Energy Regulation (General) Regulations, 2021

1. General Conditions: (a) (b) (c) (d) (e) The licensee shall not show undue preference to, or exercise undue discrimination against any particular person of any class or description as regards any aspect of the provision of energy products or any service under the Licence. Should any of the Conditions cease to be effective, that condition shall be deleted and the remaining conditions shall continue in full force and effect. The licensee shall commence the licensed activity within six months from the effective date of the licence, failure to which, the licensee shall give notice in writing to the Energy Regulation Board requesting for an extension of the period within which to commence the licensed activity. The extension shall be for period not exceeding six months. Failure by the Licensee to give notice within the first six months shall result in the revocation of the Licence. If the licensee gives notice in writing to the Energy Regulation Board requesting for an extension of the period within which to commence the licensed activity but fails to commence within the extended period, the licensee shall be considered to have ceased to fulfill the eligibility requirements for grant of the Licence and the Licence shall be revoked in accordance with section 19 of the Act. A breach of any of the conditions of this Licence will give rise to the imposition of penalties or fines in accordance with the Act, these Regulations and other guidelines issued by the Energy Regulation Board.

2. Operational Conditions of the licensed activity: (a) (b) (c) The licensee shall only operate the licensed premises, equipment, installations and facilities as set forth in the Licence. The licensee shall not vary the licensed capacity of the licensed premises, equipment, installations and facilities without prior written authority of the Energy Regulation Board. The licensee shall, where an accident or incident occurs in the implementation of the licensed activity or to the premises, equipment, installations and energy facilities- (i) (ii) (iii) notify the Energy Regulation Board immediately or within twenty- four hours; submit a written preliminary report to the Energy Regulation Board within forty-eight hours; and submit a written comprehensive incident report to the Energy Regulation Board within seven calendar days. (d) The licensee shall not engage in any activities that compromise the proper implementation of the licensed activity or that may impede any licensed activity of other licensees. 12th May, 2021 Statutory Instruments 237 (e) (f) (g) The licensee shall ensure management of the licensed activity in a manner consistent with the principles of ensuring economic and technical expedience and the objective of achieving reasonable costs and highest quality of service for clients. The licensee shall not engage in any form of anti-competitive trade practices. The licensee shall comply with applicable Regulations and guidelines made pursuant to the Act and Zambian National Standards pertaining to the Quality Control and Monitoring of energy products and services in carrying out the licensed activity.

3. Provision and use of Information: (a) (b) (c) The licensee or any other person authorised by the licensee shall provide to the Energy Regulation Board information or reports concerning the licensed activity that the Energy Regulation Board may reasonably require for purposes of exercising or performing its functions. Any confidential information received from the licensee shall not be disclosed to any third party except as required by any written law. The licensee shall ensure that any information the licensee receives from the Energy Regulation Board as a direct result of conducting the licensed activity is not divulged to any person, except those carrying out the licensed activity who are authorised to receive the information, and ensure that the information is not used by the licensee for conducting any other activities other than the licensed activity, except: (i) (ii) (iii) (iv) with the prior written consent of the Energy Regulation Board; if the information is already in the public domain; if the licensee is required or permitted to disclose the information to comply with the Licence, an Energy Regulation Board directive, any applicable law; or if the information is required to be disclosed in the course of performing the licensed activity.

4. Price of Energy Products (a) (b) (c) (d) The prices or other charges imposed or demanded by the licensee in respect of any product or commodity or any service to be provided in the course of the licensed activity shall be just and reasonable. The Energy Regulation Board may require the licensee to re-adjust the prevailing price, or charges imposed in respect of energy products or service provided in the course of the licensed activity if it is found that the licensee’s prices and charges imposed in respect of energy products or service are not just and reasonable. The licensee shall comply with any tariffs, fees or charges in respect of energy, fuel or service provided in the course of the licensed activity that may be set by the Energy Regulation Board from time to time. The licensee shall keep open for inspection by the Energy Regulation Board or its authorised agents, schedules showing the prices and charges which are in force at any time for energy product or services to be provided by it. 238 Statutory Instruments 12th May, 2021

5. Compliance and Enforcement: The licensee shall be required to establish a documented management system and designate a competent person to coordinate the system to ensure compliance with the conditions of the Licence. LUSAKA 12th May, 2021 [MOE/DOE.64/1/1] M. NKHUWA, Minister of of Energy