NERSA Strategic Plan: Regulation and Development of Energy Industry

1. NERSA Strategic Plan (2012/13 – 2016/17) and Annual Performance Plan (2012/13 – 2014/15) 18 April 2012

2. Introduction Framework for Strategic Plans and Annual Performance Plans Planning Concepts Vision, Mission, Values and Regulatory Principles Mandate Achievements (2011/12) Strategic Plan (2012/13 – 2016/17) Annual Performance Plan (2012/13 – 2014/15) Budget and Funding (2012/13) Challenges facing NERSA Plans for the future Conclusion CONTENT

3. The National Energy Regulator (NERSA) was established on 1 October 2005 in terms of the National Energy Regulator Act, 2004 (Act No. 40 of 2004) to regulate: Electricity industry (Electricity Regulation Act, 2006 (Act No. 4 of 2006)) Piped-Gas industry (Gas Act, 2001 (Act No. 48 of 2001)) Petroleum Pipelines industry (Petroleum Pipelines Act, 2003 (Act No. 60 of 2003)) NERSA is expected to implement its mandate and to proactively take necessary regulatory actions in anticipation of and in response to the changing circumstances in the energy industry Furthermore, in executing its mandate NERSA needs to ensure that the interest of both licensed entities and end users/consumers are balanced In terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999), NERSA is a Schedule 3A Public Entity INTRODUCTION

4. Published by National Treasury in August 2010 Applicable to all national and provincial departments, constitutional institutions and public entities in the development of their strategic plans Applicable from 2012/13 for Schedule 3A Public Entities NERSA is required to: Produce and table a Strategic Plan with a five-year planning horizon; Produce and table an Annual Performance Plan including forward projections for a further two years, with annual and performance targets, where appropriate; and Identify a core set of indicators needed to monitor institutional performance. FRAMEWORK FOR STRATEGIC PLANS AND ANNUAL PERFORMANCE PLANS

5. PLANNING CONCEPTS

6. VISION “To be a world-class leader in energy regulation” MISSION “To regulate the energy industry in accordance with government laws and policies, standards and international best practices in support of sustainable development”

7. Passion Spirit of Partnership Excellence Innovation Integrity Responsibility Professionalism VALUES

8. Underpinned by NERSA’s legal mandate Transparency Neutrality Consistency and Predictability Independence Accountability Integrity Efficiency REGULATORY PRINCIPLES

9. NERSA’s Mandate is anchored in 4 Primary Acts: National Energy Regulator Act, 2004 (Act No. 40 of 2004) Electricity Regulation Act, 2006 (Act No. 4 of 2006) Gas Act, 2001 (Act No. 48 of 2001) Petroleum Pipelines Act, 2003 (Act No. 60 of 2003) 3 Levies Acts: Gas Regulator Levies Act, 2002 (Act No. 75 of 2002) Petroleum Pipelines Levies Act, 2004 (Act No. 28 of 2004) Section 5B of the Electricity Act, 1987 (Act No. 41 of 1987) MANDATE

10. 3 Facilitating Acts: Public Finance Management Act, 1999 (Act No. 1 of 1999) (PFMA) Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (PAIA) Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000) (PAJA) MANDATE (2)

11. ACHIEVEMENTS (2011/12)

12. Tariffs Approved 177 municipal tariffs and reviewed 9 tariff applications for 2011/12; Approved a revised tariff increase for Eskom for the period 1 April 2012 to 31 March 2013 of 16% instead of the originally approved tariff of 25.9% on 9 March 2012; and Concurrence of the Energy Regulator with the determination made by the Minister of Energy in line with section 34 of the Electricity Regulation Act, 2006 (Act No. 4 of 2006) on the procurement process for renewable energy Generation Conducted national hearings on the licence applications by the 28 ‘DoE Renewable Energy IPP programme’ preferred bidders; and Granting of 5 generation licences. Distribution The mediation between the Chiawelo community and Eskom was successfully completed after the adoption of the report Testing of Disputed Electricity Prepaid Meters in Chiawelo, Soweto; and Granting of 1 distribution licence, amendment of 3 distribution licences and revocation of 1 distribution licence. ELECTRICITY INDUSTRY REGULATION

13. Distribution The mediation between the Chiawelo community and Eskom was successfully completed after the adoption of the report Testing of Disputed Electricity Prepaid Meters in Chiawelo, Soweto; and Granting of 1 distribution licence and revocation of 1 distribution licence. ELECTRICITY INDUSTRY REGULATION (2)

14. Pricing and Tariffs Approved Methodology to Approve Maximum Prices for Piped-Gas; and Three stakeholder workshops to inform stakeholders on the Methodology to Approve Maximum Prices for Piped-Gas. Licensing Granting of 5 licences for the construction of gas transmission facilities and 2 licences for the construction of gas distribution facilities; and Granting of 2 operation licences and 1 trading licence. Other Gas dialogue on hurdles facing investment in gas infrastructure; and Determination that there is inadequate competition in the piped-gas industry. This determination paves the way for the implementation of the Maximum Pricing Methodology PIPED-GAS INDUSTRY REGULATION

15. Tariffs: Approved an increase of 31.58% in allowable revenue for Transnet for the period 2012/13; and Approved storage facility tariffs for 9 licencees. Licensing Approved 3 construction licences and 1 operation licence; and Revoked 8 licences. PETROLEUM PIPELINES INDUSTRY REGULATION

