Captive Power Projects: A summary of the Western Africa regulatory environment | Page 17

Sénégal

OVERVIEW
Degree of favourability
Presence of a monopoly company
Existing opportunities. Sénégal ' s legal framework has expanded considerably in recent years to enable the development of the electricity market, becoming favourable to the development of projects based on both a self-generation model or independent producers. For the latter, electricity should transit through the transmission and / or distribution grid which is managed by a concessionaire, so the self-production model appears to be more suitable for captive power projects.
Law No. 2021-31 of 9 July 2021 put an end to the monopoly of the historic state-owned electricity company, Société Nationale d ' Electricité du Sénégal( Senelec) on the wholesale purchase of electricity. Senelec is no longer the sole purchaser at the end of its period of exclusivity. Eligible Clients, independent retailers and the distribution system operator will be able to buy electricity from independent producers.
LEGAL FRAMEWORK
Types of authorisations required and associated thresholds( if applicable)
Granting modalities( decree, order, tender...) Applicable Law( s)
Self-production
Licence required for electricity projects with an installed capacity above( i) 500 kW for thermal, hydroelectric and wind power,( ii) 1 MW for solar thermal and photovoltaic,( iii) 2 MW for biomass / waste and all other technologies.
Licences granted by order of the Ministry of Energy, on the assent of the Commission de Régulation du Secteur de l’ Energie( CRSE)
Law No. 2021-31 of 9 July 2021( Electricity Code) Decree No. 2023-286 Decree No. 2023-269 Implementing regulations No. 021 / 2023
Licence required to sell surplus production exclusively to the concessionaire( whatever the installed maximum power of all the electrical installations concerned).
Independent producers
Licence required for independent producers intending to produce and sell electricity to independent retailers, the distribution system and Eligible Clients. 11
Concession required for distribution and transmission of electricity for public use.
Licences granted by order of the Ministry of Energy, on the assent of the CRSE, following a direct agreement, a private sector initiative( offre d’ initiative privée) or an invitation to tender.
Concessions granted by order of the Minister for Energy, on the assent of the CRSE, following a direct agreement, a private sector initiative or an invitation to tender.
Electricity
Code
Decree No. 2023-269
Decree No. 2023-444 implementing Regulation No. 03 / 2024
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“ Eligible Clients” are defined as the clients allowed to directly enter into power purchase with energy producers or suppliers, depending on a minimal power threshold. This threshold is yet to be defined.
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