Council of Ministers Energy Regulation No. 447-2019

PART TWO

LICENSE AND CERTIFICATE OF COMPETENCY

3.General Requirements for Application and Issuance of License

1/Any application for a license shall be lodged to the Authority by filling the form prepared by the Authority for this purpose and accompanied with the following information of the applicant:

  1. a) identity and address of the applicant;
  2. b) documents showing the applicant’s financial capacity and situation;
  3. c) technical competency and experience of the applicant;
  4. d) application examination fee receipt. 2/The Authority shall issue the license to the

applicant if verifies that the applicant is capable to construct and operate the electric supply system that he applied to obtain license.

3/The Authority may take into account the following conditions to verify the applicant’s competence and to issue license:

  1. a) compliance or any failure by the applicant to perform previous and current commercial or statutory obligations and the reasons in case of failure;
  2. b) that he is not prosecuted and sentenced in relation to license issued as per the Proclamation for fraud or similar offence.

4/If the applicant is a legal person, the provision of sub-article (3) of this Article shall also apply to the Directors of the body that have the legal personality.

5/The applicant issued license pursuant to this Regulation shall also comply with the relevant laws as may be applied to the development, construction, operation or maintenance of such plant.

6/If the Authority refuses to issue the license sought by the applicant, it shall promptly give the applicant a written notice informing the reasons for the refusal and the applicant’s right to lodge complaint against the refusal.

7/An applicant received refusal notice in accordance with sub-article (6) of this Article may file his complaints to the complaint handling body of the Authority within one month.

8/ The Authority shall issue a directive regarding the issuance of off grid small scale generation distribution and sale license.

9/Without prejudice to Article 6(2) of the Proclamation, any person who has interest in the operations of generation, transmission or distribution of electricity for non-commercial purpose shall submit documents to the Authority in accordance with the Directive to be issued hereunder.

  1. Registration of Application for License

/ The Authority shall, upon verifying that the application for license is complete in accordance with article 3 of this Regulation, shall register the application in the registration book maintained for such purpose in the order of its submission and given a receipt to the applicant indicating the date and the number of the registration.

2/The Authority shall maintain a register for licenses and certificates of competency issued and shall make open such register to the public.

  1. Publication of License Application

1/ The Authority shall, before issuing a license, publicise the following information in a newspaper having wider circulation or other mass media by the expense of the applicant:

a)the application submitted for license and the name of the applicant;

b)possibility of inspection of the application in the office of the Authority by the public, except the confidential commercial information;

c)any person alleging that he may sustain damage due to the issuance of the requested license may lodge his objection in writing to the Authority within news paper or other mass midea 30 days from the date of issuance of the notice.

2/If objection is lodged against issuance of the license in according to sub-article (1) of this Article, the Authority shall cause the concerned parties to settle the matter through negotiated agreement.

3/ If parties fail to reach agreement within 30 days after commencing negotiation, the Authority, after hearing the two parties, shall give a decision within 30 days either by accepting or rejecting the objection.

  1. Amendment of Application

1/If an applicant desires to make any amendment to his application, he shall submit a written application to the Authority.

2/The provisions of this Part shall be applicable on the application amended.

  1. Application for Generation License

Any application for a generation license shall, in addition to the general requirements stated under Article 3 of this Regulation, contain the following:

1/Initially when submitting application for license:

  1. a) source of electricity;
  2. b) map of the project site;
  3. c) total generation capacity of the project in measured units;

d)the transmission grid or supply network details to which it shall be connected or whether it operates on an off-grid basis;

e)at least prefeasibility study of the project;

f)planned source of finance, and proposed debt to equity ratio;

  1. g) proposed term of the license; and
  2. h) other documents the licensing authority believes to be necessary and relevant.

2/ When a License is given after the application for license submitted in accordance with sub-article (1) of this article, the following shall be fulfilled before commencement of the licensed commercial activities:

  1. a) approved power purchase agreement, where appropriate;
  2. b) where applicable, project finance agreement
  3. c) environmental impact assessment clearance certificate from the concerned authority;
  4. d) trade registration certificate; tax payers identification number, land use permit, water use permit, geothermal resource development license, other primary energy resource development license, and construction permit as may be appropriate.
  5. Application for Transmission License

Without prejudice to the sole right of the governmental organ to transmit power in the national grid, the application for transmission shall, in addition to the general requirements stated under Article 3 of this Regulation, contain the following in:

1/route map and operation area of the transmission grid;

2/ project feasibility study;

3/ if the transmission line is to be connected to another transmission grid, the other transmission grid to which it may be connected;

4/ exact limit of the transmission grid;

5/ the supply network to which it may be connected;

6/ environmental impact assessment clearance certificate from the concerned authority; and

7/ proposed term of the license.

