Section 100: Interpretation.

(1) In this Act:
"affiliate" in relation to a licensee means any holding company or subsidiary of the licensee or any subsidiary of a holding company of a licensee, and, unless the Commission decides to the contrary, subsidiary status shall be presumed to arise from the ownership of or the power to vote, directly or indirectly, ten percent or more of the voting securities of such entity and holding status shall be determined accordingly;
"ancillary services" means those functions necessary for reliable operation of a power system, which may include, but are not limited to, services that would provide or permit the following:
(a) facilities scheduling, control and dispatch;
(b) reactive power and voltage: control ;
(c) frequency regulation;
(d) operating reserves; and
(e) black start ;
"Authority" means the National Electric Power Authority established pursuant to the National Electric Power Authority Act;
"Bureau of Public Enterprises" means the Bureau of Public Enterprises established pursuant to the Public Enterprises (Privatisation and Commercialisation Act);
"captive generation" means generation of electricity for the purpose of consumption by the generator and which is consumed by the generator itself and not sold to a third party ;
"Code of Conduct" means any rules established by the Commission governing behaviour, relationships, and practices between licensees and their affiliates;
"Commission" means the Nigerian Electricity Regulatory Commission established under Part III of this Act;
"Companies and Allied Matters Act" means the Companies and Allied Matters Act Cap. 59 LFN 1990, as amended;
"Competition Transition Charge" means any charge established under section 29 of this Act ;
"consumer" means any end-user of electricity who is a customer of a distribution licensee that is not an eligible customer and, for purposes of filing a complaint with the Commission and for any other reason that the Commission may determine, a person who is temporarily disconnected or otherwise without service, provided that a person who has applied for, but has yet to receive, service shall also be deemed to be a consumer;
"control area" means a transmission system or interconnected transmission systems, and interconnected generating units, bounded by metering and telemetry equipment that permits a system operator to apply a generation control scheme in order to:
a) match the electrical output of the generating stations within the control area and energy purchased from entities outside the control area, less energy sold to entities outside the control area, with the load within the control area ;
(b) maintain scheduled interchange with other control areas, within the limits of good utility practice ;
(c) maintain the frequency of the control area's electric power systems within reasonable limits in accordance with good utility practice;
(d) maintain power flows on transmission facilities within appropriate limits to preserve reliability; and
(e) provide sufficient generating capacity to maintain operating reserves in accordance with good utility practice ;
"cross subsidies" means the subsidisation of one class or group of consumers by another class or group of consumers;
"distribution" means the delivery of electricity over a distribution system;
"distribution licence" means a licence granted pursuant to section 67 ;
"distribution system" means the system of facilities, as defined by the Commission, consisting wholly or mainly of low voltage (less than 132kV) electric lines used for the distribution of electricity from grid supply points to the point of delivery to consumers or eligible customers, and includes any electrical plant and meters operated in connection with the distribution of electricity, but shall not include any part of a transmission system;
"Electricity Act" means the Electricity Act Cap. 106 LFN 1990, as amended;
"eligible customer" means a customer that is eligible, pursuant to a directive or directives issued by the Minister under section 27, to purchase power from a licensee other than a distribution licensee ;
"generation" means the production at a generating station of electric power and other generation products such as, but not limited to, reactive power ;
"generation licence" means a licence issued under section 64 ;
"generating station" means a station for generating electricity, including buildings, plant and machinery and all accessories used for that purpose and the site to be used for the station or accessories ;
"Grid Code" means instructions, rules, procedures, guidelines, etc. for the operation and planning of an interconnected power system and accounting requirements relating thereto ;
"independent power producer" means an entity that is granted a generation licence under section 64 (3) (b);
"independent system operator" means a system operator that, under section 26 (7), is not affiliated with an entity holding a transmission licence;
"initial holding company" means the company formed under section 1 ;
"initial transfer date" means the date fixed by the National Council on Privatisation under section 3 (1) ;
"land" means land, tenements, hereditaments and appurtenances, or any estate or interest therein ;
