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Legal and Regulatory framework
According to the existing legal framework in Angola, the generation and distribution of electricity can be performed by companies which are not included in the public sector through concession contracts, which allows private investment especially in the form of public-private partnerships.
ENE, E.P. - Empresa Nacional de Electricidade - is a public interest company which is responsible for the generation, transportation, distribution and marketing of electricity in Angola. EDEL, E.P. - Empresa de Distribuicao de Electricidade - is a public interest company which makes the distribution of electricity, under the regime of exclusive distributor in the areas granted by the competent authorities. ENE, E.P. is part of the Southern African Power Pool (SAPP), an organization of Southern Africa Power Companies; an intergovernmental memorandum of understanding was signed for the implementation of a Power Pool in the said region. One of the most important roles of this organization was the creation and implementation of the Short Term Energy Market within the region.
The main source of power generated in Angola is hydro electric power, but there is also electricity generated by thermal power from fossil fuels. Recently, there has been a growing interest in other renewable energy sources. A special mention shall be made to BIOCOM - Companhia de Bioenergia de Angola - a joint venture set up between Odebrecht (a Brazilian company, with a share of 40%), Damer (a private Angolan group, with a share of 40%) and Sonangol (a public Angolan company, with the remaining 20%) to build a bioelectricity plant from sugarcane, which is expected to produce in 2012, the date of completion of the construction, 160 thousand MWh of electricity per year, only for domestic consumption of the country in an initial phase.
Angola has a large Russian participation in the development of its power sector. As examples of that, we shall mention the Capanda Dam, one of the largest hydroelectric complex in the country with a generating capacity of 520 MW, and the Hidrochicapa Project, whose estimated production is 16 MW. It is also planned to built two new dams, with production capacity of two thousand MW, also in the Kwanza river, where the Capanda Dam is located at.
The development of an electricity project in Angola shall be made through public-private partnerships ("PPPs"). According to the governing law, the private company can be either national or foreign (in case it is foreign it shall have a permanent representation in Angola), and may be of one of the types legally permitted; the most common types being the public limited company and the private limited company. A public limited company shall have at least five shareholders while the private limited company shall have at least two. The incorporation of a company shall follow several steps, such as the application for the trade name, the application for a tax payer number, the incorporation through a public deed, the commercial registry, the publication in the Official Journal, the registry of social security taxpayers and beneficiaries, amongst others. Nowadays, these procedures can be performed in the site of the Company's Single Desk (Guichet Unico da Empresa) - which aims to expedite the bureaucratic process of incorporating companies in Angola, nevertheless is not yet in full operation.
The public limited company shall have a minimum share capital of USD 20,000 while the private limited company shall have a minimum share capital of USD 1,000. According to the Private Investment Act, in order to take benefit of the tax and economic advantages and facilities granted by the State a foreign company must invest a minimum amount of USD 100,000 while national companies shall invest a minimum amount of USD 50,000.The maximum allowed in both cases is USD 5,000,000 and when the investment is over USD 5,000,000 it requires the authorization of the Council of Ministers must be obtained.
There is no formal requirement, concerning the participation of nationals in the share capital of the company. However, in practical terms, the participation of nationals in the share capital of the project company as a way to facilitate the installation and proper functioning of the company is advisable.
The Angolan jurisdiction allows the participation of foreign companies or branches of foreign companies in public PPPs since they are properly represented in the country.
Due to the current heavy bureaucratic process in the country the incorporation of a company usually takes a lot of time and money. Taxes shall be paid for many of the procedures performed for the incorporation.
Short introduction to power sector: please highlight the key players/stakeholders in the sector and indicating whether there are any existing independent power projects in development or operation.
The Guinea State Electricity Company shortened EDG (Societe d'Etat d'Electricite de Guinee) is a limited company with public participation created in 16th June 2003 is in charge of maintenance, rehabitation, renewal and development of works and operating equipments, transport and distribution of power generating. It is a result of a merger of the National Electricity Company of Guinea ENELGUI and the Guinean electricity Sogel (Operating company). The Guinean State is the only shareholder. This company was created in a context of emergency for a transitional period.
