall meet the following
requirements -
(a) compliant awith IEC 62052-11 and IEC 62053-
21 and supported by a test certificate from an
independent internationally accredited
testing laboratory (accredited according to
ISO/IEC 17025 or equivalent);
(b) accuracy class 1 or 2, for consumers with low
demand the rated current shall be either 1A,
1.5 A, 2 A, and 2.5 A;
(c) for consumers with high demand the rated
current can be 5 A and above;
(d) have a maximum continuous current of at least
6 A;
(e) be suitable for Sierra Leone's climatic
conditions according to IEC 62052-11, must
fulfil IP54 and have suitable protection
against the sunlight and rain;
(3) Other electricity meters for consumers connected to a
mini- grid of a mini-grid licensee that are not fully compliant with IEC
62052 and IEC 62053 shall meet following requirements -
(a) rated values for current, voltage, frequency
and accuracy following IEC 62052 and IEC
62053;
38 39
Electricity
devices
approval.
Electricity
meter
(b) rated values for current, voltage, frequency
and accuracy are permanently labelled on
the housing;
(c) maximum continuous current of at least 6 A;
(d) maximum short-term overcurrent following
IEC 62053;
(e) pulse or transient interference following IEC
62052;
(f) electrical insulation following IEC 62052;
(g) own consumption and load losses are
specified;
(h) clearly specified installation and connection
plan as well as other relevant specifics of the
connections are provided;
(i) suitable for outside installation, e.g. outside
of houses or on poles;
(j) mechanic requirements following IEC 62052;
(k) suitable enclosure in matters of ingress
protection (minimum IP54) for the tropical
climate of Sierra Leone;
(l) suitable enclosure (potentially including
external canopy) and electronic equipment
for temperature, relative humidity (cyclic
humid heat), and direct sunlight for outdoor
installation in the tropical climate of Sierra
Leone;
(m) end-user have permanent access (as
practicable) to the relevant meter readings,
e.g. kWh, monetary value, time credit, and
in case of meters with the function of load
limitation toa representative present load
reading.
(4) In addition to sub-regulation (3), an applicant or
licensee shall request approval by the Commission for other electricity
measurement device and for that purpose shall, at the time of the
request, submit to the Commission, a technical report which shall
include a table comparing the actual specifications of meter contrasted
with the requirements as defined in sub-regulation (3) as well as any
other information to support electricity measurement device.
(5) The approval by the Commission of an electricity
measurement device shall not be construed in any way to absolve
the applicant or licensee of his responsibility for the functioning of
the measurement device for the intended purpose.
53. (1) The Commission may refuse an application for
electricity measurement device approval where -
(a) the application or the informationsupp l i ed
with the application fails to meet the required
criteria as specified in sub-regulations (2) and
(3) of Regulation 48;
(b) the Commission finds the information
submitted to be false, invalid and or
misleading;
(c) the applicant has failed to produce, when
requested, additional information, within the
specified time.
(2) An applicant whose application for an electricity
measurement device is refused may appeal within 14 days of the
receipt of the notification from the Commission about the refusal.
40 41
Refusal of
electricity
device
approval.
(3) The Commission shall consider any representations
made by an applicant under sub-regulation (2) and shall notify the
applicant in writing of its decision within 14 days.
54. (1) The Commission may review an electricity
measurement device approval upon receipt of a petition, stating
major or consistent electricity problems with the electricity device,
signed by 20% of the consumers of a community served by the
mini-grid licensee and after technical tests in line with the prescribed
technical specifications of sub-regulation (2) of Regulation 58 have
been conducted with a representative sample of the electricity
measurement device showing proof that the device is not working
properly before 75% of the economic lifetime of these devices has
passed.
(2) The Commission may, after the review of an electricity
measurement device approval under sub-regulation (1), suspend or
cancel an electricity measurement device approval if satisfied that
more than 20% of the electricity measurement devices are faulty.
(3) The Commission may prescribe the exchange of all
faulty meters within 6 months and in case the electricity measurement
devices need to be replaced before 75% of the economic lifetime of
these devices has passed, the Commission may deem the cost of
replacement meters fully or partially non-eligible for the determination
of rates charged to the consumers.
(4) The Commission may, before suspending or
cancelling an electricity measurement device approval, give written
notice of its intention including the reasons to the licensee and may
in the notice require the licensee to show cause in writing, within 14
days of the notice, why the electricity measurement device approval
should not be suspended or cancelled.
