The Nigerian Electricity Management Services Agency (NEMSA) has given the management of the Port Harcourt Electricity Distribution Company (PHEDC) two weeks to resolve all outstanding issues with its networks or face legal action.
This directive was issued on Thursday 30th November 2023 by the Managing Director/Chief Executive Office of NEMSA Engr. Aliyu Tukur Tahir when the Management team of PHEDC led by the MD/CEO Dr Benson Eweruo paid him a courtesy visit at the Abuja headquarters of the Agency.
NEMSA had in pursuant to section 11(4) NEMSA Act, 2015, now Section 176 of the Electricity Act, 2023 published in October 2023, in the national dailies, an enforcement notice against the Port Harcourt Electricity Distribution Company (PHEDC). In the media publications, NEMSA accused PHEDC of incessant, flagrant disregard to technical standards in contravention of the Electricity Act, 2023 and other extant laws.
Engr Tukur who is also the Chief Electrical Inspector of the Federation had expressed displeasure with the refusal of PHEDC to comply with all the queries and instructions issued to them resulting in the publication of the final notice in the media.
Speaking during the visit, the NEMSA MD/CEO said “I know you have your safety officer here. I have been to Port Harcourt several times. I have gone through the Port Harcourt network myself. Recall that we have a field Inspectorate office in Port Harcourt, meter test station, warehouse and other facilities, so, I do not see the reason we should have problem with the Port Harcourt DISCO”.
The NEMSA Chief Executive said NEMSA Act of 2015 (now the Electricity Act of 2023) confers on the agency the power to enforce technical standards and regulations, technical inspection, and certification of all categories of electrical installation in the power industry and Nigeria at large to ensure safety of lives and property in the use of electricity.
“The enforcement of technical standards and regulations is a very critical and important aspect in managing the growth of the electricity industry in any nation as it helps to ensure that all electrical installations deployed in the Nigerian Electricity Supply Industry (NESI) meet required technical standards, regulations and specifications to ensure that such systems are capable of delivering safe, reliable and sustainable electricity supply as well as guarantee safety of lives and property”, he said
Engr. Tukur described the visit as a welcome development stressing that if it had taken place earlier, most of the issues would have been resolved amicably. “Our major concern is safety-safety of your men and safety of the users of electricity within PHEDC and these things are key to the sustainability of your operations. The transmission company has substations within your DISCO and there are 33KV feeder lines that interconnect you and the Transmission sub- stations. The way you are operating these feeder lines, there is no way you can get smooth power supply to your distribution ends as you have indiscriminately connected several point loads Transformers to 33KV feeder lines and if you continue like that, one day you will not have power supply to distribute. We have noticed overtime that you execute electrical installation projects without recourse to NEMSA’s electrical inspection and certification”.
Continuing, the NEMSA CEO said, “Section 184 subsection 8 of the 2023 Electricity Act states that no new or upgraded electrical installation of any type shall be connected to an existing power system or network and energized either for temporary or permanent use until such electrical installation has been duly inspected, tested, and certified fit for use by NEMSA and that is not taking place within the PH DISCO. I don’t know if your staff tell you the truth or they hide so many things. I agree with you that you want to comply with the regulations, but as Chief Executives we have to rely on information from our staff because we cannot be everywhere. So, it is important you go yourself and investigate because you are the second DISCO that we had issued Enforcement Notice on the pages of Newspapers.
“We don’t do that unless all the other channels we tried failed, that is the first step towards issuing enforcement order. After enforcement order, we have no other option than to go to court. But once an enforcement notice is issued, you are free to make representation and that is what you are doing today. Assuming you did it when we issued the enforcement order before the newspaper publication, which was about 5 months ago with no response from you, we could have resolved the issues. You wrote saying that you would not pay for inspection fees, we wrote you back informing you that the fees are statutory charges.
“Rather than comply, you went ahead connecting electrical installations without our inspection, testing and certification and we have no other option than to issue the notice which was intended to notify those that would be affected by your none compliance and it is within our mandate.
“What we demand is compliance with the technical standards and regulations and once you do that your networks would be up to standard and you would be able to have smooth and safe power supply and you would be able to distribute electricity seamlessly and collect your revenue and your customers will be very happy.
“I want you to know that we in NEMSA are not against you or any DISCO for that matter, rather we are for safety.”
He thanked the visitors for coming and for the frank discussions stressing that the major issue was to ensure that things are done properly in accordance with the law.
Earlier, the Managing Director/Chief Executive of (PHEDC) Dr, Benson Eweruo, who led a team of his management staff to the NEMSA headquarters, had told the NEMSA management that the visit was in response to the final enforcement notice against the company which was issued and published in the national dailies by NEMSA in October, 2023
Said he “Few weeks ago, I saw a Final Demand Notice on our company, the PHEDC, in the national dailies issued by NEMSA. I speak with NEMSA MD/CEO regularly. So, I was surprised at the issuance of the demand notice on us. But I believe that despite the publication, there must be a window for discussion and negotiation.
“For us in PHEDC, it is zero tolerance for compliance. That is a culture I have embraced. I want to assure NEMSA management that PHEDC has transformed, and we are already seeing the result and we must bring NEMSA on board in this regard.
“Therefore, this meeting is both a courtesy visit and an opportunity to appeal for your intervention so that we can resolve all the lingering issues amicably.
“The problems we have at the PHEDC are problems that preceded our coming into the business. Right now, we are responsible for distribution of power to four south-south states of Rivers, Bayelsa, Akwa Ibom and Cross River states. If we can power the cities 24/7, we would have set up industrial centres within the cluster and with the industrial centres, we would technically be creating employment and growing business. But we have realized that we cannot achieve this without the support of critical stakeholders such as NEMSA which is at the centre of all we plan to do.
“We therefore decided to find ways of engaging with NEMSA other key business partners and that engagement has taken us to various parts of the country seeking their cooperation and support”, he stated.
After deliberations the meeting agreed to resolve all outstanding issues including lapses in the PHEDC network and debts owed to NEMSA within two weeks.
It was agreed that the PHEDC would immediately set up a team as quickly as possible and resolve the contending issues with NEMSA within two weeks. The NEMSA Executive Director Technical Services Engr. Shuaibu Usman would supersize the process
Other agreements at the meeting included:
- The need to ensure safety of lives and property in all the networks
- NEMSA to have regular engagements with PHEDC and other utility companies on the enforcement of technical standards and regulations
- NEMSA should quickly complete the review of safety manuals of all utility companies and thereafter engage them on its findings and observations
- NEMSA to initiate training of Certified Electrical Installation personnel in the power sector in collaboration with NAPTIN
- The meeting agreed to resolve all issues amicably and open a new page of harmonious relationship.
- Resolved that the PHEDC should as a matter of necessity create a planning department that would share information with NEMSA in terms of plans for the network, compliance with technical standards and regulations, plans for the rehabilitation of aged networks, replacement of aged Electrical materials and equipment as these would guide NEMSA in its inspection and ultimately help solve problems that might arise during inspection of the network
- PHEDC Management agreed to comply with all technical standards and regulations going forward.