The EDG currently operates in 24 districts of the country and EDG produces in total 235.26MW of power, in which 224MW is interconnected, and 11.26 MW is in discrete locations. In 2005, the number of customers identified by EDG was 128 659 subscribers of which 128 360 on the low voltage (LV) and 299 on the medium voltage (MV).
The CBG (Compagnie des Bauxites de Guinee) and the ACG (l'Aluminium Company of Guinea) sell electricity to EDG to provide power in the cities of Boke and Fria.
The "Letter of sector policy for the promotion of decentralized rural electrification", published in February 1998 provides for the privatization of rural electrification with the disengagement of the state, end the monopoly of the Electricity of Guinea (EDG) and open to private sector.
The existing power projects are:
- Hydroelectric dam in Garafiri in construction with an initial capacity of 75 Megawatt.
- The project Tombo III Energy with an investment of U.S. $ 50 million, financed by the World Bank and the European Investment Bank, has just been completed (capacity of 33 megawatts).
The electricity sector in Ivory Coast is based on two important principles: first, there is a state monopoly on transportation, distribution, import and export of electric energy. This business is run by a private operator, the Ivorian Electricity Company ("CIE"), under a concession with the state. On the other hand, there is a liberalization of the production of electrical energy, an activity where private operators and independent power producers find themselves in competition with the state whose electricity generation assets are exploited by the CIE, as part of the concession agreement mentioned above.
The CIE which was created on 24th August 1990, is a limited company with a capital of CFA 14 billion (approx US$30m). Two private producers CIPREL ("Compagnie Ivoirienne de Production d'Energie" or Ivorian Company for Energy Production) and AZITO-ENERGY dominate the market for electric power generation for 60% of total production. Private producers sell their production to the CIE.
The total production of the interconnected electric system is 5,627 GWh. Thermal power is mainly composed of 3 stations, of which the two most powerful producers are owned by private operator. Vridi, with a production capacity of 210MW, is operated by CIPREL and Azito, with a production capacity of 420MW, is operated by AZITO-ENERGY company.
Existing projects include:
- Rehabilitation of the hydroelectric centre of Buyo.
- Rehabilitation of the interconnexion between Ivory Coast and Burkina Faso.
Electricity generation and distribution in Kenya used to be a monopoly that fell under the Kenya Power and Lighting Corporation Limited (“KPLC”). The generation of electricity has since been liberalised and as a result several Independent Power Producers (“IPP”) have surfaced on to the market. There are currently four IPPs operating in Kenya; Iberafrica Power (K) Limited, Orpower 4, Rabai Power Limited and Tsavo Power Company Limited. The IPP sector is an emerging market from both a development and business perspective; and the potential for growth is substantial. During the last eighteen months period, the Rabai project and the Olkaria III geothermal project have reached financial close and have gone online and there are more projects in the pipeline. At present the largest electricity generator is the Kenya Electricity Generating Company Limited (“KenGen”) which is a public listed company and majority owned by the Government of The Energy Regulatory Commission’s (“ERC”) website has a list of licensed power producers. However, farms such as Oserian Development Company Limited, James Finlay (
Electricity generation and distribution in Kenya used to be a monopoly that fell under the Kenya Power and Lighting Corporation Limited (“KPLC”). The generation of electricity has since been liberalised and as a result several Independent Power Producers (“IPP”) have surfaced on to the market. There are currently four IPPs operating in Kenya; Iberafrica Power (K) Limited, Orpower 4, Rabai Power Limited and Tsavo Power Company Limited. The IPP sector is an emerging market from both a development and business perspective; and the potential for growth is substantial. During the last eighteen months period, the Rabai project and the Olkaria III geothermal project have reached financial close and have gone online and there are more projects in the pipeline.