"licence" means a licence issued by the Commission under Part IV of this Act;
"licensee" means any person who holds a licence issued under Part IV of this Act;
"lifeline tariff'' means a tariff set by the Commission with prices that, incorporate cross subsidies by other customers and which may be enjoyed by such group of consumers as the Commission may designate under section 76 (5);
"local authority" means a local government, municipal council, town council, rural district council or local board;
"market power" means the ability of a seller or group of sellers to maintain prices above competitive levels, or to maintain stable prices while reducing the quality of product or service provided, for a significant period of time;
"market rules" means rules approved under section 26 (2) ;
"Land Use Act" means the Land Use Act Cap. 202 LFN 1990, as amended;
"Minister" means the Honourable Minister of Power and Steel, or any other Minister to whom the President may from time to time assign administrative functions in respect of this Act ;
"National Council on Privatisation" means the Council established under section 8 of the Public Enterprises (Privatisation and Commercialisation) Act;
"National Electric Power Authority Act" means the National Electric Power Authority Act Cap. 256 LFN 1990, as amended;
"person" includes an individual, company, partnership or any other association of individuals, whether incorporated or not;
"Power Consumer Assistance Fund" means the fund established under Part VIII of this Act ;
"Public Enterprises (Privatisation and Commercialisation) Act" means the Public Enterprises (Privatisation and Commercialisation) Act;
"relative" means spouse, child, parent, brother, sister, uncle, aunt, in-laws, cousins, and, where applicable, their spouses;
"securities" means shares, debentures, bonds and other securities of a company ;
"six geo-political zones" for the time being means North Central (consisting of Benue State, Nassarawa State, Niger State, Kogi State, Plateau State, Kwara State, FCT); North East (consisting of Bauchi State, Borno State, Gombe State, Yobe State, Adamawa State and Taraba State), North West (consisting of Kano state, Kaduna State, Katsina State, Jigawa State, Kebbi State, Sokoto State, Zamfara State), South-South (consisting of Delta State, Edo State, Rivers State, Akwa Ibom State, Cross River State, Bayelsa State ); South East (consisting of Anambra State, Abia State, Enugu State, Ebonyi State, Imo State), South West (consisting of Lagos State, Oyo State, Ogun State, Osun State, Ondo State, Ekiti State) under section 34 (3) of this Act;
"Stamp Duties Act" means the Stamp Duties Act Cap. 411 LFN, 1990, as amended;
"street" means any street, highway, or road, or any part of a street, highway or road, and includes:
(a) any bridge, ferry or pontoon over which such street, highway or road passes ;
(b) any drift in the line of such street, highway or road;
(c) any approach, culvert, cutting, dam, ditch, drain, embankment, fence, grid, guard, kerb, parapet, subway or other work or thing belonging to or connected with or forming part of such street, highway or road; and
(d) any sanitary lane or private street;
"successor company" means a successor company, formed pursuant to section 8 of this Act, to take over designated functions of the initial holding company;
"successor generating company" means the successor company that is granted a generation licence under section 64 (3) ;
"system operation" means the operation of one or more transmission systems and
"system operator" shall be construed accordingly;
"system operation licence" means a licence granted under section 66 ;
"tariff" means a tariff approved by the Commission pursuant to Part IV of this Act that specifies the prices, terms and conditions under which electricity service is to be provided ;
"temporary bulk purchase and resale licence" means a licence issued under section 68 (2) ;
"trading" means any form of marketing, brokering or intermediation in the sale of electricity, whether or not it entails the purchase of electricity for resale, or whether or not title is taken to the electricity sold;
"trading license" means a license issued pursuant to section 67 ;
"transfer order" means an order issued by the National Council on Privatisation pursuant to section 10 (1) of this Act;
"transferee" means a person to whom employees, assets, liabilities, rights and obligations are transferred by a transfer order;
"transmission" means the conveyance of electric power and energy over a transmission system ;
"transmission licence" means a licence issued under section 65 ;
"transmission system" means a system, as defined by the Commission, consisting wholly or mainly of high voltage (greater than or equal to 132kV) electric lines for the conveyance of electricity within an undertaking or from one undertaking to another, including any transmission lines, transformers, switchgear and other works necessary for and used in connection with such electrical equipment, and the buildings as may be required to accommodate the transformers, switchgear and other works; and
"undertaking" means any undertaking which generates transmits, distributes or supplies electricity, with all the assets and liabilities appertaining thereto.