The Electricity (Supply Services) Rules, 2017
This section is titled “Interpretation” and appears in Part II on Licensing Procedures.
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- The Electricity (Supply Services) Rules, 2017
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Statute overview
About this statute
This section is titled “Interpretation” and appears in Part II on Licensing Procedures. Section 9 is titled “Application for a Provisional Licence.” This section concerns the publication of a provisional licence application. This section is titled “Publication of an Application for Exemption.” This section is titled “The Authority to Give Reasons for its Decisions.”
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Provisions of The Electricity (Supply Services) Rules, 2017
Showing 93 of 93
- 3 Verify source ↗
Interpretation
AI-assisted research summary: This section is titled “Interpretation” and appears in Part II on Licensing Procedures.
3. Interpretation PART II LICENSING PROCEDURES
Part
PART II
- 9 Verify source ↗
Application for a Provisional Licence
AI-assisted research summary: Section 9 is titled “Application for a Provisional Licence.”
9. Application for a Provisional Licence - 10 Verify source ↗
Publication of a Provisional Licence Application
AI-assisted research summary: This section concerns the publication of a provisional licence application.
10. Publication of a Provisional Licence Application - 13 Verify source ↗
Publication of an Application for Exemption
AI-assisted research summary: This section is titled “Publication of an Application for Exemption.”
13. Publication of an Application for Exemption - 15 Verify source ↗
The Authority to Give Reasons for its Decisions
AI-assisted research summary: This section is titled “The Authority to Give Reasons for its Decisions.”
15. The Authority to Give Reasons for its Decisions - 17 Verify source ↗
Application for Transfer of a Licence
AI-assisted research summary: Section 17 is titled “Application for Transfer of a Licence.”
17. Application for Transfer of a Licence - 20 Verify source ↗
Application for Renewal of a Licence
AI-assisted research summary: This section is titled “Application for Renewal of a Licence.”
20. Application for Renewal of a Licence 1 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) - 22 Verify source ↗
Appeal
AI-assisted research summary: Section 22 is titled “Appeal” and appears under “General Obligations of a Licensee” in Part III.
22. Appeal GENERAL OBLIGATIONS OF A LICENSEE PART III - 4 Verify source ↗
(1) Save for off-grid supply activities in rural areas
AI-assisted research summary: Most supply activities need a licence, unless the person is exempted by the Authority or the activity is off-grid supply in rural areas with maximum demand below one megawatt.
4. – (1) Save for off-grid supply activities in rural areas where the maximum demand on the off-grid system is below one megawatt, no person shall conduct any supply activity without a licence unless such person is exempted 7 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) by the Authority pursuant to rule 14. (2) A person who conducts any supply activity without a licence shall, not later than three months after coming into force of these rules, apply to the Authority for a licence in respect of its supply activity. (3) Notwithstanding the provisions of sub-rules (1) and (2) any person who has been conducting supply activity with a licence issued by an institution other than the Authority shall, within six months of coming into force of these rules, apply for a licence and the Authority shall proceed issuing a licence which shall contain terms and conditions not less favourable than those contained in the licence issued by an institution other than the Authority. Penalty - 5 Verify source ↗
(1) Any person who contravenes the provisions of rules
AI-assisted research summary: A person who breaches rules 4(1), 4(2), or 4(3) may face a fine, imprisonment, or both; a breach of rule 4(3) may also lead to licence revocation.
5. – (1) Any person who contravenes the provisions of rules 4 (1), (2) and (3) shall be liable to a fine of not exceeding ten million shillings or to imprisonment for a term not exceeding five years or to both. Licence Application Procedure (2) Notwithstanding the penalty prescribed in sub-rule (1) any person who contravenes the provisions of rule 4 (3) may, in addition to the penalty in sub-rule (1), have its licence revoked. - 6 Verify source ↗
(1) An applicant for a licence shall apply to the
AI-assisted research summary: A licence applicant must apply to the Authority using the prescribed form and must include the required documents and fee.
6. – (1) An applicant for a licence shall apply to the Authority for a licence by filling in the appropriate form lodge such prescribed by application to the Authority, together with such other documents or records as may be required by the Act, the EWURA Act and other applicable law. the Authority, and shall (2) Notwithstanding the provision of sub-rule (1), an application for a licence shall be accompanied by: (a) certified copies of its registration documents; (b) proof of availability of electric energy to be supplied such as the power purchase agreement, import licence or use-of-system agreement; (c) proof of financial capability for the supply activity; 8 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) Publication of a Licence Application (d) description of the service area; and (e) proof of environmental clearance. (3) An application for a licence shall be accompanied by a- non-refundable application fee as shall be prescribed by the Authority in the licensing fees rules. (4) The provisions of rules 4 and 6 shall not apply to any licensee who has applied and has been exempted pursuant to rule 14 from complying with the requirements of section 8 of the Act. - 7 Verify source ↗
(1) A licence application received by the Authority
AI-assisted research summary: The Authority must check a licence application for completeness and legality, publish notice in two wide-circulation newspapers in Tanzania (one English, one Kiswahili), and consider public comments before deciding the application.
7. – (1) A licence application received by the Authority shall be evaluated to verify its completeness and legality of information contained therein and thereafter a notice of the application shall be published in at least two newspapers of wide circulation in Tanzania one in English and another in Kiswahili with a view to soliciting comments and representations on the application. (2) The public shall be invited to submit comments and representations within twenty one days from the date of publication of the comments and representations shall be considered by the Authority in arriving at the decision on the application. the notice and Grant of a Licence - 8 Verify source ↗
(1) The Authority shall, upon consideration of
AI-assisted research summary: The Authority must decide on licence applications, and may grant, deny, refer back, or grant an exemption or provisional electricity supply licence.
8. – (1) The Authority shall, upon consideration of an application for a licence: (a) grant the application and issue a licence; (b) deny the application; (c) refer back an application; (d) grant an exemption pursuant to rule 14; or (e) grant a provisional electricity supply licence subject to fulfillment of the general conditions set out in these rules and such other conditions as the Authority may determine. (2) The Authority shall, in making a decision to grant or deny a licence or grant an exemption, take into consideration: (a) the protection of the environment; (b) the applicant’s record of compliance with the 9 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) Act, these rules and other applicable laws; (c) objections or representations from the public sought pursuant to rule 7; (d) compliance to land use laws; (e) economic efficiency and benefit applicant and the public in general; and to the (f) any other matter relevant to the orderly conduct of supply activity in Tanzania. (3) The Authority may deny issuing a licence where it determines that: applicant (a) the does not meet licensing requirements provided in rule 6 (2); (b) the applicant’s activities may not be conducted in accordance with safety, health and environment requirements; or (c) the application has violated the mandatory requirements provided under the the Act, EWURA Act, these Rules and any relevant applicable law. (4) Where the Authority grants an application for a licence it shall notify the applicant to collect the licence upon payment of a licence fee as shall be prescribed by the Authority in the licensing fees rules. (5) The Authority shall, within fourty working days from the date of receipt of a complete application, notify the applicant of its decision referred under rule 8 (1). - 9 Verify source ↗
(1) Any person seeking to conduct electricity
AI-assisted research summary: A person seeking to provide electricity supply services may apply to the Authority for a provisional electricity supply licence before applying for a full licence, and the applicant must file a prescribed application form with specified supporting documents.
9. – (1) Any person seeking to conduct electricity supply services may, prior to applying for a licence, apply to the Authority for a provisional electricity supply licence. (2) The applicant shall lodge to the Authority an application form for a provisional electricity supply licence which shall be in a prescribed form together with the following: (a) certified copies of its registration documents; (b) a business plan; (c) a Taxpayer Identification Number; (d) supporting documents from Local Government; (e) a construction schedule; 10 Application for a Provisional Licence The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) (f) pre-feasibility study or project write-up; (g) application fee; (h) proof of financial capability; (i) a sketch map of the proposed service area; (j) Power Purchase Agreement, Memorandum of Understanding, Power Supply Agreement or Letter of Intent; and (k) any other documentation or information that the Authority may require. Publication of a Provisional Electricity Supply Licence Application its completeness and - 10 Verify source ↗
(1) A provisional electricity supply licence
AI-assisted research summary: The Authority must review a provisional electricity supply licence application, publish notice of it, consider public comments, and decide within 40 working days. The Authority may refuse the licence if listed requirements are not met.
