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ELECTRICITY SUPPLY AND DISTRIBUTION (TECHNICAL AND OPERATIONAL) RULES, 2005          L.I. 1816

ARRANGEMENT OF RULES

Rule

Supply and metering of electricity

1)     Connection of supply

2)     Application for new service connection

3)      Precaution against atmospheric electricity

4)      Precaution in execution of works

5)      Illegal connections

6)      Metering

7. Life-line customer

I

Quality of supply of electricity

8)      Supply voltage

9)      Supply of frequency

10)      Power factor

11)      Hannonics control

12)      Negative sequence voltage

13)      Load balance

14)      Voltage fluctuations

Electricity interruption

15)      Interruption for planned maintenance

16. Emergency interruption of supply or disconnection

17. Load shedding

18)      Safety of supply

19. Notice of outbreak of fire

Electricity payment

20)      Issue and delivery of bills

21)      Contents of a bill

22)      Estimated bill

Bill payment

23)     Payment procedure

24)  Dishonoured payment

25. Payment by installment

Review of electricity bill

26)     Disputed bill

27)      Undercharging of electricity consumption

28)      Overcharging of electricity consumption

Rule

29)      Vacation or disposal 0 f premises

30)      Advance deposit

31)      Refundable advance

32)      Disconnection of supply of electricity

33)      Complaints and dispute resolution

34)      Demand side management

35)      Management of assets

36)      Tie-in agreement of embedded generators

37)      Electricity tariff setting and review

38)      Rectification of faults and restoration of electricity supply

39)      Restoration of power supply to a disconnected customer

40)      Performance with regard to billing meters and the replacement of defective

meters

41)      Offences and penalties

42)      Interpretation

43)      Transitional provisions

44)      Repeals

ELECTRICITY SUPPLY AND DISTRIBUTION (TECHNICAL AND OPERATIONAL) RULES, 2005

IN exercise of the powers conferred on the Energy Commission by section 28 of the Energy Commission Act, 1997 (Act 541) these Rules are made this 5th day of August, 2005.

Supply and metering of electricity

Connection of supply

1. (1) A public utility licensed under the Act to distribute and retail electricity to customers shall provide, install and maintain the necessary equipment required for the supply and sale of electricity to customers.

(2) The supply shall be c01mected through an appropriate service COill1ec­tion and protective device that accords with the applicable standards.

(3) A customer shall

(a) ensure that the customer's electrical installation is safe for the supply of electricity;

(b) provide safe and reasonable access to the customer's premises for the supplier to undertake work related to the supply of electricity; and

(c) keep vegetation at the customer's premises clear from the supplier's medium and low voltage distribution systems.

(4) Where a customer or an applicant for a new connection fai Is to comply with any of the provisions of subrule (3), the supplier may

(a) in the case of a customer already connected to the distribution system, disconnect electricity supply to the customer;

(b) in the case of an applicant for a new connection, refuse to connect the applicant to the distribution system.

(5) Despite subrule (4) the supplier shall reconnect supply to the customer in accordance with subrule (3) of rule 38 when the customer complies with subrule (3).

(6) A customer shall not

(a) use. any electrical equipment or appliance that will interfere with, cause damage to or degrade the quality of electricity supply to other customers on the supplier's distribution system;

(b) increase the customer's contracted electricity demand without the consent of the supplier; or

(c) intentionally interfere or knowingly allow interference with the supplier's distribution system, meter or any equipment that is used for the supply of electricity to the customer.

(7) The supplier shall ensure that at all times its distribution network is free from vegetation and obstructions.

..

Application for new service connection

2. (1) An applicant in applying for electricity supply to the applicant's premises, shall

(a) ensure that the electrical installations at the premises are carried out by

           (i)  a qualified electrician duly certified by a licensed electricity

                destitution utility; or

(ii) a contractor who is a member of the Ghana Electrical Contractors Association or other similar body recognized by a licensed electricity distribution utility; and

(b) obtain from the electrician or contractor, a duly signed and dated Installation Completion Certificate (ICC) approved by the supplier.

(2) The applicant shall attach the ICC to the application form for a new connection and submit the application to the supplier.

(3) The supplier shall provide the application form for a new connection and the form shall

(a) be simple; and

(b) have terms and conditions which are clearly stated in plain English. (4) The terms and conditions may include provisions that the applicant

              (a) has not an outstanding debt from a previous electricity bill at a

                   different supply address other than a debt subject to a dispute;

(b) informs the supplier in writing of the estimated load and expected energy consumption at the applicant's premises;

(c) agrees to pay the requisite connection fee including the right of applicant with respect to capital contribution where necessary and an advance deposit for electricity consumption in accordance with the Public Utilities Regulatory Commission's approved electricity tariffs;

(d) permits reasonable access at reasonable times, and adequate protection for the supplier's agent during meter reading, fault recti­fication, disconnection and reconnection exercises and other lawful activities connected with the supply at the applicant's premises;

(e) provides an accurate contact address for the delivery of electricity bills;

(f) is not to connect supply which is not passed through a meter, tamper with a meter or any ancillary equipment associated with the supply; (g) will not use or permit to be used the electricity supplied to the applicant's premises for a purpose other than that for which it was contracted; and

(h) will not connect orpem1it to be connected from the applicant's premises to other premises, electricity supplied to that applicant's premises, without the prior consent of the supplier.