(5) The Commission shall, after considering the
explanation of the licensee under sub-regulation (4), inform the
licensee in writing of its decision within 14 days of receiving the
explanation of the licensee showing cause why the electricity
measurement device approval should not be suspended or cancelled.
(6) Where an electricity measurement device approval is not
utilised within one year from the date of its grant, the electricity
measurement device approval shall be cancelled by the Commission
by serving at least 30 days' notice on the licensee.
(7) The Commission may require a licensee after
suspension or cancellation of the electricity measurement device
approval, to decommission and remove and replace the electricity
measurement devices by approved devices within 6 months after
suspension or cancellation.
PART VII - MINI-GRID INTERCONNECTION RULES
55. (1) Where a main-grid utility or a full mini-grid licensee
extends its distribution network to an area served by an isolated
mini-grid under a basic mini-grid licence, on request of the main-grid
utility or the full mini- grid licensee, the basic mini-grid licensee shall
decommission and remove all its assets and equipment within 3
months after the main-grid utility or the full mini-grid licensee has
started supplying electricity to the area.
(2) Where a main-grid utility or a full mini-grid licensee
extends its distribution network to an area served by a mini-grid
under sub-regulation (1), the basic mini-grid licensee shall in such
circumstances not be entitled to any refund or compensation.
(3) Where a main-grid utility intends to extend its network
to an area served by an isolated mini-grid under a full mini-grid licence,
the full mini-grid licensee may choose one of the following options -
(a) convert to an interconnected mini-grid based
on a mini-grid interconnection contract between the full mini-grid licensee and the maingrid utility;
(b) transfer all assets that the main-grid utility
wishes to retain on the respective site in
return for financial compensation from the
main grid utility before distribution grid arrival
equal to -
42 43
Suspension or
cancellation
of measurement device
approval.
Arrival of
main-grid
utility
network to
an area
served by a
mini-grid.
` (i) the residual value of privately financed
assets after past depreciation (as
calculated according to the tariff setting
methodology), including privately
financed assets remaining and
transferred to the main-grid utility and
privately financed assets decommissioned, removed and disposed
by the mini-grid utility from the
respective mini-grid site;
(ii) the residual value of activated and
amortised privately financed project
development cost for the respective
mini-grid site (as calculated according
to the tariff setting methodology); and
(iii) the audited revenue of the full mini-grid
licensee generated from the mini-grid,
commencing 12 months prior to the date
of connection of the mini-grid to the
main-grid utility's distribution network;
(4) A full mini-grid licensee shall document the payment
process as specified in Schedule 12: and submit the signed form to
the Commission.
(5) Where the parties fail to agree to the terms of the
interconnection or compensation in accordance with sub-regulation
(4), the parties shall submit the matter to the Commission for final
determination in accordance with its complaints procedure and in so
doing may employ the service of a firm of accountants as advisors.
(6) A full mini-grid licensee shall remove the assets and
equipment for which the ownership is not handed over to the main
grid utility and recycle or dispose the assets in an environmentally
friendly manner in accordance with environmental legislation and
the licensee's decommissioning plan not later than 6 months after
grid interconnection.
(7) Where an interconnected mini-grid contract has
expired and has not been renewed, the main-grid utility shall, on
notification to the Commission re-integrate the interconnected minigrid into its network.
(8) The compensation procedure described in paragraph (b)
of sub- regulation (3) shall apply where a full mini-grid licensee
removes the assets and equipment for which the ownership is not
handed over to the main grid utility under sub-regulation (6) unless
otherwise agreed in the interconnected mini-grid contract and
approved by the Commission.
PART VIII - COMMERCIAL ARRANGEMENTS
56. (1) Pursuant to subsection (2) of section 50 of the Act, a
basic mini-grid licensee may demand and receive from a consumer
any special tariff agreed to by the basic mini-grid licensee and the
consumer, having informed the appropriate community authority of
the special tariff agreed.
(2) A basic mini-grid licensee shall include the agreed
special tariff in the basic licence application form and communicate
any changes of the agreed special tariff to the Commission.
(3) Pursuant to sub-regulation (1), where the parties fail
to agree on a tariff, the Commission shall provide, as far as practicable,
the basic mini-grid licensee and the consumer affected by the tariff, a
reasonable opportunity to be heard and take into account any
representation made before it.
