39.
(1) Regulation may be made under this Act prescribing the standards of performance to be attained distribution licensee in connection with the supply electricity, and the provision of electricity supply services, tariff customers. |
|
(2) Different standards may be prescribed in respect different distribution licensees. Having regard to any special circumstance or conditions in or subject to which those distribution licensees are required to supply electricity or provide electricity supply to tariff customers. |
|
(3) Regulation referred to in this section, shall, as far as practicable, be made after consultation with distribution licensees and bodies representative of persons likely to be affected by the regulations. |
|
(4) Where any person suffers any loss or damage of a prescribed description by reason of the failure of a distribution licensee to meet any standard prescribed by regulations made under this section, the distribution licensee shall pay to such person, compensation of such amount, or calculated in such manner, as is specified in such regulations. |
|
(5) The payment of compensation to any person, as provided for in subsection (4), in respect of a failure by a distribution licensee to meet a standard prescribed by regulations made under this section shall be without prejudice to any other remedy, which is available to such persons in respect of the act or omission constituting such failure. |
|
(6) Any dispute arising from the enforcement of regulations made under this section may be referred to the Commission, by a distribution licensee or a tariff customer or any such affected party, and the Commission may determine such dispute in accordance with the provisions of section 38 |
|
|