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Part II · National Electricity Advisory Council, the National Electricity Policy and the Issue of Policy Guidelines

4. Formulation of the national electricity policy and issue of policy guidelines

Official English translation. The Sinhala text prevails.

(1)

The national electricity policy shall reflect the objects of the Act specified in section 2, and the policy of the Government for the development of the Electricity

Industry in a manner consistent with the national policy on energy specified in paragraph (a) of section 5 of the Sri

Lanka Sustainable Energy Authority Act, No. 35 of 2007.

(2)

Upon the coming into operation of this Act, the

Minister shall, with a view to enabling Sri Lanka to meet the increasing future demands for electricity, after consultation with the Regulator, National System Operator, licensees, consumer organisations and other relevant stakeholders and in compliance with all relevant national policies and policy guidelines of the Minister, direct the Council to formulate the draft national electricity policy.

(3)

The Council shall in compliance with the direction of the Minister under subsection (2), proceed to formulate the draft national electricity policy which shall include an outline of the Government’s policy on-

(a)

developing the power system to meet the estimated demand while ensuring affordability, energy security and aligning with the Government’s international commitments for decarbonisation and enhancing consumer satisfaction through competitive tariffs and reliability in electricity supply;

(b)

technologies to be used in connection with the generation of electricity and demand side technologies to promote energy efficiency;

(c)

incentivize investments in energy technologies such as renewable energy, energy storage and energy efficiency which increase national energy security and reduce the dependence on imported fossil fuel sources;

(d)

ensuring financial viability of the Electricity

Industry and the need to attract private sector investments to the Electricity Industry including the development of renewable energy-based electricity generation, transmission, energy storage and end user energy efficiency;

(e)

introducing competition in the procurement of new generation, transmission and energy storage capacity and specifying the preconditions and milestones for the establishment of the Wholesale

Electricity Market;

(f)

mobilizing investment needed for sustainable growth of the Electricity Industry to achieve

Government’s electricity policy objectives;

(g)

national tariff policy formulated in consultation with the Ministry of Finance and the Ministry of

Policy Implementation;

(h)

including national policy on energy which shall be revised, from time to time; and

(i)

identifying priorities and measures towards meeting the objects of the Act.

(4)

(a)

Upon the completion of the formulation of the draft national electricity policy by the Council in terms of subsection (3) and after adequate public stakeholder consultation, the Minister shall, upon being satisfied that such draft national electricity policy is consistent with the provisions of this Act and the national policy on energy, forward such draft policy to the Cabinet of Ministers for its approval.

(b)

The Cabinet of Ministers may review the policy forwarded to the Cabinet of Ministers under paragraph (a)

and may suggest amendments thereto prior to granting approval to such policy.

(5)

Upon receiving the approval of the Cabinet of

Ministers, the Minister shall cause the national electricity policy to be published in the Gazette within one month from the date of receipt of such approval.

(6)

The national electricity policy once approved and published in the Gazette in terms of this section shall have the effect of superseding all previous policy documents on generation, transmission, distribution, trade, supply and procurement of electricity, without prejudice to anything done thereunder.

(7)

Upon the receipt of the approval of the Cabinet of

Ministers as required by subsection (4), the Regulator shall ensure the implementation of the national electricity policy through the issuance of directions to the licensees.

(8)

The Minister may once in every five years on the advice of the Council and after consultations with the stakeholders cause a review of the national electricity policy to be conducted:

Provided that, if prior to the completion of the aforesaid period of five years, an urgent need to update the national electricity policy arises, the Minister may direct the Council to cause a review of the national electricity policy to be conducted.

(9)

The Minister shall ensure that the procedure specified in subsections (1) to (7) be complied with in relation to updating the national electricity policy.

(10)

The Minister may, in consultation with the

Minister assigned the subject of Policy and Planning

Implementation and with the approval of the Cabinet of

Ministers, from time to time, issue in writing policy guidelines relating to the implementation of the principles of the national electricity policy including national strategies and national targets of such policy. Such guidelines shall -

(a)

provide guidance with respect to the following: -

(i)

facilitating Electricity Industry reform;

(ii)

ensuring the implementation of the national electricity policy to meet the projected demand growth in accordance with other policy objectives and targets with respect to energy security and environmental sustainability;

(iii)

estimating the requirement for electricity in Sri Lanka in order to attain national targets for sustainable development of the

Electricity Industry and the oversight mechanisms relating to licensing, regulatory and inspection activities as required by this

Act;

(iv)

identifying incentives to be adopted for achieving national targets for increasing the renewable energy and enhancing energy security of the country in an affordable and sustainable manner;

(v)

facilitating the implementation of the national tariff policy specified in section 29;

(vi)

identifying the principles and policies to be followed in initiating electricity market reforms for the introduction of competition and consumer choice;

(vii)

ensuring at all times, the availability of a reliable and affordable supply of electricity to the consumers which would be adequate to ensure adequate cashflows to cover the operating expenses, debt service and reasonable return on equity of licensees; and

(viii)

guiding on the nature of Electricity Industry performance reports to be published; and

(b)

provide guidance, in consultation with the

Regulator and relevant stakeholders, to the

National System Operator with respect to the following: —

(i)

market-based incentives to promote the renewable energy in terms of the national electricity policy;

(ii)

incentive policies for energy storage and other economical energy sources to ensure reliability and energy security;

(iii)

measures required for the introduction of competition through open access and establishment of wholesale electricity market; and

(iv)

to prepare the Long Term Power System

Development Plan to enable the supply of electricity at the least economic cost and with specified reliability to meet the national targets and international obligations required for sustainable economic growth.

(11)

(a)

Subject to any relevant written law, the

Regulator and the National System Operator shall forthwith give effect to any written policy guidelines issued in terms of subsection (10).

(b)

The Regulator and the National System Operator may notify the Minister of any difficulties which may arise in giving effect to the policy guidelines. The Minister shall, in consultation with the Regulator and the National System

Operator determine, within the framework of the Act and the principles relating to the relevant policy guidelines, the measures to be adopted in addressing such difficulties and shall notify the Regulator and the National System Operator of the same.

(12)

The Minister may, with the approval of the Cabinet of Ministers, issue general or special directions in writing to the National System Operator under Part IV of the Act as to the exercise of powers and performance of duties of the

National System Operator, and the National System Operator shall forthwith give effect to such directions.

Part III

Regulator for the Electricity Industry

Part IV

Establishment of the National System Operator

Part V

National Transmission Network Service Provider

Part VI

Incorporation of Limited Companies Under the Companies Act…

Part VII

Licensing

Part VIII

Tariffs

Part IX

Wholesale Electricity Market

Part X

Consumer Protection

Part XI

Finance

Part XII

Miscellaneous

Part XIII

General

Part XIV

Repeals and Transitional Provisions

Schedules