(4) The Commission may review the basic mini-grid
licensee tariffs upon receipt of a petition on the tariff charged signed
by 60% of the consumers of a community served by a basic mini-grid
57. (1) Pursuant to paragraph (a) of subsection (1) of section
11 of the Act, the Commission has the power to set or otherwise
determine retail tariffs for electricity services, including rates charged
for the selling of electricity, connection charges for the provision of
electricity metering devices and customer connection.
44 45
Tariff setting
for basic
mini-grid
licensees.
Determination
of tariffs for
licensees.
(2) A full mini-grid licensee may, in order to achieve
commercial sustainability and subject to the approval of the
Commission, propose -
(a) retail tariffs for specific consumer categories
that take account of the ability of the
respective consumers to pay;
(b) retail tariff structure, including conventional
kWh tariffs, flat rate tariffs, power tariffs or a
combination of the above, based on the
amount of electricity sold or the number of
connections or the power provided or
consumed, excluding any technical losses
of power generation, power distribution and
metering; or
(c) connection charges which may be paid in
instalments or fully charged upfront.
(3) In making a determination on the setting of electricity
retail tariffs and connection charge for full mini-grid licensees, the
Commission may apply either the standard tariff determination
methodology or such other methodology requested by the full minigrid licensee and approved by the Commission.
(4) The standard tariff determination methodology shall
be applied on a yearly basis by the Commission to determine the
retail tariffs and connection charge to be charged by full mini-grid
licensees based on costs related to private financing of the regulated
services (power generation, distribution and sales activities), the sum
of their operation costs, depreciation on capital and capitalised cost,
specific reserves for repair, replacement and extension, taxes, plus a
reasonable return on the privately financed regulatory asset base
that adequately reflects the risks faced by the mini-grid operator and
the tariff shall be calculated based on historic data from the last year
(wherever reasonable) and shall be applied in the current year.
(5) Booked costs shall not be approved automatically
and stated consumer demand shall not be accepted automatically;
the Commission shall ensure that the proposed costs for the regulated
service reflect prudently incurred costs at a reasonable level of
efficiency and that the underlying consumer demand is based on
either verifiable data or prudent and reasonable demand projections
based on verifiable data.
(6) For the purposes of sub-regulation (5), a licensee shall
be deemed to be prudent if it exercises good judgment and make
decisions which are reasonable at the time they are made, based on
information the licensee knew or ought to have known at the time
the decision was made.
58. (1) Where a full mini-grid licensee desires to start a new
service or revise existing rates charged by it for any service or if the
validity period of the tariff granted will expire within 60 days, it shall,
in a minimum of 60 days, make an application to the Commission for
that purpose.
(2) A tariff application under sub-regulation (1) shall be
submitted in 3 signed hard copies and an electronic version shall be
in such form as the Commission may prescribe.
(3) In case of an inconsistency of the information provided
in the hard copy and the electronic version under sub-regulation (2)
the hard copy shall prevail.
(4) The date of receipt of the application shall be the date
when both the hard copies and the electronic version have been
received by the Commission.
(5) The Commission shall within 14 days from the date of
receipt of the application communicate to the licensee any flaws or
gaps identified and any additional information that the Commission
may reasonably require in evaluating such application.
(6) The Commission shall within 21 days after receipt of
the notice and acceptance of the application, whichever is later, -
46 47
Tariff application for
full mini- grid
(a) give any consumer affected by the rate, a
reasonable opportunity to be heard and shall
take into account any representation made
before it;
(b) invite the licensee to make a presentation in
support of its application.
(7) The Commission shall within 30 days after receipt of
the notice and acceptance of the application, whichever is later, take
a decision on the rates, and communicate the decision to the licensee.
(8) The Commission shall, in case of a rejection of the
application communicate the reasons for the decision to the licensee
and state the rates acceptable to the commission and the justification
for these rates.
(9) The Commission shall publish in the Gazette and
relevant mass media the rate that has been approved within 20 days
after the decision has been made.
