NERSA’s Legal Spat Over Tariff Determination with Eskom Continues

  • The National Energy Regulator of South Africa (NERSA) has published Eskom’s fifth Multi-Year Price Determination (MYPD 5) revenue application for the 2023 – 2025 financial years.
  • However, NERSA has misrepresented Eskom’s revenue application to include various matters that are still under consideration by both the courts and by NERSA itself. 

NERSA yesterday announced the timelines to process Eskom’s Fifth Multi-Year Price Determination (MYPD5) revenue application for the 2022/23 financial year in line with the High Court judgement delivered on 3 December 2021. NERSA has included matters in the determination that relate to 2023/24 and 2024/25 which is still subject to a court review application. Read NERSA’s full Media statement – timelines to process Eskom’s Fifth Multi-Year Price Determination revenue application for the 2022-23 financial year

Eskom further sought judicial review to set aside the decision of the Energy Regulator taken on 30 September 2021 to reject Eskom’s MYPD5 revenue application for the financial years 2022/23, 2023/24 and 2024/25. The court hearing for the judicial review is still to take place.

NERSA recently approved new principles for determining prices within the electricty supply industry and wants to apply the new principles in the Fifth Multi-Year Price Determination (MYPD5). Read more

The recent High Court judgement requires NERSA to process this MYPD 5 revenue application for the Financial Year 2023. Eskom argues that the remaining two years’ application is still the subject of a court review application.

Author: Bryan Groenendaal

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