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Regulation of the Electricity Industry in Malaysia

Outline. Brief HistoryCurrent StructureIssues

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Regulation of the Electricity Industry in Malaysia

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    1. Regulation of the Electricity Industry in Malaysia Professor Dr. Cheong May Fong Faculty of Law, University of Malaya Asian Competition Forum, Hong Kong 10 December 2007 email: cheongmf@um.edu.my @cheongmayfong

    2. Outline Brief History Current Structure Issues & Challenges 2 Paradigm & Msia’s Direction Conclusion General References

    3. Brief History 1949:Central Electricity Board (CEB) 1965:National Electricity Board (NEB) 1979:National Energy Policy 1991:Privatization Master Plan 1990:Corporatisation of NEB to Tenaga Nasional Berhad (TNB). 1993:Independent Power Producers (IPPs)

    4. Privatization Plan 3 Objectives Relieve financial and administrative burden of govt; Improve efficiency & productivity;and Reduce size & presence of public sector in the economy.

    5. National Energy Policy 3 Objectives Supply: ensure adequate, secure, cost-effective energy supply, both renewable & non-renewable; Utilization: promote efficient utilization, discourage wasteful non-productive patterns of energy consumption; and Environment: minimize negative environmental impacts of energy supply chain.

    6. Tenaga Nasional Berhad (TNB) 1990: Corporatisation of NEB to TNB 1993: Shares public listed in KLSE Controls generation, transmission & distribution of electric power 8 subsidiary companies to carry out functions

    7. Independent Power Producers (IPPs) 1993: Licenses to Build, Operate and Own (BOO) power plants First IPP: YTL Power Generation Co. Currently 21 Power Purchase Agreements (PPAs): Contributes approx 43% total installed generation capacity

    8. Current Structure TNB – Peninsular Sabah Electricity Sdn Bhd (SESB) – took over from Sabah Electricity Board in 1998. TNB now holds shares in SESB Sarawak Electricity Corp (SESCo)

    9. Related Govt Depts Prime Minister’s Dept - Economic Planning Unit: Privatization of electricity supply Ministry of Energy, Water & Comm: Energy supply industry, energy efficiency, renewable electricity energy Ministry of Rural Development: Rural electricity Energy Commission: Regulates energy supply in Malaysia (except Sarawak)

    10. Related Legislation Electricity Supply Act 1990, s 4 “The Commission shall carry out such functions & duties … (c) to promote competition in the generation and supply of electricity at reasonable prices;” Electricity Supply (Successor Company) Act 1990

    11. Related Legislation Energy Commission Act 2001, s 14 “The Commission shall have all the functions … (h) to promote and safeguard competition and fair & efficient market conduct or, in the absence of a competitive market, to prevent the misuse of monopoly or market abuse in respect of the generation, production, transmission, distribution and supply of electricity …” Lembaga Letrik Sabah Act 1983 Perbadanan Pembekalan Letrik Sarawak Act 1983

    12. Electricity Coverage

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