jerc regulations

557

Panaji, 22nd July, 2010 (Ashada 31, 1932) SERIES I No. 17

Reg. No. GR/RNP/GOA/32 RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOADepartment of Elections

Office of the Chief Electoral Officer___

Order

5-57-2002/ELEC/4256

Sanction of the Government is herebyaccorded for creation of one temporary postof Steno Grade-II (Group C) in PB1 in payscale of Rs. 5,20020,200 with Grade Pay ofRs. 2,400/- in the Office of the Chief ElectoralOfficer, Altinho, Panaji-Goa with immediateeffect.

The expenditure shall be debited to theBudget Head, Demand No. 06, 2015Elections,

NOTE

There is one Extraordinary issue to the Official Gazette, Series I No. 16 dated 15-7-2010 namely, Extraordinary dated16-7-2009 from pages 555 to 556 regarding Amendments to Schedule C and Schedule D of the Goa Value Added TaxAct, 2005 Nots. No. 4/5/2005Fin (R&C) (81) and (82) from Department of Finance (Revenue & Control Division).

INDEX

Department

1. ElectionsOffice of the ChiefElectoral OfficerCommissioner & Secy.

2. General AdministrationUnder Secretary

3. PowerOffice of the ChiefElectrical EngineerChief Elec. Eng. & exofficio Add. Secretary.

4. Public HealthUnder Secretary

5. Printing & StationeryDir. & ex offi. Jt. Secy.

Notification/Order

Ord.- 5-57-2002/ELEC/4256

Ord.-13/2/2010-GAD-III//1782Not.- 120/03/CEE/Tech

Not.- 22/1/2003-I/PHD

Not.- GPS/5-14/revisedRates/995

Subject

Creation of post Office of the Chief Electoral Officer.

Creation of posts Secretariat.

Regulations.

Draft Rules Goa Medical Practitioners Rules, 2010.

Revised Subscription Rates.

Pages

557

558

558

632

636

00, 102Electoral Officers, 01Chief ElectoralOfficer, 01Salaries(N.P.).

This issues with the approval of the cabinettaken in the XXXXIst meeting of Council ofMinisters held on 29-6-2010 under Agendaitem No. 6 and concurrence of AdministrativeReforms Department and Finance (Revenue& Control) Department vide their U. O. No.1262 dated 23-10-2009 and U. O. No. 1410425dated 26-3-2010 respectively.

By order and in the name of the Governorof Goa.

Gonesh Koyu, IAS, Commissioner &Secretary/Chief Electoral Officer (Elections).

Panaji, 13th July, 2010.

OFFICIAL GAZETTE GOVT. OF GOASERIES I No. 17 22ND JULY, 2010

558

Department of General Administration___

Order

13/2/2010-GAD-III/1782

Sanction of Government is hereby accordedfor creation of the following posts in theSecretariat, Porvorim on regular basis withimmediate effect:

Sr. Nomenclature of the Pay Scale No. ofNo. post Posts

1. Section Officer PB2, 9300-34800(Group B Gazetted) +GP Rs. 4600 1

2. Senior Assistant PB2, 9300-34800+GP Rs. 4200 1

3. Junior Assistant PB1, 5200-20200+GP Rs. 1900 1

4. Peon 1S, Rs. 4,440-7440 +GP Rs. 1300 1

The expenditure shall be debited to theBudget Head 2052 Secretariat GeneralServices, 090 Secretariat (Non-Plan),01 Department of Personnel & A. R.,01 Salaries.

This issues with the approval of ARDvide its U. O. No. 1402058 dated 26-3-2010and concurrence of Finance Departmentvide its U. O. No. 1402058 dated7-5-2010.

By order and in the name of the

Governor of Goa.

Prabhakar V. Vaingankar, Under Secretary(GA).

Porvorim, 19th July, 2010.

Department of Power

Office of the Chief Electrical Engineer___

Notification

120/03/CEE/Tech

In exercise of the powers conferred undervarious sections of the Electricity Act, 2003and all powers enabling therein on behalfof the Joint Electricity RegulatoryCommission for the State of Goa and UnionTerritories has notified the followingRegulations in the Gazette of India:

Sr. No. Notification, Subjectof JERC Number and date

1 2 3

10 JERC-06/2009 Standard of Performancedated 18-12-2009

11 JERC-05/2009 Treatment of otherdated 18-12-2009 Businesses of Transmission

Licensees and DistributionLicensees

12 JERC-07/2009 State Advisory Committeedated 18-12-2009

45 JERC-10/2009 Terms and conditions fordated 8-2-2010 determination of Tariff

47 JERC-08/2009 Appointment of Consul-dated 11-2-2010 tants

48 JERC-09/2009 Open Access in Trans-dated 11-2-2010 mission and Distribution

The above Notifications are hereby broughtto the notice of the general public.

By order and in the name of theGovernor of Goa.

Nirmal Braganza, Chief Electrical Engineer& ex officio Additional Secretary.

Panaji, 8th July, 2010.


559

JOINT ELECTRICITY REGULATORYCOMMISSION

(for the State of Goa and Union Territories)

Notification

Gurgaon, the 18th December, 2009

No. JERC-06/2009. In exercise of powersconferred under Section 181 read with Section57 of the Electricity Act, 2003, and theElectricity (Removal of Difficulties) Order, 2005,and all powers enabling it in that behalf, JointElectricity Regulatory Commission for theState of Goa and the Union Territories herebymakes the following Regulations:

1. Short title, commencement, extent andinterpretation. (1) These Regulations may becalled Joint Electricity Regulatory Commission(Standards of Performance) Regulations, 2009.

(2) These Regulations shall be applicable towhole of the State of Goa and Union Territoriesof Andaman & Nicobar Islands, Chandigarh,Dadra & Nagar Haveli, Daman & Diu,Puducherry and Lakshadweep.

(3) These Regulations shall come into forceon the date of their publication in the OfficialGazette.

(4) These Regulations shall be interpretedand implemented in accordance with, and notat variance from, the provisions of the Act readwith the Electricity Rules, and any CEAregulations in this regard.

2. Definitions. (1) In these Regulations,unless the context otherwise requires:

(a) Act means the Electricity Act, 2003;

(b) Billing cycle means the period forwhich the bill is raised;

(c) Breakdown means an occurrencerelating to the equipments of the distributionsystem of the licensee including electricalline up to the consumer meter that preventsits normal functioning;

(d) CEA means the Central ElectricityAuthority referred to in sub-section (1) of theSection 70 of the Act;

(e) Commission means the JointElectricity Regulatory Commission for theState of Goa and Union Territories;

(f) Electricity Rules means the IndianElectricity Rules, 1956 to the extent savedby the Act or the rules made under theElectricity Act thereafter;

(g) Electricity Supply Code means thecode as may be notified by the Commissionunder Section 50 of the Act;

(h) Low Tension (LT) means a voltageof 230 volts between phase and neutral or400 volts between any two phases undernormal conditions subject to the percentagevariation permissible under the ElectricityRules;

(i) Meter means a device suitable forrecording consumption of electrical energysupplied or any other parameter during anyspecified period and shall include, whereverapplicable, other associated equipment suchas CT, PT etc. Necessary for such recording;

It shall also include any seal or sealingarrangement provided by the Licensee forpreventing unauthorised use of electricity;

(j) Service Line means an electricsupply line through which energy is, or isintended to be supplied by the Licensee froma distributing main to a single consumer orgroup of consumers from the same point ofthe distributing main.

(2) Unless the context otherwise requireswords or expressions occurring in theseregulations and not defined herein but definedin the Act/Electricity Rules/shall bear thesame meaning as respectively defined in theAct/Electricity Rules/or in absence thereof, themeaning as commonly understood in theElectricity Supply Industry.


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3. Guaranteed and Overall standards ofperformance. (1) The Standards specified inthe Schedule-I to these Regulations shall bethe Guaranteed Standards of Performance,being the minimum standards of service thata Licensee shall achieve, and the Standardsspecified in the Schedule-II shall be the OverallStandards of Performance which the Licenseeshall seek to achieve in the discharge of hisobligations as a Licensee.

(2) The Commission may from time to timeadd, alter, vary, modify or amend the contentsof the Schedule-I and Schedule-II by generalor special order(s).

4. Compensation. (1) The Licensee shallbe liable to pay to the affected consumerscompensation specified in Schedule-III forLicensees failure to meet the GuaranteedStandards of Performance specified inSchedule-I. The compensation shall be paid bythe Licensee in the manner specified inSchedule-III.

(2) The Licensee shall pay the compensationreferred to under sub-regulation (1) above byway of adjustment in the current or futureelectricity bill(s) as laid down in Schedule-III.

5. Information on Standards ofPerformance. (1) For Guaranteed Standards,Licensee shall furnish to the Commission, in areport for every month and in a consolidatedannual report, the following information:

(a) The levels of performance achieved bythe Licensee with reference to thestandards specified in Schedule-I to theseregulations;

(b) The number of cases in whichcompensation were payable underRegulation (4) above, and the aggregateamount of the compensation payable andpaid by the Licensee;

(c) The number of claims made by theconsumer against the licensee for failure tomeet the Guaranteed Standards of

Performance and the action taken by theLicensee including the reasons for thedelay in payment, or non-payment ofcompensation for such claims; and

(d) The measures taken by the Licenseeto improve performance in the areascovered by Guaranteed Standards andLicensees targets of improved performancefor the ensuing year.

