Executive
Council Resolution No. (46) of 2014
Regulating
the Connection of Photovoltaic Generation Units to the
Power
Distribution System in the Emirate of Dubai[1]
ـــــــــــــــــــــــــــــــــــــــــــــــ
We, Hamdan bin Mohammed bin Rashid Al Maktoum,
Crown Prince of Dubai, Chairman of the Executive Council,
After perusal
of:
Law No. (2)
of 1994 Concerning Protection of the Public Electricity and Water Network;
Law No. (3)
of 2003 Establishing the Executive Council of the Emirate of Dubai;
Law No. (19)
of 2009 Establishing the Supreme Council of Energy;
Law No. (6)
of 2011 Regulating Participation of the Private Sector in Electricity and Water
Production in the Emirate of Dubai;
Decree No. (1)
of 1992 Establishing the Dubai Electricity and Water Authority and its
amendments;
Decree No. (22)
of 2009 Concerning Special Development Zones in the Emirate of Dubai;
Executive
Council Resolution No. (2) of 2010 Establishing the Regulation and Supervision
Bureau for the Electricity and Water Sector in the Emirate of Dubai; and
The legislation regulating free zones in the
Emirate of Dubai,
Do hereby issue this Resolution.
The following words and expressions, wherever
mentioned in this Resolution, will have the meaning indicated opposite each of
them unless the context implies otherwise:
|
Emirate: |
The Emirate of Dubai. |
|
SCE: |
The Supreme Council of Energy. |
|
DEWA: |
The Dubai Electricity and Water Authority. |
|
CEO: |
The managing director and chief executive officer of
DEWA. |
|
Transmission System: |
A DEWA system made of high voltage cables and
electric facilities and structures owned or operated by DEWA, used for
transmission of power from the main power generation station to sub-stations
or to power generation units. |
|
Connection: |
The connection of a Generation Unit to the
Distribution System. |
|
Generation Unit: |
One or more units that generate electric power exclusively
from Solar Power for a single Consumer Account. |
|
Distribution System: |
A DEWA system which consists, without limitation, of
an electric power grid of up to 33 kV, lines and cables, sub-stations, inverters
installed on posts, and analogue electric components such as resistors,
inductors, capacitors, and electric switches, which are used to supply
electricity to consumers from the Transmission System. |
|
Solar Power: |
The electricity generated from light radiating from
the sun. |
|
Person: |
A natural person or a private or public legal
person. |
|
Producer: |
Any Person, excluding DEWA, who generates electric
power from Solar Power, and connects it to the Distribution System in
accordance with the provisions of this Resolution. |
|
Consumer Account: |
An account used to measure, through a meter designated
for this purpose, the quantity of electric power imported from the Distribution
System to a specific real property unit. |
|
Imported Electric Power: |
The electric power consumed by a Producer which is imported
from the Distribution System through one or more Consumer Accounts owned by
the Producer within a land plot. |
|
Exported Electric Power: |
The electric power generated and exported by the Producer
to the Distribution System through a Generation Unit. |
|
Surplus Electric Power: |
The surplus electric power resulting from the
Exported Electric Power exceeding the Imported Electric Power during a
specific period. |
|
Connection Agreement: |
An agreement entered into by DEWA and a Producer which
contains the rules and terms for operating a Generation Unit and connecting
it to the Distribution System. |
|
Annual
Connection Limit: |
The upper
limit of electric power annually set by DEWA throughout the Emirate for the supply
of the Distribution System with Electric Power generated from Solar Power. |
|
Connection Terms: |
The requirements and standards approved by DEWA that
must be satisfied by a Producer for connecting a Generation Unit to the
Distribution System, including safety, health, environment, and quality
standards. |
a. This Resolution will apply to all Producers
who have Consumer Accounts in the Emirate, including Special Development Zones
and free zones such as the Dubai International Financial Centre.
b. This Resolution will not apply to projects or
contracts governed by the above-mentioned Law No. (6) of 2011.
