draft nigerian power sector content development policy … council on power/nigeria power...

DRAFT

NIGERIAN POWER SECTOR

CONTENT DEVELOPMENT POLICY

FOR

THE FEDERAL MINISTRY OF

POWER (FMoP)

2014

Federal Ministry of Power (FMoP) - Draft Nigerian Power Sector Content Development Policy

Table of Contents 1. Foreword ......................................................................................................................................................... 3

2. Document Properties ...................................................................................................................................... 4

3. Acronym .......................................................................................................................................................... 5

4. Definition of Key Terms .................................................................................................................................. 6

5. Introduction / Background.............................................................................................................................. 7

6. Rationale /Justification ................................................................................................................................... 8

7. Underlying Principles ...................................................................................................................................... 8

8. Scope of Policy Application ............................................................................................................................. 8

9. Policy Objectives ............................................................................................................................................. 9

10. Institutional Arrangement ........................................................................................................................ 10

11. Policy Inter-linkages to other Laws ........................................................................................................... 12

12. Policy Statements ..................................................................................................................................... 12

13. Implementation Strategy .......................................................................................................................... 15

14. Key Criteria for the Development of Key Performance Indicators and Targets ....................................... 16

15. Critical Success Factors (CSF) .................................................................................................................... 17

16. Management of the Policy ........................................................................................................................ 17

17. Governance and Compliance .................................................................................................................... 18

18. Monitoring and Evaluation ....................................................................................................................... 19

19. Approval of The Policy .............................................................................................................................. 19

20. Grievance and Appeals ............................................................................................................................. 19


1. Foreword


2. Document Properties

Authorization:

This version is approved by:

Name Job Title Signature Date

Document Reference:

Linkages:

This document should be used in conjunction with the Nigerian Power Sector Strategic

Framework, Nigerian Content Development and Monitoring Board and the NERC; National

Content Development for the Nigerian Electricity Supply Industry 2013.

Circulation:

The document should be circulated as follows:

1. Secretary to the Government of the Federation (SGF) 2. Federal Ministry Of Power (FMOP) 3. Federal Ministry of Justice 4. Federal Ministry of Industry, Trade and Investment 5. Federal Ministry of Interior 6. Federal Ministry of Labour and Productivity 7. Federal Ministry of Science and Technology 8. Federal Ministry of Petroleum Resources and NNPC 9. Federal Character Commission 10. Power Agencies, Generation, Transmission, Distribution companies, Investors and Development

partners 11. National Library of Nigeria 12. Federal Ministry of Power website Information Classification: Access to this document is unrestricted

Document Name Reference No. Version Effective Date

Draft Nigerian Power Sector

Content Development Policy


3. Acronym and Abbreviations

ACRONYM MEANING

BPE Bureau of Public Enterprise CBN Central Bank of Nigeria CSRs Critical Success Factors EC Energy Commission EDCs Electricity Distribution Companies EMSL Electricity Management Services Limited EPSR Act Electricity Power Sector Reform Act FDIs Foreign Direct Investments FEC Federal Executive Council FGN Federal Government of Nigeria FME Ministry of Environment FMF Federal Ministry of Finance FMOP Federal Ministry of Power FMWR Federal Ministry of Water Resources IPP Independent Power Producer ISO International Standard Organization KPIs Key Performance Indicators NA National Assembly NAEC Nuclear Atomic Energy Commission NAPTIN National Power Training Institute of Nigeria NBS National Bureau of Statistics NCDMB Nigerian Content Development and Monitoring Board NCIMU Nigerian Content Implementation/Monitoring Unit NELMCO Nigeria Electricity Liability Management Company Limited NERC National Electricity Regulatory Commission NESI Nigerian Electricity Supply Industry NIPP National Integrated Power Project NNPC Nigerian National Petroleum Cooperation NOTAP National Office for Technology Acquisition and Promotion NPC National Planning Commission NPSCDP Nigerian Power Sector Content Development Policy REA Rural Electrification Agency Of Nigeria SON Standard Organization of Nigeria TCN Transmission Company of Nigeria


4. Definition of Key Terms Term Definition

Roadmap Planned outlines to accelerate the pace of activities with respect to Power Sector reform as already mandated under the EPSR Act

Power Sector Federal Government Ministries, Agencies, Private Organisation and Investors responsible electricity activities in the Power Sector

Policy Statements Key Priority areas formulated to guide the implementation of the Nigerian Power Sector Content Development Policy (NPSCDP).

