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Review of the Legal, Regulatory and Institutional Frameworks for Senegal’s Energy Sector

Fasken Martineau DuMoulin LLP

The Government of Senegal had adopted a strategy through to 2035 called the Plan Sénégal Emergent (PSE) with three major axes and ambitious objectives in terms of economic growth, human development and environmental protection. Energy is central in this reference document and is, rightly, a foundation for the emergence of Senegal as well as a priority in view of its impact on other economic and social sectors. The Government of Senegal had previously signed, in October 2012, a Policy Letter for the Development of the Energy Sector (LPDSE 2012-2017) that was underpinned by a vision based on the perfect availability of energy at the least cost, ensuring universal access to modern energy services in accordance with the principles of social and environmental acceptability. This document highlighted on the one hand, the constraints and difficulties in the energy sector and, on the other, the need to revise the legislative framework, the sector regulatory and institutional framework to align it and ensure its cohesion with the economic strategy of the Government.
SENELEC, through the Projet d’appui au secteur de l’électricité (PASE), funded by the World Bank, enrolled the services of CPCS in consortium with Fasken Martineau as project lead, to develop a situational assessment, identify challenges and constraints in the energy sector that draw from the inadequacy and/or gaps in the legal and regulatory framework and make recommendations to improve it and adapt it in view of the changes that could be implemented in the sector and its environment. In short, the overall objective of the study was to review the legislative, regulatory and institutional framework in the energy sector (electricity and downstream hydrocarbons) to bring it into line with the objectives of the Policy Letter for the Development of the Energy Sector (LPDSE) and Plan Sénégal Emergent (PSE).