59. (1) A tariff application for full mini-grid licensee shall be
in the form set out in schedule 8 and shall be accompanied by the
following documents and information, where applicable -
(a) full mini-grid licensee tariff application
full template specefied in Schedule 8: "
Tariff approval application form";
(b) filled in tariff calculation tool provided
or approved by the Commission;
(c) supporting documents describing and
justifying the inputs into the tariff
calculation tool as specified by the
(d) previous conditions imposed on a licensee
by the Commission in a decision;
(e) schedule of current and proposed tariffsfor
all consumer classes and service territories
supported by a detailed explanatory statement clearly indicating how each tariff (both
current and proposed) was calculated, the
data required to make those calculations and
how that data was obtained;
(f) schedule showing current average bills,
tariffs, and other charges for each consumer
class that would result if the application was
approved as submitted;
(g) date upon which the proposed adjustment is
to take effect accompanied by a tariff history
that includes all of the adjustments of the
licensees tariffs (both proposed and
accepted) covering a three-year period prior
to the proposed adjustment is to take
effect;
(h) audited financial statements including -
(i) the opinion of the auditor, covering the
past financial year prior to the date of
the application;
(ii) the regulatory asset base, the operation
and maintenance expenses, the
depreciation expenses, reserves for
repairs and replacement, and taxes
applicable to the licensee;
(i) a projected financial statement with the first
tariff application where audited financial
statement is not applicable;
48 49
Tariff
application
documents
and information for
full mini-grid.
(j) standardised chart of accounts for the
accounting activities of full mini-grid
licensees prescribed by the Commission, to
reflect that costs incurred are prudently
incurred and at a reasonable level of
efficiency;
(k) schedule stating the licensees´ revenue
requirement for the past full financial year
based on the standard tariff determination
methodology for computing the revenue
requirement;
(l) the financial implications to the licensee if
the requested changes in tariffs are not
approved;
(m) statement explaining how the proposed
adjustment of the current tariff will impact
the consumers;
(n) a report on the period since the last tariff
approval covering the relevant operation data
as set out in Schedule 9:
(o) any other information deemed appropriate by
the Commission or the mini-grid licensee.
60. (1) The Commission shall use as the standard tariff
determination a cost of service approach using a revenue requirement
methodology in determining tariffs for full mini-grid licensees on a
yearly or multi-year basis.
(2) The revenue requirement methodology shall be based
on costs related to private financing of the regulated services (power
generation, distribution and sales activities), the sum of their
operation costs, depreciation on capital and capitalised cost, reserves
for repair and replacements, taxes, a reasonable return on the
privately financed regulatory asset base that adequately reflects the
risks faced by the mini-grid operator plus a performance related
profit margin dependent on the quantity of electricity sold and grant
financed activity or assets shall not be included in calculating the
revenue requirement.
(3) The tariff for full mini-grid licensees shall be calculated
based on historic data from the last year and shall be applied in the
regulatory year (except for the first tariff application for which
projections based on reasonable assumptions shall be used) and the
revenue requirement shall be determined by the following formula -
50 51
Tariff setting
methodology
for full mini-
RR = O&M + D + T + (r x RAB) + (PRPM * E)
Whereas:
RR means revenue requirement for the regulatory year
O& M means operation and maintenance expenses
D means depreciation expense for the year (of all regulated
capital and capitalised assets)
T means taxes, duties and charges, including non-recoverable
GST paid
r means rate of return
RAB means regulatory asset base (residual value of the capital
and capitalised assets, including capitalised development
cost)
PRPM Performance Related Profit Margin (SLL/kWh) reflecting
grant financing
E Electricity sold (kWh)
(4) For the purpose of this Regulation -
(a) operation and maintenance expenses include
all expenditure just and reasonably incurred
for the provision of regulated activity,
including but not limited to local operation
cost, corporate overhead costs, special
reserve for repair and replacement, fees and
levies for public permits and licences,
auditing costs and projections of costs
instead of historical cost approved by the
Commission in special circumstances,\;
(b) depreciation expense of the allowed revenue
requirement shall be computed on the
historical cost of the regulatory asset base
using an annuity method on the depreciation
and return over the respective useful life of
the asset or project and project development
cost shall be capitalised and amortised over
the licence period;
(c) subject to the Income Tax Act, 2000 (Act No.
8 of 2000) any taxes including corporate taxes
paid or to be paid by licensees may be
considered in the determination of revenue
requirement;
(d) The revenue requirement shall be used to
determine the net tariffs and Goods and
Services Tax on electricity sales shall be
charged to the consumers additionally to the
net tariff, collected by the full mini-grid
licensee as stipulated in the Goods and
Service Tax Act, 2009, upon approval of the
Commission, and the outstanding input
Goods and Services Tax amount at the end of
each financial year may be included in the
regulatory asset base.
