Nigerian Electricity Regulatory Commission (NERC) has transferred regulatory oversight of the electricity market in Bayelsa State to the Bayelsa State Electricity Regulatory Agency (BYERA).
Gatekeepers News reports that the development is in line with the amended Constitution of the Federal Republic of Nigeria and the provisions of the Electricity Act (EA) 2023.
According to NERC, the transfer is aimed at giving states more control over managing electricity supply in their areas. The Commission stated, “In compliance with the amended Constitution of the Federal Republic of Nigeria (CFRN) and the Electricity Act 2023 (Amended), the Nigerian Electricity Regulatory Commission (“NERC” or the “Commission”) has issued an order to transfer regulatory oversight of the electricity market in Bayelsa State from the Commission to the Bayelsa State Electricity Regulatory Agency (BYERA).”
As part of the transfer, NERC has directed the Port Harcourt Electricity Distribution Company Plc (PHED) to incorporate a new subsidiary, PHED SubCo, to assume responsibilities for intrastate supply and distribution of electricity in Bayelsa State. The Commission stated, “PHED shall complete the incorporation of PHED SubCo within 60 days from 21st August 2025.” Upon completion, PHED SubCo must obtain a licence from BYERA.
NERC emphasized that while states now have the right to regulate intrastate electricity markets, it will retain its role as the central regulator overseeing interstate and international electricity generation, transmission, trading, and system operations. The transfer is expected to be completed by February 20, 2026.
This development is part of a larger trend, as NERC has transferred electricity market regulation to several states, including Abia, Plateau, Niger, Nasarawa, Ogun, Ekiti, Ondo, and Lagos states.
The Electricity Act 2023 empowers states to regulate electricity generation, transmission, and distribution within their boundaries, marking a significant shift in the country’s electricity regulatory landscape.