At present the largest electricity generator is the Kenya Electricity Generating Company Limited (“KenGen”) which is a public listed company and majority owned by the Government of
The Energy Regulatory Commission’s (“ERC”) website has a list of licensed power producers. However, farms such as Oserian Development Company Limited, James Finlay (
Despite liberalization of the electricity sector in 1999, JIRAMA still retains the monopoly in transmission and distribution and is expected to remain so for sometime. Wholly owned by the Malagasy State, JIRAMA is notionally run as a commercial company. JIRAMA provides almost all of the public supply of water and electricity in Madagascar. There are almost 340,000 subscribers in 114 towns with electricity and nearly 110,000 subscribers in 65 centres for water (2002 data the latest avalaible). There are 114 centres of power generation in total. 100 are powered by diesel thermal generators, while the balance of the centres are powered by hydroelectric facilities.
Since 2000, operational management of the production, transport, distribution and sale of electricity has been awarded to private operators, under concessions granted by the State. The company Energie du Mali-Societe Anonyme (EDM-SA) was privatized in December 2000. Sixty percent (60%) of its share capital is held by a private consortium (SAUR INTERNATIONAL-IPS-WA) and 40% is held by the State. In 2005, the Malian government purchased the balance of shares in EDM. EDM-SA holds (up to 2010), the exclusive right of wholesale purchase of electricity throughout the territory of Mali.
EDM-SA currently operates in 98 locations of the country with a total power produced of 175MW, in which 131MW is within the interconnected network and 44 MW is with stand-alone units. As of June 2009, 25% of the population was connected to EDM-SA.
(a) Short introduction to power sector: please highlight the key players/stakeholders in the sector and indicating whether there are any existing independent power projects in development or operation.
The Central Electricity Board (the "CEB") is a parastatal body wholly owned by the Government of Mauritius and reporting to the Ministry of Renewable Energy and Public Utilities. Established in 1952 and empowered by the Central Electricity Board Act of 25 January 1964, the CEB's business is to "prepare and carry out development schemes with the general object of promoting, coordinating and improving the generation, transmission, distribution and sale of electricity" in Mauritius.
The CEB produces around 40% of the country's total power requirements from its 4 thermal power stations and 8 hydroelectric plants; the remaining 60% being purchased from independent power producers. Currently, it is the sole organisation responsible for the transmission, distribution and supply of electricity to the population.
CEB has contractual obligations with five independent power producers (the 'IPPs') that operate under long-term power purchase agreements. They provide electricity year-round using a combination of coal during the intercrop season, and bagasse during the crop season.
These IPPs are Consolidated Energy Ltd., FUEL Steam and Power Generation Co. Ltd., Compagnie Thermique de Belle Vue Ltee, Compagnie Thermique de Savanah Limitee and Centrale Thermique du Sud.
CEB also has power purchase agreements with three continuous power producers ('CPPs') that produce electricity from bagasse during the crop season only.
(i) Project company incorporation:
(A) Type of vehicle: what is the most appropriate type of corporate vehicle for a project and can you describe its key features (e.g. limited liability, shareholding requirements, share capital requirements)?
The corporate vehicle may be incorporated pursuant to the Companies Act 2001 ('CA 01') as a domestic company having limited liability (the "Project Company") and its shareholding will have to be structured according to the different requirements of the promoter of the project.
There are no mandatory share capital requirements and the Project Company may be incorporated with a nominal amount of capital.
(B) Thin capitalisation: are there any issues relating to thin capitalisation?
There are no thin capitalisation requirements under Mauritius law.
(C) Indigenous shareholdings: We have come across requirements in certain jurisdictions to have a specific percentage of shares in a project company held by nationals of the jurisdiction. Please advise whether any such requirements apply in the country. Please indicate any prescriptive requirements or limitations in respect of incorporating a special purpose company such as:
(I) Requirement for a certain amount of equity to be held by indigenous entities;
There are no requirements for shares in a company to be held mandatorily by Mauritius nationals. However, where foreign entities propose to acquire shares in companies holding immovable property, such foreign entities may require the approval of the Prime Minister's office to acquire shares in the Mauritius company.
(II) Thin capitalisation requirements;
There is no such requirement.