This Resolution aims
to:
1. create a legislative framework that regulates
the process of connecting Generation Units to the Distribution System;
2. contribute to the achievement of the Emirate’s
vision of becoming a smart city;
3.
encourage
community members and institutions to
produce electric power from Solar Power;
4.
contribute to the diversification of power sources by increasing the share
of renewable energy in producing electric power;
5.
contribute to
environment protection by reducing the Emirate’s carbon footprint; and
6.
encourage the
development of the green economy in order to achieve sustainable development in
the Emirate.
For the purposes of achieving the objectives of this Resolution,
DEWA will have the duties and powers to:
1.
establish the
general policy for producing electric power from Solar Power in the Emirate,
and submit it to the SCE for approval;
2.
determine
the Annual Connection Limit;
3.
approve
the Connection Terms, and review these on a regular basis;
4.
approve
standard Connection Agreements, review these on a regular basis, and conclude Connection
Agreements with Producers;
5.
determine
the upper limit for the Electric
Power that a Producer may export to the Distribution System;
6.
determine
the method in which the Surplus
Electric Power exported to the Distribution System will be disposed of;
7.
audit and
supervise Producers, verify their compliance with the provisions of this
Resolution and with the Connection Agreements concluded with them, and impose appropriate
penalties and measures on violators;
8.
create a
database of Producers in the Emirate; and
9.
perform any
other duties required for the achievement of the objectives of this Resolution.
A Person in the Emirate may connect his Generation Unit to the
Distribution System only after obtaining DEWA’s prior approval. Such approval
will be granted in accordance with the Connection Terms and with the provisions
of this Resolution.
a.
A Person
wishing to connect his Generation Unit to the Distribution System must submit a
request to conclude a Connection Agreement on the relevant form prescribed by
DEWA, accompanied by all documents required by DEWA.
b.
A Producer may assign to a third party his rights and
obligations arising from the Connection Agreement only after obtaining DEWA’s prior
approval.
A Producer will bear all the
costs of the Connection. These costs will be estimated by DEWA, and such estimation
will be final.
A Producer must:
1.
prior to
installing Generation Units and connecting them to the Distribution System, obtain
approval from competent entities in the Emirate in charge of licensing
buildings and classification of land use;
2.
meet
all requirements and supply all equipment required for
installing Generation Units and connecting
them to the Distribution System, as determined by DEWA, including security and
safety requirements and electric power meters;
3.
comply
with Connection Agreement terms and Connection Terms, and any other relevant
terms approved by DEWA;
4.
not
exceed the upper limit of electric power he is authorised by DEWA to export to the Distribution System;
5.
not perform
any act that may affect the safety and efficiency of the Distribution System;
and
6.
cooperate
with DEWA employees in respect of the provisions of this Resolution, including allowing
them to measure the quantity of Exported
Electric Power.
Consumption and export of electric power generated
through a Generation Unit are subject to the following conditions:
1.
The electric power
generated by a Generation Unit in a real property having a single Consumer
Account must be consumed within this real property. Where a Producer has more
than one Consumer Account, the electric power generated in the real property
units located on the same land plot to which those accounts relate must be
consumed by these units.
2.
Where
the quantity of generated electric
power exceeds the quantity of consumed electric power, the electric power
generated by a Generation Unit will be exported to the Distribution System in
accordance with the provisions of this Resolution and the Connection Agreement.
3.
Exported
Electric Power units will be set off against Imported Electric Power units for
the same period of the utility bill issued for a Consumer Account. The account will
be adjusted based on such set-off.
4.
Where
Exported Electric Power units exceed the Imported Electric Power units for the period
of an issued utility bill, the Exported Electric Power units will accrue to the
Producer’s account with DEWA for the purpose of setting off such units against Imported
Electric Power units in subsequent utility bills.
5.
A Producer will
not be entitled to any amounts of money in return for Surplus Electric Power.
He will only be entitled to a set-off between such surplus and Imported Electric
Power in accordance with this Article and the relevant rules approved by DEWA.
a.
DEWA may, as
it deems appropriate, vary Connection Terms and announce such variation in any
manner it deems appropriate. Unless DEWA determines a different date, such variation
will be deemed valid after the lapse of thirty (30) days from the date of such
announcement.
b.
