In executing its mandate to resolve disputes between licensees or between licensees and their consumers, the Authority implements the policy on the resolution of complaints and disputes and a guide for complainants which outlines the following;
The authority has the following dispute and complaints resolution powers in terms of section 21 read with section 40 of the Electricity Act, 2007:
The Authority handles complaints between customers and licensees and also between licensees. Customers and licensees are expected to resolve their disputes at first instance. It is when their dispute cannot be resolved that the matter should be brought to the Authority. Disputes and complaints are either mediated or arbitrated upon by the Authority at the request of licensees and their customers.
In order for the Authority to properly consider a complaint or a dispute, the applicant shall comply with the following:
Following receipt of an Application which has not been rejected on the basis that it was not properly made, the Authority will consider if it has the legal capacity to determine the complaint or dispute.
The following types of complaints shall be deemed to fall within the Authority’s jurisdiction:
Quality of service Issues
1. In certain cases, the Authority has the power to refer complaints or disputes for determination by an arbitrator in lieu of the Authority. In such cases, the Authority would expect to exercise this power as soon as possible after deciding that the complaint or dispute is within the jurisdiction.
2. The Authority will, where it considers it appropriate, conduct a preliminary review to establish whether the complaint or dispute is one which can be resolved to the satisfaction of the Parties without the need to engage in a formal determination process.
3. Where a formal determination process is required, the Authority will as soon as practicable issue to the Parties a notice which outlines the procedure that it proposes to follow for the purpose of determining the complaint or dispute (the Notice). The Notice will specify where appropriate the date by which the Authority intends that each stage of the procedure should be completed.
4. The Notice may incorporate requirements on the Parties to take specified actions – for example, to submit evidence or representations (Submissions) – and to do so by certain specified times.
5. The Parties must comply with any requirement contained in the Notice.
6. The Authority may, at any time prior to making a final determination, by notice to the Parties amend any part of the Notice, including in particular by varying the time by which certain stages of the procedure or requirements of the Parties are to be completed.
7. The Authority may decide to consolidate two or more complaints or disputes for the purpose of considering and determining them together if those complaints or disputes are submitted to the Authority at approximately the same time and:
8. Where it decides to consolidate one or more complaints or disputes, the Authority will inform all the Parties as soon as practicable that it has done so, and inform them of the effect of the consolidation on the procedure to be followed.
9. In certain cases, the Authority has the power to order the Parties to pay some or all of its costs of determining the complaint or dispute (a Costs Order). Where the complaint or dispute is one in respect of which this power is available, the Authority will draw that fact to the attention of the Parties at an early stage (which in most cases will be at the time it issues the statement as to the procedure that it proposes to follow.
10. The Authority will ordinarily consider each complaint or dispute on the basis of written submissions by the Parties
11. The Authority will:
12. The Authority may;
13. The Authority may direct that any Party enters into a legally binding agreement with any other Party to treat the Submissions of that other Party as confidential to the complaint or dispute, and oblige that Party not to disclose the submissions or any details of them to any third person.
14. The Authority may invite the Parties to respond to questions or observations of the Authority.
15. Where it considers it necessary to do so, the Authority will have recourse to any applicable legal powers to raise formal information requests in order to obtain additional information or evidence.
16. If a Party has not complied with a requirement to make Submissions by a specified time, the Authority reserves the right not to accept any Submissions made after that time and to proceed to determine the complaint or dispute on the basis of the Submissions made in compliance with the Authority’s requirements.
17. The Authority may at any time invite the Parties to comment on the accuracy of any document prepared by the Authority which summarises the facts relevant to the complaint or dispute or the representations made by the Parties.
18. In a case where it considers it appropriate to do so, the Authority may decide to allocate to different representatives of the Authority:
19. Where the Authority allocates these responsibilities to different representatives, those responsible for Case Management will:
20. Where the Authority considers it appropriate, it may call for a hearing at which the Parties, and any other select invitees (by Authority invitation only) may be invited to:
In such cases, the Authority will inform the Parties in advance of the hearing of the procedure that it intends to follow at the hearing.
21. In all cases, the Authority will ensure that, prior to the making of the final determination:
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