  1. Application for Distribution and Sale License

The application for a distribution and sale license to be lodged by a public operator that has sole right to distribute and sale electricity in the national grid shall, in addition to the general requirements stated under Article 3 of this Regulation, shall contain the following:

1/ route map and operation area of the distribution network;

2/ project feasibility study;

3/ if the distribution network is to be connected to another distribution network the basic informations of other distribution network to which it may be connected;

4/ exact limit of the distribution network; 5/ the transmission network to which it may

be connected or the source of electricity;

6/ power purchase agreement as appropriate;

7/ environmental impact assessment clearance certificate from the concerned authority and;

8/ proposed term of the license.

  1. Application for Importation and Exportation of Electricity

Application for importation and exportation of electricity, in addition to the appropriate requirements stated under Article 3 of this regulation, shall fulfill the following:

1/ technical standard compatible with that of the national Grid Code;

2/ power purchase agreement or transmission service agreement as may be applicable;

3/ as may be applicable acceptable license or document issued by the appropriate Authority where by the applicant may participate in a spot market;

4/ source and amount of desired import or export of power and energy;

5/ possible impact of the desired import or export on existing customers and the economy; and

6/ as may be applicable agreements with entities in the country where the electricity is to be imported or exported.

  1. Issuance of Certificate of Competency

1/No person shall undertake electrical work activities without obtaining certificate of competency from the Authority.

2/Any application submitted for a certificate of competence by a professional, in addition to the detailed technical criteria and document, shall contain the following:

  1. a) identity and address of the applicant;
  2. b) level of education; and
  3. c) work experience, as appropriate. 3/Any application submitted for a certificate

of competence by a business organization, in addition to the detailed technical criteria and documents, shall contain the following:

  1. a) address of the applicant;
    b) qualified staffs employed in a

permanent basis;

  1. c) Memorandum of association and article of association, as appropriate.

4/ The applicant’s Application shall be accompanied by application examination and registration fee prescribed under Table 1 of this Regulation.

5/ The Authority may, following verification of informations submitted in connection with the application, give a written and practical examination, as may be appropriate, to evaluate the competency of the applicant and to determine whether the applicant qualify to the grade of the certificate applied.

6/ Where the Authority prove that the applicant has fulfilled the requirements of certificate of competency; it shall issue a certificate of competency to the applicant upon the payment of the fees prescribed under Table 1 of this Regulation.

7/ Detailed technical criteria and documents required to issue certificate of competency

shall be determined by a directive to be

issued to implement this Regulation.

f the Authority decides that the information submitted by the applicant certificate of

competency is inadequate it shall notify its

decision to the applicant in writing.

  1. Validity Period and Renewal of License

1/The validity period of license issued pursuant to the provisions of the Proclamation and this Regulation shall be as follows:

  1. a) hydro and geothermal power generation license up to 25 years;
  2. b) wind, solar, bio-mass, urban waste, thermal and bio-gas power generation license up to 20 years;

c)transmission license up to 30 years; and

  1. d) distribution and sale license up to 20 years.

2/ unless stated otherwise in other laws a license, may be renewed only when the licensee:

  1. a) has made an application one year prior to the expiry of the term of license and the Authority proves that the facilities are in good working condition;
  2. b) was not in breach of any provisions of the Proclamation, this Regulation and directive issued hereunder which constitutes as grounds for revocation of license; and
  3. c) has agreed to upgrade operations in accordance with latest technology generally accepted in the power industry.

3/ After the validity period of the license each renewal period of license shall be as follows:

  1. a) hydro power generation license, up to 12 years and 6 months;
  2. b) wind, solar, bio-mass, urban waste, thermal and bio-gas power generation license, up to 10 years;
  3. c) transmission license, up to 15 years; and
  4. d) distribution and sale license, up to 10 years.

4/The validity and renewal period of import or export license of electricity power shall be similar to that of the transmission and as may be appropriate, that of the distribution and sales license.

  1. Amendment of License

1/ Any licensee who desires amendment of his license shall submit a written application to the Authority.

2/ The provisions of this Part shall be applicable on the application made for amendment pursuant to sub-article (1) of this Article.

3/ The application submitted for amendment pursuant to sub-article (1) of this Article shall be made by filling a form designed for such purpose and submitted to the Authority together with the following documents:

  1. a) copy of the previous license;
  2. b) when the application is submitted by an agent, copy of the power of attorney;
  3. c) where the investment is made by business organization, copy of its commercial registration certificate; and
  4. d) such other documents determined in the directive of the Authority.

4/A new license shall be required if a person decides to engage in a similar operation at a different location or to extend its operation beyond the boundary of its nonexclusive licensed area of operation.