10.-(1) A provisional electricity supply licence application received by the Authority shall be evaluated to information verify contained therein and thereafter a notice of the application be published in at least two newspapers of wide circulation in Tanzania one in English and another in Kiswahili with a view to soliciting comments and representations on the application. legality of (2) The public shall be invited to submit their comments and representations within fourteen days from the date of publication of the comments and representations shall be considered by the Authority in arriving at the decision on the application. the notice and (3) The Authority may deny issuing a licence where it determines that: (a) the applicant does not meet licensing requirements provided in rule 9 (2); (b) the applicant’s activities may not be conducted in accordance with safety, health and environment requirements; or (c) the application has violated requirements provided under EWURA Act and any relevant applicable law. the mandatory the the Act, (4) Where the Authority grants an application for a licence it shall notify the applicant to collect the licence upon payment of a licence fee as shall be prescribed by the Authority in the licensing fees rules. 11 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) (5) The Authority shall, within forty working days from the date of receipt of a complete application, notify the applicant of its decision referred under sub-rule (1). Grant of a Provisional Electricity Supply Licence - 11 Verify source ↗
The Authority shall, after the expiration of the
AI-assisted research summary: The Authority must wait until the 14-day comments period in rule 10(2) has expired, then evaluate the application and make a decision.
11. The Authority shall, after the expiration of the fourteen days deadline to submit comments in rule 10 (2) evaluate such application and thereafter make a decision based on: (a) the applicant’s record of compliance with the Act, these Rules and other applicable laws; (b) economic efficiency and benefit to the applicant and the public in general; and (c) comments or representations received from the public, if any. Application for Exemption - 12 Verify source ↗
(1) Any person may apply to the Authority to be
AI-assisted research summary: Any person may apply to the Authority for an exemption from section 8 requirements.
12. – (1) Any person may apply to the Authority to be exempted from complying with the requirements of section 8 of the Act. (2) The application for exemption in sub-rule (1) shall be made in writing to the Authority stating the following: (a) description of shareholders; the project including its (b) description of the service area; (c) any relevant agreement which may have an impact on the availability of supply services; and (d) reasons for the exemption. (3) An application for exemption shall be accompanied by the Applicant’s registration documents and any other information as the Authority may require. Publication of an Application for Exemption the application - 13 Verify source ↗
(1) Upon receipt of
AI-assisted research summary: The Authority must publish a notice of the application in two wide-circulation newspapers in Tanzania, and the public may submit comments and representations within 21 days of publication.
13.- (1) Upon receipt of in accordance rule 12, the Authority shall publish a notice of the application in at least two newspapers of wide circulation in Tanzania one in English and another in Kiswahili with a view to soliciting comments and representations on the application. (2) The public shall be invited to submit their comments and representations within twenty-one days from 12 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) the date of publication of the notice and the comments and representations shall be considered by the Authority in arriving at the decision on the application. Grant of Exemption the Authority shall proceed evaluating - 14 Verify source ↗
(1) At the conclusion of an inquiry process in
AI-assisted research summary: After the inquiry process, the Authority must decide whether to grant or deny the application, consider specified factors when deciding on an exemption, and state the exemption’s terms, obligations, and rights in an Order published in the Gazette.
14.-(1) At the conclusion of an inquiry process in rule 13 the application and make a decision either granting or denying the application subject to such terms and conditions it may deem fit. (2) The Authority shall while making a decision into to grant an exemption or not, take whether consideration the following: (a) gravity of the reasons submitted in support of the exemption; (b) public interests to be protected; and (c) comments or representations received from the public, if any. (3) The term, obligations and rights to be provided by an exemption shall be specified in the Order to be published by the Authority in the Gazette. The Authority to Give Reasons for its Decisions - 15 Verify source ↗
The Authority shall, in the event that it denies or refers
AI-assisted research summary: If the Authority denies or sends back certain applications, it must notify the applicant in writing and give reasons.
15. The Authority shall, in the event that it denies or refers back an application for a licence, provisional electricity supply licence or an application for exemption inform the applicant of such decision in writing, including the reasons thereof. Validity and Duration of a Licence - 16 Verify source ↗
(1) The term of a licence and that of a provisional
AI-assisted research summary: This provision says licence terms must be shown on the licence, and it sets rules for provisional licence validity, licence transfer, name changes, and shareholding changes.
16. – (1) The term of a licence and that of a provisional electricity supply licence shall be clearly stated on the face of such licence or provisional licence, as the case may be. (2) A provisional electricity supply licence shall remain valid for the term issued, unless when replaced by a licence to provide the services issued by the Authority, or when extended for such further period as the Authority may determine, upon written application by a licensee. (3) Notwithstanding the provisions of sub-rules (1) and (2), a licence or a provisional electricity supply licence shall cease to have effect, if the respective licensee fails to conduct a supply activity or any activity related to the 13 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) provisional electricity supply within six months after issuance of the licence. Application for Transfer of a Licence 1–. - (1) No licence shall be assigned or transferred to another person without a written approval of the Authority. (2) Any transferee or assignee of a licence shall apply to the Authority by filling in the appropriate form prescribed by the Authority, and lodge it with the Authority, together with the following: (a) certified copy of the tax clearance certificate of the licensee; (b) original copy of a valid EWURA licence; (c) proof of payment of transfer application fee; (d) proof of payment of any outstanding fines; (e) lease/sales agreement that is stamp duty paid; (f) proof of payment of any outstanding levy; and (g) any other documents or information as may be required by the Authority. (3) Notwithstanding the provisions of sub-rule (1), no application for a transfer or assignment of a licence shall be entertained by the Authority: (a) unless it is endorsed by the transferor or assignor, as the case may be; and (b) where there is a pending litigation between EWURA and the licensee. (4) A licence transfer application received by the Authority shall be evaluated to verify its completeness and legality of information contained therein and thereafter a notice of the application shall be published in at least two newspapers of wide circulation in Tanzania, one in English and another in Kiswahili with a view to soliciting comments and representations on the application. (5) The costs for publication of the notice under sub-rule (4) shall be borne by the Authority. (6) The public shall be invited to submit comments and representations within fourteen days from the date of 14 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) the comments and publication of representations shall be considered by the Authority in arriving at the decision on the application. the notice and (7) The Authority shall, after the expiration of the notice in sub-rule (6) Evaluate together with comments received if any and make a decision whether to grant or refuse the application for transfer or assignment. the application Change of Name 18. – (1) A licensee may change its name pursuant to the provisions of these Rules and applicable law. (2) A licensee who has changed its name shall within thirty days after such change notify the Authority in writing, which shall be accompanied by a certificate for change in name issued by relevant authorities. Change of Shareholding Structure 1–. - (1) Any change in shareholding structure of a licensee shall require a written approval of the Authority. (2) A licensee intending to change its shareholding structure shall before applying in shareholding structure to the Registrar of Companies apply for the approval to the Authority by submitting a letter to the Authority requesting for the approval. the change for Cap. 212 (3) A licensee shall, after getting the approval for change of shareholding structure from the Registrar of companies as required by the Companies Act, notify the Authority about such change. (4) The Authority may before approving the application for change in shareholding structure in sub-rule (2) of this rule consult the Fair Competition Commission and the Tanzania Revenue Authority. Application for Renewal of a Licence - 20 Verify source ↗
(1) A licensee may, within three months before
AI-assisted research summary: A licensee may apply to renew a licence within three months before expiry, using the Authority’s prescribed written form and required supporting documents.
20. – (1) A licensee may, within three months before expiration of a licence term, apply to the Authority for a renewal of a licence. (2) Application for a renewal of a licence in sub-rule (1) shall be in writing by filling in an application form to be prescribed by the Authority. 15 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) (3) An application for renewal of a licence under sub-rule (2) shall be accompanied by: (a) a business plan; (b) supporting documents from Local Government; (c) Land Title Deed or proof of acquisition for land, where applicable; (d) A construction schedule, where applicable; (e) pre-feasibility study or project write-up, where applicable; application fee; (f) (g) a sketch map of the proposed service area, where applicable; (h) power purchase agreement, where applicable; and (i) any other documentation or information that the Authority may require. (4) The Authority shall, while making a decision whether to grant or deny an application for renewal of a licence, consider the following: (a) (b) (c) (d) applicant’s compliance to the conditions of the licence which is due to expire that there is no outstanding payment of fines; that there is no outstanding payment of levy; and that there is no pending litigation between EWURA and the applicant. (5) The Authority shall, in the event that it denies an application for a licence, inform the applicant of such decision in writing, including the reasons thereof. (6) Notwithstanding the provisions of sub-rule (3) the Authority shall not renew the licence of a licensee who has, during the term of the licence which has expired or is due to expire, ignored, resisted or failed to comply with any Order given by the the Authority to the said licensee. (7) The Authority shall, within forty working days from the date of receiving a complete application, notify the 16 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) applicant of its decision referred under sub-rule (4) and (6). Licence Suspension and Revocation - 21 Verify source ↗
(1) The Authority may revoke the licence where it
AI-assisted research summary: The Authority may revoke or suspend a licence, or appoint an administrator, if the licensee meets certain serious compliance or payment problems.
