NATIONAL ENERGY REGULATOR ACT

NERSA Establishment

NERSA Establishment - diagram

Legislation under the custodian of NERSA

Functions of the National Energy RegulatorFunctions of the National Energy Regulator

Disqualifications and requirements

Conclusion

OVERVIEW OF THE PRESENTATIONOVERVIEW OF THE PRESENTATION

NERSA Establishment

NERSA was established as a juristic person in 2004 through the National Energy Regulator Act

The National Energy Regulator Act requires NERSA to undertake functions of the Electricity Regulator, Gas regulator, and the Petroleum Pipelines regulator

In terms of the National Energy Regulator Act, NERSA must have 4 full-time and five part-time regulator members

The full time regulator members include the Chief Executive Officer while the other three must be primary responsible for the three different sectors under the regulation of NERSA

Each regulator member must hold office for a period of 4 years

NERSA Establishment - diagram

National Energy Regulator of South Africa

Gas Act

This Act provided for a gas regulator and it was repealed by the Regulator Act

This Act allows the regulator to regulate piped gas

Petroleum Pipelines Act

This Act provided for Petroleum pipelines regulator, repealed by the Regulator Act

This Act allows the regulator to petroleum pipelines

Petroleum products remain regulated by the department

Electricity Regulation Act

This Act provided for a regulator and was repealed by the Regulator Act

This Act allows the regulator to regulate the entire value chain

The Minister develop policies and regulations to guide the regulator

Energy Regulator Act

Regulator repealed

Regulator repealed

Regulator repealed

Legislation under the custodianship of NERSA

NERSANational Energy Regulator Act

Petroleum Pipelines Act

Gas Act

Electricity Regulation Act

Functions of the energy regulator (NERSA)Functions of the energy regulator (NERSA)

The National Energy Regulator Act refers to the following legislation to be outlining the functions of the regulator:

oThe Electricity Act, now called Electricity Regulation Act,oThe Petroleum Pipelines Act, andoThe Gas Act.

The National Energy Regulator Act does not empower the regulator to regulates the whole energy sector

NERSA can only regulate of electricity, petroleum pipelines and piped gas.

Disqualifications and requirements

The regulator members must:Be South African or hold a South African residential permit

Collectively have adequate legal, technical, business, economic or any other experience relevant to the regulated sectors

Disclose any interest they may have in the regulated industries

The Minister must publish a notice in the Gazette requesting the public to nominate possible candidates to serve as regulator members

Conclusion

The National Energy Regulator Act establishes the regulator and allows sector legislation to guide the regulation of each sector

The Electricity Act was repealed through the Electricity Regulation Act to allow for alignment with other legislation under NERSA