(III) Can a limited liability company be established?;
A limited liability company may be set up pursuant to the CA 01.
(IV) Is it possible to use a foreign company or a branch of a foreign company to act as project company?
It is possible to register and continue a foreign company and branch in accordance with the provisions of the CA 01.
(D) What is the estimated timescale for incorporation in the country? Are there any specific fees or other costs payable to governmental authorities in respect of incorporation?
The time scale for incorporation of a company takes around two to three days to incorporate a domestic private company for an amount equivalent to USD 70 payable to the Mauritius Registrar of Companies.
Electricity is generated by the National Office for Electricity ("ONE") in the Kingdom of Morocco ("KoM") and is distributed by private companies in some cities (Redal in Rabat, Lydec in Casablanca, Amendis in Tangier) and by public entities in other cities (under state control form).
Electricity production is divided as follows in KoM:
Since the end of the 1990s, Mozambique has been investing on the expansion of its power grid, with the ultimate purpose of allowing rural and small urban communities to have access to electricity. To this end, a program called Electrification of Rural Areas Project (ERAP) was approved with the aid of several donors. The ERAP has also been supported by the so-called Energy Fund (FUNAE), which was created in 1997 by way of Decree No. 24/97, of 22 July 1997.
Also in 1997, the Parliament approved a new Electricity Law by way of Law No. 21/97, of 1 October 1997 (“Electricity Law”). One of the stated purposes of the Electricity Law was to attract private investment to the power sector. Accordingly, although the generation, transmission, distribution and trading of electricity continued to qualify as a public utility, the participation of private companies in the exploitation of those services became possible.
The Electricity Law also created the so-called National Electricity Council (Conselho Nacional de Electricidade - “CNELEC”), a legal entity with both administrative and financial autonomy, with the aim of serving as a consultative body as well as a conciliation, mediation and arbitration authority as regards disputes between different concessionaires and between concessionaires and consumers.
Furthermore, the Electricity Law requires the National Power Transmission Grid and the corresponding Dispatch Center to be operated and managed by a public entity. Accordingly, by way of Decree No. 43/2005, of 29 November 2005, State-owned Electricidade de Moçambique, E.P. (“EDM”) was entrusted with the role of Manager of the National Power Transmission Grid and the corresponding Dispatch Center. Despite this, EDM has been required to adopt such an organisational structure as to separate the responsibilities of Grid Manager from its generation, transmission, distribution and trading activities – i.e., a first step towards unbundling.
Mozambique is now starting to take advantage of its natural resources for power generation being considered as a high potential exporter of electrical power (especially hydro electric power) for the Southern African region, namely South Africa and Zimbabwe.
The main source of power generated in Mozambique is hydro electric power, due to the high water potential of the country, where a special mention should be made to the Cahora Bassa Dam. There is a national will to reduce dependence on fossil fuels for power production purposes. In addition, there is a growing interest in renewable energy sources, in particular biofuels.
Notwithstanding this, currently Mozambique is still a major power importer while domestic production does not yet satisfy internal needs. Some major projects are being planned in the sector though, amongst which a special mention shall be made to (i) the construction of the M’panda Nkwa Dam, a project of USD 8 thousand million, and (ii) the extension of the electric grid in 1,400 Km and the expansion of the production capacity of the Cahora Bassa Hidroelectric (“CHB”), which involves an investment of USD 1 thousand million. The current installed capacity of CBH is of 2,075 Megawatts, which can be expanded up to plus 1,000 Megawatts, through the construction of a northern power plant.
Moreover, certain projects such as a coal-fired heat and power station, a natural gas combined cycle central and various hydropower stations are underway in a move aimed at using the Moatize coal, the Pande and Temane natural gas and the country’s immense river potential – in particular, the Zambezi River – in an effort to boost power generation, hitherto heavily dependent on the CBH.
Bearing the above in mind, Mozambique is in a competitive position with respect to its Southern African Developing Country neighbours. The Government of Mozambique (“GoM”) is committed in pursuing the goals of enhancing regional interconnection between national power transmission grids (under ERAP) and increase power production.