(5) On receipt of the applicant's application form, the supplier shall first provide the estimate and charges for the connection within

(a) five working days if the connection is to be made from an existing supply line; or

(b) two weeks if the connection requires a line extension.

(6) Where the applicant pays the required charges, the supplier shall provide supply within

(a) five working days if the connection is to be made from an existing supply line; or

(b) one month if the connection requires a line extension.

(7) Where with the approval of a supplier a customer finances the develop­ment of the supplier's distribution system, the customer shall subject to sub-rule (8), be entitled to a 60 percent refund of the investment from the supplier when the supplier subsequently connects other customers to the newly developed part of the distribution system.

(8) A supplier shall establish and submit in writing to the Public Utilities Regu­latory Commission for approval, procedures for making the refund stipulated under sub-rule (7).

(9) The Public Utilities Regulatory Commission may direct the supplier to review its procedures and may approve acceptable proposed modification to the procedures.

Precaution against atmospheric electricity

3. (1) A customer using electricity from any installation shall, if the supplier so requires, provide such means for obviating any damage to the installation by atmo­spheric electricity as the supplier may determine.

(2) A customer who installs a standby generating plant in any premises connected to the supplier's distribution system shall

(a) notify the supplier  of the installation; and

(b) provide an appropriate change-over switching device which separates the supplier's system from that of the standby generating plant when the standby generating plant is in operation.

(3) The customer is liable for any damage arising from the customers non­compliance with subrule (2) or from any defects in the customers standby generating system.

Precaution in execution of works

4. All work in respect of the supply of electricity which affects

(a) any street, railway, river, inigation system, drainage or water supply system;

(b) telegraphs, telephones or harbour works; or (c) any public or private work

shall, despite any other requirement, be carried out in the manner prescribed by these Rules and without danger to public or private safety.

Illegal connections

5)   (1) An electricity supply to any premises made contrary to rule 2 is i1lega1.

(2) An i11egal connection under subrule (I) sha11 be disconnected in accor­dance with the Public Utilities (Termination of Service ) Regulations, 1999 L.I. 1651.

(3) Where it is established that an i1legal connection resulted in damage to the supplier's or a third party's property, the person who made the illegal connection shall be liable for the cost of repairs or replacement of the damaged property.

Metering

6. (1) A prospective customer must provide a suitable location at the premises for the installation of, and easy access to, the supplier's meter.

(2) The supplier sha1l

(a) provide, install and maintain a meter that will measure and record the amount of electricity supplied to the customer within specified accuracy limits of that meter's class;

(b) affix the meter to the customer's premises or such other place, and position it in such a way as to a110w for easy access;

(c) ensure that the meter is robust and easy to read by the customer;

(d) ensure that the accuracy of the meter is maintained throughout its usage and in accordance with the applicable metering code;

(e) test and ifnecessary calibrate industrial customers' meters periodi­ca1ly;

(j) carry out meter revision of its distribution system for meters that have been in service for twenty years or more;

(g) seal any meter installed at the customer's premises in the presence of the customer or the customer's representative, who sha11 ensure that the seal is finally in place;

(h) where the meter becomes defective, replace the meter or provide an appropriate alternative to restore electricity supply to the customer;

(i) ensure that facilities for the purchase of units for prepayment meters are available at all of its customer service centres between the hours of8.00 a.m. to 5.00 p.m. each working day; and

(j) provide weekend facilities for the purchase of units for prepayment meters in at least one customer service centre in each operational district.

(3) Despite subrule (2) paragraph (g), a supplier may break a seal on a meter during testing, maintenance or repair and shall upon completion, reseal the meter in the presence of the customer or the customer's representative.

(4) A customer shall not tamper with or break the seal on a meter.

(5) Where a tenant in a multi- family house or apartment applies for exclusive electricity supply to that tenant's part   of the house, the supplier shall

(a) treat that tenant's application in accordance with rule 2 and

(b) connect the supply in accordance with subrules (5) and (6) of rule 2 where

(i) the tenant's apartment is rewired to isolate the tenant's circuit from that of the main house electrical installation, and

(ii) the landlord endorses the application submitted by the tenant.