(2) The monthly reports under sub--regulation (1) shall be furnished to theCommission within 15 days of the close of themonth and the annual report under the sub--regulation (1) shall be furnished to theCommission within 30 days of the close of thefinancial year.

(3) The Licensee shall furnish to theCommission, in a report for every quarter andin a consolidated annual report for eachfinancial year, the following information as tothe:

(a) The level of performance achievedwith reference to Overall Standards ofPerformance specified in Schedule-II ofthese regulations; and

(b) The measures taken by the licenseeto improve performance in the areascovered by Overall Standards and licenseestargets of improved performance for theensuing year.

(4) The quarterly reports under sub--regulation (3) shall be furnished to theCommission within 15 days of the close of thequarter and the annual report under the saidsub-regulation (3) shall be furnished to theCommission within 30 days of the close of thefinancial year.

(5) The Commission shall, once a year, in themonth of May, arrange for the publication ofthe information in the form of annual reportfurnished by the licensees under theseregulations. It shall also make availablemonthly/quarterly information on demand andon payment of fee as specified; only pertainingto the current financial year.


561

6. Exemption. (1) The standards of performance specified in these Regulations shall remainsuspended during Force Majeure conditions such as war, mutiny, civil commotion, riot, flood,cyclone, lightning, earthquake, lockout, fire affecting the Licensees installations.

(2) Non-compliance of a standard contained in these regulations shall not be treated as aviolation, and the Licensee shall not be required to pay any compensation to affected consumer(s),if such violation is caused due to grid failure, a fault on the Transmission Licensees network oron account of instructions given by SLDC, over which the Licensee has no reasonable control.

(3) The Consumer Grievances Redressal Forum (CGRF) established by the Licensee underSection 42(5) of the Act and the Regulations issued by the Commission in that behalf, may by ageneral or special order after hearing the Licensee and the affected consumer(s)/consumergroups, release the Licensee from the liability to compensate the consumers for any default inthe performance of any standard if the CGRF is satisfied that such default is for reasons otherthan those attributable to the Licensee and further that the Licensee has otherwise made effortsto fulfill his obligations. Such cases shall be reported by CGRF to the Commission on monthlybasis.

(4) The standards of performance shall be enforced within 6 months for Chandigarh, Dadar &Nagar Haveli, Daman & Diu, Goa and Puducherry and 12 months for Andaman & Nicobar andLakshadweep from the date of publication of these regulations.

SCHEDULE I7. Guaranteed Standards of Performance

Nature of cause of power supply failure Maximum Time Limit for restoration

1.1) Fuse blown out or MCB tripped Within 4 hours for Urban areasWithin 8 hours for Rural areas

1.2) Service line broken/ Within 6 hours for Urban areas/Service line snapped from the pole Within 12 hours for Rural areas

1.3) Fault in distribution line/system Rectification of fault and thereafter Restoration ofnormal power supply within 12 hoursTemporary Supply to be restored within 4 hoursfrom alternate source, wherever feasible

1.4) Distribution transformer failed/burnt Replacement of failed transformer:Within 24 hours in Urban areasWithin 48 hours in Rural areasTemporary Restoration of Supply through mobiletransformer or another backup source within 8hours, wherever feasible

1.5) HT mains failed Rectification of fault within 12 hoursTemporary restoration of power supply within 4hours, wherever feasible

1.6) Problem in grid (33 KV or 66 KV) substation Repair and restoration of supply within 48 hoursRestoration of supply from alternate source, within6 hours, wherever feasibleRoaster load shedding may be carried out to avoidoverloading of alternate source


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Nature of cause of power supply failure Maximum Time Limit for restoration

1.7) Failure of Power Transformer Rectification action plan to be intimated to theCommission within 72 hoursRectification to be completed within the timeframe approved by the CommissionRestoration of supply from alternate source within6 hours, wherever feasibleRoster load shedding may be carried out to avoidoverloading of alternate source

Note: Licensee shall make arrangements to provide alternate supply in his area of supply within 6 months from thecompletion of periods mentioned in regulation 6(4), and provision of words wherever feasible provided in 1.3to 1.7 above shall cease to operate after this period.

7.2 Quality of Power Supply

7.2.1 Voltage variations:

(1) The Licensee shall maintain the voltages at the point of commencement of supply to a consumerwithin the limits stipulated hereunder, with reference to declared voltage:

(a) In the case of Low Voltage, + 6% and 6%;(b) In the case of High Voltage, + 6% and 9%; and(c) In the case of Extra High Voltage, + 10% and 12.5%.

(2) The voltage problem shall be resolved with the time limits specified in Table given below:

No. Cause of problem related to voltage variation Time limit for the rendering service

1. Local problem Within 4 hours

2. Tap of transformer Within 3 days

3. Repair of distribution line/transformer/capacitor LT system within 30 daysHT system within 120 daysCapacitor within 30 days

4. Installation & Up-gradation of HT/LT System Within 180 days

7.2.2 Harmonics

The distribution licensee shall follow the voltage and current Harmonics distribution limits asspecified by the CEA in the Grid Connectivity Standards applicable to distribution systems.

7.3 Complaints about meters

Subject to the Provisions of the Electricity Supply Code:

Nature of complaint Time to be taken by Licensee

Complaint lodged for accuracy test of meter Within 30 days of receiving the Complaint, theLicensee shall test the meter and if needed, themeter shall be replaced within 15 days thereafter

Complaint lodged for defective/stuck meter Within 30 days of receiving the Complaint, theLicensee shall check the meter and if needed, themeter shall be replaced within 15 days thereafter

Complaint lodged for burnt meter The Licensee shall restore supply within 6 hoursupon receipt of complaint bypassing the burnt meterand new meter shall be provided within 3 days


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7.4 Transfer of Consumers connection and conversion of services

The Licensee shall give effect to a request for transfer of consumers connection, change of categoryand conversion of the existing services from Low Tension to High Tension and vice-versa within thefollowing time limits:

Nature of request Time to be taken by Licensee

Change of consumers name due to change in Change shall be effected in two billing cyclesownership/occupancy for property

Transfer of consumers name to legal heir Change shall be effected in two billing cycles

Load reduction Licensee, after verification, shall sanction thereduced load within 30 days after receipt of theapplication

Change of category Licensee shall inspect the premises and changethe category within 10 days from the date ofreceipt of application

Shifting of meter/service line etc. (1) One month for giving the estimated amount tothe consumer for shifting

(2) Within one month of the consumer depositingthe estimated amount as mentioned above.

7.5 Complaints about consumers bills

Nature of complaint Time to be taken by Licensee

Complaints on billing Licensee shall acknowledge the complaintimmediately, if received in person, or within 3days from the date of receipt if received by post.If no additional information is required, Licenseeshall resolve the complaint and intimate the resultto the consumer within 15 days of receipt of thecomplaint. In case any additional information isrequired, the same shall be obtained, the issueresolved and result intimated to the consumerwithin 15 days of the receipt of the additionalinformation, whichever is later.

7.6 Issues relating to disconnection/reconnection of supply

Issue under consideration Time to be taken by Licensee

Non payment of dues by the consumer Licensee to give 15 days notice to pay the duesand if not paid, the Licensee may disconnect theconsumers installation on the expiry of the noticeperiod

Request for reconnection In case consumer requests for reconnection withina period of six months after disconnection, theLicensee shall reconnect the consumersinstallation within 5 days of payment of past duesand reconnection charges


564

Issue under consideration Time to be taken by Licensee

However in case consumer requests forreconnection after six months of disconnection,the connections would be reconnected only afterall the formalities as required in the case of a newconnection are complied with by the consumerincluding payment of pending dues, service linecharges, security deposit etc., as applicable, forthat Category of Consumer

Consumer wanting upto date bill Licensee to carry out special reading and preparefinal bill, including all arrears upto the date ofbilling within 7 days.

7.7 The time limits prescribed in this Schedule will be computed from the time when the complaint isfiled with the designated offices of the licensee or at the call centers.

SCHEDULEII

8. Overall Standards of Performance. (1) Normal fuse-off calls: The Licensee shall maintain the percentageof fuseoff calls rectified within the time limits prescribed under sub-paragraph 1.1 of Schedule-I to totalcalls received at not less than 99%.

(2) Line Breakdowns: The Licensee shall ensure restoration of power supply within the time limitsprescribed in sub-paragraph 1.3 of Schedule-I. The Licensee shall achieve this standard of performancein at least 95% of the cases.

(3) Distribution Transformer Failures: The Licensee shall maintain the percentage of distributiontransformers replaced within the time limits prescribed in sub-paragraph 1.4 of Schedule-I to the totaldistribution transformers failed at not less than 95%.