(e) the regulatory asset base shall be determined
including all privately financed used and
useful assets in the provision of regulated
activity at fair value (based on the cost
approach, e.g. depreciated replacement cost).
The regulatory asset base shall be determined
using the following fomula-
52 53
methodology RAB=((?RAB?_(t-1)+ ?RAB?_(t-2)))/2
whereas:
RABt-1 means Regulatory Asset Base at the end of year t-1
(last year)
RABt-2 means regulatory asset base at the beginning of year
t-1 (last year)
(f) The regulatory Asset base at the end of year
t-1 shall be determined by the following
formula:
RAB?_(t-1)= ?RAB?_(t-2)+?CAPEX?_(t-1)- S_(t-1)- D_(t-
1)
whereas:
RABt-1 means Regulatory Asset Base at the end of year t-1
(last year)
RABt-2 means regulatory asset base at the beginning of year
t-1 (last year)
CAPEXt-1 Means privately financed capital additions (tangible
or intangible assets) during year t-1
St-1 Means asset disposal during year t-1, and
Dt-1 Means depreciation in the year t-1
(f) The financing structure (private finance,
grant financing, etc.) for the regulated year
(the year in which the tariff is valid) shall be
considered (not the historic year, which is
the basis for the cost data). In case public
grants or subsidies are provided these need
to be reduced from the respective cost
position in the regulated year if known at
the time of tariff approval for the respective
year, if not known at that time they shall be
considered in the next year;
(g) The licensees´ proposed rate of return on its
own invested capital shall be supported by a
cost of capital analysis and the licensee shall
propose and justify a capital structure which
will include a discussion on cost of debt and
equity for the licensee. The rate of return
proposed needs to be confirmed by the
(h) The base rate of return considered by the
Commission shall be 5% more than the
average of the last 5 treasury bills from Bank
of Sierra-Leone;
(i) The licensees' proposed performance related
profit margin on the electricity sold shall be
defined by the Commission dependent on the
public (non-private) financing contribution
for the procurement of the assets. Only full
mini-grid licences with more than 50% grant
or donation for capital investment are eligible
for the performance related profit margin,
and the higher the grant contribution the
higher the performance related profit margin
per unit of electricity sold.
(5) All calculations shall be made in Leones and where
currency conversions are necessary the mid-range exchange rate
from the Bank of Sierra Leone shall be applied.
61. (1) The general tariff terms shall be as follows -
(a) a tariff shall be calculated based on historic
data for the last year and shall be applied in
the current year;
54 55
Tariff terms
andconditions
for full mini-
(b) a tariff shall remain in effect until it is
superseded by a new decision;
(c) a new tariff shall only come into effect 12
months after the effective date of the last
tariff approved and a licensee may petition
the Commission for a waiver of this provision
if a licensee can show that a material undue
hardship would occur in the absence of such
a revision;
(d) The tariffs approved by the Commission may
be lowered or its structure may be changed
during the effective period after request from
the full mini-grid licensee and a special
approval from the Commission, in case it can
be reasonably argued that the changes will
be beneficial to the consumers.
(2) Special tariff terms and conditions will be approved
by the Commission. Special tariff terms and conditions will state -
(a) the effective date;
(b) the normal duration of validity of the tariff
approved;
(c) the mini-grid sites for which the tariff is
approved;
(d) the approved tariff structure; and
(e) the approved tariff for each consumer group.
62. (1) A licensee shall be entitled to enter into commercial
agreements with third parties that are required to conduct the licenced
activity.
(2) A licensee shall submit a copy of each Commercial
agreement entered into for the purpose of conducting the licenced
activity to the Commission for information purposes upon request
by the Commission within 2 weeks.
(3) A licensee shall submit a copy of each commercial
agreement entered into before the approval of tariff and the
Commission shall check the prudency to be considered for the tariff.
63. (1) A licensee shall procure such goods and services as
may from time to time be necessary to enable the licensee to discharge
its obligations under the Act and a mini-grid licence.
(2) In procuring goods and services under subregulation (1), a full mini-grid licensee shall procure goods and services
from the most economical sources available to it without compromising
on quality, having regard to the quantity and nature of the assets and
services required to enable it to discharge its obligations under the
Act and these Regulations.
(3) This condition shall not extend to prescribing the
manner or circumstances in which a licensee shall at any time call for
the delivery of goods and services under any contract or arrangement
entered into under sub- regulation (1).