(6) Where there is dispute between the landlord and the tenant regarding the tenant's application under subrule (5), the dispute shall be referred to the PURC for settlement.

Life-line customer

7. (1) A supplier may install a Load Cut-Out Limiter or energy dispenser in place of a meter on a customer's premises if the monthly electricity consumption of the customer is below the stipulated lifeline units.

(2) For the purpose of sub rule (1), the supplier may provide a Load Cut­ Out Limiter or energy dispenser that would not adversely affect or interrupt elec­tricity supply to the customer.

Quality of supply of electricity

Supply voltage

8. (1) Subject to rule 43, the supplier shall ensure that the voltage atthe point of supply to a customer's premises or electrical installation is within the following voltage levels:

(a) 230Y; (b) 400Y;

(c) llkV; (d) 33kV; or (e) 34.5kY.

(2) Any variations from the relevant standard voltage levels under subrule (1) shall be as provided in Schedule 1 to these Rules.

(3) 111e supplier shall minimize the frequent occurrence of voltage fluctuations which shall not exceed the limits in the steady state in Schedule 1.

Supply frequency

9. (1) The nominal frequency of supply shall be 50 Hz and shall not go (a) beyond the Upper limit of50+5%Hz; or

(b) below the Lower limit of50-5%Hz.

(2) The supplier is not liable for any frequency variations outside the frequency specified in subrule (1 ).

                                                                                       Power factor         .;

10. (1) A supplier shall advise an industrial customer on the appropriate steps to be taken to ensure that the customer's load power factor is within the relevant range set out in Schedule II.

(2) Pursuant to subrule (1), the customer shall within a period agreed upon with the supplier, install shunt compensators on the customers electrical system to improve the power factor and minimize line losses.

(3) The supplier shall impose a power factor surcharge to be determined by the Public Utilities Regulatory Commission, if the customer fails to install shunt compensators to improve the power factor to at least 0.9 lagging.

(4) Despite subrules (1) and (2) the supplier may install shunt compensators anywhere in the distribution system as may be necessary to minimise system line losses.

Harmonics control

11. (1) A supplier must ensure that the voltage harmonic distortions at the point of common coupling nearest to a customer's point of supply do not exceed the levels set out in Schedule ill.

(2) Despite subrule (1), the supplier shall comply with the Recommended Practices and Requirements for Harmonic Control in Electrical Power Systems, IEEE Standard 519 of 1992.

(3) A customer categorized as a bulk or industrial customer shall ensure that the voltage and current ham10nic distortions in the customer's electrical system are within the limits stated in Schedules ill and IV.

(4) Where it is apparent to the supplier that a customer's voltage and current hanTIonic distortions exceed the limits specified in Schedules in and IV, the supplier may disconnect electricity supply to the customer.

(5) The supplier must reconnect supply to the customer in accordance with subrule (3) of rule 38 after the customer has complied with the relevant limits.

Negative sequence voltage

12. (1) A supplier must ensure that the negative sequence voltage at the point of common coupling to a customer's three phase system is less than 1 % and not more than 2% for a period of five minutes in every thirty minutes.

(2) In accordance with subrule (1), the supplier shall prevent the negative sequence voltage from fluctuating above 1 % of an applicable voltage level, and when it does fluctuate above 1 %, prevent it from exceeding 2% for a period of five minutes in every thirty minutes.

Load balance

13. (1) A supplier, in supplying electricity to customers, shall ensure that the connections are made to balance the loads on the three phases of the distribution network.

(2) A customer, shall ensure that the current in each phase of the customer's three phase system, does not deviate from the average of the three phase currents by more than

(oj 5% for a standard nominal voltage up to 1 kV; or (bj 2% for a standard nominal voltage above lkV

(3) Despite subrule (2), deviations of

(aj 10% for a standard nominal voltage up to 1 kV, or (bj 4% for standard nominal voltage above 1 kV,

for periods of less than two minutes, are permissible.

Voltage fluctuations

14. (1) A supplier shall

(aj minimise voltage fluctuations on its distribution system, and

(bj not connect customers whose loads are likely to cause voltage fluctuations at the point of common coupling.

(2) A customer shall ensure that use of electricity by the customer does not adversely affect or interfere with

(aj the supplier's distribution system; and (bj the quality of supply to other customers.

(3) Where voltage fluctuations are traced to a customer, the supplier shall advise the offending customer on the appropriate solution to the problem and may after giving notice in writing, disconnect the offending customer's connection at the point of common coupling.

(4) The supplier shall reconnect the customer who has been disconnected under this rule in accordance with subrule (3) of rule 38.

Electricity interruption

Interruption for planned maintenance

15. (1) A supplier may disconnect or interrupt electricity supply to a locality or a customer for the purpose of carrying out planned maintenance, including repair and installation of new equipment.