DEWA may
increase or reduce the Annual
Connection Limit to ensure safety and efficiency of the Distribution System.
Where the safety and security of the
Distribution System or the general power grid of the Emirate are compromised, DEWA
may, at any time, disconnect a Generation Unit from the Distribution System,
and take any of the measures stipulated in the above-mentioned Law No. (2) of
1994.
Where a Producer fails to comply with this Resolution or breaches
his Connection Agreement or any of the Connection Terms, DEWA must serve a notification
on the violator, which must:
1.
state the
nature of violation;
2.
determine the
deadline for remedying the violation; and
3.
determine the
measures and actions that DEWA will take in case of failure to remedy the violation
within the deadline.
a.
Without
prejudice to any stricter penalty stipulated in any other resolution, a Person
who commits any of the acts stated in the Schedule attached to this Resolution
will be punished by the fine indicated opposite that act unless he complies
with the notification of violation served on him in accordance with Article
(12) of this Resolution.
b.
The minimum
and maximum amount of the fine that must be imposed on the violating party will
be determined by a committee formed by the CEO for this purpose, and in accordance
with the rules and regulations approved by the CEO in this respect.
c.
Upon repetition
of the same violation within one (1) year from the date of the previous
violation, the amount of the fine referred to in paragraph (a) of this Article
will be doubled, provided that the fine does not exceed one hundred and fifty thousand
Dirhams (AED 150,000.00).
d.
In addition
to the penalty of a fine prescribed in this Resolution, DEWA may take one or
more of the following measures against a violating entity:
1.
suspending
the Connection Agreement for a period not exceeding three (3) months; and/or
2.
revoking the Connection
Agreement.
e.
The penalties
and measures stipulated in this Article do not prejudice DEWA’s right to claim
compensation from a violating entity for any damage sustained by the
Distribution System as a result of such violation.
DEWA employees and inspectors nominated pursuant
to a resolution of the CEO will have the capacity of law enforcement officers
to record the acts committed in breach of the provisions of this Resolution
and the resolutions issued in pursuance hereof. For this purpose, they may issue
the necessary violation reports.
Any affected party may submit a written
grievance to the CEO against any procedure or measure taken against him in
accordance with this Resolution or the resolutions issued in pursuance hereof,
within thirty (30) days from the date of being notified of the contested
procedure or measure. The grievance will be determined by a committee formed by
the CEO for this purpose, within thirty (30) days, and the decision issued by
such committee on the grievance will be final.
Fines and costs collected pursuant to this Resolution will be paid to DEWA.
All Producers existing by the effective date
of this Resolution must comply with the provisions of this Resolution within no
later than six (6) months from the date on which this Resolution comes into
force.
The CEO will issue the resolutions required
for the implementation of the provisions of this Resolution.
Any provision in any other resolution will be repealed to the
extent that it contradicts the provisions of this Resolution.
This Resolution will be published in the Official Gazette and will
come into force on the day on which it is published.
Hamdan bin Mohammed bin Rashid Al Maktoum
Crown Prince of Dubai
Chairman of the Executive Council
Issued
in Dubai on 7 December
2014
Corresponding
to 15 Safar 1436 A.H.
|
SN |
Violation |
Fine (in Dirhams) |
|
|
Minimum |
Maximum |
||
|
1 |
Breaching the Connection Agreement |
3,000.00 |
30,000.00 |
|
2 |
Failure to comply with the Connection Terms and any
other relevant terms approved by DEWA |
3,000.00 |
30,000.00 |
|
3 |
Exceeding the upper limit of electric power that may
be exported to the Distribution System |
6,000.00 |
60,000.00 |
|
4 |
Committing an act that may affect the safety and
efficiency of the Distribution System |
7,500.00 |
75,000.00 |
|
5 |
Failure to cooperate with DEWA employees or
obstructing their work |
1,500.00 |
15,000.00 |
© 2015 The Supreme Legislation Committee in the Emirate of Dubai
[1]Every
effort has been made to produce an accurate and complete English version of
this legislation. However, for the purpose of its interpretation and
application, reference must be made to the original Arabic text. In case of
conflict the Arabic text will prevail.