(4) In contracting or arranging for the provision of goods
and services required to enable the licensee to carry out the licenced
business, a full mini-grid licensee shall procure local goods and
services as far as practicable and employ best corporate practices in
the procurement process in-line with the applicable law.
64. (1) A full mini-grid licensee shall prepare and maintain a
register of all relevant assets comprising the generation, distribution
and sales system in such form as specified by the Commission from
time to time and shall submit to register to the Commission not later
than 6 months after the full mini-grid licence comes into force or any
later date the Commission may specify and thereafter shall provide
the Commission with such a register at least every 2 years at the
same time as the reporting or at the time of tariff approval.
56 57
Other
commercial
arrangements
with nonconsumer
third-parties.
Procurement
of goods
and services.
Asset use
and dispos-al.
(2) A licensee may be entitled, subject to prior notification
to the Commission, to utilise its licenced assets as a means of
facilitating financing of its investment requirements, including
collateral for debt financing, sale and lease back, securitisation
receivables, and in all cases subject to the condition that the licensee
will inform the Commission about such arrangements prior to
execution of the relevant agreement or agreements.
65. (1) Where a person authorised by the Commission to
inspect the facilities or audit the accounts of the full mini-grid
licensee proves that the actual costs incurred or the actual revenue
earned by the full mini-grid licensee deviates from the costs and
revenues stated for the tariff definition with the Commission at the
point of application for the licence -
(a) the input parameters for tariff calculation
approved by the Commission shall be
adjusted to the actual values;
(b) the tariffs as well as the calculation of the
depreciated value of privately financed minigrid assets may be adjusted and approved
by the Commission accordingly.
PART IX - MISCELLANEOUS
66. Unless otherwise unavailable, operators, licensees and
owners shall first source where possible, resources and labour
locally in compliance with the Sierra Leone Local Content Agency
Act, 2016 ( Act No. 3 of 2016).
67. The Commission shall not grant a full mini-grid licence
for a site, where an exclusivity agreement issued by a contracting
authority for another mini-grid developer has been executed and
remains in effect in respect of that site.
68. (1) Where the Commission, on the basis of material
evidence in its possession is satisfied that the mini-grid licensee is
contravening, or is likely to contravene the terms and conditions of
the licence, it shall serve an order to the mini-grid licensee to do, or
not to do, such things as are specified in the order for the purpose of
rectifying or avoiding any contravention or threatened contravention
of any term or condition of the licence.
(2) An order under sub-regulation (1), shall specify the
period within which the mini-grid licensee shall rectify or avoid the
contravention or threatened contravention of any term or condition
of the licence.
(3) Where a mini-grid licensee, upon expiry of the period
specified in the order under sub-regulation (1), fails to comply with
the order, the Commission shall subject to sections 62 and 63 of the
Act and these Regulations enforce the order.
69. Unless otherwise stated in these Regulations, all consumer
complaints shall be resolved in accordance with complaints procedure
as set out in Schedule 13.
70. Disputes between parties in connection with this
Regulation shall be resolved in accordance with dispute resolution
mechanism as set out in Schedule 14
71. All notices and other communications given or made under
this Regulation shall be in writing and addressed to the Commission.
72. (1) Subject to section 64 of the Act, the Commission, its
staff, public officers seconded or otherwise appointed, consultants
and advisers appointed by the Commission shall treat all disclosed
information or material obtained under these Regulations as
confidential.
(2) Sub-regulation (1) shall not apply to information required
for -
(a) the fulfilment of the functions of the
58 59
Audit of
accounts for
tariff adjustment for full
mini- grid
licensees.
Local
content.
Exclusivity
period and
site reservation.
Procedure
for securing
compliance
with minigrid licence.
Complaints
procedure.
Dispute
resolution.
Notice and
correspondence.
Confidentiality.
(b) the creation of benchmarks;
(c) necessary consultations; or
(d) the approval of rates.
73. (1) A person who contravenes any provision in these
Regulations for which no specific penalty is prescribed shall be
liable to a fine not exceeding 10 million Leones.
(2) A licensee who employs an agent, clerk, servant or
other person, shall be answerable and liable for any acts or omissions
of such persons in so far as the actions or omissions concern the
mini-grid activity.
(3) A person who is in continuous breach of these
Regulations shall be liable to a fine not exceeding 50 million Leones.
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