Efficient Management Electrical Energy Regulations 2024

These Regulations come into operation on 3 January 2024.

Interpretation

any installation which receives electrical energy from a licensee a total electrical energy consumption equal to or exceeding 3,000,000kWh as measured at one metering point or more over any period not exceeding six consecutive months; or

any installation which is used, worked or operated by a private installation licensee with a total net electrical energy generation equal to or exceeding 3,000,000kWh over any period not exceeding six consecutive months.

For the purposes of subregulation (1) and wherever mentioned in these

Regulations —

The fees referred to in subregulation (1) shall be paid to the Commission by such means and in such manner as the Commission may determine from time to time.

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A licensee who supplies electrical energy to any installation under paragraph 3(2)(b) shall submit to the Commission information or documents regarding the names and particulars of consumers whose total electrical energy consumption over any period not exceeding six consecutive months equals to or exceeds 3,000,000kWh, not later than one month after the expiry of the period of six consecutive months from the date the electrical energy supply is connected to the installation by the licensee.

A private installation licensee under paragraph 3(2)(c) shall submit to the

Commission information or documents regarding the total net electrical energy generation over any period not exceeding six consecutive months that equals to or exceeds 3,000,000kWh, not later than one month after the expiry of the period of six consecutive months from the effective date.

A private installation licensee under paragraph 3(2)(d) shall submit to the

Commission information or documents regarding the total net electrical energy generation over any period not exceeding six consecutive months that equals to or exceeds 3,000,000kWh, not later than one month after the expiry of the period of six consecutive months from the date the installation starts to generate electrical energy.

Notwithstanding subregulations (1) to (4), the Commission may, at any time by way of a written notice, direct any licensee or private installation licensee to provide, within the time as specified in the notice, any information or document as the Commission may require.

Any licensee or private installation licensee who is required to provide information or documents under this regulation shall ensure that the information

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or documents provided are true, accurate and complete and shall provide a representation to that effect, including a representation that he or it is not aware of any other information which would make the information provided untrue or misleading.

Any licensee or private installation licensee who —

to appoint or designate a registered electrical energy manager to carry out the functions and duties under regulation 16 at the installation;

to submit a written confirmation of such appointment or designation under paragraph (a) to the Commission containing the name and particulars of the registered electrical energy manager as well as the date of expiry of his registration as an electrical energy manager;

to submit information regarding —

the statement of policy for efficient electrical energy management of the installation;

to submit the report in Form A of the Second Schedule that has been duly signed; and

to submit any other information which the Commission may require.

The private installation licensee or consumer shall upon submitting the information and report under paragraphs (1)(c), (d) and (e) include a declaration by the registered electrical energy manager for the installation in Form B of the

Second Schedule.

Any private installation licensee or consumer required to submit the information and report under subregulations (1) and (2) shall ensure that the information and report submitted are true, accurate and complete and shall provide a representation to that effect, including a representation that he or it is not aware of any other information which would make the information and report that is provided untrue or misleading.

Any private installation licensee or consumer who —

the information as required under paragraphs 6(1)(a) and (b) not later than three months from the date of the written notice; and

the information and report as required under paragraphs 6(1)(c), (d) and

and the declaration under subregulation 6(2) not later than thirty days after the expiry of six consecutive months from the end of the period specified in paragraph 7(1)(a).

The private installation licensee or consumer shall continue to submit to the

Commission —

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Any private installation licensee or consumer who fails to comply with subregulation (1) or (2) commits an offence under these Regulations.

Additional information

Any private installation licensee or consumer who fails to comply with subregulation (1) commits an offence under these Regulations.

Review

that the total net electrical energy generation or total electrical energy consumption for the reported period in Form A of the Second Schedule is below 3,000,000kWh;

that the private installation licensee or consumer has fully complied with the requirements of these Regulations; and

any other reason which the Commission deems fit to show efficient management of electrical energy at the installation for the reported period as in Form A of the Second Schedule.

The Commission shall, after reviewing the obligations of the private installation licensee or consumer under subregulation (1), by written notice notify the private

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installation licensee or consumer that he or it is no longer required to further submit the information and report as specified in regulation 6.

The private installation licensee or consumer who is served with the written notice under subregulation (2) shall cease to submit the information and report as specified in regulation 6 with effect from the date of the notice.

Withdrawal

the total electrical energy consumption or total net electrical energy generation at the installation over any period of six consecutive months after the date of issue of the notice equals to or exceeds 3,000,000kWh;

or

for any other reason as the Commission deems fit, it is satisfied that the private installation licensee or consumer has not practised efficient management of electrical energy at the installation after the date of issue of the notice.

Any private installation licensee or consumer to whom the written notice issued under subregulation 9(2) is withdrawn in pursuance of subregulation (1), shall become subject to these Regulations with effect from the date of withdrawal of the notice.

Any withdrawal of the written notice issued under subregulation 9(2) by the

Commission shall be in writing and served upon the private installation licensee or consumer.

Any person who fails to comply with subregulation (1) commits an offence under these Regulations.