21. – (1) The Authority may revoke the licence where it determines that the licensee is unable to discharge its obligations under the Act, the EWURA Act or any other applicable law or where the licensee is convicted of any serious offence. (2) Notwithstanding the provisions of sub-rule (1) the Authority may suspend a licence for a period up to twelve months where: (a) the licensee is found to be in serious violation of the provisions of the Act, the EWURA Act or these rules on matters relating to the protection of occupational health, public safety and environment; or (b) the licensee fails to pay a regulatory levy to the Authority and such levy remains unpaid thirty days after it has become due and the Authority has given the licensee notice in writing that such payment is overdue and the licensee has not paid (3) Notwithstanding the provisions of sub-rules (1) and (2) the Authority may in lieu of suspending or revoking a licence, and subject to the provisions of the Act and the EWURA Act, appoint an administrator replace management of a licensee, and manage the affairs of the licensee for such period the Authority may determine. to Appeal - 22 Verify source ↗
Any person may, if aggrieved by the decision
AI-assisted research summary: A person aggrieved by an Authority decision may appeal to the Tribunal.
22. Any person may, if aggrieved by the decision of the Authority made in accordance with rules 8, 11, 14 or 21 may appeals to the Tribunal pursuant to the provisions of the Fair Competition Act. PART III GENERAL OBLIGATIONS OF A LICENSEE Obligation to Provide Services - 1 Verify source ↗
Section 1
AI-assisted research summary: 1. .......................................................................................................
1. ....................................................................................................... - 2 Verify source ↗
Section 2
AI-assisted research summary: 2. ....................................................................................................... Witnessed by:........................................................................................... NOTES:
2. ....................................................................................................... Witnessed by:........................................................................................... NOTES: - 1 Verify source ↗
Electricity supply will be discontinued if customer will be found using electricity
AI-assisted research summary: Electricity supply will be discontinued if a customer is found using electricity.
1. Electricity supply will be discontinued if customer will be found using electricity - 2 Verify source ↗
Section 2
AI-assisted research summary: Authorized staff conduct inspections and may be accompanied by other officials.
2. contrary to laid down regulation; Inspections will be conducted by authorized staff who may be accompanied by other officials. - 3 Verify source ↗
Power will be disconnected and customer will be notified in writing steps to be taken
AI-assisted research summary: Power may be disconnected, and the customer must be notified in writing of the steps needed before power can be restored.
3. Power will be disconnected and customer will be notified in writing steps to be taken before restoration of power supply. 42 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) __________ THIRD SCHEDULE __________ Made under rule 59(2) Section 33 (2) of the Electricity Act PENALTIES FOR VIOLATIONS OF ELECTRICITY SUPPLY ACTIVITY S/N Particular - 2 Verify source ↗
Breach of Licence conditions for each
AI-assisted research summary: Breach of a licence condition is penalized, with higher penalties for repeat offences.
2. Breach of Licence conditions for each licence condition Amount in TZS 1st Offence 2nd Offence 5,000,000 7, 000,000 and 3rd Subsequent Offence 10,000,000 or Five Years Imprisonment 1,000,000 2, 000,000 3,000,000 - 3 Verify source ↗
Tampering with or adjusting installation
AI-assisted research summary: This section concerns tampering with or adjusting an installation or part of an installation.
3. Tampering with or adjusting installation or part of an installation - 4 Verify source ↗
Charging customers tariff that is not
AI-assisted research summary: This section appears to prohibit charging customers a tariff that has not been approved by the Authority, and lists fines or imprisonment as possible penalties.
4. Charging customers tariff that is not approved by the Authority 1,000,000 2, 000,000 5,000,000 7, 000,000 3,000,000 or One Year Imprisonment 10,000,000 or Five Years Imprisonment - 5 Verify source ↗
Failure to submit to the Authority a
AI-assisted research summary: Failure to submit a customer service charter to the Authority is listed as an offence, with three stated monetary amounts following it.
5. Failure to submit to the Authority a customer service charter 1,000,000 2, 000,000 3,000,000 - 6 Verify source ↗
Failure to submit to the Authority in a
AI-assisted research summary: This provision concerns failing to submit required data and information to the Authority in a true and correct form within the prescribed time.
6. Failure to submit to the Authority in a true and correct form required data and information within the prescribed time - 7 Verify source ↗
Manufacturing, importation or sale of
AI-assisted research summary: This section concerns manufacturing, importing, or selling equipment in a way that may harm human life or damage equipment or property.
7. Manufacturing, importation or sale of any equipment so as to pose or likely to cause harm to human life or damage equipment or property - 8 Verify source ↗
Affixing or causing to be affixed any
AI-assisted research summary: Do not affix or cause to be affixed advertisements, bills, notices, or other paper on, against, or so as to deface buildings or related equipment used for electrical installations unless the licensee or the Authority consents.
8. Affixing or causing to be affixed any advertisement, bill, notice or any paper against or upon or otherwise defacing any building, post, bracket or other equipment or an enclosure thereof used for or in connection with any electrical installation without a consent of the licensee or the Authority - 9 Verify source ↗
Negligently cause of injury or damage to
AI-assisted research summary: This section lists electricity-related offences and their penalties, including negligent injury or damage, damage to meters, fraudulent abstraction or consumption of electricity, meter tampering, and stealing oil or additives from electrical equipment.
9. Negligently cause of injury or damage to any person or property in respect of any electrical supply, installation equipment or any part thereof 10 Damage to any meter or other instrument used on or in connection with any 43 2,000,000 4, 000,000 6,000,000 5,000,000 7, 000,000 10,000,000 or Five Years Imprisonment 1,000,000 2, 000,000 3,000,000 5,000,000 7, 000,000 3,000,000 5, 000,000 10,000,000 or Five Years Imprisonment 7,000,000 or Three Years The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) S/N Particular licensed installation for recording the output or consumption of energy. Fraudulently abstracting electricity; Fraudulently consuming electricity; 11 12 13 Fraudulently altering the index of any meter or other instrument used or in connection for recording the output or consumption of electricity or preventing any such meter or instrument from duly recording output or consumption of electricity; installation to any 14 Fraudulently oil, abstracting lubricant, additive from a transformer or any other part of electrical installation. any an Amount in TZS 1st Offence 2nd Offence 5,000,000 7, 000,000 5,000,000 7, 000,000 5,000,000 7, 000,000 5,000,000 7, 000,000 and 3rd Subsequent Offence Imprisonment 10,000,000 or Five Years Imprisonment 10,000,000 or Five Years Imprisonment 10,000,000 or Five Years Imprisonment 10,000,000 or Five Years Imprisonment 44 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) ____________ FOURTH SCHEDULE _____________ THE UNITED REPUBLIC OF TANZANIA THE ELECTRICITY ACT (CAP. 131) NOTIFICATION OF OFFENCE (ELECTRICITY SUPPLY ACTIVITY) (made under Rule 58 of GN No.... of 2016) To............................................................................... Address.......................................................... - 1 Verify source ↗
Section 1
AI-assisted research summary: This section says a person is charged with offences, but it does not state the offence details in the text shown.
1. You are charged with the following offence (s): (a) (b) (c) (d) (e) (f) ............................................................................................................... ................................................................................................................ ................................................................................................................ ................................................................................................................ ................................................................................................................ ................................................................................................................ - 2 Verify source ↗
Section 2
AI-assisted research summary: If you admit the offence, complete Part B and send the notification with the statutory penalty within 14 days. If you do not admit it, complete Part A and send the notification with written answers within 7 days.
2. If you WISH to admit commission of the offence (s) you should complete “PART B” below and send this notification, together with the statutory penalty for each offence to which you admit, to the Authority within fourteen days from the date of service of this notification. If you DO NOT WISH to admit to have committed the offence (s) you are required to complete “PART A” below and send this notification to the Director General of the Authority together with answers, in writing, to the charges mentioned above, within seven days from the date of service of this notification. - 3 Verify source ↗
Penalty for each offence mentioned above shall be as provided for under the Electricity
AI-assisted research summary: Penalties for the offences mentioned above are to be handled under the Electricity Act, the EWURA Act, or other relevant laws, and a person who pleads guilty says they will pay the fine within 14 days.
3. Penalty for each offence mentioned above shall be as provided for under the Electricity Act, Cap. 131, the EWURA Act, Cap. 414 or any other laws relevant to the conduct of the Electricity Supply Activity. 45 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) PART “A”- NOTIFICATION OF INTENTION TO ANSWER CHARGES I ...................................................... of ............................................................ residential or business address) being the (owner/director/manager/representative) of............................. ........................................................... intend to respond to the Authority on the charge (s) Nos....................................................................set out in Paragraph 1 of this Notification. Signature: ............................................. Date: ....................................................... PART “B”- ADMISSION OF OFFENCE I ......................................................... of ......................................................... residential or business address) being the (owner/director/manager/representative) of.............................. ................................................................................................ plead guilty to the charge (s) Nos............................................................................set out Notification and in Paragraph 1 of this I undertake to pay the requisite fine of TZS............................................ within a period of fourteen days from the date hereof. Signature: ............................................... Date: .................................................... FACILITY DETAILS ISSUED BY Name of the Facilty...................... Location of Facility. .............................. Licence No. ........................ Name: ........................................... Designation: ...................................... Date: .................................................. Signature of the person issued with the notification Signature of the Inspector .............................................. ............................................................ Dar es Salaam FELIX NGAMLAGOSI 29th December, 2016 Director General 46
Part
PART III
- 28 Verify source ↗
Annual Reports
AI-assisted research summary: This provision is titled “Annual Reports” and appears under financial obligations of a licensee.
28. Annual Reports PART IV FINANCIAL OBLIGATIONS OF A LICENSEE - 23 Verify source ↗
(1) A licensee shall conduct a supply activity
AI-assisted research summary: A licensee must conduct supply activity in compliance with the Act, EWURA Act, applicable law, agreements, and Authority rules, must operate in a service area, must charge only the Authority-approved tariff, and must not stop supply except as allowed by law.
23.- (1) A licensee shall conduct a supply activity pursuant to the provisions of the Act, the EWURA Act, any applicable law and any agreement provided that the provisions of the agreement are not at variance with the 17 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) provisions of these rules, the Act, the EWURA Act or any other applicable law. (2) Without prejudice to the generality of sub-rule (1) a licensee shall, at all times, be required to: (a) conduct supply activity in a service area; (b) only charge the tariff approved by the (c) Authority; and carry out all works related to the conduct of supply activity, including engineering, construction, rehabilitation, operation and maintenance of the facilities in accordance with applicable law and Prudent Utility Practices. (3) A licensee shall, while conducting supply activity observe the rules and guidelines issued by the Authority in matters related to, inter alia: (a) tariffs; (b) tariff methodology; (c) transfer of control; and (d) payment of fees and levies. (4) A licensee shall conduct the supply activity without any discrimination and bias, pursuant to agreements, the Act, the EWURA Act and other applicable law and shall under no circumstances cease to conduct a supply activity save as provided in these rules and applicable laws. Compensation for Loss Suffered - 24 Verify source ↗
(1) A licensee shall be obliged to compensate any
AI-assisted research summary: A licensee must compensate people for loss of life or property caused by a supply activity.
24. – (1) A licensee shall be obliged to compensate any person who suffers any loss of life or property as a result of a supply activity. (2) Any person who has suffered loss to life or property as a result of a supply activity shall first lodge a complaint with a licensee with a view to reaching an amicable settlement. (3) Any person who suffers loss may, in the event no settlement is reached under sub-rule (2), refer the matter to the Authority for a decision and the Authority shall deal 18 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) with such matter as if it is a complaint lodged pursuant to the provisions of the EWURA Act. (4) For the purpose of this rule, a person includes an administrator, executor or executrix of the estate of a deceased person. Customer Service Charter - 25 Verify source ↗
(1) A licensee shall, within one year after receipt of a
AI-assisted research summary: A licensee must prepare and submit a Customer Service Charter within one year after receiving a licence.
25. – (1) A licensee shall, within one year after receipt of a licence, prepare and submit to the Authority for approval, a Customer Service Charter. (2) The Customer Service Charter to be prepared under the provisions of sub-rule (1) shall describe the services available to the customers including: (a) expediting procedures; (b) replying to inquiries; (c) compensation for loss and non-fulfillment of obligations by a licensee; (d) providing secure, reliable, high quality and proper services; and (e) timely fulfillment of orders and requests. (3) The Authority shall approve any modifications or amendments to the customer service charter described in sub-rule (1). (4) The customer service charter described in sub-rule (1) shall include licensee’s commitment to: (a) deal with customers through a system that ensure speed and accuracy in completing transactions; formal process (b) introduce a for managing customer complaints; (c) computerize all services rendered to customers and new service applicants and secure such from being accessed by un information authorized person; (d) prepare and publicize any periodic meetings with customer representatives for the purpose of: (i) (ii) exchanging information or views of the parties; clarifying the mutual duties, rights and 19 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) (iii) (iv) responsibilities; improving customer services; and conducting any other appropriate activity aimed at improving customer services. (e) establish and properly furnish service centre to, inter alia: (i) receive customer complaints and inquiries; receive orders; and receive bill payments; (f) publish names and locations of service centers. (ii) (iii) (5) A licensee shall: (a) establish a mechanism pursuant to which it will receive outage and power reduction reports or any reports related to the quality and reliability of electricity supply; (b) maintain a special register of information comprising: (i) (ii) (iii) the identity of the complainant; the type of complaint or malfunction; the location and time of the occurrence complained of; and the time required complaint or malfunction; (c) on a monthly basis, deliver a detailed statement to the Authority in respect of the frequency and duration of all malfunctions and outages. to correct such (iv) Compliance Audit - 26 Verify source ↗
(1) A licensee shall, as directed by the Authority from
AI-assisted research summary: A licensee must conduct compliance audits when directed by the Authority, use a qualified independent auditor or expert, pay audit costs through the Authority, and send audit results within the stated deadlines.
26. – (1) A licensee shall, as directed by the Authority from time to time, conduct an audit of its compliance with: these rules; (a) (b) any agreement relevant with the conduct of the supply activity; customer service charter; (c) (d) market rules; (e) (f) applicable law; and any relevant codes. (2) The compliance audit described in sub-rule (1) shall be 20 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) conducted by an independent auditor or any other expert of required expertise hired by a licensee. (3) The costs associated with the audit described in sub-rule (2) shall be paid by the Authority. (4) A licensee shall within ninety days after completion of the audit described in sub-rule (1) deliver to the Authority the results of such audit. (5) Notwithstanding the provisions of sub-rule (1) a licensee shall be required to conduct a compliance audit atleast once annually, and deliver within sixty days after completion of the audit the results of such audit. Service Performance Report Annual Report - 27 Verify source ↗
A licensee shall provide the Authority with a detailed
AI-assisted research summary: A licensee must give the Authority a detailed statement about supply services performance.
27. A licensee shall provide the Authority with a detailed statement of supply services performance, including number of customers, number of new connections and total energy and capacity sold as the Authority may require. - 28 Verify source ↗
A licensee shall submit to the Authority its annual
AI-assisted research summary: A licensee must submit its annual report to the Authority within 30 days after receiving the audited accounts.
28. A licensee shall submit to the Authority its annual report not later than thirty days after receipt of the audited accounts. PART IV GENERAL FINANCIAL OBLIGATIONS Financial Reporting
Part
PART IV
- 31 Verify source ↗
Prohibition to Cross Subsidization
AI-assisted research summary: This section is titled “Prohibition to Cross Subsidization” and appears under technical obligations of a licensee.
31. Prohibition to Cross Subsidization PART V TECHNICAL OBLIGATIONS OF A LICENSEE - 29 Verify source ↗
(1) A licensee shall within ninty days after the start of
AI-assisted research summary: A licensee must submit its approved annual budget to the Authority within 90 days after the start of the financial year, and must submit audited accounts within 30 days after receiving them.
29. – (1) A licensee shall within ninty days after the start of its financial year submit to the Authority its approved budget for such financial year, which budget shall include details on its: (a) operating revenue; and (b) capital and operating expenses. (2) A licensee shall submit to the Authority its audited accounts not later than thirty days after receipt of the same. Maintenance of Separate - 30 Verify source ↗
A licensee shall maintain a separate set of accounts for
AI-assisted research summary: A licensee must keep separate accounts for activities not related to the supply activity.
30. A licensee shall maintain a separate set of accounts for activities not related to the supply activity. 21 GN. No. 4 (contd.) Accounts Prohibition to Cross Subsidization The Electricity (Supply Services) Rules, 2017 - 31 Verify source ↗
A licensee shall ensure that there is no cross
AI-assisted research summary: A licensee must keep supply activity separate from other activities, follow the Authority’s directions on supply terms, publish terms and tariffs, and respond to supply requests and discontinuation rules.
31. A licensee shall ensure that there is no cross subsidization between its supply activity and any other activity including activities of affiliates. PART V GENERAL TECHNICAL OBLIGATIONS Terms of Supply 32. – (1) A licensee shall comply with any directions given by the Authority related to the terms upon which the licensee may provide supply services. (2) A licensee shall publish terms of supply services and appropriate tariffs in such a manner as the Authority shall prescribe. (3) Notwithstanding the generality of sub-rules (1) and (2) a licensee shall as soon as practicable, after the receipt of a request for supply services from any person in the service area: (a) offer to conclude a contract to supply services to the premises where such supply service is requested; and (b) upon concluding the contract, provide supply to such contract and services pursuant applicable law and a licence. (4) A licensee shall not be required by sub-rule (3) to provide supply services where: (a) (b) (c) the premises that require supply services isnot connected to the distribution network or the transmission network; the premises that require supply services the system have been de-energized by operator or distribution licensee; a licensee has been informed by the system operator or distribution that compliance with the requirement to supply would result in high risks to the safety of any person, land, building or other property; licensee 22 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) (d) taking all circumstances into account, it is not reasonable for a licensee to provide supply services, save, that a licensee shall: (i) (ii) refer any question as to whether the circumstances are reasonable to the Authority for determination and in any event no later than five working days after the licensee’s receipt of the request; and where the licensee already supplies electricity to the single premises where supply is requested, provide not less than three months notice of to discontinue supply or such shorter notice as has the approved Authority; or intention been by its (e) to do so would be likely to involve a licensee in a contravention or breach of: (i) (ii) (iii) (iv) (v) the applicable law; the market rules; the supply code; the distribution code; and other applicable standards. codes and (5) A licensee shall not reduce or discontinue supply services to a customer unless such customer has failed to: (a) pay the agreed tariff or charge; or (b) comply with the conditions of supply; and has failed to cure such failure within fourteen days after receiving from a licensee a written notice to do so. Supply Agreement
Part
PART V
- 35 Verify source ↗
Compliance with Codes, Standards and Rules
AI-assisted research summary: This section is titled “Compliance with Codes, Standards and Rules.”
