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
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No reference to eligible clients.
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