Monitoring and Reporting

• Continuing Responsibility: The Commission must monitor the Nigerian Electricity Supply Industry (NESI) for potential additional competition and report annually to the Minister.
• Exemption Consideration: These reports will consider whether any regulated services in NESI should be exempt from tariff regulation.

Exemption from Tariff Regulation

• Public Interest Findings: If it is in the public interest to exempt any regulated services from tariffs, the Commission, after consulting with the Minister, will determine when and under what conditions these services may be exempt. However, a license from the Commission is still required.

Prevention of Market Power Abuse

• Abuse Mitigation: The Commission is responsible for preventing or mitigating abuses of market power, including market concentration, in its decisions on license applications, license terms, setting prices and tariffs, and approval of mergers or affiliations.

Monitoring Practices

• Information and Inquiries: To detect potential market power abuse, the Commission can:
• Require information from licensees.
• Undertake inquiries.
• Contract independent entities for monitoring services.

Addressing Market Power Abuse

• Cease Orders and Fines: If market power abuse is detected, the Commission can issue cease orders and levy fines as appropriate.