35. Compliance with Codes, Standards and Rules - 39 Verify source ↗
Purchase of Electricity, Goods and Services
AI-assisted research summary: This section concerns the purchase of electricity, goods, and services.
39. Purchase of Electricity, Goods and Services - 41 Verify source ↗
Detection and Prevention of theft, Damage and Meter
AI-assisted research summary: This section is about detecting and preventing theft, damage, and meter interference.
41. Detection and Prevention of theft, Damage and Meter Interference - 46 Verify source ↗
Metering
AI-assisted research summary: Section 46 is titled “Metering.”
46. Metering 2 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) - 48 Verify source ↗
Meter Reading for Post Paid Customers
AI-assisted research summary: This section is about meter reading for post paid customers.
48. Meter Reading for Post Paid Customers - 52 Verify source ↗
Removal of Meters from Customers Premises
AI-assisted research summary: This section is titled “Removal of Meters from Customers Premises.”
52. Removal of Meters from Customers Premises - 55 Verify source ↗
Obligations of an Inspector during Inspection
AI-assisted research summary: This section concerns an inspector’s obligations during an inspection.
55. Obligations of an Inspector during Inspection - 58 Verify source ↗
Notification of Offences
AI-assisted research summary: Section 58 is titled “Notification of Offences.”
58. Notification of Offences PART VI GENERAL PROVISIONS - 33 Verify source ↗
(1) A licensee shall pursuant to the market rules and
AI-assisted research summary: A licensee must make a supply agreement with each customer within one year of receiving the licence, and the agreement must include specified minimum information.
33. – (1) A licensee shall pursuant to the market rules and any rules issued by the Authority and not later than one year after receipt of a licence, conclude a supply agreement with each customer. (2) A licensee shall ensure that its supply agreement contains at a minimum, the following information: 23 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) (a) (b) (c) (d) (e) (f) its identity and the address; the scope of the services to be provided; the level of quality and the time of initial connection; the type of maintenance and customer service support offered; the means by which customers may obtain information concerning tariffs; conditions for the renewal or termination of the contract; and (g) any compensation or refund arrangements in the event that contracted quality service levels are not met. An Agreement with Market Operator - 34 Verify source ↗
(1) A licensee shall, subsequent to the market opening
AI-assisted research summary: A licensee must enter certain agreements, and before doing so must notify the Authority and submit draft agreements for approval.
34. – (1) A licensee shall, subsequent to the market opening and as appropriate, conclude an agreement with the market operator. (2) A licensee shall conclude an electricity power purchase agreement with a generation licensee, a distribution licensee or another licensee in order to meet customer requirements. (3) A licensee may, subject to applicable law, conclude the agreements described in sub-rule (2) in order to engage in cross-border electricity trade. (4) A licensee shall as appropriate conclude: (a) an agreement with the relevant system operator governing the system operator’s fee; (b) a use-of system agreement with a transmission licensee; and (c) a use-of system agreement with one or more distribution licensees. (5) A licensee shall, prior to entering into any agreement described under this Part, notify the Authority and provide a draft of the said agreements to the Authority for its approval. - 35 Verify source ↗
(1) A licensee shall provide supply services in
AI-assisted research summary: A licensee must provide supply services in line with applicable law, relevant codes, and the performance standards set by the Authority.
35. – (1) A licensee shall provide supply services in compliance with: (a) applicable law; 24 Compliance with Codes, Standards and Rules The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) (b) the market rules; (c) the supply code; (d) the distribution code; and (e) any other relevant codes. (2) A licensee shall comply with the performance standards established by the Authority. Performance Standards - 36 Verify source ↗
(1) A licensee shall, not later than six months after
AI-assisted research summary: A licensee must submit performance criteria to the Authority within six months after getting a licence, keep supplying services to meet applicable standards, review the approved criteria periodically, and report annually.
36. – (1) A licensee shall, not later than six months after receipt of a licence, submit to the Authority for approval a report comprising the criteria against which the provision of supply services can be measured. (2) Notwithstanding the provisions of sub-rule (1), the Authority may, in consultation with the licensee, make amendments to the criteria against which the pronsion of supply services can be measured and in the event it does so, it shall notify a licensee of such amendments. (3) A licensee shall provide the supply services in a manner calculated to achieve applicable performance standards and targets. (4) A licensee shall periodically review the approved performance criteria, and upon the conclusion of such review, deliver to the Authority: (a) a report comprising the findings of such review; and (b) any proposed revisions arising from such findings for approval. (5) A licensee shall report annually to the Authority on the provision of its supply services taking into account the performance standards referred to in sub-rule (1). Separation of Services - 37 Verify source ↗
(1) A licensee shall secure the complete and effective
AI-assisted research summary: A licensee must keep supply services separate and operationally and managerially independent from affiliates or other services, and its arrangements must be approved by the Authority.
37. – (1) A licensee shall secure the complete and effective separation of supply services, including full operational and managerial independence, from any affiliate or related undertaking of the licensee, or any other services of the licensee. (2) A licensee’s arrangements to accomplish the 25 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) obligation described in sub-rule (1) shall be subject to the approval of the Authority. Load Profiling - 38 Verify source ↗
A licensee shall deliver to the Authority
AI-assisted research summary: A licensee must provide load and consumption information to the Authority and must buy electricity and other required goods and services under specified terms.
38. A licensee shall deliver to the Authority: (a) the load profiling for each tariff customer category; (b) the actual consumption profiling achieved by the load analysis for each tariff customer category where the power is measured; and (c) the number of customers and a summary of energy needs within each tariff category. Purchase of Electricity, Goods and Services 3–. - (1) A licensee shall purchase electricity from a generation licensee or a distribution licensee on such terms and conditions as shall be specified in the power purchase agreement. (2) A licensee shall purchase required goods and services on the basis of industry best practices including price, performance, reliability, quality, and delivery. (3) The provisions of sub-rule (2) shall not apply to the purchase of any good or service where the terms and conditions of such purchase are required by the licence, an industry code or rule, or any other arrangement required or approved by the Authority. Safety and Security of Supply - 40 Verify source ↗
A licensee shall provide its customers with contact
AI-assisted research summary: A licensee must give customers contact information they can use to report supply-service issues.
40. A licensee shall provide its customers with contact information that they can use to notify the licensee of any matter or incident related to the availability of the supply services that: (a) causes danger or requires urgent attention; or (b) affects or is likely to affect the security of supply, availability or quality of the supply services. Detection and Prevention of Theft, Damage and Meter Interference - 41 Verify source ↗
(1) A licensee shall take all reasonable steps to detect
AI-assisted research summary: A licensee must take reasonable steps to detect and prevent electricity theft, damage, interference, and unrecorded consumption, notify owners about certain incidents, share incident information when criminal conduct is suspected, explain its incident policy, and publish and provide tariff information.
41. – (1) A licensee shall take all reasonable steps to detect and prevent: (a) theft of electricity in the service area; 26 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) (b) damage to or fault in any electric plant, electricity meter or any equipment for provision of supply services in the service area; (c) interference with any electricity meter in the service area; and (d) any unrecorded consumption of electricity. (2) A licensee shall inform the owner of a relevant electric plant, electric line or meter of any incident if the licensee has reason to believe that: (a) there has been damage to or a fault in any electric plant, electric line or meter; (b) there has been interference with any meter to alter its register or prevent it from duly registering the quantity of services supplied; or (c) the consumption of electricity at owner’s premises has not been recorded. (3) Where a licensee has reason to believe that any incident reported to the owner pursuant to sub-rule (2) has been caused by the criminal act of any person it shall, on complying with the requirement of that paragraph, provide the owner with such information as is reasonably required for the purposes of investigating the incident and resolving any safety concerns arising out of it. (4) A licensee shall inform the owner of its policy in respect of incidents described in sub-rule (3) and of the circumstances in which the licensee requires such owner to remedy the incidents by the use of: (a) substitution of alternative meters; (b) provision of prepayment meters; and (c) discontinuation of supply to the premises at which the incident occurred. Tariff Disclosure 42. – (1) A licensee shall, immediately after approval by the Authority of their tariff application, publish tariffs in respect of its supply services: (a) in not less than two newspapers of wide circulation one in Kiswahili and one in English; 27 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) (b) by posting such information on its web site; (c) by making such information available at its bill payment centers; (d) in any other means of communication which may be accessed by the relevant local community. (2) Where the supply services are deregulated the licensee shall publish tariffs in accordance with sub-rule (1) at the time and frequency as shall be designated by the Authority. (3) A licensee shall provide to any person who requests, accurate tariff information, including any rules related to tariffs established by the Authority to any person who requests it. Efficient Energy Use Service Interruption Notice of Service Interruptions licensee - 43
AI-assisted research summary: The administration must promote efficient electricity use and conservation.
