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Thami Nompula MBA Dissertation March 2007 - Rhodes eResearch ...

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undergoing a restructuring process that will result in the assets of Eskom and municipal<br />

distributors being housed into six financially independent Regional Electricity Distributors<br />

(REDs). NERSA is expected to play a leading role in supporting the restructuring process.<br />

NERSA is also expected to implement a regulatory regime compatible with attracting new<br />

investment in generation capacity; promoting competition in the generation and supply of<br />

electricity; achieving cost savings, economies of scale and improved levels of service in the new<br />

REDs; introducing cost reflective end user tariffs; and protecting the financial sustainability of the<br />

industry and the interests of over 8 million consumers (National Energy Regulator, 2006).<br />

There are relatively few players in the hydrocarbons industry (National Energy Regulator, 2006).<br />

The industries in question are piped-gas and petroleum pipelines. The gas industry consists almost<br />

entirely of Sasol Gas and the petroleum pipelines industry is dominated by Petronet (National<br />

Energy Regulator, 2006). In the case of the gas industry, the extent of regulatory intervention will<br />

be limited for up to 10 years by the Regulatory Agreement between Sasol and the Government. A<br />

number of private sector facilities include the offshore loading facility in Durban that are owned<br />

and operated jointly by BP, Shell, Engen and SASOL Oil. There are storage facilities in the<br />

Durban Harbour and the Saldanha Bay to Milnerton pipeline as well as pipelines along the Port of<br />

Cape Town (National Energy Regulator, 2006). The Gas Act and the Petroleum Pipelines Act<br />

provide the mandate to regulate and promote the orderly development of hydrocarbons industries.<br />

The nature of regulatory work is unique in that it is regarded as an extension of government work<br />

and therefore permeates all sectors of society. It is important to have employees with the requisite<br />

competences to deliver on the mandate that these agencies are given by the citizenry, especially<br />

in a competitive labour market where specialists and professionals from regulatory agencies are<br />

poached by utilities. To the extent that regulatory agencies rely on the expertise of these<br />

categories of employees, it is important that regulators such as NERSA are able to retain them in<br />

order to effectively contribute towards meeting the socio-economic objectives of government and<br />

the public in its entirety. For example, in the Caribbean, the poaching of knowledge workers by<br />

utilities and other private sector companies is high due to regulatory agencies’ limited resources<br />

(Downes and Husbands, 2003). In the TLDR’s experience, finding and keeping quality<br />

employees has been a challenge where most talented professionals are often courted by other<br />

regulators and utilities, thus contributing to relatively high staff turnover (TDLR, 2006).<br />

4

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