The Nigerian Electricity Regulatory Commission (NERC) has officially transferred regulatory oversight of the electricity market in Bayelsa State from the Commission to the Bayelsa State Electricity Regulatory Agency (BYERA).
The announcement was made via NERC’s official X (formerly Twitter) handle on Monday.
This development is in line with the amended Constitution of the Federal Republic of Nigeria and the provisions of the Electricity Act (EA) 2023, which empowers states to regulate electricity generation, transmission, and distribution within their boundaries.
The NERC’s statement read in part, “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).”
According to NERC, the Port Harcourt Electricity Distribution Company Plc (PHED) has been directed to incorporate a new subsidiary, PHED SubCo to assume responsibilities for intrastate supply and distribution of electricity in Bayelsa State from PHED.
“PHED shall complete the incorporation of PHED SubCo within 60 days from 21st August 2025,” NERC said.
Upon completion, PHED SubCo must obtain a licence from BYERA, among other directives.
NERC stated that all regulatory and operational handovers should be concluded by 20th February 2026.
The Commission 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 in Bayelsa is the latest in a series of state-level regulatory handovers initiated by NERC under the EA 2023, which was created to give states more control over managing electricity supply in their areas.
NERC also issued similar transfer orders for Ogun, Ekiti, and Ondo states, handing over regulatory authority to the Ogun State Electricity Regulatory Commission (OGERC), Ekiti State Electricity Regulatory Bureau (EERB), and Ondo State Electricity Regulatory Bureau (OSERB), respectively.