The Nigerian Electricity Regulatory Commission (NERC) has transferred regulatory oversight of the electricity market in Bayelsa State to the Bayelsa Electricity Regulatory Agency (BYERA). In a notice issued Monday via its social media platforms, the commission said the move was in line with the amended 1999 Constitution and the Electricity Act 2023.
“In compliance with the amended Constitution of the Federal Republic of Nigeria and the Electricity Act 2023 (Amended), the Nigerian Electricity Regulatory 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,” NERC stated.
Under the Electricity Act 2023, NERC remains the central regulator for interstate and international generation, transmission, supply, trading, and system operations. However, states that establish intrastate electricity markets can formally request a transfer of regulatory authority from NERC to their state agencies.
As part of the transfer, NERC directed the Port Harcourt Electricity Distribution Company (PHED) to set up a subsidiary to manage intrastate supply and distribution in Bayelsa. The company is required to complete the incorporation of PHED SubCo within 60 days from August 21, 2025, and obtain a distribution licence from BYERA. All transfers are expected to be finalized by February 20, 2026.
With this development, Bayelsa joins Lagos, Imo, Ogun, Ondo, Ekiti, Enugu, Niger, Edo, Oyo, and Plateau as states that now have authority to regulate their electricity markets. The state can now generate, transmit, distribute electricity, and issue licences to investors across the value chain.
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