Nigerianization Use of Indigenous human capital, infrastructural resources and other services in the Power Sector

Power Sector Value Chain (in relation to Local Content)

Power Sector Value Chain, its contractors, subcontractors, Agencies and other stakeholders involved in the execution of any project, operations, activities or such other transactions in Nigeria.

Nigeria Power Sector Content Development

Nigeria Power content is the development of local skills, technology development, and use of local manpower and local manufacturing

Institutional Arrangement

Government and Institutions responsible for the actualisation of the aspirations of the NPSCD Policy Thrust.

NPSCD Policy Administration

Roles and responsibilities of Key Stakeholders to drive the implementation of NPSCDP

Policy Inter-Linkages with other Laws

Linkages with other existing Laws that promote indigenous enterprises and capacity building in the Power Sector

Critical Success Factors (CSFs)

Critical Success Factors (CSF) are key conditions that must be created or provided to facilitate the implementation of the Nigeria Power Sector Content Development Policy.

Change Management A planned approach to changing the attitudes of stakeholders through engagement and sensitization


5. Introduction / Background

5.1 The Federal Ministry of Power has gone through series of Transformations

and reforms; a significant initiative was the 2005 Electricity Power Sector Reform

Act (EPSR), which laid a solid foundation for the privatization activities that has

taken place in the Power Sector. This has now culminated in the emergence of

Generation, Distribution and Transmission successor companies to drive the post

privatization Power Generation Initiative. The reform is intended to accelerate the

pace of activity in the sector in line with the EPSR Act of 2005.

As part of its Strategic initiative, a Roadmap to drive the Power Sector Reform was

initiated. The Roadmap which was meant to refocus the Sector was launched on

August 26, 2010. The Roadmap sets out the Federal Government’s Vision for

realizing the goal of providing adequate Power sustainability in Nigeria in line with

the provisions of the EPSR Act of 2005.

The Federal Ministry of Power in Nigeria is the Policy Making arm of the Federal

Government responsible for the provision of power in the country and is

mandated to develop and facilitate policies for the provision of adequate, robust,

reliable and sustainable power supply to drive the socio-economic development of

the nation. As the driving force for Power development in Nigeria, the ministry is

tasked with supporting generation, transmission, and distribution projects in the

sector and facilitating the emergence of a private sector led competitive and

efficient power industry.

The need for the development and implementation of the Nigerian Content Policy

for the Power Sector was realized as a result of the growing need to enhance

sustainable development in the Power Sector, while harnessing indigenous

resources to guide and promote indigenous activities in the Power Sector. This

Content Policy will foster local skills and technological development, use of local

man power and local manufacturing product. In addition it will support and

reinforce the existing Content Policy in the Oil and Gas sector.


6. Rationale /Justification

6.1 The rationale of this Policy is as follows:

i. In-country value creation through deliberate utilization of Nigerian human

and material resources and related services.

ii. Achieve maximum Nigerian participation as prescribed in the Nigeria Power

Sector Content Development Act, such as control and financing in any Joint

Venture arrangement that promotes and enables the optimal use of in-

country human resources, materials and services.

iii. Comply with the relevant provisions of the Public Procurement Act (2007)

iv. Ensure that quality is sustained and enhanced in accordance with industry

best practices and international standards.

v. Promote and develop research and development of Nigerian technology

7. Underlying Principles

7.1 The following Principles shall inform the implementation of the Nigerian Content Policy for the Power Sector. The Principles are to:

i. Self-reliance: Promote the use of Nigerian human resource and infrastructural technology in the Power Sector

ii. Transparency and Accountability: Ensure the integrity of the implementation of the Nigerian Content Policy for the Power Sector

iii. Efficiency and Consistency: Ensure the implementation of the Nigerian Content Policy for its sustainability

iv. Ownership and Commitment: Ensure stakeholders ownership in effective implementation of the Nigerian Content Policy

8. Scope of Policy Application

8.1 This policy covers all activities in the Nigerian Power Sector, its subsidiaries, contractors, subcontractors and other entities involved in any projects and its operations.