For that purpose a comprehensive review of the electricity framework, including, but not limited to the implementation of a national regulator, is currently ongoing.
Finally, the World Bank and countries as Norway, Sweden, Denmark and Germany, and now Portugal are the main partners of Mozambique in the development of the power sector.
(a) Short introduction to power sector: please highlight the key players/stakeholders in the sector and indicating whether there are any existing independent power projects in development or operation
The production, transportation and distribution of electricity in
In 2006 NIGELEC had 178,964 subscribers and 300 electrified centres. NIGELEC operates four power plants such as Niamey I and Niamey II (in Niamey proper and the suburb of Goudel), the Malbaza Power Station (at Malbaza, near Tahoua) and the Zinder & Maradi Thermal Power Station. All installed capacity is currently thermally fired but
In 2007 the government of
In addition to importing power from
The existing power projects are:
- The Kandadji hydroelectric project located on the Niger River approximately 120 miles (200 km) upstream of Niamey. The facility would have the generating capacity of 165MW power capacity. The Kandadji project has currently been underway since 2004 and construction is planned to be completed by 2012.
- Smaller dams are found on the Niger River at Gambou (122 MW) and Dyodyonga (26 MW) have also been considered for hydropower generation.
The Electric Power Sector Reform Act Chapter E7 Laws of the Federation of Nigeria 2004 ("EPSRA") is the primary legislation that governs the Nigerian power sector including generation, transmission, distribution, supply and trading of electricity in Nigeria. Established by the EPSRA, is the Nigerian Electricity Regulatory Commission ("NERC") which has amongst other functions, the responsibility of licensing and regulating persons engaged in the generation, transmission, system operation, distribution and trading of electricity. The NERC in furtherance of its regulatory powers has issued several regulations relating to the regulation of the Nigerian electricity industry.
Pursuant to the EPSRA, the construction, ownership and operation of an undertaking for the generation, distribution, transmission, and trading of electricity may only be carried out by a person licensed to do so under the EPSRA except in instances of captive generation or where the electricity to be generated does not exceed 1 megawatt in aggregate at a site, or the distribution undertaking does not exceed a capacity of 100 kW in aggregate at a site or such other capacity as the NERC may determine.
The electric power sub-sector has been fully liberalized since the introduction of the EPSRA clearly splitting activities in the sector into generation, transmission, system operation distribution and trading ("GTSODT") operations. Electricity projects are presently being undertaken in Nigeria by both the Government-owned Power Holding Company of Nigeria ("PHCN") (in respect of which the Government is presently engaged in a gradual divestment of interest) and independent power producers. However, given that the Nigerian electricity sector was in the past an exclusive preserve of the Federal Government (prior to 1998, the Nigerian Electric Power Authority had a monopoly of generation, transmission, supply and distribution of power in Nigeria), the industry is still predominantly public.
Although independent power projects in the country were introduced sometime in 1998 pursuant to the EA Amendment and the National Electric Power Authority (Amendment) Act, No. 29 1998 involving Government's cooperation with investors/technical partners to enhance the national aggregate generation capacity including, the EPSRA provided for private participation in the GTSODT operations in Nigeria. Since the enactment of the EPSRA, several independent power producers ("IPPs") have emerged. AES Nigerian Barge Limited and Agip were the first IPPs to enter the Nigerian electricity industry in 2000 (prior to the EPSRA) and 2004 respectively. The two now contribute about 16% of the total electric power fed into the national grid. At least 20 more IPPs were licensed by April 2007. These IPPs include both local and international companies with varying intended power production capacities.
Priority status is presently accorded to the power sector by the Government in view of the inadequacy of power generation in Nigeria. Indeed, the country's peak electricity demand is currently estimated at 30,000 megawatts while electricity generation is currently estimated as being below 2000 megawatts. The current Government projected a target of 6,000 megawatts supply capacity by December 2009.
