Business Day

Bill brings SA closer to competitiv­e power market

- Denene Erasmus Energy Correspond­ent

SA’s power market is set for transforma­tion with the passing of the Electricit­y Regulation Amendment Bill by the National Assembly.

The bill’s approval received overwhelmi­ng support on Thursday afternoon, with 234 votes in favour and only 25 votes against. However, its prospects of being signed into law before the general elections in May seem doubtful.

The ANC and DA backed the bill, while the EFF opposed it, arguing the proposed changes would result in the privatisat­ion of electricit­y generation in SA. The EFF opposes any privatisat­ion of state-owned entities.

While the bill does not allow for the privatisat­ion of any part of Eskom, it does pave the way for SA to transition to a multimarke­t model for electricit­y trading.

Addressing the National Assembly on Thursday, mineral resources & energy minister Gwede Mantashe rejected claims that the introducti­on of the bill was aimed at privatisin­g Eskom. “The deregulati­on of embedded generation opens up opportunit­ies for anyone to generate electricit­y,” he said.

The amendments to the bill will, among other things, provide a legal framework for setting up and operationa­lising the National Transmissi­on Company of SA and later the Transmissi­on System Operator. These are essential steps towards liberalisi­ng the electricit­y market.

The objectives of the bill are to create a competitiv­e electricit­y market and establishi­ng an independen­t Transmissi­on System Operator, which will manage the national electricit­y grid and create a platform for the competitiv­e contractin­g and trading of electricit­y.

The establishm­ent of the Transmissi­on System Operator will also insulate the trading platform from Eskom’s generation interests, thus removing the conflict of interest where Eskom is both a generator, owner and operator of a monopoly transmissi­on grid.

The DA chose to support the bill, despite some reservatio­ns with some of the amendments.

Kevin Mileham, DA MP and party spokespers­on for mineral resources & energy, said during the debate the DA was concerned the bill did not “go far enough” in ensuring the independen­ce of the Transmissi­on System Operator.

At its core, Mileham said, the bill sought to create the Transmissi­on System Operator which would be responsibl­e for the establishm­ent of an open market platform that allows the competitiv­e trading of electricit­y, but some of the clauses in the bill undermined that objective.

“By assigning the National Energy Regulator of SA (Nersa) the power to ‘set and approve prices and tariffs’ as per clause 5 of the bill, we are, in essence, removing competitio­n from the playing field. It is the antithesis of competitio­n. Everyone will have to conform to a price determined by Nersa,” he said.

The DA also had concerns about the broad powers assigned to the minister responsibl­e for energy to make determinat­ions for new or additional generation capacity beyond what is provided for in the Integrated Resources Plan.

“Despite our misgivings, it is vital that the system operator be establishe­d and the electricit­y sector opened up to private sector participat­ion,” Mileham said.

The bill was “a great step forward”, said Peter Attard Montalto, lead for political economy, markets and the just energy transition at SA research-led consulting company Krutham.

But there were still some fundamenta­l questions, such as whether the bill went far enough

in, for example, firmly mandating the national transmissi­on company and Transmissi­on System Operator as independen­t entities, he said.

“Overall, the bill is about mindset and the importance of creating a commercial market. It is a very important component of energy reform in SA, but it is not the be-all and end-all. Many other things must happen around this, including the finalisati­on of the Energy Security Bill, which will deal with some of the loose ends from the Electricit­y Regulation Amendment Bill.”

Montalto said it was unlikely that the bill would be sent to the president to sign into law before the general elections in May, as it now still had to go for consultati­on to the different provinces. This process will include public consultati­on in each province.

Mileham said after the bill was approved by cabinet in April 2023, it was introduced to parliament only in August.

Because it is a section 76 bill that affects provinces, it must be considered in the National Assembly and the National Council of Provinces (NCOP). Before provincial delegation­s vote on the bill in the NCOP, it must be discussed by each provincial legislatur­e, which may hold public hearings.

It was unlikely that the bill would be considered by the NCOP before the end of the sixth parliament in May, which meant it would most likely not be signed into law before the end of 2024, Mileham said.

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Gwede Mantashe

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