Transfer of Regulatory Oversight of the Electricity Market in Bayelsa State to BYERA

In compliance with the amended Constitution of the Federal Republic of Nigeria (CFRN) and the Electricity Act 2023 (Amended), the Nigerian Electricity Regulatory Commission (“NERC” or the “Commission”) has issued an order to transfer regulatory oversight of the electricity market in Bayelsa State from the Commission to the Bayelsa State Electricity Regulatory Agency (BYERA).

Recall that with the EA 2023, the Commission retains the role as a central regulator with regulatory oversight on the inter-state/international generation, transmission, supply, trading, and system operations.

The EA also mandates any state that intends to establish and regulate intrastate electricity markets to deliver a formal notification of its processes and requests NERC to transfer regulatory authority over electricity operations in the state to the State Regulator.

The transfer Order by NERC has the following provisions:

- Direct Port Harcourt Electricity Distribution Company Plc (PHED) to incorporate a subsidiary (PHED SubCo) to assume responsibilities for intrastate supply and distribution of electricity in Bayelsa State from PHED.

- PHED shall complete the incorporation of PHED SubCo within 60 days from 21st August 2025. The subcompany shall apply for and obtain licence for the intrastate supply and distribution of electricity from BYERA, among other directives.

All transfers envisaged by this order shall be completed by 20th February 2026.