THE Nigerian Electricity Regulatory Commission(NERC) has in an Order no.NERC/GL/269 disclosed that about 12 electricity accidents were recorded within the Abuja Electricity Distribution Company (AEDC) network between 2018 and 2019.
It said these incidents occurred due to the DisCos’ violation of the Electric Power Sector Reform Act, and as a result, directed the AEDC to pay a total of N300million as a sanction.
The Order uploaded on the commission’s website on Tuesday and jointly signed by its Chairman, James Momoh and Commissioner Legal, Licencing and Compliance, Dafe Akpeneye stated that negligence in complying with the terms and conditions of its licence, distribution Code and HSC had among other accidents,led to the death of a 4-year old boy,Mohammed Arafat Jibril, in Niger State.
According to the Commission, a random investigation conducted on the DisCo’s facilities in Abuja had also revealed non-compliance to the ESPR Act.
It disclosed that particulars of the infractions were stated in a Notice of Intention to Commence Enforcement (“NICE”) NERC/llC/CU/20 19 /IU/1232 that was issued to AEDC by the Commission on 29 April 2019.
The particulars of non-compliance according to NERC, accused the DisCo of failure to protect the public from injury by ensuring that its distribution systems were maintained in accordance with standards in the Distribution Code.
It said this led to the fatal electrocution of the 4-year-old Mohammed Arafat Jibril.
Also, it said the AEDC failed to send a preliminary report of the accident within 72 hours, stressing that these runs contrary to the ESPRA.
The commission explained that in the Electricity Distribution Licence No: NERC/LC/032 issued to AEDC on 1 October 2013 in accordance with section 32(2) (d) of the EPSRA, the DisCo was obligated to comply with the terms of licence issuance.
“Section 63 (1) and (2) of EPSRA imposes an obligation on the holder of an electricity distribution licence to comply with the terms of issuance of the licence, regulations, codes and other requirements issued by the Commission,” it said.
According to the commission, the distribution licence imposes an obligation on AEDC to ensure the protection of persons and property from injury and damage that may be caused by them(AEDC).
Also, it said the DisCo is obligated to maintain its distribution network in line with the commission’s distribution code for the distribution Sector of the Nigerian Electricity Supply Industry(NESI).
“Condition 18 (1) of the distribution licence imposes an obligation on AEDC to take all reasonable steps to protect persons and property from injury and damage that may be caused by the licensee when carrying out the licensed business.
“Condition 38 (8) of the distribution licence imposes an obligation on AEDC to ensure that the distribution system is maintained in accordance with standards in the NERC Distribution Code for the Distribution Sector of the Nigeria Electricity Supply Industry (“Distribution Code”) to ensure quality, safety and reliability of the electricity system.
“ Section 1.3.26 Part IV of the Distribution Code imposes an obligation on AEDC to ensure that distribution transformers, switchgear, distribution boxes etc. installed in streets and accessible to the public shall be protected by locking the doors and/or providing a suitable fence with gate wherever possible. “DANGER” signs must also be prominently displayed on the fence and equipment,” the Order partly read.
As a result of the various infractions which led to several fatal electrocutions, burns among others, NERC Ordered AEDC to pay the sum of N50miliion to the family of a late 4-year-old boy.
It said the compensation would be made formally to his family at the Commission on 28 May 2019.
Also, a sum of N250miliion is to be paid to the Commission on 20 May 2019 for all infractions/violations identified in the order.
However, in a terse statement issued by the AEDC Spokesperson Oyebode Gboyega in Abuja on Wednesday, the Company acknowledged receipt of the Order saying it is was still studying the document for an adequate understanding.
It reads: “We confirm the receipt of the NERC Order No. NERC/GL/169 wherein the Commission ordered AEDC to pay the sum of N300m. We are studying the document for a full understanding of the content.
“NERC is a democratic regulatory agency that encourages engagement with players. We shall explore all avenues of engagement in the management of the situation.”
and then