Mkpoikana Udoma
Port Harcourt — The Nigerian Electricity Regulatory Commission, NERC, has formally transferred regulatory oversight of the electricity market in Bayelsa State to the Bayelsa State Electricity Regulatory Agency, BYERA, in line with the amended Constitution and provisions of the Electricity Act 2023.
With the new framework, Bayelsa joins the growing list of states exercising authority over intrastate electricity operations, while NERC retains its role as the central regulator with jurisdiction over interstate and international generation, transmission, trading, and system operations.
In its transfer order, NERC directed the Port Harcourt Electricity Distribution Company, PHED, to incorporate a subsidiary, PHED SubCo, which will assume responsibility for intrastate electricity supply and distribution in Bayelsa State.
According to the Commission, PHED is required to complete the incorporation of the subsidiary within 60 days from 21st August 2025. The new entity will then be mandated to apply for, and obtain, an operational licence from BYERA to function as the state’s regulated electricity distributor.
“All transfers envisaged by this order shall be completed by 20th February 2026,” NERC stated.
The Electricity Act 2023, which decentralised electricity regulation, allows states to establish their own regulatory agencies and seek formal transfer of oversight from NERC for intrastate electricity markets.
For Bayelsa, the development marks a critical milestone in the state’s pursuit of energy independence and tailored regulation that addresses local power supply challenges. BYERA will now be responsible for licensing, tariff setting, monitoring, and compliance within the state’s electricity market.
The Commission noted that the order aligns with the intent of the Electricity Act 2023 to deepen subnational participation in Nigeria’s electricity reforms, attract investments into local markets, and expand access to reliable power across states.