43. A administration under consumption and economic rational use and conservation of electricity. efficient to stimulate promote energy shall - 44 Verify source ↗
A licensee shall notify the Authority in writing and
AI-assisted research summary: A licensee must notify the Authority in writing and publish a notice when a service interruption, rehabilitation, or preventive maintenance affects supply services for more than 24 hours.
44. A licensee shall notify the Authority in writing and issue a public notice thereof in the event of a service interruption rehabilitation or preventive maintenance that affects supply services for more than twenty four hours. for emergency repair, - 45 Verify source ↗
(1) A licensee shall, when intending to carry out
AI-assisted research summary: A licensee must give public notice at least two days before maintenance, replacement, restoration, or other construction that may interrupt or reduce transmission services.
45. – (1) A licensee shall, when intending to carry out preventive maintenance, replacement, restoration or any other construction that may lead to an interruption or reduction of transmission services, issue a public notice thereof, not less than two days prior to undertaking such activity. (2) The notice described in sub-rule (1) shall include date and hour of service interruption, the date and hour of intended restoration. Metering - 46 Verify source ↗
(1) A licensee shall install, maintain, and verify the
AI-assisted research summary: A licensee must install, maintain, and verify the accuracy of meter installations at all points of off-take from a distribution or transmission network.
46. – (1) A licensee shall install, maintain, and verify the accuracy of meter installations at all points of off-take from a distribution or transmission network. (2) A licensee shall in respect of each meter installation described in sub-rule (1), comply with the applicable law and market rules. 28 GN. No. 4 (contd.) Calibration of Meters The Electricity (Supply Services) Rules, 2017 - 47 Verify source ↗
A licensee shall ensure that a meter used to ascertain
AI-assisted research summary: A licensee must keep customer energy meters calibrated and sealed by the Certification Authority, read post-paid meters on the stated schedule, and estimate consumed energy when a meter stops or malfunctions.
47. A licensee shall ensure that a meter used to ascertain the value of supply of electrical energy consumed by a customer is calibrated and sealed by the Certification Authority. Meter Reading for Post Paid Customers 4–. - (1) A licensee shall read post paid meters in order to verify amount of electrical energy consumed at least: (a) once in every six months for large customers; and (b) once in every three months for other customers. licensee shall estimate (2) A the electrical energy consumed during the period when a meter is stopped or is malfunctioning pursuant to market rules. Meter Inspection and Testing - 49 Verify source ↗
(1) A licensee shall inspect and test a meter of any
AI-assisted research summary: A licensee must inspect and test customer meters on a set schedule and complete the prescribed audit form and related recordkeeping steps.
49. - (1) A licensee shall inspect and test a meter of any customer in order to verify amount of electrical energy consumed at least once in every: (a) twelve months for large customers; and (b) twenty-four months for other customers. (2) A licensee shall, while inspecting a meter, use the meter audit form prescribed in the Second Schedule either in hard copy or electronic format. (3) Meter inspection exercise shall be witnessed by a customer or, in his absence, any adult relative or friend, local government leaders of the respective area or police officers. (4) No seal affixed to a meter to be inspected shall be broken or removed unless witnessed by the category of people mentioned under sub-rule (3). (5) A licensee shall, during the inspection exercise, take the readings of a meter, details of the outer and inside the meter and take as many photos as necessary during the whole exercise. (6) At the conclusion of the inspection exercise, a licensee 29 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) shall fill, in the meter audit and inspection form prescribed in the second schedule, all the observations and findings made, and shall thereafter sign it and allow a customer or its representative to counter sign it. (7) In the event a customer or its representative refuses to counter sign a meter audit report as required by sub-rule (6), a licensee shall note that fact in the part of remarks in the meter audit and inspection form. (8) A licensee shall establish one or more stations suitably equipped with standard instruments for testing meters and shall maintain the standard instruments in proper working order and from time to time to test or cause to be tested the accuracy of the working standards by some recognized absolute method. (9) A licensee may prepare manual or internal rules of procedure that may be used by its officials in regulating the manner in which inspection and testing of a meter shall be conducted, provided however, the said manual or rules of procedure shall be in line with the requirements of the Act and these rules. - 50 Verify source ↗
(1) If any dispute arises between any customer and a
AI-assisted research summary: Disputes about meter accuracy or whether supply was correctly registered are to be decided by a meter inspector, and the meter reading is conclusive unless there is fraud.
50. – (1) If any dispute arises between any customer and a licensee as to whether any meter or other apparatus, by which the value of supply is ascertained, whether belonging to the consumer or to the licensee, is or not in proper order for correctly registering that value or as to whether that value has been correctly registered by any meter or other apparatus, that dispute shall be determined upon the application of either party by a meter inspector whose decision shall be final and binding to all parties and the reading of the meter shall be conclusive as to the value of the supply, in the absence of fraud. Meter Accuracy Verification (2) A licensee and a customer or their duly appointed representatives shall have the verification of meter accuracy in sub-rule (1). to witness the right (3) Any party who is aggrieved with the provision of sub- rule (1) on reasons of fraud may appeal to the Authority 30 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) within twenty-one days after receipt of the results. Preparation of Supplementary Bills (1) A licensee shall be allowed to prepare - 51 Verify source ↗
Section 51
AI-assisted research summary: A licensee may prepare a supplementary bill only where the meter records show billing errors or a meter malfunction, or a meter inspector reports a malfunction.
51. - supplementary bills where: (a) the results in rule 50 have widicates that there were some errors in preparation of bills or the meter has malfunctioned and a customer has agreed in writing on such errors or malfunctioning; or (b) a report from meter inspector indicates that the meter has malfunctioned. (2) Notwithstanding the provisions of sub-rule (1) a supplementary bill to be prepared by a licensee pursuant to sub-rule (1) shall not exceed a period of: (a) twelve months counted from the date of last inspection, for large customers; and (b) twenty-four months counted from the date of last inspection, for other customers. (3) For pre-paid meters, the last inspection date shall be deemed to be the last correct estimated readings. Removal of Meters from the Customer’s Premises - 52 Verify source ↗
(1) No meter or apparatus used to ascertain the value
AI-assisted research summary: A licensee may not remove a customer’s meter or apparatus for testing unless the customer or a representative is present, and the meter must be checked, photographed, and signed for before removal.
52. – (1) No meter or apparatus used to ascertain the value of electric energy consumed shall be removed from the customer’s premises for testing and verification of accuracy pursuant to rule 50 unless the customer or its representative is present. (2) Before any meter or apparatus used to ascertain the value of electric energy consumed is removed a licensee shall read the final readings of such meter or apparatus, record details of the outer structure of the meter or apparatus, photograph it and thereafter sign a sheet of paper containing the above details and the customer shall counter sign it. (3) A meter or an apparatus used to ascertain the value of electric energy consumed may be removed from the premises of a customer in the absence of the customer where: 31 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) (a) the customer has waived in writing its rights to witness the removal; or (b) the attendance of the customer or its representative cannot be procured. (4) Notwithstanding the provision of sub-rule (3) the licensee shall not remove a meter or apparatus in the absence of the customer or its representative unless such removal is witnessed by an official from the local government authority. - 53 Verify source ↗
Any person who is aggrieved by a supplementary bill
AI-assisted research summary: A person aggrieved by a supplementary bill may refer the matter to the Authority for a decision.
53. Any person who is aggrieved by a supplementary bill prepared pursuant to rule 51 may refer the matter to the Authority for a decision and the Authority shall deal with such matter as a complaint received under the provisions of the EWURA Act. Appeal Appointment and Duties of Inspectors - 54 Verify source ↗
(1) The Authority may, from time to time, appoint
AI-assisted research summary: The Authority may appoint inspectors. Inspectors must meet stated qualifications, carry out inspection duties, and follow conduct rules while inspecting.