(2) Except in a situation of emergency the supplier shall not exercise its power under subrule (1) unless the supplier informs the customer of the intended disconnection or interruption, and stipulates the approximate duration of the dis­connection or interruption through

(a) public notice, or

(b) direct contact by telephone, electronic mail, satellite phone broad­cast or any other appropriate information technology system.

(3) For the purpose of paragraph (a) of subrule (2), the public notice shall be given for a period of not less than three working days after which supply may be interrupted.

(4) Where the supplier interrupts supply, the supplier shall restore electricity supply after the stipulated period.

Emergency interruption of supply or disconnection

16. (1) A supplier may in an emergency situation disconnect or interrupt supply to a customer without notice to the customer.

(2) The supplier shall take the appropriate measures to rectify the situation and immediately advise the customer.

Load shedding

17. (1) A supplier shall not shed load unless

(a) demand is likely to exceed supply as a result of a forced outage of a generating unit;

(b) it is necessary to preserve the security of the transmission and distri­bution system;

(c) it is necessary to reinforce or rehabilitate the distribution systems; or (d) it is necessary for safety reasons.

(2) Despite sub-rule (1), a period of load shedding shall not exceed two months where the load shedding is necessary only to protect the supplier's over­loaded distribution transformer or feeder.

(3) Where the supplier decides to shed load under subrule (l), the supplier shall immediately notify the Commission and the Public Utilities Regulatory Com­mission of the intended load shedding either by

(a) telephone, or

(b) electronic mail,

followed by a notice in writing.

(4) The supplier, in addition to notifying the Commission and the Public Utilities Regulatory Commission under subrule (3), shall by a notice carried in the newspapers and on radio or television inform the public of any intended load shed­ding and its duration.

Safety of supply

18. (1) A supplier shall ensure that its distribution system is safe and efficient for the supply of electricity to its customers and shall take the precautions necessary to avoid exposing the customer or the public to exposed live electricity cables.

(2) Where a supplier becomes aware either by being informed by the public or otherwise, that its distribution system at a particular locality is faulty and may pose danger to the public, the supplier shall visit the locality and isolate the faulty part of the network within

(a) 2 hours, where the location of the fault is within a 30 kilometer radius;

(b) 4 hours, where the location of the fault is within a 60 kilometer radius; or

(c) 5 hours, where the location of the fault is within a radius 60 kilometers and above

from the district or regional office of the supplier where the information was received.

(3) The supplier shall place danger notices to warn the public of the danger. (4) The supplier shall rectify the fault and restore supply within

(a) 24 hours for LV minor faults;

(b) 48 hours for LV major faults;

(c) 48 hours for MV minor faults; and (d) 72 hours for MV major faults.

(5) A customer shall not use electricity in a manner that would make the supplier's distribution system unsafe.

Notice of outbreak of fire

19. The occupier of any premises shall, in the event of an outbreak of fire on the premises, immediately notify a fire station and the supplier.

Electricity billing

IIssue and delivery of bills

20. (I) A supplier shall, where the supplier adopts a monthly or bi-annual meter reading, issue an electricity bill every month to customers except those on prepay­ment meters, indicating the electricity usage in the month and other charges.

(2) A supplier shall issue a quarterly bill at each quarter meter reading, where the supplier adopts a quarterly meter reading.

(3) A supplier who contravenes subrule (1), (2) and (1 O)(c) commits an offence and is liable on summary conviction to a fine not exceeding 500 penalty units.

(4) A supplier shall issue a bill in respect of a metered customer after the supplier has read and taken a record of the customer's meter recordings.

(5) A supplier must deliver a bill twelve times in a year, at the address of the customer by hand, electronic mail or any other appropriate and convenient means.

(6) A customer is entitled to settle an accumulated bill by an installment payment plan agreed between the supplier and the customer. if the supplier fails to deliver a bill to the customer for a period of three months.

(7) Where the supplier and the customer are unable to agree on a payment plan, the matter shall be referred to the Public Utilities Regulatory Commission for resolution.

(8) Where a supplier fails to bill a customer for a period of twelve months, the supplier can not recover the cost of that service unless the delay in the billing occurred

(a) without negligence on the pm1 of the supplier, or (b) due to the customer's actions.

(9) Where a supplier's right to claim the cost of service to a customer is not vitiated by failure on the part of the supplier to bill the customer for a period of twelve months, the supplier shall recover the accrued cost of service by

(a) giving the customer the option to pay the shortfall by an installment payment plan; and

(b) not charging interest on the amount.

(10) A supplier shall read the meter recordings in a consistent cycle, by

adopting

(a) monthly meter reading taken on a specific day of the month;

(b) quarterly meter reading taken on a specific day of the month; or

(c) bi-annual meter reading, taken at the beginning and end of the year.

