Background
Legislation existed prior to independence to facilitate electricity undertakers. One of the first major steps taken by the Free State government after independence was the completion of the Shannon hydro electrical works and the establishment of the Electricity Supply Board (“ESB”) as the State electricity company.
The Electricity Supply Act, 1927 provided for the generation, transmission and distribution of electricity by the ESB. Authorised undertakers were defined as the ESB and bodies authorised by pre-independence providers.
The general functions of the ESB were to produce and generate electricity in the Shannon, to distribute, utilise and sell electricity generated by it and promote and encourage its use, control, coordinate and supply, distribute and sale of electricity generally in the State, perform such duties and functions as may be conferred by the Oireachtas. The ESB was authorised to provide electricity in bulk or to individual customers.
Infrastructure
The Minister was authorised by the Shannon Electricity Act to undertake the production and distribution of electricity by hydraulic power derived from the river Shannon.
The minister was given powers to acquire land for the construction and development of the power generating station. Special compulsory purchase provisions were provided.
The minister was authorised to improve the navigation of the Shannon and other tributary rivers or lakes necessary for the undertaking. Powers were given to drain and improve drainage of adjoining land. The minister was given powers to supply electricity on such terms as were thought fit.
The minister as a condition of construction of transmission lines, transformer stations and other works for the delivery of electricity may require such persons to enter an agreement to take for his use or resale supply of electricity in such minimal quantities having regard to the cost of the works as were reasonably necessary at such prices as may be specified.
Provisions made to secure protection of monuments of historical, archaeological or of artistic interest in the context of the works.
Protection of Fisheries
Provisions were made for the protection of fisheries. There were provisions regarding interference with bridges, roads, etc. as may be required by the works.
The ESB manages salmon fisheries. The relevant fisheries were acquired in connection with the original hydro-electrical station on the Shannon.
The ESBshae the power to acquire fisheries by compulsory acquisition either temporarily or permanently. It has the power to terminate or restrict temporarily or permanently any fitting or other rights in respect of thereof.
Compulsory Powers
The ESB was given wide powers to compulsorily acquire land or easement or rights to land for the purpose of undertaking its function. It has special powers to compulsorily acquire land and any easement or rights to use land including rights to divert and abstract water as may be necessary for water power generation.
The ESB has comprehensive powers to bring and lay electricity along in over or under any street, road, railway or tramway. It may break open any street, roadway or railway for such purpose.
The ESB has the power to lay lines at any height and to erect posts and poles for the purpose of carrying electrical wires. The ESB has power to confer on any authorised undertaker either generally or for particular purposes power to lay electric lines along any street, road or railway either within or outside the areas in which it was providing power.
Lines and Wires
The ESB must consult with the local authority before opening streets and roads. It may only break up major roads or railways with prior consultation with the minister. It may not authorise any third party to do so.
The ESB and any undertaker authorised by it is authorised to attach to any wall, house or building, brackets or fixtures required for the carriage or support of electricity lines or apparatus. The ESB or its authorised undertaker has the power to place electricity lines across land or retain fixtures. It has rights to enter such land or buildings for the purpose of repair, replacement, alteration or fixture fixing.
The ESB has the power to make regulations regarding securing the safety of the public as it sees fit. Local authorities may make regulations for securing public safety in relation to electricity lines. They must be confirmed by ESB.
The ESB and its authorised undertakers have powers to lock or cut any trees, shrub or hedge which obstructs or interferes with lines. Before doing it must comply with a procedure which requires notice to the occupier or if it is a public authority to the requisite public authority. The legislation provided for prohibitions permitting anything that would damage electricity works.
The power to lay lines may be exercised giving notice to the owners by prepaid post at last known address. A period of 14 days is provided for. Provision was later made for the payment of compensation.
The legislation provides for notification of building works in the vicinity of transmission wires. There are powers to prohibit works in the vicinity of transmission wires. The powers of consent are transferred to the CRE.