54. – (1) The Authority may, from time to time, appoint one or more fit and proper persons to be inspectors for the purpose of the Act and these rules. (2) No person shall be appointed as an inspector unless: (a) he possesses a minimum of a diploma in electrical, electromechanical or chemical engineering from a recognized institution and qualifies for the award of electrical installation licence class C or above; (b) he has a proven experience in electrical installation and inspection for a period of not less than five years; and (c) he is of unquestionable integrity and reputation. (3) The inspectors shall, in discharging their duties under these rules, be paid by the Authority such sum as shall be determined by it from time to time. (4) It shall be a duty of an inspector to: (a) supervise the construction works and the reception of electric lines and plant, to inspect and test the electric lines and plant after construction with a view to ensuring that the works are in accordance 32 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) with the terms of the Act and other relevant laws; (b) conduct an inquiry into the cause of any accident affecting the safety of the public, if directed by the Authority; (c) test the variation of voltage on the consumer’s terminals if and when required by any consumer or to make such other inspection and testing of the service lines, apparatus and works of any licensee upon the consumer’s premises as may be necessary to ascertain whether the licensee has complied with the provisions of the Act, these rules and other relevant laws; and (d) any other duty as may be required of an inspector under the provisions of the Act, EWURA Act, these rules or any other relevant laws. (5) An inspector shall have the right of access at all reasonable hours to any of the premises of a licensee and may require the said licensee to furnish such information and the to produce such document or records for information of the said inspector, as shall enable the inspector to determine whether the provisions of the Act, EWURA Act or rules made thereunder are being complied with. (6) An inspector may at all reasonable times and upon giving sufficient notice to the occupier of his intention, enter any premises to which electricity is supplied for the purpose of inspecting and testing the electric supply lines, service lines, meters, fittings, works and apparatus for the supply and use of electricity installed in the premises and of ascertaining if the provisions of the Act, EWURA Act or rules made thereunder are complied with. (7) During inspection, an inspector may: (a) make copies or take extracts from any such book, accounts or records kept by the licensee under the applicable law; and inspect machinery, equipment, appliances, meters, fittings and apparatus. (b) (8) An inspector shall, subject to instructions given, and 33 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) upon conclusion of an inspection prepare and submit a report to the Authority and the Authority shall take the appropriate action to the findings and recommendations of the said report. of Inspector Obligations an during inspection 5–. - (1) An inspector shall, while conducting inspection: (a) identify himself to the licensee or customer with identity card issued by the Authority; (b) explain to the licensee or customer the purpose of the inspection; (c) conduct themselves with fairness, objectivity and integrity; (d) not engage in any form of discrimination, bias or harassment; (e) refrain from taking part in duty where they have or may appear to have conflict of interest; (f) carry out inspection in a professional manner in accordance with the requirements of these rules, codes, guidelines, inspection checklist, standards, applicable laws and prudent utility practices; and (g) not use force or abusive, threatening and insulting language to a licensee. (2) Any inspector who contravenes the provision of sub- rule (1) of this rule shall be dealt with in accordance with the Authority’s procedures. (3) Any person aggrieved by an act of an inspector during inspection may, within fourteen days from the date of the act, report the matter in writing to the Authority. Prohibited Acts to Inspectors - 56 Verify source ↗
(1) A licensee shall not
AI-assisted research summary: A licensee must not obstruct or insult an inspector, disobey an inspector’s lawful order or notice, or refuse to answer an inspector’s question when required.
56. (1) A licensee shall not: (a) hinder or obstruct an inspector in the exercise of any of the powers conferred upon him by these rules, the Act and applicable law; (b) use abusive, threatening or insulting (c) language to an inspector; refuse or fail to comply with any lawful order, direction or notice of an inspector; and 34 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) (d) when required by an inspector to answer a question, refuse or fail to answer such question licensee’s knowledge, information and belief. the best of the to Offence Notification of Offences (2) At the conclusion of an inspection and where it is found that there was violation of the provisions of the Act, EWURA Act and these rules, the person responsible for such violation, shall be issued with the Notification of Offence provided in the Fourth Schedule: - 57 Verify source ↗
Any person who contravenes the provisions of rule 56
AI-assisted research summary: A person who contravenes rule 56 commits an offence and can be fined or imprisoned. If a violation is found after inspection, the responsible person must complete the Notification of Offence; an inspector may also order closure if continued operation poses imminent danger.
57. Any person who contravenes the provisions of rule 56 commits an offence and shall, on conviction, be liable to a fine of not less than three million shillings or imprisonment for a term not less than one year. 5–. - (1) At the conclusion of an inspection and where it is found that there was violation of the provisions of the Act, EWURA Act and these rules, the person responsible for such violation, shall be issued with the Notification of Offence provided in the Fourth Schedule: (2) the person responsible for such violation, shall fill the Notification of Offence as follows: (a) where he disputes the offence, fill in Part A of the Notification of the Offence; or (b) where he admits the offence, fill in Part B of the Notification of the Offence; (3) In the event the person who has been found in violation of the law and who has admitted to the offence under the provision of sub-rule 1 (a), such person shall, within fourteen days, from the day of the said admission, be required to pay the fine as he shall be advised by an inspector. (4) In the event the person who has been found in violation of the law and who disputed the offence under the provision of sub-rule 1 (b), such person shall, within seven days from the date of commission of the offence, be 35 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) required to answer charges in writing, as they shall be explained under Part A of the Notification of Offence. (5) Upon the conclusion of the inspection and where the inspector is satisfied that the continued operation of the facility poses an imminent danger to the lives of people and animals or destruction of property or the environment, he may proceed ordering for the closure, as the case may be, of the said facility, regardless of whether the said person has admitted to the offence or not. (6) Notwithstanding the provisions of sub-rule (4), an inspector who has decided to close the facility, shall note down the reasons which has compelled him to take such decision including all the available evidences. (7) Any person who refuses to sign in the Notification of Offence upon being required by an inspector commits an offence and shall, on conviction, be liable to a fine not less than three million shillings or imprisonment for a term not less than two years or to both. PART VI GENERAL PROVISIONS Penalties and Remedial Measures
Part
PART VI
- 63 Verify source ↗
Revocation of the Electricity (Supply Services) Rules, 2016
AI-assisted research summary: This section indicates that the Electricity (Supply Services) Rules, 2016 are revoked.
63. Revocation of the Electricity (Supply Services) Rules, 2016 _____ SCHEDULES _____ 3 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) THE ELECTRICITY ACT (CAP 131) THE ELECTRICITY (SUPPLY SERVICES) RULES, 2017 Citation Application Interpretation Cap. 131 Cap. 414 Cap. 340 (Made under section 45) PART I PRELIMINARY PROVISIONS - 59 Verify source ↗
(1) The Authority may, without prejudice to the
AI-assisted research summary: The Authority may take enforcement action against a licensee that is in violation, and a person who breaches a rule without a specific penalty can be fined ten million shillings.
59. – (1) The Authority may, without prejudice to the penalties prescribed in these Rules and applicable law where it determines that a licensee is in violation of the Act, the EWURA Act, these Rules applicable law or licence conditions: (a) issue a warning; (b) issue a Compliance Order; (c) restrict the conduct of a supply activity; (d) order a licensee to remedy any situation as a result of such violation; (e) issue a partial suspension of a licence for such period the Authority may determine; (f) suspend a licence for such period the Authority may determine; or (g) revoke a licence. (2) Notwithstanding the generality of sub-rule (1), any 36 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) person shall be liable to pay the fines for specific violations as prescribed under the Third Schedule. 6–. - (1) Any person who contravenes any provisions of these rules for which no specific penalty is prescribed shall be liable to a fine of ten million shillings. (2) A licensee who employs an agent, clerk, servant or other person, shall be answerable and liable for any acts or omissions of such persons in so far as the actions or omissions concern the supply activity. Penalty for Continued Contravention - 61 Verify source ↗
Any person who is in continuous contravention of
AI-assisted research summary: Any person who continuously contravenes these Rules is liable to a fine of five million shillings for each day the contravention continues or happens again.
61. Any person who is in continuous contravention of these Rules shall be liable to a fine of five million shillings for each day on which the contravention continues or recurs. Authority to Supplement Procedures - 62 Verify source ↗
Where procedures are not provided for in these Rules,
AI-assisted research summary: If these Rules do not provide a procedure, the Authority may take any necessary and permitted steps to adjudicate the matter effectively and completely.
62. Where procedures are not provided for in these Rules, the Authority may do whatever is necessary and permitted by the Act, the EWURA Act and applicable law to enable it to effectively and completely adjudicate on the matter before it. Revocation of GN. No. 175/2016 - 63 Verify source ↗
The Electricity (Supply Services) Rules, 2016 are
AI-assisted research summary: The 2016 Electricity (Supply Services) Rules are revoked.
63. The Electricity (Supply Services) Rules, 2016 are hereby revoked. 37 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) ________ FIRST SCHEDULE __________ (Made under Rule 3) __________ List of Serious Offences - 1 Verify source ↗
All offences listed under section 12 of the Anti-Money Laundering Act, Cap. 256
AI-assisted research summary: This provision refers to the offences listed in section 12 of the Anti-Money Laundering Act, Cap. 256.
