GAZETTE NOTICE NO. 2823

PURSUANT to the provisions of sections 5, 6 and 25 of the Energy Act, 2006 and provisions of the Energy (Petroleum Pricing) Regulations of 2010, the Energy Regulatory Commission notifies the general public that it has considered an application by Oil Marketing Companies (OMCs) for review of the escalation/de-escalation factor in respect of tenders for cargoes opened on 28th April, 2015 and 21st May 2015 namely: PMS K110I12015, PMS KS13/2015, PMS S11/2015,PMS K14/2015, PMS K15/2015, PMS K16/2015 and PMS S14/2015. The Commission has determined that these tenders were to be administered under the escalation formula provided under Clause 11.3 of the Open Tender System (OTS) Agreement whose commencement date was 1st April, 2015. Accordingly, the request for variation in application of the escalation/dc-escalation factor is -disallowed. The above decision is based on the objects and mandate of the 'Commission envisaged under sections 5(b), (d) of the Energy Act. Dated the 19th April, 2016. JOSEPH NG'ANG'A, !ffiIN'G/1508/1546 Director-General. tiAZTETENOTICE•NO. 2824 THE ENERGY ACT (No. 12 af2006) APPLICATION FOR ADJUSTMENT OF ROAD MAINTENANCE -LEVY PURSUANT to the provisions of section 5, 6 and 25 of the Energy Act, 2006 and provisions of the Energy (Petroleum Pricing) FRANCIS W. WANGUSI, Director-General. Regulations of 2010, the Energy Regulatory Commission notifies the general public that it has considered an application from Oil Marketing Companies (OMCs) for the recovery of levies under the Road Maintenance Levy Fund (Imposition of Levy) (Amendment) Order, 2015 and made a decision as follows: Petroleum pricing as stipulated in the pricing regulations is based on volumes of cargoes discharged from the 10th of the previous month to the 9th of the pricing month. Cargoes that were discharged from 17th July, 2015 to 9th August 2015 were fully compensated during the pricing period of 15th August, 2015 to 14th September, 2015. Accordingly the request for additional compensation is disallowed. The decisions are based on the objects and mandate of the Commission as provided under sections 5 (b) and 6 d) of the Energy Act. Dated the 19th April, 2016. JOSEPH NG'ANG'A, MR/PTG/1508115-16 . Director-General. GAZETn3 NOTICE No. 2825 TM ENERGY AC!' (No. 12012006) APpLicAtioN FOR RECOVERY or EXERCISE DUTY ON DIESEL PURSUANT to the provisions of sections 5, 6 and 25 of the Energy Act, 2006 and provisions of Energy (Petroleum Pricing) Regulations of 2010, the Energy Regulatory Commission notifies the general public that it has considered an application by Oil Marketing Companies (OMCs) for compensation following the enactment of Exercise Duty Act, 2015 and made a decision. It has ordered that the cargoes that were discharged between 1st December, 2015 and 9th December 2015 had been compensated in full for the pricing period of 15th Decethber, 2015 to 14th January, 2016. Accordingly the request for addition compensation is disallowed. The above decision is based on the objects and mandate of the Commission as provided under sections 5 (b) of the Energy Act and the provisions of Exercise Duty Act, 2015. Dated the I9thApcd,2046. JOSEPH WANG- A', MRJVi'G/1508/1546 . ' Director-General.