9. Policy Objectives

9.1 The primary objective of this Policy is to promote and sustain industrialization through the utilization and optimization of the indigenous resources of the country. Other objectives include to:

i. Outline Nigerian Content issues arising out of the Power Sector ii. Promote efficient implementation of the Nigerian Content policy in such a

manner that will protect the Nation’s interest. iii. Provide broad guidelines to assist various stakeholders in taking prudent

decisions in the implementation of the Nigerian Content Policy within the Power Sector

iv. Empower and protect the local contractors and suppliers within the Nigerian Power Sector

v. Promote the indigenization of knowledge, expertise and technology in the Nigerian Power Sector.

vi. Facilitate and enable indigenous companies to provide standardized quality products

vii. Facilitate the participation of Nigerians in the value and supply chain of the Power Sector operations

viii. Establish a Nigerian Content Implementation/Monitoring Unit (NCIMU) that will set targets proportional to current capabilities and potentials for increase against baseline of local content for each project or procurement of goods and services.

ix. Promote Nigerian Content participation in Foreign Direct Investments (FDIs), a Joint Venture arrangement shall be put in place, where practicable, to enable X % equity share in the case of goods, and at least Y% in case of services. Such companies shall operate from Nigeria (shall be incorporated under the Company and Allied Matters Act of Nigeria)

x. Achieve 90% employment of Nigerians within a period of 3 years xi. Empower Indigenous Companies to develop capabilities to produce goods and

services that can compete internationally xii. Facilitate the creation of complementary industries that will service and

support the Nigerian Power Sector xiii. Drive the Regulations of the Nigerian Content Development for the Power

Sector xiv. Maintain effective supervision by the Federal Ministry of Power over the Sector xv. Provide a rigorous and transparent monitoring and reporting system to ensure

the delivery of the policy objectives


9.2 Policy Goal

9.2.1 The Policy Goal is to establish guiding principles, processes, systems and structures that shall facilitate the actualization of the Nigerian Power Sector Content Development Policy.

10. Institutional Arrangement

10.1 The Nigerian Power Content Policy recognizes that no single institution can actualise the aspirations of the Policy Thrust in isolation of other institutions and Agencies of government. In view of the critical importance of inter-sectorial collaboration, the Federal Ministry of Power has made provision for an all-embracing Nigerian Power Content Policy which takes cognizance of the Ownership, Roles and Responsibilities of all major Partners namely; the Federal Ministry of Power (FMOP): (supervising authority) Nigerian Electricity Regulatory Commission (NERC), NCDMB, NOTAP, EMSL, SON, NAPTIN, REA, NNPC and such other related bodies.

10. 1 POLICY ADMINISTRATION: INSTITUTIONAL ARRANGEMENT

AND OWNERSHIP

The understanding of the roles and responsibilities of key stakeholders that will drive the institutionalization of Nigerian Power Content Policy is crucial to the sustainability of the culture of Nigerian Content Management. The roles and responsibilities of Key Stakeholders are as follows:

10.1.1 Federal Ministry of Power (FMoP) will: i. Give directives on the implementation of this policy to all the relevant agencies

and stakeholders ii. Call a bi-annual consultative forum committee meeting or as the need may

arise. iii. Maintain the critical role of driving the policy to guarantee sustainability. iv. Provide Policy communication strategy. v. Monitor and evaluate the performance of the policy as part of its role as the

supervising authority. vi. Facilitate the establishment and monitoring of the Evaluation and Monitoring

Board. vii. Establish and maintain the Nigerian Power Sector Content Appeal Committee.


10.1.2 Nigerian Electricity Regulatory Commission (NERC)

i. Monitor and coordinate its mandate as enshrined in the Electric Power Sector Reform Act 2005

ii. Coordinate its activities and mandates as in the Electric Power Regulatory Framework.

iii. Constantly update the Federal Ministry of Power on the activities and performance in relation to Nigerian Power Sector Content Policy.

iv. Synchronize its regulatory framework in conjunction with this Nigerian Power Sector Content Policy.

