KENYA Law and Practice Contributed by: Mary Waithiegeni Chege, Mary Anne Wachira and Joy Odhiambo, EMSI & Associates
5.2 Regulatory Process for Obtaining Approvals to Construct and Operate Electricity Distribution Facilities The approval process and timelines are similar to those described for generation and transmission facilities. Additional documents and information to accompany an application for a distribution licence include: • specific information relating to the locations of the electric supply lines and electrical plant constituting the intended distribution system; • the extent to which those electric supply lines are or will be placed underground, and the locations of such lines; • the particulars of arrangements made for the distribution of electricity and the expected connection points; • the proposed metering arrangements; • details of the voltage levels for the next five years; and • details of the distribution system above 11 kV, including the location of infeeds (connection points), overhead lines, interconnectors, cable routes and associated substations, show- ing which electric supply lines, cables and substations are to be constructed and which are already in existence, as well as all electric supply lines and electrical plant effecting con- nection to the system operated by any other authorised distributor and points through which it is proposed that electricity would be conveyed to the applicant’s distribution system. 5.3 Terms and Conditions Imposed in Approvals to Construct and Operate Electric Distribution Facilities In addition to the general terms and conditions discussed in 3.3 Approvals to Construct and Operate Generation Facilities , a distribution
licensee needs to also comply with specific conditions to: • build, maintain and keep in a good state of repair suitable and sufficient electric supply lines for the purposes of enabling supply to be given in the area of supply specified in that behalf in the licence; • operate an efficient, safe, co-ordinated and economical distribution system; • comply with the directions of the system operator, where applicable; • provide non-discriminatory open access to its distribution system for use by any licensee, retailer or eligible consumer uponpayment of use of system charges and compliance with the minimum requirements of the distribution licensee; and • ensure as far as technically and economi- cally practicable that the distribution system is operated with enough capacity (and, if necessary, augmented or extended to provide enough capacity) to provide network ser- vices to persons authorised to connect to the network. The Energy (Reliability and Quality of Electrical Energy Supply and Service) Regulations also provide that a distribution licensee shall under- take to distribute electrical energy in a reliable manner that promotes quality, and shall ensure that any interruption in electrical energy supply shall not exceed one outage of electrical energy supply per month, which shall not last longer than one hour. The process for the amendment or relaxation of licence terms is similar to that described for gen- eration facilities (see 3.3 Approvals to Construct and Operate Generation Facilities ).
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