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Guidance Notes for Licensee (ES 4/2018)- Electricity

Applicants seeking to offer any of the respective generation, transmission, distribution and/or supply services in the Electricity Sector should complete the Licence Application Form Numbered ES 4/2018.

Guidance Notes: 

  1. An application for a licence shall be submitted through our licencing port on URCA’s website or can be made in writing addressed to the Chief Executive Officer of URCA and should be submitted together with all relevant information stipulated.

2) Application forms and supporting documentation may be collected from:-

Utilities Regulation & Competition Authority

Frederick House, Frederick Street

P.O. Box N-4860

Nassau, Bahamas

or downloaded from the Office’s website at www.urcabahamas.bs, or by arrangement the Office will courier at applicant’s cost.

3) Completion and submission of applications 

  • All applications should be submitted with the prescribed fees to URCA. A receipt evidencing delivery of application will be given for each application submitted to URCA.
  • Receipts will be mailed by ordinary post to applicants who submit applications by registered post.
  • All applications and supporting material should be submitted in English. Each application must state that it is being submitted pursuant to THE EA and the Licensing Guidelines determined by URCA.
  • Applicants must submit no fewer than three (3) copies including soft copies of each application and one (1) each of the supporting documentation. URCA reserves the right to request additional copies of applications and supporting documentation.
  • Additional information may be requested by URCA or submitted by the applicant in respectbof any application at any time before the grant of a licence.
  • Each application must be accompanied by a non-refundable application fee as prescribed by URCA. A separate fee is payable in respect of each application. This payment shall be made by Credit Card, certified cheque or bank draft made payable to URCA
  • Applicants should note the disclosure requirements of the URCA Act 2015 as amended, and any Rules and Regulations made pursuant to this Act. URCA strongly recommends that applicants rely on independent legal advice in preparing applications.
  • Applicants are required to notify URCA of any change to the information submitted with the application. Notification should be done within fifteen (15) working days after the deadline for submission of applications.
  • Applicants are required to meet all costs arising from (a) the preparation and submission of applications, (b) providing any additional information requested, and (c) the processing of each application including responding to public comments and attending at, and making submissions to URCA concerning these applications. URCA will not accept responsibility or liability for such costs, regardless of whether or not a licence is granted.

4) Processing of applications 

  • Applications for licences will be published in a National Newspaper and interested parties are allowed 30 days for submitting comments to URCA.
  • All applications and supporting documentation become the property of URCA upon submission. URCA reserves the right to make public the names of corporate entities which have submitted applications as well as such information about the contents of the applications as it deems appropriate. Members of the public and other interested parties will have the right to inspect all applications and non-confidential supporting documentation and to submit comments to URCA.
  • All supporting material submitted with individual applications which may contain sensitive/confidential information concerning business or commercial or financial affairs should be submitted along with the application in a sealed envelope marked “Confidential Information”. Where URCA proposes to disclose any such information, it will give the Applicant reasonable notice and an opportunity to make representations to URCA before the URCA makes a final decision on disclosure of such information.
  • An evaluation of the Application is conducted by URCA to determine eligibility for the issuance of a licence. URCA reserves the right to conduct discussions with Applicants if necessary.
  • Applicants should be prepared to send a representative(s) to the offices of URCA to discuss their applications and supporting documentation, if requested by URCA.

5) Issuance of licensees

  • URCA is guided by the provisions of the EA and URCA’s primary objective under the URCA Amendment Act, 2015. URCA’s role is to perform its functions and exercise its powers to protect the long-term interests of the Bahamian consumers with regard to the safety, price, quality and reliability of electricity services.
  • Sections 37 and 38 of the EA outline the role and functions of URCA. These sections establish URCA as the approving agency for licences, monitoring entity of licensees, and administrator of the public register of licensees, among others.
  • Section 38(2) states that URCA may do anything that it considers necessary to fulfil its
  • functions, including issuing regulations and other measures without limitation. The EA gives URCA the remit to issue, suspend, vary or revoke licences, permits and exemptions, whenever it deems necessary. Section 51(3) of the EA also states that URCA may issue licences or exemptions “notwithstanding any law, agreement, contract, licence, or other provision in existence on the date the Act comes into operation.”
  • Together, these sections give URCA broad powers to set licensing categories as well as the criteria for granting licences in categories that it creates.
  • URCA may issue or grant a licence if satisfied that:

(a) The applicant meets the requirements in section 45 of the EA; and

(b) Specified requirements are met for each licence type in accordance with section 46 of the EA.

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