OVERVIEW OF THE PRESENTATION • NERSA Establishment • NERSA Establishment - diagram • Legislation under the custodian of NERSA • Functions of the National Energy Regulator • Disqualifications and requirements • Conclusion
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NERSA Establishment - diagram National Energy Regulator of South Africa Energy Regulator Act Regulator repealed Regulator repealed Regulator repealed Petroleum Pipelines Act This Act provided for Petroleum pipelines regulator, repealed by the Regulator Act This Act allows the regulator to petroleum pipelines Petroleum products remain regulated by the department Gas Act This Act provided for a gas regulator and it was repealed by the Regulator Act This Act allows the regulator to regulate piped gas Electricity Regulation Act This Act provided for a regulator and was repealed by the Regulator Act This Act allows the regulator to regulate the entire value chain The Minister develop policies and regulations to guide the regulator
Legislation under the custodianship of NERSA Petroleum Pipelines Act Electricity Regulation Act NERSA National Energy Regulator Act Gas Act
Functions of the energy regulator (NERSA) The National Energy Regulator Act refers to the following legislation to be outlining the functions of the regulator: • The Electricity Act, now called Electricity Regulation Act, • The Petroleum Pipelines Act, and • The 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