Captive Power Projects: A summary of the Western Africa regulatory environment | Page 13

Guinea ( Conakry )

OVERVIEW
Degree of favourability
Presence of a monopoly company
Uncertain opportunities . The legal framework for the electricity sector in Guinea is still under development . Although it gives little direction , it does not lay down many prohibitions either . A reform of the electricity legal framework has been under discussion for a while .
Electricité de Guinée , a company with a majority public shareholding , is not formally in a monopoly position but remains the leading player in the Guinean electricity market .
LEGAL FRAMEWORK
Types of authorisations required and associated thresholds ( if applicable )
Granting modalities ( decree , order , tender ...)
Applicable Law ( s )
Self-production
The self-production regime only expressly regulates fossil fuel-fired power generating installations generating sets :
( i ) with a net electrical output of less than 10 kVA are subject to prior declaration ; and
( ii ) with an electrical output of 10 kVA or more intended exclusively for back-up operation , i . e . in the event of failure of the public network are subject to prior authorisation by the Minister of Energy .
With the express authorisation of the Minister of Energy , these generating units may be connected to the national power grid subject to a contract with the relevant public network concessionaire ( i . e . EDG ).
The self-production regime can be extended to higher capacities and other sources subject to engagement with the Ministry of energy on an ad hoc basis
Law No . L / 93 / 039 / CTRN of 13 September 1993
Law No . L / 2013 / 061 / CNT of 20
September 2013
Independent producers
In rural areas , an authorisation is required for the production , distribution or transmission of electricity with a maximum installed capacity of 500 kW . Above that , it seems only existing authorisation holders may apply for another authorisation .
In urban areas , a concession is required for the production , distribution or transmission of electricity 6 , subject to public tender under the public-private partnership framework .
For mining operations , mining title holders may have in their convention an authorisation to produce energy , which they can subcontract to an IPP , which would then benefit from a mining subcontractor status with tax and regulatory incentives .
Authorisations granted by order of the Ministry in charge of electric energy
Concessions signed by both the Ministry in charge of electric energy and the Ministry of Finances , following an invitation to tender
Law No . L / 2013 / 061 / CNT of 20
September 2013 Law No .
L / 93 / 039 / CTRN of 13 September 1993
Law No . 0032 / 2017 / AN of 4 July 2017
Decree No . D / 2021 / 041 / PRG / SGG of 5 February 2021
Mining Code of 9 September 2011
6
No reference to eligible clients .
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