(4) Period of scheduled outages: Interruption in power supply due to scheduled outages, other than theload-shedding, has to be notified in advance and shall not exceed 12 hours in a day and in each suchevent, the Licensee has to ensure that the supply is restored by 6:00 p.m. The Licensee shall achieve bothof these standards of performance in at least 95% of the cases.

(5) Reliability Indices: The following reliability/outage indices are prescribed by the Institute of Electricaland Electronics Engineers (IEEE) Standard 1366 of 1998. The Licensee shall compute and report the valueof these indices to the Commission from 2009-10 onwards:

(a) System Average Interruption Frequency Index (SAIFI): The Licensee shall calculate the value asper the formula and methodology specified below.

(b) System Average Interruption Duration Index (SAIDI): The Licensee shall calculate the value as perthe formula and methodology specified below.

(c) Momentary Average Interruption Frequency Index (MAIFI): The Licensee shall calculate the valueas per the formula and methodology specified below.

(6) Method to compute Distribution System Reliability Indices: The Indices shall be computed by stacking,for each month all the 11KV/33KV feeders in the Licensees area of supply, and then aggregating thenumber and duration of all interruptions in that month for each feeder. The Indices would then becomputed using the following formulae:

1. SAIFI =1n =1(Ai*Ni)Nt

Where,


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Ai = Total number of sustained interruptions (each longer than 5 minutes) on ith feeder for the month

Ni = Connected load of ith feeder affected due to each interruption

Nt = Total connected load at 11 KV in the Licensees area of supply

n = number of 11KV feeders in the licensed area of supply

2. SAIDI =1n 1(Bi*Ni)Nt

Where,Bi = Total duration of all sustained interruptions on ith feeder for the month.




3. MAIFI =1n 1(Ci*Ni)Nt

Where,Ci = Total number of momentary interruptions (each less than or equal to 5 minutes) on ith feeder for the

month




Note: The feeders must be segregated into rural and urban and the value of the indices must be reported separatelyfor each month.

4. The Licensee shall propose the target level of these indices annually while submitting ARR. TheCommission would thereafter notify these indices.

(7) Voltage Unbalance: The Licensee shall ensure that the voltage unbalance does not exceed 3% at thepoint of commencement of supply. Voltage Unbalance (VU) shall be computed in the following manner:

Voltage Unbalance = (VH-VL)/VH:

Where VH and VL are highest and lowest phase Voltages for LT system or highest and lowest phaseVoltages for HT & EHT systems.

(8) Billing mistakes: The Licensee shall maintain the percentage of bills requiring modifications followingcomplaints to the total number of bills issued, not greater than 10% for year 2009-10, 5% for year 2010-11,2% for year 2011-12 and 1% for 2012-13 and thereafter.

(9) Faulty meters: The Licensee shall maintain the percentage of defective meters to the total numberof meters in service, not greater than 3%.

(10) Minimise electrical accidents: Increase or decrease in No. of electrical accidents compared over aperiod of time will also be an indicator of the Licensees performance.

(11) The Summary of Overall performance standards is as follows:

Service area Overall Standard of Performance

Normal fuse-off calls At least 99% calls received should be rectified within prescribedtime limits in both Cities and Towns and in Rural areas

=


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Service area Overall Standard of Performance

Line Breakdowns At least 95% of cases resolved within time limit in both Citiesand Towns and in Rural areas

Distribution Transformer(DTR) failure At least 95% of DTRs to be replaced within prescribed timelimits in both Cities and Towns and in Rural areas

Period of scheduled outage Maximum duration in a single stretch Restoration of supply by6.00 p.m. At least 95% of cases resolves within time limit

Continuity Indices To be laid down by the Commission based on the targets pro-SAIDI posed by the LicenseesSAIFIMAIFI

Frequency variations To maintain supply frequency within range as per IEGC.Voltage Unbalance Maximum of 3% at point of commencement of supply

Percentage billing mistakes Not exceeding 10% for year 2009-10, 5% for year 2010-11, 2% foryear 2011-12 and 1% for 2012-13 and thereafter

Percentage faulty meters Not exceeding 3%.

SCHEDULE III

9. Guaranteed Standards of Performance and Compensation to Consumers in Case of Default

Service Standard Compensation payable in case of violation of StandardArea (default shall be considered from the time consumer has made

complaint)

Compensation payable to Compensation payable toindividual consumer if the individual consumer if theevent affects a single event affects more than oneconsumer consumer

I. Billing

First Bill Within 2 billing 10% of the billed amount subject cycles to maximum of Rs.250/-

In case bills are raised evenafter disconnection on Rs. 250/- for each case Not Applicableconsumers request

II. Transfer of consumers connection and conversion of services

Change of consumers name due to Within 2 billing cycles ofchange in ownership/occupancy for acceptance of applicationproperty

Transfer of consumers Within 2 billing cycles of Rs. 50 for each Not Applicablename to legal heir acceptance of application day of default

Load reduction 30 days after receipt of theapplication

Change of category Within 10 days of acceptanceof application


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III. Disconnection/Reconnection of supply

Consumer wanting up to date bill Licensee to carry out specialreading and prepare final bill,including all arrears up to thedate of billing within 7 days

Request for reconnection In case consumer requests for Rs. 50 for eachreconnection within a period day of defaultof six months after is conne-ction, the Licensee shallreconnect the consumersinstallation within 7 days ofpayment of past dues andreconnection charges.

IV. Meter complaints

Testing of meter within 30 days of receipt Rs. 25 for each Not applicableof complaint day of default

Replacement of burnt meter Within 6 hours restoration of Rs. 50 for each Not applicablesupply by bypassing the day of defaultburnt meter. Meter to bereplaced within 3 days

Replacement of defective Within 15 days of declaring Rs. 50 for each Not applicablemeter meter defective day of default

V. Power supply failure

Fuse blown out or MCB Tripped (in Within 4 hours for Urbancase fuse or MCB belongs to Licensee areas Within 8 hours fori.e. pole or feeder pillar fuse) Rural areas

Service line broken Service line Within 6 hours for Urbansnapped from the pole areas Within 12 hours for

Rural areas

Fault in distribution line/system Rectification of fault andthereafter Restoration ofnormal power supplywithin 12 hours

Distribution transformer failed/burnt Replacement of failed trans- Rs. 100 for Rs. 50 for eachformer within 48 hours each day day of default

of default to each consu-mer affected

HT mains failed Rectification of fault within12 hours

Problem in grid (33 KV or 66 KV) Repair and restoration ofsubstation supply within 48 hours

Failure of Power Transformer Rectification to be completed Rs. 500 forwithin 15 days each day of

default perday

Rs. 10 foreach hour ofdefault

Rs. 5 for eachhour of default toeach consumeraffected

Rs. 200 foreach day ofdefault

Rs. 100 foreach day of de-fault to eachconsumer af-fected

Rs. 250 foreach day ofdefault to eachconsumer af-fected


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VI. Voltage fluctuation

Local problem Tap of transformer Within 4 hours Rs. 50 for each Rs. 25 for eachWithin 3 days day of default day of default

to each consu-mer affected

Repair of distributionline/transformer/capacitor Within 30 days Rs. 100 for each Rs. 50 for each

day of default day of default toeach consumeraffected

Installation & Up-gradation of Within 90 daysHT/LT System

Damage to consumers apparatus Immediate Repair charges subject to a maxi-due to Voltage fluctuations mum of Rs. 500/- per apparatus

VII. Complaints/Applications under As mentioned in sub-regulation Rs. 100 for each day of default.sub-regulation 7.4 above. 7.4 above

10. Manner of payment of compensation amount. (1) The Licensee shall register every

complaint of a consumer regarding failure of power supply, quality of power supply, meters,

bills etc., at their designated office(s) which should be within easy reach of the consumer and

intimate the complaint number to the consumer.

(2) The Licensee shall maintain consumer-wise records regarding the Guaranteed standards

of performance in order to give a fair treatment to all consumers and avoid any dispute regarding

violation of standard.

(3) All payments of compensation shall be made by way of adjustment against current and/or

future bills for supply of electricity, but by not later than 90 days from the date of violation of a

Guaranteed Standard unless demanded by the consumer as a direct payment. If the Licensee,

however, fails to dispense the compensation amount as laid down in Regulation (9) above the

aggrieved consumer(s) can approach the respective Consumer Grievance Redressal Forum for

redressal of grievances of consumers to seek such compensation. In such event, additional

penalty may be levied on licensee for not faithfully implementing the regulations on case-to-

-case basis.

J. S. SEHTAWAT, Secy,[ADVT III/4/Exty./218-I/09]


569

Notification


No. JERC-05/2009. In exercise of powersconferred by Section 181 of the ElectricityAct, 2003 (36 of 2003) and all other powersenabling it in that behalf, the Joint ElectricityRegulatory Commission for the State of Goaand the Union Territories hereby makes thefollowing Regulations, namely:

1. Short title, extent and commen-cement. (i) These Regulations may be calledthe Joint Electricity Regulatory Commissionfor Goa & Union Territories (Treatmentof Other Businesses of TransmissionLicensees and Distribution Licensees)Regulations, 2009.