(11) Despite subrule (10), a supplier may vary the meter reading by a maxi­mum of three days.

(12) Where a supplier adopts bi-annual meter readings under subrule (8)(c), the supplier shall

(0) issue a monthly estimated bil1 to the customer;

(b) reconcile the estimated consumption with the actual consumption at the end of the bi-anuaal year; and

(c) compute the final electricity charges at the end of the bi-annual year

                       using the approved electricity tariff                                        .

(13) In computing the final electricity charges, any difference between the estimated consumption and the actual consumption shall be spread over the next six months period or any longer period as the supplier considers appropriate.

(14) Where a supplier's reading of a customer's meter is irregular and inconsistent with the usual reading cycle and as a result, the customer's bill covers a period beyond the usual billing cycle, the supplier shall adjust the energy consumption and the tariffs on a pro-rata basis.

Contents of a bill

21. A supplier shall ensure that the contents of each bill in a bil1ing cycle include (0) the name, address, locality and account number of the customer; (b) the meter number;

(c) the dates of previous and Current meter recordings or estimates; (d) the date of issue;

(e) the previous and current meter recordings or estimates;

(f) the actual or estimated electricity consumption with its appropriate

units;

(g) the approved tariff and the amount due;

(h) the payment due date;

(i) the date and amount of last payment, if any; and

OJ the amount of arrears or any other charge with the details of the service provided, credit, refundable advance and the balance brought forward.

Estimated bill

22. (1) A supplier may use an estimated consumption for billing for up to six

months, where

(a) the meter is not functioning;

(b) the meter is faulty and is registering incorrect consumption; (c) the supplier has no meter in stock;

(d) an existing meter has been tampered with; or

(e) access to the premises is denied for any reason including safety, bad weather, industrial action or locked premises

and shall inform the customer accordingly.

(2) If the problem or event in subrule (l) is remedied and the supplier is able to read the meter, the supplier shall as soon as is reasonable, reconcile the actual meter recording with the estimated electricity consumption.

(3) Where the estimated bill of a customer exceeds the customer's actual consumption by more than fifty percent, the supplier shall treat the customer in accordance with rule 28.

(4) An estimated bill shall be calculated as follows:

(a) where service has been provided for a period of twelve months or more, the amount shall be based on the average units used by the customer over the previous twelve months;

(b) where service has been provided for less than twelve months, the amount shall be based on the average units used by the customer for the period the service was provided, or

(c) where the service is new, the amount shall be based on- the esti­mated load and expected energy consumption provided by the cus­tomer to the supplier on the application form.

Bill payment

Payment procedure

23. (1) A supplier shall establish customer service outlets throughout its area of operation for

(a) payment of electricity bills; and

(b) enquiries, complaints and other services.

(2) A customer shall pay a bill by the due date to avoid disconnection of supply.

(3) Despite subrule (2), the supplier may offer different payment methods including installment payments under rule 25 to a customer who has serious finan­cial difficulties.

(4) A supplier must develop payment schemes to facilitate collection of its revenue from the sale of electricity, such as

(a) the direct debit to the customer's bank account under an agreement between the customer and the supplier; or

(b) payment on account with interest in respect of large amounts as determined by the Public Utilities Regulatory Commission.

Dishonoured payment

24. (1) Where a customer pays an electricity bill by cheque or by direct debit from an account with a bank and the cheque is dishonoured by the bank, resulting in the supplier incuning a bank charge, the supplier shall recover the bank charge !Tom the customer.

(2) Where a customer's cheque is dishonoured, the supplier may withdraw the customer's right to pay the bills by cheque.

Payment by installment

25. (1) A supplier shall, subject to subrule (3), pem1it a customer to pay the customers' bill or arrears by installments, if the customer proves to the supplier financial difficulties and inability to pay the bill.

(2) The installments may be paid concurrently with the current monthly bill. (3) The supplier may not permit a customer to pay by installment if in the previous twelve months the customer has had two installment payment plans can­celled by the supplier due to non-payment; and the customer shall remain discon­nected until full payment of the arrears has been effected.

(4) In making an installment payment offer to a customer, the supplier shall (a) take into consideration the customer's electricity usage and ability to pay, when calculating the amount of the installments and the dura­tion of payment;

(b) put in place measures to monitor the customer's electricity usage while on the installment plan;

(c) provide fair and reasonable procedures to address any possible pay­ment difficulties;

(d) make provision for the recalculation of the amount and duration of the installment payment where the difference between the customer's estimated energy consumption and actual electricity usage as read !Tom the meter may significantly affect the customer's financial standing or well-being; and

(e) explain to the customer, how the amount and duration of installment payments were computed.

