The Nigerian Electricity Regulatory Commission (NERC) has transferred regulatory oversight of the electricity market in Bayelsa State to the Bayelsa State Electricity Regulatory Agency (BYERA).
The electricity market operator in a Monday post on X said the development is in line with the amended Constitution of the Federal Republic of Nigeria and the provisions of the Electricity Act (EA) 2023.
Under the EA 2023, which was created to give states more control over managing electricity supply in their areas, states are empowered to regulate electricity generation, transmission, and distribution within their boundaries.
“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),” NERC’s statement read in part.
The Commission said it had directed the Port Harcourt Electricity Distribution Company Plc (PHED) 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.
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The Commission emphasised 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.
Recall that in 2025, NERC transferred electricity market regulation to several states, including Abia from the Commission to the Abia State Electricity Regulatory Authority (ASERA) and Plateau State from the Commission to the Plateau State Electricity Regulatory Commission (PSERC), and Niger State to the Niger State Electricity Regulatory Commission (NSERC).
Also, in August, NERC officially transferred regulatory oversight of the electricity market in Nasarawa State to the Nasarawa State Electricity Regulatory Commission (NASERC).
It 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.
In 2024, the Federal Government, through the NERC, transferred regulatory oversight of the electricity market in Lagos State to the newly established Lagos State Electricity Regulatory Commission (LASERC).