(ii) These Regulations shall be applicableto all intra-State/UT Transmission Licenseesand the Distribution Licensees in the State ofGoa and the Union Territories of Andaman& Nicobar Islands, Chandigarh, Dadra &Nagar Haveli, Daman & Diu, Puducherry andLakshadweep.

(iii) These Regulations shall come intoforce on the date of their publication in theOfficial Gazette.

2. Definitions and Interpretation. (i) Inthese Regulations, unless the contextotherwise requires:

(a) Act means the Electricity Act, 2003(36 of 2003);

(b) Commission means the JointElectricity Regulatory Commission for theState of Goa and the Union Territories,constituted by the Central Governmentunder sub-section (5) of Section 83 of theAct;

(c) Licence means a licence grantedunder Section 14 of the Act by theCommission to undertake, Transmission orDistribution of Electricity.

(d) Licensed Business shall mean thefunction and activities the Licensee isrequired to undertake in terms of theLicence granted, or as a deemed Licensee,under the Act.

(e) Licensee means a person who hasbeen granted a licence under Section 14 ofthe Act by the Commission to undertake,Transmission or Distribution of Electricityand includes a deemed licensee.

(f) Other Business means anybusiness by the Licensee other than theLicensed Business: Undertake for optimumutilization of its assets.

(ii) Words and expressions used hereinand not specifically defined herein but definedin the Act shall have the meaningsrespectively assigned to them under the Act.

3. Intimation of other business. (1) In theevent a Licensee engages in any otherbusiness for optimum utilization of the assets,he shall give prior intimation in writing tothe Commission of such Other Business, alongwith, inter-alia, the following details:

(a) the nature of the Other Business;

(b) the proposed capital investment inthe Other Business;

(c) the impact of the use of assets andfacilities of the Licensed Business for theOther Business;

(d) the manner in which the assets andfacilities of the Licensed Business and ofthe Other Business shall be used,demonstrating that there would be noadverse impact on the Licensed Businessand on the ability of the Licensee to carryout the duties and obligations of theLicensed Business; and

(e) a proposal for sharing the revenuederived from the Other Business with theLicensed Business, in the mannerenvisaged in Regulation 5(3); the proposal


570

should include the methodology used forarriving at the proposed sharing, supportedby business plan of the Other Business(including expected annual revenues forthe next five years):

Provided that a Transmission licenseeshall not engage in the business of tradingin electricity.

(2) The Licensee shall have the absoluteresponsibility to ensure that the utilization ofthe assets and facilities of the LicensedBusiness for Other Business shall not in anymanner affect the performance of theobligations under the Licensed Business orthe quality of service required from theLicensee, and any such utilization shall beentirely at the cost and risk of the Licensee.

(3) Failure to submit prior intimation inwriting to the Commission will invite apenalty which may extend up to the annualrevenue of the Other Business.

4. Accounts. (1) The Licensee shall foreach of the Other Business:

(a) maintain separate accountingrecords, such as amount of revenue, costs,assets, liabilities, reserves, or provisionswhich have been charged from or to theOther Business. He shall maintain adescription of the basis for the charge orits determination by apportionment orallocation between the various businessactivities;

(b) prepare on a consistent basis fromsuch records accounting statements foreach financial year comprising a profit andloss account, a balance sheet and astatement of sources and application offunds;

(c) provide in respect of the accountingstatements so prepared, a report by theAuditors in respect of each financial year,stating whether in their opinion thestatements have been properly preparedand give a true and fair view of the revenue,

costs, assets, liabilities, reserves andprovisions reasonably attributable to thebusiness to which the statements relate;

(d) submit copies of the accountingstatements and Auditors report thereonnot later than six months after the close ofthe financial year to which they relate; and

(e) submit to the Commission suchadditional information that the Commissionmay require from time to time.

(2) The Licensee shall ensure and, if sorequired by the Commission, establish to thesatisfaction of the Commission that the OtherBusiness bears an appropriate share ofoverhead costs and other common costs.

(3) Any person authorized by theCommission shall be entitled to inspect andverify the accounts of the Licensee and thelicensee shall render all necessary assistanceto such person.

5. Financial implications. (1) TheLicensee shall not in any manner utilize theassets and facilities of the Licensed Businessor otherwise directly or indirectly allow theOther Business to be undertaken in a mannerthat the Licensed Business results insubsidising the Other Business.

(2) The Licensee shall not in any manner,directly or indirectly encumber the assets andfacilities of the Licensed Business for the OtherBusiness or for any activities other than theLicensed Business.

(3) The Other Business shall pay to theLicensed Business a reasonable proportionof the revenues of the Other Business, subjectto a minimum amount which may reflect theallocable costs or market value of the assetsand facilities of the Licensed Business utilised//being utilised for Other Business.

(4) The Commission will determine thereasonable proportion of revenues of theOther Business and the minimum amountto be paid to the Licensed Business, on a


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case-to-case basis, as and when a licenseeinforms the Commission about his intentionof utilizing the assets and facilities for use forany Other Business. In deciding the amountto be paid by the Other Business, theCommission will consider the submissionsof the Licensee, but may use any alternateapproach or methodology that it considersappropriate:

Provided that as and if deemed appropriateby it, the Commission may determine thereasonable proportion of revenues, etc. to bepaid to the Licensed Business in respect of aclass of Other Businesses as a whole, insteadof on a case-to-case basis.

(5) The proportion of revenues or theminimum amount to be shared from theOther Businesses under sub-regulation (4)above shall be the income of the LicensedBusiness of the Licensee and shall be utilizedfor reducing the charges of transmission orwheeling, as the case may be, of electricityby the Licensee.

6. Powers of the Commission. (1) TheCommission may at any time directinvestigation of the assets and facilities of theLicensed Business for the Other Business ofthe Licensee with a view to ascertainingadherence to these Regulations, coveringinter alia:

(a) whether the costs and expenses arebeing appropriately adjusted and paid asspecified in regulation 5 above; and

(b) whether the revenues of the OtherBusiness are properly accounted for todetermine the gross turnover and theamounts payable to the Licensed Business.

(2) The Commission may authorize anyofficer of the Commission or any professionalperson or expert or consultant to carry outthe investigation under sub-regulation (1)above and submit a report to the Commission.

7. Issue of orders and practice directions.Subject to the provisions of the Electricity Act,

2003 and these Regulations, the Commissionmay, from time to time, issue orders andpractice directions in regard to theimplementation of these Regulations andprocedure to be followed, and various matterswhich the Commission has been empoweredby these Regulations to direct, and mattersincidental or ancillary thereto.

8. Power to amend. The Commission may,at any time, add, vary, alter, modify or amendany of the provisions of these Regulations.

J. S. SEHRAWAT, Secy.[No. ADVT. III/4/Exty./218-I/09]

___________

Notification


No. JERC-07/2009. In exercise of thepowers conferred on it by Section 181 readwith Section 87 of the Electricity Act, 2003(36 of 2003), and all other powers enabling itin that behalf, the Joint Electricity RegulatoryCommission for the State of Goa and the UnionTerritories, hereby makes the followingRegulations:

1. Short title, commencement andinterpretation. (1) These Regulations shallbe called the Joint Electricity RegulatoryCommission (State Advisory Committee)Regulations, 2009.

(2) These Regulations shall come intoforce on the date of their publication in theOfficial Gazette.

(3) These Regulations shall extend to thewhole of the State of Goa and Union Territoriesof Andaman & Nicobar Islands, Chandigarh,Dadra & Nagar Haveli, Daman & Diu,Lakshadweep and Puducherry.

2. Definitions. (1) In these Regulations,unless the context otherwise requires:


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(a) Act means the Electricity Act, 2003(36 of 2003);

(b) Commission means the JointElectricity Regulatory Commission for theState of Goa and the Union Territories;

(c) Committee means the StateAdvisory Committee constituted inaccordance with the provisions of Section87 of the Act.

2. Words and expressions used and notdefined herein shall have the same meaningas assigned to them in the Act.

3. Term of office of the Members of theCommittee. Every Member of theCommittee, except the Chairperson and theMember of the Commission shall hold officefor a period of two years unless hisappointment is terminated earlier in themanner described in these Regulations. Onthe expiration of the term of any Member,the Commission may in its discretionre-appoint him as such Member.

4. Objects of the State AdvisoryCommittee. The objects of the StatesAdvisory Committee shall be to advise theCommission on

(i) Major question of policy;

(ii) Matters relating to quality, continuityand extent of service provided by thelicensees;

(iii) Compliance by licensees with theconditions and requirements of their license;

(iv) Protection of consumer interest; and

(v) Electricity supply and overall standardsof performance by utilities.

5. Secretary of the Committee. TheSecretary of the Commission shall be theSecretary to the Committee. He shall not beeligible for any extra remuneration on accountof this additional work.

6. Notice of meeting. (1) Meetings of theCommittee shall be convened by its Secretaryunder the direction of Chairperson of theCommittee, at least once in three months.The Secretary shall, ordinarily, give themembers of the Committee, not less than 10days notice, in writing, of the date, time andplace of the meeting. Ordinarily, not less thanseven days before the meeting, the Secretaryshall send to such members, copies of theAgenda of the meeting.