Review of electricity bill

Disputed bill

26)   (l) A supplier shall review and reconcile a bill if a customer disputes the bill. (2) The customer shall pay any undisputed portion of the bill.

(3) Where the entire bill is in dispute, the customer shall pay a reasonable amount agreed between the customer and the supplier in respect of the bill until the supplier reconciles the bill.

(4) Where it is established after review that the bill is accurate, the customer shall

(a) pay the amount accrued by the due date; or

(b) request an installment payment plan in accordance with the 25.

Undercharging electrify consumption

27. (1) Where a supplier undercharges a customer, the supplier shall first infom1 the customer of the undercharge and may afterwards take steps to recover the shortfall.

(2) Where the supplier decides to recover the shortfall under subrule (I), the supplier shall

(a) give the customer the option to pay the sh0l1fall by an installment payment plan; and

(b) not charge interest on the amount.

(3) The duration of the installment payment plan under paragraph (a) of subrule (2) shall be equivalent to the period of the undercharge or a maximum period  of twelve months whichever is less.

(4) Where the supplier establishes that a customer is illegally using electricity and the use results in undercharging the customer, the supplier without limiting subl1lle (2) of rule 5, is entitled to recover the shortfall and the related penalties as determined by the Public Utilities Regulatory Commission.

Overcharging of electricity consumption

28)   (1) A supplier shall not deliberately overcharge a customer.

(2) A supplier who contravenes subl1lle (I) commits an offence and is liable on summary conviction to a fine not exceeding five hundred penalty units.

(3) Where a supplier overcharges a customer, the supplier shall

(a) take immediate steps to correct the bill; and

(b) after correcting the bill, immediately credit the account of the customer with the full amount overcharged and infom1 the customer accordingly.

(4) A customer is entitled to interest on an overcharged amount at a rate determined by the PURC, if that customer has been overcharged continuously for three months or more.

Vacation or disposal of premises

29. (I) A customer who intends to vacate or dispose of the customer's premises shall

(a) inform the supplier in writing, at least ten working days prior to vacating or disposing of the premises, for the disconnection of the supply; and

(b) provide an address to which the last bill must be sent.

(2) Subject to subrule (3), a customer who fails to comply with paragraph (a) of subrule (1) is liable to pay for electricity supplied to that customer's premises. (3) The notice to be given under paragraph (a) of subrule (1), shall be delivered personally to the supplier's premises.

(4) Where the customer gives notice of less than ten days, and the supplier is unable to disconnect the supply before the customer vacates or disposes ofthe premises, the customer is liable for payment for electricity supplied to the premises up to the date of disconnection.

(5) Where the supplier receives notice from the customer but fails to dis­connect the supply within ten days of receiving the notice, the customer shall not be liable for payment of electricity supplied to the premises after the ten days.

Advance deposit

30. (1) A supplier may request anew customer to provide an advance deposit against electricity bills starting from the date of first supply.

(2) The amount of the deposit will be calculated using the estimated monthly consumption of electricity as agreed between the customer and the supplier.

(3) The supplier may in addition to the advance deposit, request a bank guarantee in respect of industrial or commercial customers.

(4) Where an industrial or commercial customer consistently pays its bills as required over a period of twelve months, any bank guarantee provided shall cease to apply at the expiration of the twelfth month.

Refundable advance

31. (1) A supplier may request a new customer to provide a refundable advance against the actual bill and any an-ears that may accrue in respect of the premises.

(2) The refundable advance shall be double the average estimated monthly bill. (3) The supplier may offset the customer's refundable advance against any outstanding bill that is not in dispute.

(4) Where a supplier requests a customer to provide a refundable advance, the advance shall be subject to the payment of interest in accordance with section 28 of the Public Regulatory Commission Act, 1997 (Act 538).

Disconnection of supply of electricity

32. (1) Without prejudice to any provision of these Rules which provides for the disconnection of electricity, the supplier shall disconnect electricity supply to a customer only in accordance with the Public Utilities (Termination of Service ) Regu­lations, 1999 (L.l. 1651).

(2) Where a customer's electricity supply is disconnected for failure to pay a bill, the supplier shall before reconnecting the customer request the customer to pay a refundable advance in accordance with rule 31.

(3) Despite sub-rule (2) of rule 5, a customer's electricity supply shall not be disconnected by the supplier where

(a) the electricity supply to the customer's premises, through no fault of the customer, is obtained contrary to rule 2; and

(b) there is no evidence of the customer having been undercharged by the supplier.

Complaints and Dispute resolution

33. (1) A customer who is not satisfied with electricity supplied, may complain orally or in writing to the supplier.

(2) The supplier shall deal with the customer's complaint in accordance with its complaint procedures.

