2- 1 Definition of the Categories of Persons Referenced: Whenever the Law, this Implementing Regulation, or the rules and procedures require a specific activity from a person, or prohibit that activity, the governor or his delegate has the authority to issue a decision identifying the relevant persons or entities associated with that person to whom the requirements or prohibitions apply, either generally or in relation to a specific situation.

2- 2 Priority of Documents in Application:

• 2- 2- 1 In the event of a conflict between this Implementing Regulation and the Law, the Law shall prevail over the Implementing Regulation.

• 2- 2- 2 In the event of a conflict between this Implementing Regulation and the rules and procedures, this Implementing Regulation shall prevail over the rules and procedures.

• 2- 2- 3 In the event of a conflict between this Implementing Regulation and the conditions of any license, the Implementing Regulation shall prevail over the conditions of the license, unless specifically stated otherwise in the Implementing Regulation.

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2- 3 Any reference in this Implementing Regulation to an article or chapter refers to an article of this Implementing Regulation or a chapter thereof, unless the context requires otherwise.

3- 1 Obligation to Provide Information: If the Authority deems that any licensee possesses information that it considers necessary for the application of the Law and this Implementing Regulation, the Authority has the right to require the licensee to provide this information pursuant to paragraph 3- 2.

3- 2 Obligation of Licensees: Licensees must comply with the Authority's requests for information under this Article (3) within a reasonable timeframe specified by the Authority. In cases where the licensee is unable to provide the information as requested, within the specified timeframe, or in the specified form or manner, or in whole or in part, they must immediately provide the Authority with a response explaining the reasons for not providing the information and what alternative information is available that can meet the Authority's requirements. The Authority may take the following actions:

• 3- 2- 1 Accept the alternative information provided in the response while retaining the right to require the licensee to provide the originally requested information at a later date, or

• 3- 2- 2 Reject the justifications for not providing the information and require the provision of the original information within the originally specified timeframe or any additional period determined by the Authority.

3- 3 Use of Information: The Authority may use any information it receives in the course of performing its duties.

4- 1 Keeping a Record: The Authority must maintain a national electricity record, which must include the following:

• 4- 1- 1 The full text of all licenses.

• 4- 1- 2 A record of decisions.

• 4- 1- 3 The full text of all codes and standards adopted by the Council, and any amendments made from time to time to these codes and standards.

• 4- 1- 4 The standard connection offers and the standard connection agreements approved by the Authority.

• 4- 1- 5 The applicable financial fees for the licenses paid to the Authority under the Law and Regulation and this Implementing Regulation.

• 4- 1- 6 The capacities of generation stations and dual production stations in the Kingdom.

• 4- 1- 7 The installed capacity of the (or) transmission systems and distribution systems operated by the licensees in the Kingdom.

• 4- 1- 8 Updated information on the expansion plans of the electricity system and expected demand information for the electrical services provided to the Authority by the licensees under the terms of their licenses.

• 4- 1- 9 Any other information deemed appropriate by the Authority.

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4- 2 Exclusion of Information: The Authority may, by a decision, exclude information from the national electricity record if it deems, at its discretion, that including this information may be harmful to the public interest or contrary to the objectives of the Law, and information provided that is classified as confidential according to paragraph 4- 7 must also be excluded.

4- 3 Access to the Record: The Authority must provide the public with the opportunity to view the contents list of the national electricity record, and any person may examine the contents list and request copies of items from the record or excerpts thereof, at times specified by the Authority, and after paying the financial fee determined by a decision of the Authority.

4- 4 Availability of Licenses: Licenses must be in writing, and subject to paragraph 4- 7, the Authority must include them in the national electricity record, and they may also be made available on the Authority's website on the information network (Internet), and application forms for licenses must also be provided on the Authority's website on the information network (Internet), however, there is no obligation under this paragraph 4- 4 to place the documents referred to in the licenses in the national electricity record.

4- 5 Providing Justifications for Decisions: The Authority must issue written justifications for the decisions it makes regarding the following:

• 4- 5- 1 The decision to grant a license to any person, or to exempt them from it, or to refuse to grant it.

• 4- 5- 2 Decisions that affect the existing rights of any person, if the concerned person requests these reasons in writing.