(2) A Member other than the ex officioMember, who fails to attend threeconsecutive meetings of the Committee shallforthwith cease to be a Member of theCommittee.

7. Chairperson at the meeting. TheChairperson of the Commision shall presideover a meeting of the Committee as itsChairperson:

Provided that when the Chairperson hasbeen prevented from attending the meetingof the Committee, of which he has been givendue notice, the Member of the Commission,present, shall preside over that meeting, asChairperson of the meeting.

8. Stay and travelling arrangements for theMembers of the Committee. (1) The stayand travelling arrangements for the membersof the Committee for attending the meetingsof the Committee shall be made by theCommission.

(2) Members of the Committee other thanGovernment servants shall be paid anhonorarium at a rate as may be decided bythe Commission from time to time.

(3) A member of the Committee, who is aGovernment servant, shall be entitled to drawtravelling allowance, including dailyallowance, on the scale admissible to himunder the Travelling Allowance Rules of theGovernment with which he is employed.

9. Proceedings. (1) The proceedings ofevery meeting of the Committee shall be


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prepared by its Secretary and shall beapproved by the Chairperson of the meeting.

(2) The agenda for the meetings of theCommittee shall broadly be in accordancewith the subjects on which the Committee isrequired to be consulted under the Act.

(3) No matter other than that included inthe Agenda shall be considered or discussedat a meeting of the Committee except withthe special permission of the Chairperson ofthe meeting.

(4) Attendance by proxy shall not bepermitted at the meetings of the StateAdvisory Committee.

10. Quorum and Adjourned Meeting. (1)Minimum seven members of the AdvisoryCommittee including the ex officio Membersshall constitute Quorum at a meeting of theCommittee. If there is no Quorum withinthirty minutes of the appointed time for themeeting, no meeting shall be held and theChairperson of the meeting may then andthere adjourn the meeting to such future date,as may be directed by him. No further noticeneed be given for a meeting so adjourned.

(2) If at any time during the progress ofthe meeting, after its commencement, thereceases to be Quorum, the meeting shallignore the want of Quorum and shall continueto transact its business.

(3) No matter shall be considered at ameeting adjourned under sub-regulation (1)above other than matters scheduled at themeeting from which the adjournment tookplace, provided that the Chairperson of themeeting may bring or permit or direct a newmatter, which in his view is urgent, to bebrought before the adjourned meeting, withor without notice.

11. Point of order. Any point of orderraised at meeting shall be decided by theChairperson presiding at the meeting and hisdecision shall be final.

12. Resignation of Member. A member ofthe Committee, other than an ex officio

member may, by a written notice to theSecretary of the Commission resign from hisoffice and it shall come into effect from theday the Chairperson of the Commissionaccepts the same.

13. Removal of Member. (1) TheCommission may remove any member, otherthan an ex officio member, who:

(a) Has been adjudged as insolvent; or

(b) Has been convicted of an offenceinvolving moral turpitude; or

(c) Has become physically or mentallyincapable of acting as a member; or

(d) Has conducted himself in a manneror has so abused his position as to renderhis continuance as a member prejudicialto public interest or to the objects andpurpose of the Act.

(2) The member who is proposed to beremoved under sub-regulation (1) above shallbe given an opportunity to represent hisposition to the Chairperson of theCommission.

14. Savings as to Validity of Proceedings.No proceeding of the Committee shall beinvalidated by reason merely of a vacancy orvacancies existing in the Committee or byreason of non-receipt of the notice or copy ofthe Agenda, provided it was duly issued, orby reason of any irregularity in conduct ofthe business of the meeting.

Explanation. A notice will be deemed tohave been duly issued if it is dispatchedwithin the prescribed time to the registeredaddress of the member by post or bymessenger.

15. Invitation to Persons other thanMembers to Attend. To assist the Committeein its deliberations, persons other thanMembers of the Committee, having specialor useful knowledge on a matter of interest


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to the Committee may be invited by theChairperson of the Committee to attend anymeeting thereof.

16. Consultation. The Commission whiledeciding issues on which the views of theCommittee have been obtained may considerthem into account.

17. General. In cases not expresslyprovided for in these Regulations for conductof meetings, the decision of the Chairpersonpresiding at a meeting on matters relating tothe conduct of the meeting shall be final.

18. Miscellaneous. (1) The Commissionmay at any time, add, vary, alter, modify oramend any of the provisions of theseRegulations.

(2) If any difficulty arises in giving effect toany of the provisions of these Regulations,the Commission may, by general or specificorder, do or undertake or permit theCommittee to do or undertake things, whichin the opinion of the Commission arenecessary or expedient to remove thedifficulty.

J. S. SEHRAWAT, Secy.[ADVT III/4/Exty./218-I/2009]_________

Notification

Gurgaon, the 8th February, 2010

No. JERC-10/2009. In exercise of powersconferred on it under Section 61 read withSection 181 of the Electricity Act, 2003(36 of 2003) and all other powers enabling it inthis behalf, the Joint State ElectricityRegulatory Commission for the State of Goaand Union Territories hereby makes thefollowing regulations, laying down Terms andConditions for Determination of Tariff, namely:

CHAPTER I

Preliminary

1. Short title, commencement and extent.(1) These Regulations shall be called the Joint

Electricity Regulatory Commission for theState of Goa and Union Territories (Terms andConditions for Determination of Tariff)Regulations, 2009.

(2) These Regulations shall come intoforce from the date of their publication in theOfficial Gazette.

(3) These Regulations shall extend to thewhole of the State of Goa and the UnionTerritories of Andaman and Nicobar Islands,Chandigarh, Dadra and Nagar Haveli, Damanand Diu, Lakshadweep and Puducherry.

2. Definitions. In these regulations, unlessthe context otherwise requires:

(1) Act means the Electricity Act, 2003 (36of 2003);

(2) Bank rate means the bank rate ofReserve Bank of India;

(3) Combined average unit cost of supplymeans the total revenue requirement for theyear adjusted by the revenue gaps of theprevious years, divided by the total energy saleduring the year.

(4) Commission means the JointElectricity Regulatory Commission for theState of Goa and the Union Territories ofAndaman and Nicobar Islands, Chandigarh,Dadra and Nagar Haveli, Daman and DiuLakshadweep and Puducherry constituted bythe Central Government under sub-section (5)of Section 83 of the Act;

(5) Conduct of Business Regulationsmeans the Joint Electricity RegulatoryCommission for the State of Goa and UnionTerritories (Conduct of Business) Regulations,2009;

(6) Current Year means the year in whichthe Aggregate Revenue Requirement petitionor petition for determination of tariff is to befiled;


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(7) Ensuing Year shall mean the yearimmediately following the current year;

(8) Force Majeure Event means eventbeyond the reasonable control of thegenerating company or the licensee, including,but not limited to earthquake, cyclone, flood,storm, war, terrorist attack, civil commotion orother similar occurrence that lead to any actthat would involve a breach of relevant lawsor Regulations;

(9) Integrated Utility means theDepartment of Power in the State of Goa andthe Union Territories of Andaman and NicobarIslands, Chandigarh, Dadra and Nagar Haveli,Daman and Diu, Lakshadweep andPuducherry, in its present form or thesuccessor entities performing more than oneof the functions of generation, transmissionand distribution after restructuring thereof;

(10) Open Access Customer means (a) aconsumer permitted by the Commission toreceive supply of electricity from a personother than distribution licensee of his area ofsupply, or (b) a generating company(including captive generating plant) or (c) alicensee, who has availed or intends to availof Open Access in accordance with theregulations as may be notified by theCommission for grant of open access to thetransmission lines and the distribution systemof a licensee;

(11) Open Access Regulations means theregulations as may be specified by theCommission for grant of open access to thetransmission lines and the distribution systemof a licensee;

(12) Other Business Regulations meansthe Joint Electricity Regulatory Commissionfor Goa & Union Territories (Treatment of OtherBusinesses of Transmission Licensees andDistribution Licensees) Regulations, 2009.Previous Year means the year immediatelypreceding the current year;

(13) State means the State of Goa, and theUnion Territories of Andaman and Nicobar

Islands, Chandigarh, Dadra and Nagar Haveli,Daman and Diu, Lakshadweep andPuducherry;

(14) Tariff means the schedule of chargesfor generation, transmission, and distributionof electricity determined by the Commissionfrom time to time;

(15) Year mean financial year ending on31st March.

(2) Words or expressions occurring in theseRegulations and not expressly defined hereinshall bear the same meaning as respectivelyassigned to them in the Act.

