KENYA Law and Practice Contributed by: Mary Waithiegeni Chege, Mary Anne Wachira and Joy Odhiambo, EMSI & Associates
• identification of the voltages of the electric supply lines forming part of the intended transmission system; • a statement of particulars of the persons from whom the applicant expects to receive the electricity for transmission for the next five years, and the points at which they expect to receive it; • particulars of the expected connection points, quantities and interconnections to other transmission systems; • proposed metering arrangements; • forecast annual maximum demands for the next five years in their transmission system (MW or GW) and energy (GWh) to be trans- mitted; and • a single line diagram of the transmission system. The public participation obligations for genera- tion projects are applicable to power transmis- sion projects. 4.3 Terms and Conditions Imposed on Approvals to Construct and Operate a Transmission Line and Associated Facilities In addition to the general terms and conditions as outlined in 3.3 Approvals to Construct and Operate Generation Facilities , specific condi- tions that need to be adhered to by a transmis - sion licensee include the obligation to: • build, maintain and operate an efficient, co-ordinated and economical transmission system; • comply with the directions of the system operator; • provide non-discriminatory open access to its transmission system for use by any licensee or eligible consumer upon the payment of
fair and reasonable transmission or wheeling charges; • provide information to enable EPRA to approve the wheeling/transmission fees; • ensure the transmission system is operated with enough capacity (and, if necessary, augmented or extended to provide enough capacity) to provide network services to per- sons authorised to connect to the grid or take electrical energy from the grid; • operate, maintain (including repair and replace if necessary) and protect its transmis- sion grid to ensure the adequate, economic, reliable and safe transmission of electricity; and • operate its network in co-ordination with the transmission or distribution networks to which it is connected directly or indirectly. 4.4 Eminent Domain, Condemnation and Expropriation Rights to Construct and Operate Transmission Lines and Associated Facilities The process is generally similar to that described for generation facilities (see 3.4 Eminent Domain, Condemnation and Expropriation Rights to Construct and Operate Generation Facilities ). In recognition of the fact that transmission lines may traverse multiple parcels of land, the trans- mission licensee is required to acquire rights of way over such land through the grant of an ease- ment, which confers upon the licensee the legal right of access to, and use of, the land strictly for the purposes of constructing, operating, main- taining and repairing the transmission facilities, without conferring any ownership interest. The registered proprietor of the land shall retain legal title and may continue to make limited use of the land, provided such use does not interfere with nor impede the licensee’s rights under the easement.
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