• 4- 5- 3 Any decision, as deemed appropriate by the Authority.

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4- 6 Statement of Facts: The Authority, in order to perform its functions and fulfill its duties under any provisions of the Law and Regulation and this Implementing Regulation, may evaluate evidence and prepare a statement of the facts reached regarding the subject under study, and the Authority may take the following actions:

• 4- 6- 1 Update the statement of facts.

• 4- 6- 2 Rely on the statement of facts in issuing any decisions, including determining whether there is a violation of the Law or Regulation, or the Implementing Regulation or the rules and procedures,

• 4- 6- 3 Provide the statement of facts to the committee to assist in considering any dispute.

The Authority may, when it deems appropriate, make this statement available to the public.

4- 7 Confidential Information: The Authority may not make information that the provider has clearly indicated as confidential available to a third party or the public, except in the following cases:

• 4- 7- 1 When this information is, or becomes, publicly available through other means that do not constitute a breach of this paragraph 4- 7.

• 4- 7- 2 When it is already known to the Authority or provided to the Authority (previously or subsequently) without indicating that it is confidential.

• 4- 7- 3 When disclosure is required by law.

• 4- 7- 4 When it is disclosed to representatives of the Authority or its consultants, provided that these representatives or consultants are subject to the obligation to maintain the confidentiality of this information.

The Authority may make all other information available to the public, and to avoid any doubt, the contents of any license granted by the Authority may not be classified as confidential information under paragraph 4- 7.

4- 8 Availability of Information to the Public: Wherever this Implementing Regulation or the rules and procedures stipulate the availability of any information to the public, this provision:

• 4- 8- 1 is subject to the confidentiality restrictions set forth in paragraph 4- 7, and

• 4- 8- 2 is considered to have been complied with if the following is achieved:

  • A) If the information is made available to the public for review at the Authority's offices, or its library, or its bulletin board, or any other public locations designated by the Authority for review, or made available to the public on the official website of the Authority on the information network (Internet), or the Authority's publications or any other means of publication, or

  • B) If the information is published in the Official Gazette in cases where the conditions and approved instructions for publication in the Official Gazette apply.

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4- 9 Third-Party Expertise: The Authority may engage experts and consultants from a third party as it deems appropriate to fulfill its responsibilities, and it may provide information to third-party consultants and experts, provided that confidential information is only provided if the third party is subject to the obligation to maintain the confidentiality of this information.

9- 10 Notices: Notices issued by the Authority under this Implementing Regulation, or the rules and procedures, may be sent by email, unless otherwise stated.

6- 1 Exemption from the License for Generation or Combined Production: The practice of the electrical activities specified in paragraphs (5- 1- 1) or (5- 1- 2) does not require a license if the generation station conducting the electrical activity is not connected to a transmission system or a distribution system - other than the systems exempted from the license under paragraph (6- 2) - and all the electricity or outputs of combined production generated or produced at the generation station are consumed (or, in the case of a generation station under construction, are intended to be consumed exclusively by the owner of the generation station and its associated entities).

6- 2 Exemption from the License for Transfer or Distribution: The electrical activities specified in paragraphs (5- 1- 3) and (5- 1- 4) do not require a license if the electricity transmission or distribution lines, and the facilities used to conduct the electrical activity are not connected to any other transmission system or distribution system, and the transmitted electricity is consumed exclusively by the owner of the electricity lines and facilities and its associated entities.

6- 3 License for a Small Generation or Combined Production Station: When the generation of electricity or the production of combined production outputs is not exempt under paragraph 6- 1, the generation of electricity or the production of combined production outputs in a generation station with a nominal capacity not exceeding 30 megawatts is granted a license for a small generation or combined production station (as applicable) with consideration of the conditions stated in paragraph 6- 4, and the holder of the small generation or combined production station license is not required to pay the annual financial fee for the license to the authority under Article 10.

6- 4 Individuals granted a license for a small generation or combined production station under paragraph 6- 3 must comply with the following:

• 6- 4- 1 To provide the authority with the information it deems necessary to fulfill its obligations under the law in the manner and at the time specified by the authority.

• 6- 4- 2 To comply with the applicable electricity industry code and standards as required by the rules and procedures.