(3) Where the supplier fails to address the customer's complaint to the customer's satisfaction, the customer may lodge a complaint with the PURC in accordance with the Public Utilities (Complaints Procedure) Regulations, 1999 (L.l. 1665).

Demand side management

34. (I) A supplier shall monitor the demand profile on its distribution system and develop a Demand Side Management (DSM) program to control demand.

(2) A supplier shall reduce overburdening of the distribution network sys­tem and avoid making new connections to the network without first providing adequate capacity or reinforcement of the network.

(3) A supplier shall advise every customer on efficient use of electricity and provide the customer with information that will assist the customer to reduce elec­tricity costs.

Management of assets

35. The supplier shall

(a) adopt good asset management practices in respect of its equipment and property to enable it provide efficient, safe, quality and reliable supply of electricity to customers.

(b) develop and implement programs for the maintenance, operation, repair, refurbishment, acquisition and disposal of any of its assets in order to

(i) attain its performance targets, and

(ii) minimize the risk associated with failure or reduced perfor­mance of assets that would hinder efficient delivery of service to customers.

Tie-in agreement of embedded generators

36. (1) Where a supplier intends to procure electricity supply from co-genera­tion, wind power, solar power or mini hydro sources through a connection to its distribution system, the supplier shall

(0) enter into a tie-in agreement and a supply contract with the embedded generator, and

(b) comply with all provisions in these Rules, which are applicable to embedded generators.

(2) The operation of the embedded generator shall comply with the rules and regulations governing interconnection of facilities, unit commitment and dis­patching.

Electricity tariff setting and review

37. Where a supplier is due for or requests a tariff review, rules 38, 39 and 40 shall be used as a technical performance indicator by the PURC.

Rectification of faults and restoration of electricity supply

38. (1) A supplier shall rectify reported faults and restore electricity supply to a customer

(0) where minor faults occur, within (i) 24 hours, in rural areas,

(ii) 12 hours, in district capitals,

(iii) 8 hours, in cities and industrial estates, or

(b) where major faults that would require capital intensive equipment

replacement occurs, within

(i) 240 hours, in rural areas;

(ii) 120 hours, in district capitals; and

(iii) 80 hours, in cities and industrial estates, after notification of the occurrence of a distribution network fault.

(2) The periods stated in this rule shall not apply to faults associated with natural disasters.

(3) Where a customer's electricity supply is disconnected for failure to comply with subrule (3) of rule 1 the supplier shall restore electricity supply within 48 hours after the customer has complied fully with the rule.

Restoration of power supply to a disconnected customer

39. (1) A supplier shall restore electricity supply to a customer who has been

disconnected for non-payment of electricity bill or undisputed arrears within (a) 18 hours, in rural areas,

(b) 12 hours, in district capitals, and

(c) 6 hours, in cities and industrial estates after the customer has settled the bill or arrears.

(2) Without prejudice to subrules (5) and (6) of rule 2 and rule 38, the supplier shall in respect of restoration of electricity supply, achieve a minimum per­formance level of

(a) 70 percent where the distance between the supply address and the regional or district office of the supplier exceeds 30 kilometers; or (b) 60 percent where the distance between the supply address and the regional or district office of the supplier exceeds 60 kilometers.

(3) The minimum performance target levels stipulated in subrule (2) shall be increased annually by 5 percent up to a ceiling of95 percent and the supplier shall indicate in a table, the set and achievable, targets of performance.

Performance with regard to billing meters and the replacement of defective meters

40. (1) Where a supplier is required to replace a customer's defective meter, the supplier shall install the meter within 48 hours of the notification and not at the customer's expense.

(2) The supplier shall achieve a minimum performance level of75 percent in a given year and report to the Commission, the targets achieved for each year.

(3) The minimum performance level stipulated in subrule (2) shall be increased annually by 5 percent and the supplier shall report to the Commission, the set and achievable targets  of performance for each year.

Offences and penalties

41. (1) Where a supplier contravenes any obligation imposed under these Rules the Public Utilities Regulatory Commission may in consultation with the Com­mission impose such pecuniary penalty on the supplier as may be considered appropriate.

(2) A customer who,

(a) intentionally interferes or knowingly allows interference with the supplier's distribution system, meter or equipment contrary to subrule (6) of rule 1;

(b) obtains electricity supply in an illegal manner under subrule (1) of rule 5; or

(c) tampers with or breaks a seal on a meter contrary to subrule (4) of

Rule G

commits an offence and is liable on summary conviction to a fine not exceeding five hundred penalty units and in default of payment, is liable to imprisonment for a tenll not exceeding two years.