10.1.3 Nigerian Content Development and Monitoring Board (NCDMB)

The activities and the mandate of the NCDMB shall be expanded to accommodate

the Policy Thrust and the Act of the Power Sector Content Development.

i. Receive and assess the local content plan of the investor. ii. To verify compliance with the Nigerian Power Sector Content Policy

iii. To collaborate with the Standard Organization of Nigeria (SON) and other relevant Agencies towards the assessment of the Nigerian Power Sector Content Development Policy.

iv. To review reports on Investor Content Development Plan to ensure compliance v. To ensure compliance with decisions / outcomes of the Nigerian Power Sector

Content Development Appeal Committee

10.1.4 Nigerian Power Sector Content Development Appeal Committee

The Nigerian Power Sector Content Development Appeal Commitment shall:

i. Be domiciled in the Federal Ministry of Power ii. Review the decision of the NCDMB in relation to Nigerian Content Development

Plan of the Investors / companies iii. Have power to call for information / clarification and call relevant officials to

give evidence before the final decision on the subject matter. iv. Collaborate with the NCDMB to ensure compliance with the decisions of the

Committee. v. Oblige the Investor with such documentation as may be required to assist in the

appeal against the decision of the Committee.


11. Policy Inter-linkages to other Laws

11.1 This Policy shall create linkages with other existing Laws that promote

indigenous enterprises and capacity building in the Power Sector and other

relevant sectors of the economy in order to guarantee its successful

implementation, enforcement, efficiency and sustainability some of which are:

i. Electric Power Sector Reform Act 2005 ii. Nigeria Industrial Training Fund Act

iii. Public Procurement Act 2007 iv. Fiscal Responsibility Act 2007 v. Pension Reform Act 2014

vi. Raw Material Research and Development Act 1988 vii. Insurance Act 2003

viii. National Agency for Science and Engineering Infrastructure Act 1992 ix. Infrastructural Concessionary Regulatory Act 2007 x. Nigerian Enterprise Promotion Decree 1989

xi. Nigerian Export Promotion Council Act

12. Policy Statements

12.1 Following the necessity to improve on the performance of the entire Power Sector value chain, the Federal Government under the Transformation Agenda commissioned a special Presidential Reform Committee on Power to do an overview of the Power Sector development. This resulted in the enactment of the EPSR Act of 2005. The radical change therefore was to guarantee comprehensive improved performance in the entire Power Sector Value Chain including the development of a Nigerian Power Sector Content Development Policy (NPSCDP). In order to achieve the set out goals, it became necessary that Policy Statements are formulated to guide the implementation of the NPSCDP.

i. POLICY STATEMENT 1 - GENERAL: Following the enactment of the EPSR

Act of 2005 to liberalize the Nigerian Power Sector in relation to Generation, Transmission and Distribution it has become imperative that a Quality Framework be put in place to guarantee the operations and participation of Stakeholders.


Accordingly, all regulatory Authorities, Operators, Contractors, Subcontractors, Partners and all other entities involved in the execution of any project, operation, activity or transaction in the Nigeria Power Sector shall consider Nigerian Content as a fundamental element of their overall project development and management Philosophy for Project execution.

ii. POLICY STATEMENT 2 - APPLICABILITY: This Policy covers the Power

Sector Value Chain, its contractors, subcontractors, Agencies and other stakeholders involved in the execution of any project, operations, activities or such other transactions in Nigeria.

iii. POLICY STATEMENT 3 - ENABLING ENVIRONMENT: The

operationalization of the Policy is anchored on the existence of the Agencies and such other Institutions that have been specifically established to guarantee and ensure sustainability in the Power Sector. Similarly, the Policy recognizes the significant role played by the regulatory authorities within the Sector.

This Policy will also go a long way in creating a sustainable enabling environment where stakeholders will be aware of the requirements and expectations in relation to the Nigeria Content Development Policy.

iv. POLICY STATEMENT 4 - LEADERSHIP MANAGEMENT: In order to

guarantee transparency, accountability and efficiency, all the stakeholders in the Power Sector shall adopt, implement and enforce the Policy towards the successful implementation of the Nigeria Content Development Policy.

v. POLICY STATEMENT 5 - SUCCESSION PLANNING: It shall be mandatory

that operators, contractors, subcontractors and other stakeholders in this industry embark on sustainable succession plans through capacity building towards achieving Nigerianization of the workforce within 5 years from date of start of operation of that entity.

vi. POLICY STATEMENT 6 – MONITORING: The Nigerian Content

Development and Monitoring Board (NCDMB) shall expand its Mandate to encompass Nigerian Content Development Activities in the Power Sector. This is to ensure Standardization and avoidance of duplication of functions.