The current policy of the Government in respect of the power sector aims at establishing a long term electricity market structure in Nigeria in which multiple operators provide services on a competitive basis to the broadest range of customers; this entails establishing a competitive industry for commercial functions, competitive neutrality, privatization, the immediate opening of the generation sector to new entrants and later on the distribution sector, the establishment of a regulatory authority - NERC to oversee prices and terms of engagement, and the establishment of a national electricity market with associated institutions to oversee the rules and manage the market.
Department of Energy, which is the policy setting department ("DoE");
Eskom is the public utility (owned by the State), which currently is the principle generator of electricity in South Africa, is the national distributor and transmitter, and owns the national grid;
Department of Public Enterprise, which is the shareholder ministry of Eskom ("DPE");
National Treasury, which is the ministry of finance;
the National Energy Regulator of South Africa ("NERSA").
The structure of the power sector is currently being considered by DoE and National Treasury, together with NERSA, and it is possible that Eskom may be split into separate entities in respect of generation, transmission, systems operations and buyer's office.
At present, whilst there are a number of private independent power projects where the buyer is a member of the private sector, there are no independent power projects in respect of which Eskom is the committed long term buyer. Eskom did buy some power from independent power projects in 2008 but that was on a short term, emergency basis. Some independent power projects with Eskom as the long term buyer are planned but the timing on these is uncertain.
Eskom does import power from some neighbouring states, under PPAs. These imports of power are inter-utility.
The electricity sector in Tanzania is a vertically integrated structure carrying out generation, transmission, distribution and supply with the state owned public utility Tanzania Electric Supply Company Limited ("Tanesco") operating the grid.
Due to slow development in the sector and the general global trend in the electricity supply industry, the government lifted the monopoly of Tanesco and allowed the involvement of the private sector in the electricity industry.
The system generation capacity is on a hydro/thermal 62:38 proportion.
Installed capacity is 897 mw of which only 535 is available.
The intention is to increase capacity by up to 500 mw by 2014.
Maximum demand 548 mw (2006), 607 mw (2007).
Peak load forecast 1,156 mw (2015).
The grid consists of a total of 2624 km of 220 kV, 1442 km of 132 kV, and 486 km of 66 kV transmission line.
The electricity is supplied to consumers at 33kV, 11 kV and 415/230 V.
Efforts are being made to increase access in rural areas, and the Rural Energy Agency has been established to oversee the implementation of rural electrification projects, using the Rural Energy Fund as provided in the Rural Energy Act, 2005.
Uganda currently owes most of its electricity to hydropower development and currently has two operational hydropower plants. Electricity at the two operational hydropower plants, Nalubaale and Kiira complex is currently being generated by ESKOM ltd, under a 20 year concession agreement, since 2003, from the Government owned Uganda Electricity Generation Company ("UEGCL").
The Uganda Electricity Transmission Company Limited ("UETCL") is the System Operator and owns transmission lines above 33kV. UETCL is the bulk supplier and single buyer of power for the national grid in Uganda.
Distribution of power in Uganda is solely managed by the Uganda Electricity Distribution Company Limited ("UEDCL") which in 2005 gave UMEME ltd a twenty- year concession to distribute electricity in Uganda.
There is no monopoly over the generation of power in the country.
There is a small but growing percentage of power which is being generated from alternative sources, such as biomass co-generation, thermal, peat, geothermal and solar sources.
The key player in generation and distribution is the parastatal entity ZESCO which is wholly- owed by the government. In 1995 the Government of Zambia liberalised the electricity supply industry ("ESI") in Zambia. The Electricity Act (the "Act") removed ZESCO's statutory monopoly over the industry. The Energy Act was enacted to regulate the energy sector. As a result of this legislation, other entities are now permitted by law to participate in the ESI. In order to ensure that the aim of liberalisation, primarily enhanced efficiency and rapid electrification goals are achieved by various stakeholders in the ESI, the regulator, the Energy Regulation Board has formulated measures such as the Zambia Grid Code to facilitate open and non-discriminatory access to the Transmission System. ZESCO has a monopoly over the generation of power in the country, although the Government has put in place policy to encourage more players in the electricity sector. The main source of power is hydro-electric power.