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Frequetly Asked Questions (Cont.)
8
Q: Will decisions of the regulator be subject to appeal to the Minister or the courts, or ‘will the buck stop’ with the regulator?
 
A:Decisions of the LEA are not subject to direct appeal to the Minister (of Natural Resources)as the Authority does business on the behalf of the Minister. But there are two instances where the LEA’s decisions are capable of challenge. The first is where a decision of the LEA is taken on review to the High Court (e.g. where the LEA has failed to follow its own procedures, or acted outside of its powers). The second is where certain decisions of the LEA (related to licensing conditions) are subject to arbitration at the discretion of the affected party
9
Q:Will the regulator process or receive regular reports on specified topics from the companies subject to its jurisdiction?
 
A: The LEA will receive regular reports from the companies subject to its discretion.
10
Q:What key elements or factors will the regulator process or utilize to perform a balancing of interests in respect of the company’s proposed tariffs?
 
A: In the case of LEC, these factors will be included in the license. In respect of other participants, these factors still need to be developed. Generally prices should be at the lowest possible level consistent with ensuring the financial viability of efficient electricity companies providing safe and reliable electricity supply with satisfactory levels of customer service.
11
Q:Is the regulator self-funding (through a small tax on the services regulated) or is it government supported?
 
A: The LEA will be self-funding through licence fees and customer levies. Initially, in years 1 and 2, Government, World Bank and African Development Bank have been providing a start-up budget to get the LEA up and running.

 


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