CHAPTER II

General Guiding Factors for Determination of Tariff

3. Tariff Determination. (1) TheCommission, while determining the tariff shallbe guided by the principles contained inSection 61 of the Act, namely:

(a) The principles and methodologiesspecified by the Central Commission fordetermination of the tariff applicable togenerating companies and transmissionlicensees;

(b) The generation, transmission,distribution and supply of electricity areconducted on commercial principles;

(c) The factors which would encouragecompetition, efficiency, economical use ofthe resources, good performance andoptimum investments;

(d) Safeguarding of consumers interestand at the same time, recovery of the costof electricity in a reasonable manner;

(e) The principles rewarding efficiency inperformance;

(f) Multi year tariff principles;

(g) That the tariff progressively reflectsthe cost of supply of electricity and also,


576

reduces and eliminates cross-subsidieswithin the period to be specified by theAppropriate Commission;

(h) The promotion of co-generation andgeneration of electricity from renewablesources of energy;

(i) The National Electricity Policy and TariffPolicy:

(2) The Commission shall subject to theprovisions of sub-regulation (23), determinethe tariff in accordance with the provisions ofthe Act, the Rules made thereunder and theseregulations, inter alia, for

(a) Supply of electricity by a generatingcompany to a distribution licensee:

Provided that the Commission may, in caseof shortage of supply of electricity, fix theminimum and maximum ceiling of tariff forsale or purchase of electricity in pursuanceof an agreement, entered into between agenerating company and a licensee orbetween the licensees, for a period notexceeding one year to ensure reasonableprices of electricity;

(b) Transmission of electricity;

(c) Wheeling of electricity;

(d) Retail sale of electricity:

Provided that in case of distribution ofelectricity in the same area by two or moredistribution licensees, the Commission may,for promoting competition amongdistribution licensees, fix only maximumceiling of tariff.

(3) In case it is not possible or practicable todetermine tariff separately for (a) to (c) above,the Commission may fix combined tariff formore than one of these activities as perrequirement.

(4) Where the tariff has been determinedthrough transparent process of bidding in

accordance with the guidelines issued by theCentral Government, the Commission shalladopt such tariff as laid down under Section63 of the Act.

(5) Where the Commission has allowedOpen Access to certain persons under Section42 of the Act, such persons, notwithstandingthe provisions of clause (d) of sub-section (1)of Section 62 of the Act, may enter into anagreement with any person for supply//purchase of electricity for this purpose onsuch terms and conditions (including tariff) asmay be agreed upon by them, subject to thepayment of various Open Access charges asdetermined by the Commission in accordancewith Open Access Regulations.

(6) The Commission while determining thetariff, shall not show undue preference to anyconsumer of electricity, but may differentiateaccording to the consumers load factor, powerfactor, voltage, total consumption of electricityduring any specified period or the time atwhich the supply is required or thegeographical position of any area, the natureof supply and the purpose for which the supplyis required.

(7) If the appropriate Government requiresthe grant of any subsidy to any consumer orclass of consumers in the tariff determined bythe Commission, the State Government shall,notwithstanding any direction which may begiven under Section 109 of the Act, pay, inadvance and in such manner as may bespecified, the amount to compensate theperson affected by the grant of subsidy in themanner the Commission may direct, as acondition for the licensee or any other personconcerned to implement the subsidy providedfor by the appropriate Government:

Provided that no such direction of the StateGovernment shall be operative if the paymentis not made in accordance with the provisionscontained in this Regulation and the tariff fixedby the Commission shall be applicable fromthe date decided as per the tariff order issuedby the Commission in this regard.


577

4. Periodicity of Tariff Determination. Notariff or part of any tariff may ordinarily beamended, more frequently than once in anyyear, except in respect of any changesexpressly permitted under the terms of the fuelsurcharge formula specified by theCommission.

5. Charging of Permissible Tariff. (1)Subject to the provisions of regulation 3 (4) and3 (5), no generating company or licensee shall,without prior approval of the Commission,charge any tariff:

Provided that the existing tariff beingcharged by the generating company or thelicensee shall continue to be charged evenafter the date of commencement of theseRegulations, till such time the tariff is revisedby the Commission.

(2) The generating company or the licenseeshall not charge a tariff in excess of the tariffdetermined by the Commission and if anygenerating company or licensee recovers aprice or charge exceeding the tariff determinedby the Commission, the excess amount shallbe recoverable by the person who has paidsuch price or charge along with interestequivalent to the bank rate without prejudiceto any other liability incurred by thegenerating company or the licensee.

6. Cross-Subsidy. (1) Cross-subsidy fora consumer category in the first phase (asdefined in sub-regulation 2 below) means thedifference between the average realization perunit from that category and the combinedaverage cost of supply per unit expressed inpercentage terms as a proportion of thecombined average cost of supply. In thesecond phase (as defined in sub-regulation 2below) means the difference between theaverage realization per unit from that categoryand the combined per unit cost of supply forthat category expressed in percentage termsas a proportion of the combined cost of supplyof that category.

(2) The Commission shall determine the

tariff to progressively reflect the cost of supplyof electricity and also reduce cross subsidieswithin a reasonable period. To this purpose,in the first phase the Commission shalldetermine tariff so that it progressively reflectscombined average unit cost of supply inaccordance with National Tariff Policy. In thesecond phase, the Commission shall considermoving towards the category-wise cost ofsupply as a basis for determination of tariff.

7. Fuel Surcharge Formula. (1) The fuel costrevisions for the generating companies/unitsowned by the licensee that are due to reasonsbeyond the control of the generatingcompanies/the licensee be in accordance withthe fuel surcharge formula as may be decidedby the Commission from time to time.

(2) The generating company or the licenseemay determine such charge in accordancewith the specified formula and recover thesame from such categories of consumers or thelicensees, as the case may be after followingprocedure and the terms and conditionsattached thereto.

8. Review and Truing Up. (1) TheCommission shall undertake a review alongwith the next Tariff Order of the expenses andrevenues approved by the Commission in theTariff Order. While doing so, the Commissionshall consider variations between approvalsand revised estimates/pre-actuals of sale ofelectricity, income and expenditure for therelevant year and permit necessaryadjustments/changes in case such variationsare for adequate and justifiable reasons. Suchan exercise shall be called Review.

(2) (i) After audited accounts of a year aremade available, the Commission shallundertake similar exercise as above withreference to the final actual figures as per theaudited accounts. This exercise withreference to audited accounts shall be calledTruing Up.

(ii) The Truing Up for any year will ordinarilynot be considered after more than one year ofReview.


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(3) The revenue gap of the ensuing yearshall be adjusted as a result of review andtruing up exercises.

(4) While approving such expenses//revenues to be adjusted in the future yearsas arising out of the Review and/or Truing upexercises, the Commission may allow thecarrying costs as determined by theCommission of such expenses/revenues.Carrying costs shall be limited to the interestrate approved for working capital borrowings.

(5) For any revision in approvals, the licenseewould be required to satisfy the Commissionthat the revision is necessary due to conditionsbeyond its control.

(6) In case additional supply is required tobe made to any particular category, thelicensee may, any time during the year makean application to the Commission for itsapproval. The application will demonstrate theneed for such change of consumer mix andadditional supply of power and also indicatethe manner in which the licensee proposes tomeet the cost for such change of consumer mixand additional supply of power.

(7) The Commission may consider grantingapproval to such proposals provided the costof additional supply is ordinarily met by thebeneficiary category.

9. Excess or Under Recovery with Respectto Norms and Targets. (1) The generatingcompany or the licensee, as the case may be,shall pass on to the consumers, the 70% of thegain arising from over achievement of thenorms laid down by the Commission in theseRegulations or targets set by the Commissionfrom time to time and retaining balance 30%with themselves.

(2) The generating company or the licensee,as the case may be, shall bear the entireloss on account of its failure to achievethe norms laid down by the Commission ortargets set by the Commission from time totime.

10. Regulatory Asset. Only inextraordinary circumstances, the Commissionmay allow creation of Regulatory Asset in casethe Revenue Gap is very substantial and is onaccount of one time factors beyond control ofthe generating company or the licensee andits full recovery in a single year will result intariff shock for the consumers.

The Regulatory Assets so created along withcarrying cost shall be liquidated in maximum3 years period immediately following the yearin which it is created.

11. Multi-Year Tariff. (1) The Commissionmay adopt multi-year tariff principles formatters relating to calculation of revenuerequirements and tariff determination of thegenerating companies and the licenseesincluding the extent of investments, reductionof loss levels, other efficiency gains, revisionin charges, changes in tariff structure, andsuch other matters as the Commission may bya general or special order direct.

(2) The Commission may, as and when itconsiders appropriate, issue guidelines forfiling of Revenue Requirement and TariffProposals for a period of more than a singlefinancial year and unless waived by theCommission, the generating company and thelicensee shall follow such guidelines issued bythe Commission.

CHAPTER III

Tariff Application

12. Filing. (1) Each generating companyand the licensee shall file Tariff Application onor before 30th November each year with theCommission, in the format as may be laid downby the Commission which shall includestatements containing calculation of theexpected aggregate revenue from chargesunder its currently approved tariff and theexpected cost of providing services i.e.Aggregate Revenue Requirement (ARR)during the Previous Year, Current Year andEnsuing Year. The information for the PreviousYear should be based on audited accounts, ifavailable.


579

The Tariff Application shall also contain tariffproposals so as to fully cover the gap betweenthe expected aggregate revenue at theprevalent tariff and the expected cost ofservices including schemes for reduction inloss levels and other efficiency gains to beachieved.

A set of preformae in which the integratedutility has to file Tariff Application is enclosed(Information to be furnished in Formats 1 to28). Generating companies shall furnishinformation in respect of their generatingstations in the Generating formats 1G to 12G.