Qualification requirements

he is a Malaysian citizen aged 23 years and above who —

holds a certificate of registration as a Professional Engineer under the Registration of Engineers Act 1967 [Act 138] and possesses at least six months working experience in the efficient management of electrical energy at an installation;

he demonstrates knowledge of the requirements of the Enactment and these Regulations that satisfies the Commission.

Without prejudice to subregulation (1), the Commission may require any person to attend an interview to be conducted or caused to be conducted by the Commission on a date and at a location to be determined by the Commission to ascertain his qualifications.

Application for registration

the application fee as prescribed in the First Schedule; and

any information and documents to substantiate the fact that the applicant has a proven track record as an electrical energy manager, or evidence to show that despite the lack of a track record, he has the necessary knowledge, skill and expertise to efficiently manage electrical energy.

Upon receipt of an application under subregulation (1), the Commission may, by written notice, require the applicant to submit any additional information or documents and the applicant shall comply with such requirement within the period as specified by the Commission.

If any additional information or documents as required under subregulation (2)

is not provided by the applicant within the period as specified by the Commission, the application shall be deemed to have been withdrawn by the applicant and shall not be further proceeded with, but such withdrawal shall not affect the right of the applicant to make a fresh application.

Issuance of certificate of registration

Where the application is approved, the Commission shall register the applicant as an electrical energy manager, and upon payment of the fee as prescribed in the

First Schedule, issue a certificate of registration.

Where the application is refused, the Commission may, upon the request of the applicant, provide reasons in writing to the applicant for such refusal.

The certificate of registration shall be in Form C of the Second Schedule, and the Commission may stipulate in the certificate any conditions or restrictions in respect of the registration.

Medical evidence of fitness of applicant

he shall be responsible —

to audit and analyse the total electrical energy consumption or total net electrical energy generation at the installation, including the significant end use of electricity;

he shall supervise the keeping of records on efficient management of electrical energy at the installation and verify its accuracy; and

he shall ensure that the private installation licensee or consumer submits the information and report under paragraphs 6(1)(c), (d) and (e) within the periods as specified in regulation 7.

Validity period of registration and renewal

Where the person who is registered under subregulation (1) intends to continue to do any work, act or thing for which such registration is required after the expiry of the period of his registration, he shall, at least two months before the date of expiry of his registration, renew his registration.

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The Commission shall renew the registration of an electrical energy manager if the Commission is satisfied that —

he has contravened or failed to comply with any provision of the

Enactment or these Regulations;

he has obtained the certificate of registration by making or causing to be made any false or fraudulent declaration, certification or representation, either in writing or otherwise;

he has used the certificate of registration for a purpose that differs from that for which it was issued or in a manner that is intended to mislead or deceive the public; or

he has failed to carry out the functions and duties as specified in regulation 16.

Where the Commission intends to cancel the certificate of registration under subregulation (1), the Commission shall notify the registered electrical energy manager in writing of its intention.

The registered electrical energy manager shall within fourteen days from the date of issue of the written notice under subregulation (2) provide a written submission to the Commission stating the reasons why his certificate of registration should not be cancelled.

The Commission shall give due consideration to the written submission made by the registered electrical energy manager before making any decision.

Where the Commission, after giving due consideration to the written submission, cancels the certificate of registration, the Commission shall issue a

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notice of cancellation to the registered electrical energy manager together with the reasons for the cancellation.

The cancellation of the certificate of registration shall take effect on the expiry of twenty-one days from the date of the notice of cancellation.

Notwithstanding subregulation (1), where the Commission is of the opinion that urgent action is required to protect the interest of the public and that action relates to the functions and duties of the registered electrical energy manager, the

Commission may immediately cancel the certificate of registration issued to the registered electrical energy manager by serving upon him a notice of cancellation.

The Commission shall delete from the register the name and particulars of every registered electrical energy manager whose certificate of registration has been cancelled under regulation 18.

Replacement of certificate of registration

An application made under subregulation (1) shall be accompanied with —

Where the Commission is satisfied that the loss or defacement of the certificate of registration was not the result of any fraud or negligence, the Commission may issue a replacement certificate of registration with the word “DUPLICATE” endorsed on it.

Certified true copy of certificate of registration

Upon payment of the application fee as prescribed in the First Schedule, the

Commission shall provide a certified true copy of the certificate of registration to the registered electrical energy manager concerned.

General penalty

A notice which is sent by registered post shall be deemed to have been served on the person to whom it is addressed on the day succeeding the day on which the notice would have been received in the ordinary course of post, if it is addressed —

I have been given sufficient access to the records of the private installation licensee/

consumer* to enable me to confirm the report in Form A of the Second Schedule;

To the best of my knowledge and belief, the report in Form A of the Second Schedule was well prepared based on the actual implementation of efficient management of electrical energy improvement measures at the installation for the reported period;

I have evaluated the efficient management of electrical energy performance and costs at the installation; and

(any other information deemed suitable)

Date:

SIGNED BY: …………………………………..

(Name) ………………………….

(Registration No.) ………………

Note: