Section 82: Competition and market power.

(1) The Commission shall have a continuing responsibility to monitor the Nigerian electricity supply industry in regard to its potential for additional competition and to report on this subject, each year to the Minister and until such time as the Minister has made a declaration under section 24 (3), the content of these reports shall be as prescribed by section 24 (2), thereafter, the content of these reports shall consider whether any of the regulated services in the Nigerian electricity supply industry ought to be exempted from tariff regulation.
(2) Upon a finding by the Commission that it is in the public interest, the Commission, after consultation with the Minister, shall determine when, and under what conditions, a regulated service may be exempt from tariff regulation, provided that a licence from the Commission shall continue to be required.
(3) This section shall not be construed to limit the Commission's authority to determine such matters as whether to restrict the introduction of competition to certain geographical areas or to certain licensees or customers on a temporary or permanent basis.
(4) The Commission shall determine the pre-conditions and any transitional arrangements required for a service to be offered competitively, including, codes of conduct, rules regarding access to information, access to the electric system, and constraints against undue discrimination in the offering of services.
(5) The Commission shall also have an ongoing responsibility to consider, in respect of services in competitive markets, the prevention or mitigation of abuses of market power, in its decisions and orders regarding matters such as, but not limited to, licence applications and the grant of licences; licence terms and conditions; the setting of prices and tariffs; and whether or not to approve a merger, acquisition or affiliation.
(6) In discharging its ongoing responsibility to monitor the electricity businesses and markets to determine whether there is, or may be, an abuse of market power, the Commission shall be entitled to:
(a) require information from licensees;
(b) undertake inquiries; and
(c) establish or contract with an independent entity to provide monitoring services.
(7) In the event that the Commission determines that there is an abuse of market power, it may:
(a) issue cease orders as may be required ; and
(b) levy fines not exceeding fifty million Naira.