  1. Transfer of License

Any licensee may transfer his license, when the Authority confirms that the one to whom the license to be transferred, has the required competency to fulfill the obligations of the license.

  1. Suspension or Revocation of License or Certificate of Competency

1/ A license may be suspended on one of the following grounds:

  1. a) failure to maintain the basic service supply quality standard or safety standard issued by the Authority and inability to rectify the situation with in the time limit given by the Authority;
  2. b) fails to submit a complete report in accordance with the provisions of this Regulation or submits false report or fails to maintain proper documentations;
  3. c) intentionally obstructs or creates obstacle in the regulatory activities of the Authority;
  4. d) transfers his license to a third party without the consent of the Authority; or
  5. e) a generation licensee, if fails to submit a renewed power purchase agreement in accordance with the terms of the license.

2/ A certificate of competence may be suspended on one of the following grounds:

  1. a) engaging in activities beyond authorized in the certificate of competence issued by the Authority or perform below the standard;

b)cause damage on life or property of the service user as a result of basic safety and quality problem of the work performed;

c)submit incomplete or false report or failure to maintain appropriate documentations in accordance with this Regulation;

d)intentionally obstruct or creates obstacle in the regulatory activities of the Authority; and

e)transfer his certificate of competence to a third party.

3/ The Authority shall, at least 45 (forty five)

days ahead, issue a written notice to the

holder of the license or certificate by

stating the grounds on which suspension

or revocation measure is to be taken.

4/ A license or certificate of competence of any person may be revoked accordance with sub-article(3) of this article, if the person fails to rectify the problem entailed suspension within the period given to rectify it, or commits another problem for the second time within two years which may entail suspension.

5/The notice served by the authority in accordance with sub-article (3) of this Article, shall notify the holder of a license or certificate to submit in writing the measure that he is going to take or express his opinion in writing to the Authority.

6/ The Authority, after the laps of period stated under sub-article (8) of this Article, where it;

a)suspends or revokes any license either in whole or in part, it shall publish such suspension or revocation on a mass media having wider circulation

b)suspends or revokes any competency certificate either in whole or in part, it may publish such suspension or revocation on a mass media having wider circulation.

7/The Authority shall take into consideration in its decision to suspend or revoke a license or competency certificate, the extent to which any person is likely to suffer damage as a result of suspension or revocation of a license.

8/Any person whose license or certificate of competency suspended or revoked by the Authority may apply to the Authority within one month for review of the decision by the Authority.

  1. Validity Period and Renewal of Certificate of Competency

1/A certificate of competency shall be valid for two years starting from the date of its issuance.

2/A certificate of competency shall be renewed at least 15 (fifteen) days before its expiry date by submitting application for its renewal.

3/Any person whose certificate of competency has not been renewed within the period specified under sub-article (2) of this Article, may apply for renewal within subsequent 90(ninety) days of its expiry and the Authority may renew the certificate upon payment of penalty fee to be prescribed in a directive.

4/Any professional who wants to renew his certificate of competency shall produce evidence showing that, within the validity period of the certificate, that he has at least gained three months work experience or has participate at least for 16 hours training which has relevance to the certificate issued.

5/Any certified business organization requests to renew its certificate of

competency shall present its professional staff and their respective certificate of competence together with other relevant documents to the authority.

17.Replacement of License or Certificate of Competency

1/Any licensee or holder of certificate of competence may, upon the payment of the application and registration fee prescribed on the table 1 of this Regulation, may apply to the Authority for the replacement of the license or certificate of competency, which has been lost or destroyed.

2/The Authority after receiving the application in accordance with sub-Article

(1) of this Article shall issue a replaced license or certificate of competency, after conducting appropriate verification.

18.Inspection

1/The Authority shall assign inspection officer to supervise the activities of a certificate of competency holder whether he conducts its work in accordance with the terms of certificate of competence.

2/The inspection officer assigned by the Authority shall show his identification card issued by the Authority while conducting inspection, and may require the certified person to submit documents, records, machineries, tools, any other informations at its disposal, as appropriate.

3/Any certified person shall submit a completion report to the Authority on tasks performed with the certificate of competence issued, by filling form prepared by the Authority in accordance with directive to be issued to implement this regulation.

  1. revocation of License and Certificate of Competency

A license or certificate of competency shall revoked if:

1/ it expires without being renewed pursuant to Article 12 and Article 16 of this Regulation;

2/ it is revoked by the Authority pursuant to

Article 15 of this Regulation; or 3/ without prejudice to the rights of heirs, a

license or certificate of competency shall be terminated when an individual dies or when a business o

20.Fee for License and Certificate of Competency

The service fees to be paid for the Authority with regards to the issuance and administering of the license and certificate of competency shall be as per the provisions of Table 1 of this regulation.

Related Posts

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: