Electricity Regulation Act, 2006 (Act No. 4 of 2006)

Chapter VII : General Provisions

34B. Powers and functions of transmitter, system operator, market operator and central purchasing agency

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(1) A transmitter must—
(a) implement infrastructure plans for the transmission network, incorporating the capacity and demand and outlook to ensure reliable grid services to generators and customers;
(b) maintain and operate the transmission grid and coordinate outages;
(c) develop and implement transmission use of system charges and transmission charges subject to the approval of the Regulator;
(d) provide non-discriminatory access to the transmission power system to third parties; and
(e) develop the transmission development plan.

 

(2) A system operator must—
(a) operate the integrated power system in a safe, secure, efficient and sustainable way;
(b) plan in respect of the development, strengthening, upgrading and refurbishment of the national transmission power system;
(c) perform forecasting and dispatch scheduling; and
(d) co-operate with the Minister and any person acting as a procurer in terms of section 34, to facilitate the establishment of any new generation capacity or electricity transmission infrastructure, or acquisition of electricity, that is the subject of a section 34 determination.

 

(3) A market operator must—
(a) provide for a transparent, non-discriminatory trading platform, approved by the Regulator, for power market participants to trade;
(b) develop a market code and rules, including qualifying criteria for power market participants approved by the Regulator; and
(c) the market code shall include, but is not limited to, provisions related to the following:
(i) The different types of markets necessary to ensure effective and secure operation of the industry including both physical and financial transactions between power market participants in the appropriate timescales, to enable the market transactions and regulated transactions;
(ii) the method of operation, as well as development of systems, processes and procedures for the implementation of these markets;
(iii) provisions for reconciliation in order to identify imbalances between scheduled and actual production, the consumption of electricity by power market participants, and the allocation of costs of remedial action and penalties where applicable;
(iv) the qualifying criteria for power market participants, including financial and prudential requirements;
(v) governance of the market code, including mechanisms for power market participants and stakeholders to propose changes to the code; and
(vi) any other aspects necessary for effective and efficient market operation.

 

(4) A transparent, non-discriminatory trading platform and trading mechanism for power market participants referred to in subsection (3)(a) is envisaged to be a competitive multi-market structure, which provides for market transactions, physical bilateral transactions and regulated transactions.

 

(5) A central purchasing agency must—
(a) conclude and enter into transaction agreements as may be necessary for the procurement of electricity, including sufficient capacity and energy supply;
(b) in line with the Republic’s international obligations, agreements and undertakings—
(i) conclude electricity import agreements that ensure a reliable and stable supply of electricity for customers within the Republic; and
(ii) conclude electricity export agreements, having regard to the interests of the Republic over the long term;
(c) in relation to regulated transactions—
(i) be the buyer for existing Independent Power Producer power purchase agreements, as well as new Independent Power Producer power purchase agreements, as required by Ministerial determination;
(ii) conclude power purchase agreements with each Eskom generator to cover capacity payments and ancillary services for a period approved by the Regulator;
(iii) conclude vesting contracts with Eskom generators and distribution licensees, as the case requires, approved by the Regulator, to manage the transition to a competitive market; and
(iv) trade all energy purchased under the legacy independent power producer contracts and act as the balance responsible party on behalf of the legacy independent power producer contracts.

 

[Section 34B inserted by section 28 and 31(e) of the Electricity Regulation Amendment Act, 2024, Notice No. 5139, GG51100, dated 20 August 2024 - effective 1 January 2025 per Proclamation Notice 236 of 18 December 2024 with exceptions]