Further Powers
Later electricity legislation authorised construction of further work for the purpose of electricity infrastructure. The legislation increased its powers of compulsory acquisition.
Procedures were provided for where works involved the closing of roads and traffic. There are obligations providing for reinstatement of roads or bridges so interfered with.
The minister has the power to prohibit the erection of buildings either of a particular class or within a particular distance of any power transmission where he is satisfied it involves risk of injury to the public or the buildings or to occupiers or where the removal of the wires would involve unreasonable expense or technical difficulty. The minister may make an order prohibiting building of a specified class or at all or within a specified distance.
Further Hydro-Powers
The Liffey Reservoir Act gave the ESB similar powers in respect of the Liffey reservoir.
In the 1940s the powers of the ESB to generate electricity by hydraulic power from suitable rivers in addition to the rivers Liffey and Shannon were increased. It had further powers to acquire fisheries and fishing rights.
Provision is provided for the approval of a scheme of works by the minister. Special powers of compulsory acquisition were conferred. Comprehensive powers to enter lands and undertake works as required were provided for. ESB was given powers to prohibit navigation as required for a scheme.
The powers of acquisition and management of fisheries were extended as hydroelectric works were completed on other rivers. Provisions for compensation, owners of fisheries, fishery rights and others were provided for. Provision was made prohibiting pollutants entering waters which may interfere with generation station.
The ESB is given general powers to enter land for the purpose of doing all such things as it is authorised to do. It is an offence to obstruct or prevent or interfere with the exercise by the ESB or its officers and servants of its powers.
Further ESB Powers
In the 1950s the ESB was authorised to borrow for the purpose of the rural electrification scheme. These powers were further granted and extended in the 1960s to provide provision of public funds towards the installation of distribution systems in non-electrified rural areas.
Powers were provided to provide for contributions towards a capital cost of connections to the supply.
The 1979 Act permitted the board to provide consultancy and advisory services as well as training. The Electricity Supply Act, 1985 was provided for compensation arising out of bringing lines through the land. This followed a Supreme Court case.
The board’s powers to acquire companies and interest in companies were extended in the late 1980s. It was given the power to distribute and sell substances and products including coal-based products.
The powers of the board to issue shares, stock and loan capital are prescribed by legislation.
Authorisations to other Providers
The 1927 legislation provided that no person shall sell electricity unless he is an existing authorised undertaker or authorised by permit to sell electricity. An authorised undertaker shall not sell electricity outside its area of supply except insofar as authorised to do so by special act or order in place. The legislation repealed the existing electric legislation pre-independence.
The ESB had the power to grant any person a permit to generate, distribute or supply electricity to the public generally or to a class of the public. A permit could not be granted to a person to supply electricity in an area to whom an authorised undertaking was able and willing to supply electricity. These provisions were amended by the legislation creating the Commission for Energy Regulation.
The ESB was authorised to take control of existing authorised providers. It had the power to vary the areas of supply of authorised undertakers.
Redundant Powers of ESB
The ESB is authorised to sell, let or hire electrical lines equipment, apparatuses, or appliances. Also, any authorised undertaker authorised by the legislation could provide similar services and sales.
The board made scales of fixing charge and rates of charge. These functions are now functions of the distribution system operator.
The consent of the board was acquired to any meet new or extended generating station or transmission system on the part of an authorised undertaker. The board was authorised to take over existing electric lines or works for the purpose of carrying out its functions. Most such new works could be undertaken by authorised operators without the board’s consent.
Powers of Officers
An authorised officer appointed by the board is authorised to:
- Inspect electric lines, metres, accumulators, fittings, apparatus belonging to the board or an unauthorised operator;
- Ascertain the quantity of electricity used;
- Cut off the supply if lawfully entitled to do so;
- Remove any lines, accumulators, apparatus belonging to the board.
An authorised officer may at reasonable times enter premises on which electricity has been supplied by the board or by an authorised undertaker.