Electricity Industry in Sri Lanka prior to 2002 A Presentation by participants from SRI LANKA

Electricity Industry in Sri Lanka prior to 2002 Electricity Act, No.19 of 1950 + Regulations Ceylon Electricity Board Act, No.17 of 1969 + amendments

Since 2002 Electricity Reform Act of 2002 Public Utilities Commission of Sri Lanka Act of 2002

Evolution process From Inbuilt-regulatory mechanism + non-specific regulator To independent regulatory regime + specific regulatory commission

Overview of Legal Issues in Regulatory Reforms The current status of energy regulation The degree of judicial involvement in the Commissions decisions

Current status of energy regulation four pronged Economic Technical Safety General

Economic regulation Regulation of tariffs and other charges Setting of standards for metering services Protection of interest of customers Prices & other terms of supply of electricity Continuity of supply Quality of electricity supply service Protection of rights of customers against unfair trade practice

Technical regulation Technical and operational codes of standards Standards of performance

Safety regulation Setting & enforcing technical & other standards on Quality Continuity Reliability in supply Protection of rights of customers against marketing goods and services hazardous to life & property

General regulation Anti-competitive practice Monopolies Acquisitions Abuse of a dominant position Merger situation

Enforcement mechanism of regulatory powers Imposition of conditions for licence monitoring the compliance Issue of Enforcement Order Inspection & testing by Electrical Inspectors of plants & machinery

Degree of judicial involvement in Commission’s decisions At the instance of an affected party (customer) At the instance of the licensee At the instance of the Commission

Customer Contravention of an Enforcement Order by licensee On wayleave, against the decision of Commission if or not compensation payable & on quantum Against the order or award by the Commission at conclusion of Public hearing

Licensee Modification of conditions of a licence by the Commission without agreement on the part of generation, transmission or distribution licensee

Commission On application for injunction to secure compliance with an Enforcement Order On its decision that a dispute be determined by the court

S.C.Decision on the Bills The Commission is neither a judicial tribunal nor an institution contemplated in Art.105(1)(c) of the Constitution Members of the Commission are not judicial officials