(3) Where an offence under these Rules is committed by a customer or supplier which is a body corporate, a member of a partnership or other fiml, every director or officer of that body corporate or any member of the partnership or other person concerned with the management of the customer or supplier shall be deemed to be also guilty of the offence and is on summary conviction, liable to payment of compensation for any damage resulting from the breach, unless the person proves to the satisfaction of the court that

(a) due diligence was exercised to secure compliance with the provisions of these Rules, and

(b) the offence was committed without the person's knowledge, consent or conmvance.

Interpretation

42. In these Rules unless the context otherwise requires,

"Act" means the Energy Commission Act, 1997, (Act 541);

"advance deposit" means an amount that has been lodged with the supplier by a customer as sedulity against default in the payment of electricity bill for the first three months of supply;

"approved electricity tariff' means tariff approved by PURC;

"billing cycle" means a regular recurrent time and date within which a supplier submits bills to a customer;

"certified electrician" means any person who has formal training and has obtained a tradesman's certificate in house wiring and repair of electrical appliances from a competent body or Ghana Association of Contractors;

"Commission" means the Energy Commission established under section 1 of the Act;

"commercial customer" means a person who is involved in commercial activities and contracts to purchase electricity from a supplier for commercial purposes;

"rights of an applicant with respect to capital contribution" means the right of a customer who has financed the development of a network

to obtain a refund of part of the investment from the supplier for subsequent connection of other customers to the developed net­work;

"customer" means a person that contracts to purchase electricity from a supplier,

"distribution system" means a system consisting of electric lines, trans­fonl1ers, switchgear and other ancillary equipment interconnected for the supply of electricity;

"embedded generator" means a generator whose generating uni ts are connected and synchronized to a distribution system;

"emergency" means an imminent occurrence of a situation that is out of the ordinary and that threatens to endanger a person, public safety or cause damage to property;

"IEEE" means Institute of Electrical and Electronic Engineers; "kV" means Kilovolt;

"life line unit" means the maximum quantity of electricity in units as determined by PURC for low consumption by residential customers, for which a special concessionary tariffs applicable;

"live electricity" means an exposed electrical circuit which is capable of electrocuting any living object that comes into contact with it;

"load cut out limiter" means a device installed in a customer's premises to cut off supply if the power demand for consumption exceeds a pre-determined level of current or energy;

"load shedding" means partial or total disruption of supply to customers caused by the supplier as the supplier may deem necessary to ensure safety of personnel, equipment and system integrity;

"LV" means low voltages up to 1 kVor 1000 volts, and 600 volts between phases and a neutral;

"medium voltage customer" means a customer that receives electricity

from a supplier at a supply voltage of llkV or 33kV; "multi- family house" includes a compound house;

"MV" means medium voltage;

"point of common coupling" means supply connections made to more than one customer from the same phase of a low voltage distribution system;

"point of common supply" means the first point of direct connection from an underground cable or overhead line to the premises of the customer

"prepayment meter" means a device for measuring the energy consumption of a customer by which the customer pays in advance for the con­sumption;

"reasonable amount" means

(a) where service has been provided for a period of twelve months or more, the average units used by the customer over the previous twelve months;

(b) where service has been provided for less than twelve months, the average units used by the customer for the period that the service was provided;

(c) where the service is new, sixty percent of the units used or estimated units used.

"refundable advance" means an amount that has been lodged with the supplier by a customer as security against default payments which amount if not fully utilized may be refunded to the customer;

"reinforcement" means the process of providing additional circuits to strengthen an existing electrical circuit of equipment;

"supplier" means an entity that has been licensed by the Energy Com­mission under the Act as an electricity distributor and retailer;

"supply address" means the address of the premises at which the supplier is required to make electricity available to the customer;

"tie-in" means an embedded generating unit which is connected to a distribution system and governed by terms and conditions related to unit commitment, dispatching and disconnection.

Transitional provisions

43. Notwithstanding subrules (1) and (2) of rule 8, a supplier must for the period of six years beginning with the date of coming into force of these Rules, achieve voltage levels of

(a) 195V as lower limit and 260V as upper limit within two years; (b) 207V as lower limit and 253 V as upper limit within five years.

Repeals

44. The Electricity Corporation of Ghana (Electricity and Power) Regulations 1988 (L.1. 1366) are hereby revoked.

SCHEDULE I (rule 8(3))

STANDARD NOlNINAL VOLTAGE VARIATIONS

SCHEDULE II (rule 10(1))

POWER FACTOR LIMITS

SCHEDULE III (rule 11 (1) and (3))

VOLTAGE HARMONIC DISTORTION LIMITS

                                                                                     PROF. A. K. ADDAE

                                                                             Ag. Chairman, Energy Commission

Date of Gazette notification: 19th August, 2005.

Entry into force: 14th December, 2005.

GHANA PUBLISHING CORPORATION, ASSEMBLY PRESS,

 ACCRA. GPC/AI56/300/3/2006.

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