vii. POLICY STATEMENT 7 - LINKAGE TO INSTITUTIONAL MANDATE: The

Policy shall create institutional linkages with all Stakeholders in the Power Sector and other relevant sectors of the economy in order to guarantee its successful implementation, enforcement, efficiency and sustainability. These Institutional Linkages constitute regulatory bodies such as NERC, NCDMB, NOTAP, EMSL, REA, SON, NAPTIN, NNPC and such other related bodies.

viii. POLICY STATEMENT 8 – STANDARDIZATION AND COMPATIBILITY: In

the design, production and purchase of Component parts and equipment, Indigenous Nigerian technology shall be taken into consideration by Investors, operators, contractors, subcontractors and any other entity in order to guarantee standardization of the specifications in accordance with the Nigerian technology. This specification must be in line with the specifications of the Standard Organisation of Nigeria (SON). However, in the absence of such Nigerian technology or specification, such equipment should be manufactured in accordance with international standards as prescribed by the International Standards Organisation (ISO).

ix. POLICY STATEMENT 9 – DEVELOPMENT OF TECHNOLOGY: It is

mandatory that such Investors, operators, contractors, subcontractors and any other entity build local feed-in plants within 5 years from the Commencement date of business operation.

x. POLICY STATEMENT 10 – EMPLOYMENT CONSIDERATIONS: Nigerians

shall be employed as X% of Management Cadre for all operators, companies and investors operating in the Nigerian Electricity Supply Industry. This process shall be incremental in X% for over a 4 year period.

xi. POLICY STATEMENT 11 – COMPLIANCE INCENTIVES: The Power Sector

and related Agencies shall provide transparent fiscal incentives and rewards to contractors and operators who exceed targets set forth in their Content Development Policy implementation and execution.


xii. POLICY STATEMENT 12 – QUARTERLY REPORTS: Investors and all other

stakeholders in the NESI shall present a quarterly progress report on Content Development Policy to the Federal Ministry of Power.

xiii. POLICY STATEMENT 13 – FISCAL INCENTIVES FOR IMPLEMENTATION OF LOCAL CONTENT: “The Minister of Power shall consult with the

relevant arms of Government on appropriate fiscal framework and tax incentives for foreign and indigenous companies which establish facilities, factories, production units or other operations in Nigeria for purposes of carrying out production, manufacturing or for providing services and goods otherwise imported into Nigeria.”

xiv. POLICY STATEMENT 14 – CHANGE MANAGEMENT: A change

management programme shall be instituted to drive the effective implementation of the Nigerian Power Sector Content Development Policy (NPSCDP). Power Sector Reform has brought in new Key Players and Investors. These stakeholders will need to be engaged in order to have a shared understanding of the strengths and challenges of the Power Sector in this Post-Privatization era

13. Implementation Strategy

13.1 For effective implementation of Nigerian Power Sector Content Development

Policy, the following strategies shall be initiated and coordinated by Federal

Ministry of Power and other stakeholders:

i. A Policy Statement to be issued by Federal Government to convey the Nigeria

Power Sector Policy decisions to all stakeholders. The statement shall be

hosted on the websites of Federal Ministry of Power and other stakeholders.

ii. An effective communication strategy shall be developed for wide publicity of

the policy and its guidelines.

iii. The Federal Ministry of Power shall involve and collaborate with all key

stakeholders, as well as the education and research Institutions in order to

facilitate ownership of processes relevant to them and to enhance knowledge

and experience sharing.


iv. An annual stakeholder forum shall be instituted to review progress and

challenges of policy implementation, share knowledge, experiences and map

out strategies for the way forward.

v. Proper enforcement of the Nigerian Content Development Policy is required

to maximize its benefits

14. Key Criteria for the Development of Key Performance Indicators and Target

i. Identification of independent Monitoring and evaluation Body. It is

imperative that we have an independent Monitoring and evaluation body

charged with assessing policy compliance

ii. Monitoring and evaluation Body to work with relevant Government Agency

to ascertain input and output in the Power Sector industry.

iii. Establishment of a mechanism to ascertain the availability of human capital,

local equipment, spare parts, raw materials and feed composite materials in

the Sector to guide the Investors in the design and specification of projects

and products.

iv. Development of a database showing all materials available in Nigeria.

v. Development of a database with a listing of Manpower that must be locally

sourced.

vi. Collaboration with Training Institutions for development of requisite

manpower necessary in the Power Sector.

vii. Creation of the Nigeria Power Sector Content Development Appeal

Committee set up not later than six (6) months after the signing into law of

the Local Content Bill.