1. All offences listed under section 12 of the Anti-Money Laundering Act, Cap. 256; - 2 Verify source ↗
All offences related to tax evasion which attracts a fine of ten million shillings or
AI-assisted research summary: Offences related to tax evasion are covered if they attract a fine of ten million shillings or more, or imprisonment of six months or more.
2. All offences related to tax evasion which attracts a fine of ten million shillings or more or an imprisonment term of six months or more; and - 3 Verify source ↗
Any other offences as shall be determined by Order of the Authority
AI-assisted research summary: The Authority may determine additional offences by Order.
3. Any other offences as shall be determined by Order of the Authority. 38 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) ________ SECOND SCHEDULE _________ METER AUDIT AND INSPECTION FORM (Made under Rule 49) PART I METER AUDIT DATE: ................................................................................................................................ REGION: ............................................................................................................................... A: CUSTOMER'S DATA Customer Name: .................................................................................................................... Street: ................................................................................................................ GPS COORDINATES: S........................................................... E................................. Account No.: ................................................................................................................ Meter No.: .................................. 1 Phase ..................................3 Phase ............ Meter Reading: ........................................................................................................... Total Units To-date: ................................................................................................................ Tokens Downloaded
Part
PART I
- 1 Verify source ↗
These Rules may be cited as the Electricity
AI-assisted research summary: These Rules may be cited as the Electricity (Supply Services) Rules, 2017.
1. These Rules may be cited as the Electricity (Supply Services) Rules, 2017. - 2 Verify source ↗
These Rules shall govern the regulatory and
AI-assisted research summary: These Rules govern regulatory and licensing matters for electricity supply services in Tanzania.
2. These Rules shall govern the regulatory and licensing matters related to electricity supply services in Tanzania. - 3 Verify source ↗
In these Rules, unless the context otherwise
AI-assisted research summary: This section defines key terms used in the Rules, including “Authority,” “licensee,” “customer,” “large customer,” and “tariff.”
3. In these Rules, unless the context otherwise requires: “Act” means the Electricity Act; “affiliate” means any legal entity holding shares in the licensee or any other legal entity in which the licensee is a shareholder; law, treaty, law” means any principal “applicable proclamation, regulation, rule, order or by-law that is customarily treated in Tanzania as having legally binding force and which is relevant to matters pertaining to regulation of the electricity supply services; “Authority” means the Energy and Water Utilities Regulatory Authority established under the provisions of the EWURA Act; “Certification Authority” means the Weights and Measures Agency established under the Weights and Measures Act; “customer” means a person that receives or purchases supply activity from a licensee; “customer service charter” means a document prepared by the licensee and approved by the Authority setting minimum service standards including the procedure of receiving and settling complaints from the public, customers, metering and connections handling; “distribution code” means the technical and procedural rules and standards prepared by the licensee and approved 4 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) by the Authority governing matters pertaining to the distribution services; “electricity supply” means the sale, resale, lease, lease- purchase or loan of electricity to customers, exclusive of any such transaction with either itself or a subsidiary; “generation facility” means premises, electric energy producing equipment including its auxiliary equipment, transformers, fuel handling equipment, switch-yard and interconnection facilities that is necessary for performing the generation activity as shall be specified in a licence; “generation activity” means electricity generation services; “generation licensee” means an entity licensed by the Authority to provide electricity generation services; “import licence” means a licence issued by the Authority to an entity to conduct electricity import services; “inspector” means an officer of the Authority or agent appointed by the Authority pursuant to rule 54 to act as an inspector; “large customer” means a customer that consumes not less than 7,500kWh per month and receives electricity supply at voltages higher than 1 kV; “licence” means a licence issued by the Authority to conduct supply activity; “licensee” means the holder of a licence and shall include any entity that is exempted pursuant to rule 14; “local (cid:31)overnment authority” means a district authority, urban authority, ward authority or village authority; “market operator” means the holder of a licence from the Authority responsible to administer wholesale trade in electricity; “market rules” means the technical and procedural rules of that name approved and issued by the Authority governing matters pertaining to the administration of wholesale trade in electricity; licensee, a generation “market participant” means a licensee, a distribution licensee, transmission licensee or a large customer; “meter inspector” means an independent entity appointed by the Authority in writing to verify on meter accuracy as required under rule 50; “metering equipment” means meters, 5 time-switches, The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) out carrying transformers, metering protection and measurement isolation equipment, circuitry and their associated data storage and data communications equipment and wiring which are part of the active energy and reactive energy measuring equipment at or relating to a site; “participation agreement” means an agreement between the Market Operator and each market participant, concluded pursuant to the market rules; “provisional electricity supply licence” means a licence issued by the Authority to conduct preparatory activities like financial assessment, arrangements and other activities necessary for application of a licence; “Prudent Utility Practices” means those good and prudent practices, methods, and procedures which are attained by exercising that degree of skill, diligence, prudence, and foresight which would reasonably and ordinarily be expected from a skilled and experienced international distributor of electricity engaged in the same or a similar type of undertaking or activity in Tanzania and under the same or similar circumstances and conditions to those pertaining in Tanzania and satisfying the health, safety and environmental standards of reputable international electric supplying companies; studies, “serious offence” means any of the offences listed in the First Schedule; “service area” means an area specified in a licence in which a licensee is authorized by the Authority to conduct supply activity either exclusively or together with others for a specified period of time; “supply activity” means an activity that is ordinary and necessary to the provision of electricity supply services; and supply services shall be construed accordingly; “Supply Agreement” means an agreement entered between a licensee for the sale of electricity to customers, exclusive of any such transaction with either itself or a subsidiary; “supply code” means the technical, procedural rules and standards of that name issued by the Authority governing 6 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) issues pertaining to supply services; “System Operator” means a person licensed by the Authority to provide system operation services; “tariff” means a charge, fee, price or rate charged for the provision of supply services as shall be approved by the Authority; “tariff methodology” means a methodology approved by the Authority that a licensee uses to determine a tariff; “transmission licensee” means the holder of a license issued by the Authority and responsible to transmit electrical energy at 50 Hz by means of high voltage lines at voltage levels of 66 kV and above; “transmission network” means a group of facilities and equipment belonging to a transmission licensee designed to transmit electric energy at 50 Hz by means of high voltage lines, at voltage levels of 66 kV and above that includes overhead lines, ground cables, sub-marine cable, dispatchers, communication networks, transformers, control stations and metering equipment; Cap 285 “Tribunal” means the Fair Competition Tribunal established under the provisions of the Fair Competition Act; and “use-of-system agreement” means an agreement between a licensee on one hand and a distribution licensee or the transmission licensee on the other hand governing the commercial terms related to distribution network tariffs and transmission network tariffs. PART II LICENSING PROCEDURES Obligation to Apply for a Licence - 5 Verify source ↗
Section 5
AI-assisted research summary: This section is an inspection form for checking meter appearance, installation layout, and wiring correction requirements.
5. ............................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ B: PHISICAL OBSERVATION OF METER (Tick the Applicable) Physical Appearance of Meter Seals Physical Appearance of Terminal Seals Physical Appearance of Meter Cover Tampered Tampered Damaged 39 Okay Okay Okay The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) C: INSTALATION LAYOUT Location ................... Fused ............. of Removable Mater Bypass Outside Before Meter Yes Inside After Meter No D: REQUIREMENTS FOR WIRING CORRECTION Meter Replacement By a CT-Operated Meter Replacement By a Whole - Current Meter Cable Replacement Needed Size of Cable Needed Length of Cable Needed Yes Yes Yes .......................mm2 .......................meters No No No Remarks: Auditors - 3 Verify source ↗
Section 3
AI-assisted research summary: This provision is an inspection form for recording customer, meter, and installation details, including physical observations and any wiring corrections needed.
3. ...................................................................................................................... ...................................................................................................................... Customer Representative: .................................................................................. PART II INSPECTION FORM Date: ................................................................................................................................ REGION: ................................................................................................................................ DISTRICT: ............................................................................................................................... A: CUSTOMER'S DATA Customer's Name: ........................................................................................................................ Street: ................................................................................................................ Telephone/Mobile No. ............................................................................................................ B: GPS COORDINATES Account No.: ................................................................................................................ Meter No.: ...........................1 phase ...................................3 Phase........................ Meter Reading: ........................................................................................................................ 40 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) Total Unit To-date: ....................................................................................................................... C: PHYSICAL OBSERVATION OF METER (Tick the Applicable) Physical Appearance of Meter Seals Physical Appearance of Terminal Seal Physical Appearance of Meter Cover Tampered Tampered Damaged Okay Okay Okay 41 The Electricity (Supply Services) Rules, 2017 GN. No. 4 (contd.) INSTALLATION LAYOUT Meter Location Position of Cut-Outs (Fuses) Outside Before Meter Yes Possibility of Removable Meter Bypass Inside After Meter No D: REQUIREMENTS FOR WIRING CORRECTION Meter Replacement by CT-Operated Meter Replacement Needed Size of Cable Needed Length of Cable Needed Remarks Yes Yes Yes No No No E: INSPECTORS
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