16. STRATEGIC PLAN (2012/13 – 2016/17)

17. The strategic outcome oriented goals of NERSA are cascaded from the mandate and reflect the 12 National outcomes as well as those of the Department of Energy. These goals attest to NERSA’s role in facilitating the achievement of the national socio-economic and socio-political development agenda. The strategic outcome oriented goals are: To facilitate Security of Supply in order to support sustainable economic development in South Africa; To facilitate investment in infrastructure in the energy industry to support sustainable economic development in South Africa; STRATEGIC OUTCOME ORIENTED GOALS

18. To promote competitive and efficient functioning of the energy industry in order to sustain economic development in South Africa; To facilitate affordability and accessibility in the energy industry to balance economic interests of all stakeholders in support of economic development of South Africa and a better life for all; To position and establish NERSA as a credible and reliable regulator in order to create regulatory certainty. STRATEGIC OUTCOME ORIENTED GOALS (2)

19. The strategic outcome oriented goals of NERSA are linked to the following 12 National outcomes: A long and healthy life for all South Africans; Decent employment through inclusive economic growth; An efficient, competitive and responsive economic infrastructure network; Environmental assets and natural resources that are well protected and continually enhanced; and An efficient, effective and development oriented public service and an empowered, fair and inclusive citizenship. LINK TO TWELVE NATIONAL OUTCOMES

20. The strategic objectives of NERSA, expressed as the desired end state of the energy industry are stated as: A Regulatory environment that facilitates investment in energy infrastructure; Ensuring energy supply that is certain and secure for current and future user needs; Ensure that fair competition exists within the energy industry; Ensure that regulatory certainty exists within the energy industry; Ensure that energy is accessible and affordable for all citizens; and Ensure that NERSA is established and positioned as a credible and reliable regulator. STRATEGIC OBJECTIVES

21. In order to achieve its outcome oriented goals NERSA will deliver on its strategic objectives through the following structured programmes: Setting and/or approving tariffs and prices; Licensing and registration; Compliance monitoring and enforcement; Dispute resolution including mediation, arbitration and the handling of complaints; Setting of rules, guidelines and codes for the regulation of the three industries; and Establishing NERSA as an efficient and effective regulator. PROGRAMMES

22. PROGRAMME STRATEGIC OBJECTIVES (ELECTRICITY)

23. PROGRAMME STRATEGIC OBJECTIVES (PIPED-GAS)

24. PROGRAMME STRATEGIC OBJECTIVES (PIPED-GAS) (2)

25. PROGRAMME STRATEGIC OBJECTIVES (PETROLEUM PIPELINES)

26. PROGRAMME STRATEGIC OBJECTIVES (PETROLEUM PIPELINES) (2)

27. PROGRAMME STRATEGIC OBJECTIVES (CROSS-CUTTING)

28. PROGRAMME STRATEGIC OBJECTIVES (ORGANISATIONAL)

29. ANNUAL PERFORMANCE PLAN (2012/13 – 2014/15)

30. ELECTRICITY INDUSTRY REGULATION

31. NUMBER OF KPI’S PER PROGRAMME

32. Eskom Multi-Year Price Determination; Municipal tariff approvals; Implementation of inclining block tariffs; Implementation of Regulatory Reporting Manuals; and Free Basic Electricity. Programme 1: Setting and/or approval of tariffs and prices

33. Timely processing of licence applications Programme 2: Licensing and Registration

34. Conducting of compliance audits; Implementation of action plans; and Compliance with prescribed conditions. Programme 3: Compliance Monitoring and Enforcement

35. Timely processing of complaints Programme 4: Dispute resolution, including mediation, arbitration and handling of complaints

36. Grid Code administration; Development of Rules; and Analysis of Transmission development plans. Programme 5: Setting of rules, guidelines and codes for the regulation of the electricity industry

37. Establishment of end-user forums Programme 6: Setting of rules, guidelines and codes for the regulation of the electricity industry

38. PIPED-GAS INDUSTRY REGULATION

39. NUMBER OF KPI’S PER PROGRAMME

40. Approval of maximum prices; Approval of transmission and storage tariffs; Timely calculation of aggregate prices; and Timely calculation of Sasol Gas prices for compliance report on pricing provisions. Programme 1: Setting and/or approval of tariffs and prices

41. Timely processing of licence and registration applications and implementation of decisions; Investigation of industry investigated to identify unregistered import and production activities; Development of non-financial RRM; Approved implementation strategy for the gas to power component of IRP2010; Approved implementation strategy for LNG; and Research on alternate gas sources. Programme 2: Licensing and Registration

42. Assessment of volume balance reports; Conducting of audits on ROMPCO pipeline; Conducting investigations; RRM compliance; and Reports on uncommitted capacity. Programme 3: Compliance Monitoring and Enforcement

43. Timely processing of received complaints; and Timely processing of investigations. Programme 4: Dispute resolution, including mediation, arbitration and handling of complaints

44. Stakeholder workshops; and Developed, approved and implemented HDI scorecard. Programme 5: Setting of rules, guidelines and codes for the regulation of the electricity industry

45. Proposed amendments to legislation; Approved comments on draft legislation; and Stakeholder workshops. Programme 6: Setting of rules, guidelines and codes for the regulation of the electricity industry

46. PETROLEUM PIPELINES INDUSTRY REGULATION

47. NUMBER OF KPI’S PER PROGRAMME

48. Setting of pipeline tariffs; Approval of storage and loading facility tariffs; and Implementation of RRMs. Programme 1: Setting and/or approval of tariffs and prices

49. Timely processing of licence applications; and Investigation of suspected unlicensed activities. Programme 2: Licensing and Registration

50. Timely completion of assessment reports; HDSA reporting; 3rd party access reporting; and Common carrier investigations. Programme 3: Compliance Monitoring and Enforcement