15. Critical Success Factors (CSF)

15.1 Critical Success Factors (CSF) are key conditions that must be created or

provided to facilitate the implementation of the Nigeria Power Sector Content

Development Policy. These Critical Success Factors are:

i. Effective sensitization of all stakeholders on the rationale, content and processes of the Nigerian Power Content Policy

ii. Full and faithful Implementation of the Policy by the Government and all stakeholders

iii. Development of adjacent policies and legislation, the adjustment and use of the Power Sector Strategic Framework and extant regulatory rules

iv. The management of the Nigeria Power Sector Content Development Policy must be administered by competent and skilled human resources

v. A funding strategy shall be in-place to provide incentive and empower the Nigeria Power Sector Content Development Policy activities

vi. Policy Continuity vii. Strategic alliance (synergy) between Federal Ministry of Power and other

Stakeholders viii. Systematic and continuous capacity building to actualize the implementation

of the Nigeria Power Sector Content Development Policy ix. Federal Ministry of Power close collaboration with all Power Agencies,

Generation, Transmission, Distribution companies, Investors and Development partners

x. This is a public document and shall be widely circulated xi. Continuous feedback from Stakeholders through consultation, meetings,

stakeholder engagement and the internet among other media

16. Management of the Policy

16.1 Governance and Compliance, Roles and Responsibilities, Monitoring and Evaluation, Maintenance and Approval of the Policy, Others


17. Governance and Compliance

17.1.1 GOVERNANCE: The Ministry of Power being the supervising Authority in the Power Sector shall provide a Central Coordinating Authority of all Institutions that are involved in the implementation and enforcement of the Nigeria Power Sector Content Development Policy.

17.1.2 COMPLIANCE: The Federal Ministry of Power in collaboration with the Nigeria Power Sector Content Development Appeal Committee shall impose such fines as may be determined from time to time on such erring Agency or Investor that violates this Policy.

17.2 Roles and Responsibilities

17.2.1 Federal Ministry of Power:

i. Has a supervisory role in ensuring compliance with this Policy by all relevant Stakeholders in the Industry.

17.2.2 Nigerian Content Development and Monitoring Board:

i. The Monitoring Board shall set out the criteria for assessing and reviewing compliance with the Nigeria Power Sector Content Development Plan.

ii. The Publication of the Assessment Criteria shall be published in the official website of the Board and other relevant publications and websites of the Federal Ministry of Power.

iii. Assessment and verification of performance reports iv. Formulation of the Nigeria Power Sector Content Development Plan. v. The Plan shall contain provisions intended to ensure that-

vi. Priority and first consideration shall be given to services provided in the generation, transmission, distribution technical support, and other ancillary services in the National Supply of Electricity Industry (NESI) from within Nigeria and to goods manufactured in Nigeria; and

vii. Nigerians shall be given priority and first consideration for training for acquisition of skills and expertise in the power sector.

viii. Sourcing of Nigerian local materials, services and expertise in the manufacturing industry relevant for the Electric Power Sector.


ix. All collective agreements entered into by the operators must reflect the core objective of Nigerian Power Sector content Development and must be explicitly stated in the Plan.

18. Monitoring and Evaluation

18.1 Assessment and verification of performance reports: The NCDMB shall undertake regular assessments and verification of the Nigerian Power Sector Content Performance Report filed by all operators in compliance with the Nigerian Power Sector Content Development Plan.

19. MAINTENANCE OF THE POLICY

19.1 The Consultative Forum will meet biannually as stated in the Policy.

20. Approval of the Policy

20.1 All stakeholders in the sector will be sensitized for their input and buy-in of the Policy

21. Grievance and Appeals

21.1 Any breach of the Nigerian Power Sector Content Development Law shall attract X% of the value of the contract as a penalty.

21.2 The Federal Ministry of Power shall establish a Body called Nigerian Power Sector Content Development Appeal Committee to consider appeals of aggrieved investors. The Board shall be constituted by the Minister within three (3) months of coming into Law.

21.3 Any aggrieved investor not satisfied with the outcome of the appeal, shall be at liberty to file a complaint with a Court of competent jurisdiction.

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