(2) In case a generating company or thelicensee does not submit the Tariff Applicationwithin the time allowed by the Commission,the Commission may consider taking up thematter suo motu.

(3) In case a licensee carries on any businessother than the licensed business, thestatements referred to in sub-regulation (1)above shall be given separately for eachbusiness of the licensee and in such manneras the Commission may direct.

(4) The applications under this Regulationshall be accompanied by such fees as specifiedin the Commissions Conduct of BusinessRegulations.

(5) The application and the tariff proposalswill be given due publicity by the generatingcompany or the Licensee as the case may be,through newspapers as specified in regulation29 of the Conduct of Business Regulations, andin accordance with any further directions//orders issued by the Commission, to call forobjections from the interested persons and theAppropriate Government.

(6) The generating company or the licenseeshall furnish to the Commission suchinformation, particulars and documents as theCommission may require, from time to time fordetermination of tariff.

13. Aggregate Revenue Requirement. (1)The Aggregate Revenue Requirement of the

generating company or the licensee shallcomprise of the following:

(a) Fuel Cost for own generation, ifapplicable.

(b) Cost of Power Purchase, if any

(c) Operation and MaintenanceExpenses.

(d) Depreciation, including Advanceagainst Depreciation.

(e) Interest and Cost of Finance.

(f) Return on Equity.

(g) Income Tax.

(h) Provision for Bad & Doubtful Debts.

(i) Other Expenses.

(2) The data should be provided for threeyears.

(i) Audited figures for the previous year;

Information for the previous year shall bebased on the audited accounts; in theabsence thereof, the audited accounts forthe immediately preceding year shall be filedalong with the un-audited accounts for theprevious year.

(ii) Estimated figures for the currentfinancial year should be based on actualfigures for the first six months and theestimated figures for the second six monthsof the year. The estimated figures for thesecond half year of the current financialyear should be based on the actual auditedfigures for the second half of the previousyear with adjustments that reflect knownand measurable changes expected tooccur between them. These adjustmentsmust be specifically documented andjustified.


580

(iii) Forecasted figures for the ensuingyear should be based on the current yearfigures with adjustments that reflect knownand measurable changes expected to occurbetween them. These adjustments must bespecifically documented and justified.

(3) The information to be provided shall alsoinclude:

(i) A state of current tariff rates allapplicable terms and conditions, and theexpected full year revenue from theprojected sales at the current tariff rates inthe year in which the new tariffs are to beimplemented.

(ii) A statement showing calculations ofthe estimated cost of providing the servicerequired by the level of demand indicatedin sub clause (i) above for each consumerclass during the same period.

(iii) A statement of the proposed tariff rate,price and charge, including a full statementof all applicable terms and conditions, ascompared to those referred to (i) above. Thisstatement should be shown in a formappropriate to the proposed tariff structure.Details should also be supplied of thepublicity intended to be given to new tariffoptions when they are to be implemented.

(iv) A statement of the expected full-yearrevenue of the proposed tariff for the year inwhich the tariff is to be implemented.

(v) If the proposed tariff is to be introducedafter the beginning of the financial year astatement of the proportion of expectedrevenue and quantities supplied undereach proposed rate during the remainingmonths of the financial year should beincluded.

(vi) A statement of the estimated changein annual expected revenue that wouldresult from the proposed tariff changes inthe year in which they are to beimplemented state in Rupees andPercentage terms.

(vii) A study of marginal cost of thegenerators business, including timedifferentiated (time of use) short termmarginal costs by voltage levels (whereverapplicable) and a written explanation of themethod used to calculate marginal costs. Inaddition, the statement shall include acomparison of the percentage of marginalcosts recovered by the current andproposed tariff.

(viii) A written explanation of the rationalefor the proposed changes in tariff and othercharges, along with justification of the returnon equity being requested.

(ix) A statement containing full details ofthe calculation of any subsidy/subventionsreceived, due or assumed to be due fromthe State Government.

(x) A written explanation supported bycalculations of tariff rates, of any proposednew tariff.

(xi) Such other information as theCommission may direct from time to time.

(4) The Aggregate Revenue Requirement ofthe generating company or the licensee shallbe worked out by adjusting the following inthe revenue requirement computed underClause (1) above:

(i) Necessary adjustments underRegulation 9 Review and Truing Up;

(ii) Income from surcharge and additionalsurcharge from Open Access Consumers, ifany;

(iii) Transmission and/or WheelingCharges recovered from the Open AccessCustomers, if any;

(iv) Authorized portion of income//revenue from Other Business engaged inby the licensee for optimum utilization ofassets, if any, in accordance with theprovisions of the Other Business Regulationsissued by the Commission.


581

14. Estimation of Sales. (1) The licenseeshall submit actual recorded restricteddemand (in MW), unrestricted demand (inMW) and sale of electricity (in MU) for differentcategories of consumers in its area of supplyfor Previous Year, revised estimates for theCurrent Year and forecast for the Ensuing Year.(Information to be furnished in Format-1):

Provided that, where the category-wiseunrestricted/restricted demand is notavailable, these figures may be supplied for thearea as a whole, along with an ExplanatoryNote giving inter alia the likely date by whichsuch data are likely to be available and thesteps taken/proposed to be taken in thatregard.

(2) The Commission shall examine theestimates of sales for reasonableness based onchanges in number of consumers,consumption, losses and demand of electricityin previous years and anticipated growth inthe next year and any other factors andapprove sale of electricity to consumers afterconsidering the relevant factors.

(3) The licensee shall assess and forecastsales to un-metered agricultural category onthe basis of the consumption norms foragricultural pump sets or on any other basis,determined, or otherwise found reasonable bythe Commission.

Where such norms have already beendetermined by the Government prior tothe notification of these Regulations, thenorms so determined shall continue to remainin force until the same are revised by theCommission.

(4) Sale of electricity, if any, to other licenseesshall be separately indicated.

(5) The licensee shall also indicateseparately the sale of electricity, if any, outsidethe State/UT including by way of UnscheduledInterchange (wherever possible) or inaccordance with an Agreement(s) executedfor this purpose.

(6) The licensee should develop a robustdatabase of all consumer categories withparticulars such as their demand, energyconsumption etc., so as to facilitate accurateforecasting in future.

15. AT & C Losses. (1) The licensee shallgive information of total AT & C losses inPrevious Year and Current Year and the basison which such losses have been worked out.(Information to be furnished in Format 2).

(2) The licensee shall also propose a lossreduction programme for the Ensuing Year aswell as for the next three years giving detailsof the measures proposed to be taken forachieving the same.

(3) Based on the information furnished andfield studies carried out and the loss reductionprogram proposed by the licensee, theCommission shall fix separate targets forreduction of Transmission and Distributionlosses and for commercial efficiency for theperiod specified by the Commission:

Provided further that in the event ofunbundling of the integrated utility, theCommission may fix separate transmission anddistribution loss targets and commercialefficiency targets, as the case may be, for eachsuccessor licensee taking into account its areaof operation, its consumer mix, state of thenetwork, level of metering, metering initiativesplanned, etc.

(4) The licensee shall conduct regularenergy audit to substantiate its estimation ofT&D losses. The licensee shall also furnish sixmonthly energy audit reports to theCommission.

The energy audit report for the first sixmonths of the year shall be provided byNovember end of the same year. Similarlyenergy audit report for the last six months ofthe year shall be provided by May end of thenext year.

(5) In the absence of energy audit, theCommission may not accept the claim of the


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licensee and may proceed to fix the loss levelson the basis of any other information availableand its own judgment.

16. Estimate of Energy Input Requirement.(1) Based on the energy sales and thetransmission and distribution losses approvedby the Commission for the relevant years, thequantum of electricity required to meet theestimated sales shall be worked out.

(2) The licensee shall procure power fromapproved sources and through othercontractual obligations. Additional energyrequired after taking into account theavailability of energy from such approvedsources, shall be procured based on theranking (Merit Order Dispatch) of all sourcesof supply.

(3) For purchase of electricity from sourcesoutside the State, the transmission loss levelagreed to in the power purchase agreement(PPA) or worked out from energy accounts ofRLDC/SLDC shall be accepted.

(Information to be furnished in Format-3)

17. Cost of Power Purchase. (1) Thelicensee shall procure electricity inaccordance with the provisions of Regulation60 of the Joint Electricity RegulatoryCommission (Conduct of Business)Regulations, 2009 except in case of existingState-owned generating stations andgenerating stations owned or operated by thelicensee.

(2) Where power is purchased by thelicensee from State-owned existing generatingstations owned or operated by the licensee,the cost of power purchase shall be workedout based on the price determined by theCommission.

(3) The cost of power purchased from centralgenerating companies shall be workedout based on the tariff determined by theCentral Electricity Regulatory Commission(CERC).

(4) The cost of power purchased fromnuclear power generating stations of NPCILshall be worked out on the basis of tariffnotified by the Department of Atomic Energyunder the Atomic Energy Act, 1961.

