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Published On: Fri, Nov 24th, 2017

Eligible Customers Policy: AEDC denies issuance of Force Majeure

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By Etuka Sunday

Abuja Electricity Distribution Company Plc (AEDC) has said it did not declare any Force Majeure over the Eligible Customers policy in the Nigerian Electricity Supply Industry, contrary to what was widely reported in some of the Nigerian Newspaper yesterday, November 22nd, 2017.
Recall, the Bureau Public Enterprises (BPE) recently rejected notice by some unidentified Electricity Distribution Companies to declare Force Majeure.
The Director General of BPE, Mr. Alex Okoh, has said that there is no basis for the issuance of notice to declare force majeure by the Discos following the policy directive on Eligible Customers and the Eligible Customer Regulations by the Nigerian Electricity Regulatory Commission (NERC).
In a letter to the Discos, he challenged the assertion by the Discos that there has been a change in law and political force majeure event pursuant to certain clauses in the Performance Agreement the core investors of the Discos signed with the BPE. As such, he rejected the notice to declare force majeure by the Discos.
The Discos had claimed that the policy directive on Eligible Customers and the Eligible Customer Regulations have resulted in a change of law which prevents them from fulfilling their obligations under the Performance Agreement.
But Okoh countered that pursuant to the Electric Power Sector Reform Act 2005, it is obvious that the Minister of Power, Works and Housing is empowered to issue the policy directive specifying the class or classes of end-use customers that shall constitute Eligible Customers. In the same vein, NERC is similarly empowered to issue Eligible Customer Regulations.
However, the Management of AEDC in a statement signed by its Head of Corporate Communications, Oyebode Fadipe said, it came to it as a shock when it’s name was listed in some of the newspapers as one of the Discos that have declared Force Majeure on account of the Eligible Customer policy of the Federal Government.
“We have neither declared nor have we conveyed such intention to either the Bureau of Public Enterprises (BPE), Nigerian Electricity Regulatory Commission (NERC) or any other stakeholders in the Nigerian Electricity Supply Industry nor do we intend to do so anytime soon,” the statement said.
“We therefore urge our customers and stakeholders to disregard the news story as it has nothing to do with AEDC Plc as a player in the NESI, the statement added.

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