Invitation to Tender for Engagement of Dispute Resolution Counsellor at Nigerian Electricity Regulatory Commission

Preamble
The Electric Power Sector Reform (EPSR) Act 2005 empowers the Nigerian Electricity Regulatory Commission (NERC) to issue licences to persons who wish to participate in the electricity market. Pursuant to Section 71 (2) of the Act, disputes arising from the Market are to be referred to arbitration or determined by the Commission

The Commission seeks to exercise the powers granted it by Rule 42.3.1 of the Market Rules for Transitional and Medium Term Stages of the Nigerian Electrical Power Sector 2010, by promoting the use of multi-tier dispute resolution mechanisms. This will be done through the engagement of the services of a competent professional with in-depth knowledge in the field of Alternative Dispute Resolution and the electricity sector to assist market players in resolving disputes in the Electric Power Sector should they arise.

Objective
The assignment of the Dispute Resolution Counsellor is to evolve a system of alternative dispute resolution for market participants in the System- and Market Operator- controlled Nigerian electricity market; thereby providing regulatory and commercial certainty in the fair and speedy resolution of disputes that arise among these Participants.

Scope of Work
Detailed job description for the assignment is contained in the Terms of Reference for the assignment available at the NERC website www.nercng.org.

Competency and Expertise Required
The Dispute Resolution Counsellor is expected to possess the following qualifications;

• Bachelors Degree with relevant professional qualifications in Law- with a minimum of second class lower degree. A relevant non-executive master’s degree from a reputable tertiary institution obtained by thesis and/or by examination is not compulsory but will confer an advantage.
• Relevant working experience, not less than twenty (20) post NYSC, obtained in the Nigerian Electricity Supply Industry (NESI) or in a Nigerian electricity sector reform agency or an academic institution, a Nigerian or foreign or international financial or commercial or industrial or regulatory institution, enterprise or NGO in a relevant sector or a multilateral development institution or consulting or professional services firm with demonstrable and extensive participation alternative dispute resolution proceedings, preferably in the disputes involving the energy or electricity sector.
• A detailed understanding of the NESI with particular expertise in regulation, regulatory law and economics, licensing and other regulatory practices, project finance, commercial transaction documentation and commercial contract management.
• A detailed understanding and experience of dispute resolution practice and procedures that do not involve civil litigation before the courts, such as mediation, arbitration and other dispute resolution mechanisms established by the Commission.
• No affinity either for himself or his spouse or relative with Transmission Service Provider (TSP),Market Operator( MO), System Operator(SO), a Market Participant, a licensee or affiliates of any of these.

Duration
The DRC shall be appointed for a term of five (5) years (subject to a probationary period as determined by the Commission) and may be eligible for re-appointment for a second and final term of five (5) years.

Closing Date/Submission of Applications
The deadline for submissions of applications is 12:00pm (Nigerian Time) 18th March, 2013.
Applications and resumes should be submitted in three (3) copies in a sealed envelope clearly marked “Application for Engagement of Dispute Resolution Counsellor” with the name of the applicant on the back of the envelope Applications should be addressed to:

The Chairman/CEO
Nigerian Electricity Regulatory Commission
Adamawa Plaza, 2” Floor
Plot 1099, 1st Avenue, Off Shehu Shagari Way
Central Business District, Abuja.

They should be delivered to NERC at the Commission’s Secretariat, Room 203, 2 Floor, Adamawa Plaza.

Disclaimer
The Commission is not bound to short-list any applicant, and reserves the right to annul the application process at any time without incurring any cost or giving any reason therefore. Please note that late submissions will be rejected.

Signed:
Management