(Information to be furnished in Format-4)

18. Variation in Power Purchase Cost. Anypower purchased by the licensee over andabove the requirement of power approved bythe Commission shall be considered by theCommission and if the variations are forreasons beyond the reasonable control of thelicensee, the resultant additional cost due topurchase of such power shall be adjusted innext years ARR.

19. Cost of Generation. While determiningthe cost of generation of each thermal/gas//hydro electric generating stations locatedwithin the State, the Commission shall beguided, as far as feasible, by the principles andmethodologies of CERC, as amended from timeto time.

(Information to be furnished inFormat - 1G to 12G)

20. Cost of Transmission. While deter-mining the cost of transmission for use oftransmission network of each transmissionlicensee, the Commission shall be guided, asfar as feasible, by the principles andmethodologies specified by CERC as amendedfrom time to time for determination of tariffapplicable to transmission licensee.

21. Capital Investment Plan. (1) Thegenerating company and the licensee shallpropose in their filings, a detailed capitalinvestment plan, showing separately ongoingprojects that will spill into the Ensuing Yearand new projects (along with their justification)that will commence in the Ensuing Year.

(2) The Commission may consider thegenerating company/licensees investmentplan for approval and for this purpose mayrequire the generating company/licensee to


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provide relevant technical and commercialdetails. The carrying costs corresponding tothe approved investment plan for a given yearshall normally be considered for its revenuerequirement.

(3) In presenting the justification for newprojects, the generating company and thelicensee shall detail the specific nature of theworks and outcomes sought to be achieved,and such details must be shown in the form ofphysical parameters, e.g. new capacity added,to be added, meters replaced, customerservice centers set up etc., so that it isamenable for physical verification. In case ofany significant shortfall in physicalimplementation, the Commission may requirethe generating company/licensee to explainthe reasons, and may proportionately reducethe provision, including the interest and thereturn on equity, made towards revenuerequirement, in the next period.

(4) To meet natural calamities involvingsubstantial investments, the generatingcompany and the licensee may, any timeduring the tariff year, seek provision foradditional capital expenditure and theCommission shall examine and review theseprovisions in the manner as given in sub--regulation clause (2) above and approve theirinclusion in revenue requirement in the nextperiod.

(Information to be furnished in Format - 5)

22. Capital Cost and Capital Structure. (1)The approved investment plan of thegenerating company or the licensee shall bethe basis for determining, the relevantcomponents of ARR for each financial year:

Provided that only those projects/works shallbe capitalized that have been completed andput to use.

(2) Investments made prior to and up to 31stMarch immediately preceding the date of thenotification of these Regulations or date ofreceipt of a petition of tariff determination

whichever is earlier shall be considered on thebasis of audited accounts or approvals alreadygranted by the Commission.

(3) Scrutiny of the capital cost estimates bythe Commission shall include thereasonableness, financing plan, interestduring construction, use of efficienttechnology, gestation period and such othermatters relevant for determination of tariff.

(4) Swapping of debt and equity shall bepermitted provided it does not affect tariffcharges adversely. The benefits accruing fromsuch swapping shall pass on to the consumers.

(5) Restructuring of capital cost in terms ofrelative share of equity and loan shall ordinarilynot be permitted.

(Information to be furnished inFormat 6 & 7)

23. Debt-Equity Ratio. (1) For the purposeof determination of tariff, debt-equity ratio incase of existing, ongoing as well as newprojects commencing after the date ofnotification of these Regulations shall be 70:30.Where equity employed is more than 30%, theamount of equity for the purpose of tariff shallbe limited to 30% and the balance amount shallbe considered as loan. Where actual equityemployed is less than 30%, the actual debt andequity shall be considered for determinationof tariff:

Provided that the Commission may, inappropriate cases, consider equity higher than30% for the purpose of determination of tariff,where the generating company or the licenseeis able to establish to the satisfaction of theCommission that deployment of equity morethan 30% is in the interest of the general public.

(2) The debt and equity amounts arrived atin accordance with sub-regulation (1) aboveshall be used for all purposes including fordetermining interest on loan, return on equity,Advance against Depreciation and ForeignExchange Rate Variation:


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Provided that in the case of an IntegratedUtility, till the time it remains Integrated Utility,it shall be entitled to return on its capital baseas per Schedule VI to the repealed Electricity(Supply) Act, 1948.

24. Return on Equity. (1) Subject to theproviso to Regulation 23(2), Return on Equityshall be computed on the paid up equitycapital determined in accordance withRegulation 23 and shall be guided by theCentral Electricity Regulatory Commission(Terms and Conditions of Tariff) Regulations,2004 as amended by the CERC from time totime. The same principles will apply fordistribution business also as far as possible.

(2) Equity invested in foreign currency shallbe allowed a return up to the prescribed limitunder sub-regulation (1) above in the samecurrency and the payment on this accountshall be made in Indian Rupees based on theexchange rate prevailing on the due date ofbilling. The difference in actual exchange rateand the provisional exchange rate consideredwhile determining the ARR and Tariff shall betaken into consideration at the time of TruingUp.

(3) The premium raised by the generatingcompany or the licensee while issuing sharecapital and investment of internal resourcescreated out of free reserve, if any, shall also bereckoned as paid up equity capital for thepurpose of computing return on equity, subjectto limit prescribed in Regulation 24, providedsuch premium amount and internal resourcesare actually utilized for meeting capitalexpenditure.

25. Interest and Finance Charges on Loan.(1) For existing loan capital, interest andfinance charges on loan capital shall becomputed on the outstanding loans, dulytaking into account the rate of interest andschedule of repayment as per the terms andconditions of relevant agreements.

(2) Interest and finance charges on loancapital for new investments shall be computedon the loans, duly taking into account the rate

of interest and the schedule of repayment asper the terms and conditions of relevantagreements. The rate of interest shall,however, be restricted to the prevailing PrimeLending Rate of the State Bank of India.

(3) The interest rate on the amount of equityabove 30% treated as loan shall be theweighted average rate of interest on loancapital of the generating company/licensee:

Provided that interest and finance chargesof renegotiated loan agreements shall not beconsidered, if they result in higher charges:

Provided further that interest and financecharges on works in progress shall beexcluded and shall be considered as part ofthe capital cost.

(4) Interest charges on security deposits, ifany, made by the consumers with a generatingcompany/licensee, shall be equivalent to thebank rate or at the rate, if any, specified by theCommission whichever is higher.

(5) In case any moratorium period is availedof, depreciation provided for in the tariff duringthe years of moratorium shall be treated asrepayment during those years and interest onloan capital shall be calculated accordingly.

(6) The Commission shall allow obligatorytaxes on interest, commitment charges, financecharges and any exchange rate differencearising from foreign currency borrowings, asfinance cost.

(7) Any saving in costs on account ofsubsequent restructuring of debt shall bepassed on to the consumers.

(Information to be furnished inFormat 9 to 11)

26. Depreciation. (1) For the purpose oftariff, depreciation shall be computed in thefollowing manner:

(i) The value base for the purpose ofdepreciation shall be the historical cost of the


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assets, that is actual expenses limited toapproved capital cost where such capital costhas been approved by the Commission:

Provided that land is not a depreciable assetand its cost shall be excluded from the capitalcost while computing depreciation.

(ii) The historical cost of the asset shallinclude additional capitalization.

(iii) The historical cost shall include foreigncurrency funding converted into equivalentrupees at the exchange rate prevalent on thedate when foreign currency was actuallyavailed but not later than the date ofcommercial operation.

(iv) Depreciation for generation andtransmission assets shall be calculatedannually as per straight-line method over theuseful life of the asset at the rate of depreciationspecified by the Central Electricity RegulatoryCommission from time to time:

Provided that the total depreciation duringthe life of the asset shall not exceed 90% of theoriginal cost.

Depreciation for distribution and otherassets not covered by CERC shall be as perGovernment of India norms of 1994 as may berevised by the Commission from time to time.

(Information to be furnished in Format 12)

(2) The generating company and thelicensees shall make all efforts for aligning thetenure of long term debt with permissible rateof depreciation to reduce front loading of tariffs.In case of inadequacy of cash for repaymentof debt, only in extreme cases, the Commissionmay allow Advance Against Depreciation(AAD) in addition to the allowable Depreciationin the following manner:

AAD = Loan repayment amount as per theschedule of repayment subject to a ceiling of1/10th of the loan amount as per Regulation24 minus depreciation as per schedule:

Provided that Advance against Depreciationshall be permitted only if the cumulativerepayment up to a particular year exceeds thecumulative depreciation upto that year:

Provided further that Advance againstDepreciation in a year shall be restricted to theextent of difference between cumulativerepayment and cumulative depreciation up tothat year.

(3) On repayment of entire loan, theremaining depreciable value shall be spreadover the balance useful life of the asset.

(4) Depreciation shall be chargeable from thefirst year of operation. In case of operation ofthe asset for part of the year, depreciation shallbe charged on pro-rata basis.

(Information to be furnished in Format 13)

27. Operation and Maintenance Expenses.(1) Operation & Maintenance expenses orO&M expenses shall mean repair andmaintenance (R&M) expenses (Information tobe furnished in Format 14), employeesexpenses (F

jerc regulations

Documents

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