Section 26(26) in The Maharashtra Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2005
26.2The Commission shall be guided by the terms and conditions contained in this Part in determining the tariff for supply of electricity by a Generating Company to a Distribution Licensee in the following cases:(a)where such tariff is pursuant to a power purchase agreement or arrangement entered into subsequent to the date of notification of these Regulations; or(b)where such tariff is pursuant to a power purchase agreement or arrangement entered into prior to the date of notification of these Regulations and the Commission has not previously approved of such agreement/arrangement or adopted the tariff contained therein; or(c)where such tariff is pursuant to a power purchase agreement or arrangement which is the subject of a review by the Commission under Regulation above; or(d)where the Distribution Licensee is engaged in the business of generation of electricity, in determining the transfer price at which electricity is supplied by the Generation Business of the Distribution Licensee to his Retail Supply Business:Provided that the Commission may deviate from the norms contained in this Part or specify alternative norms for particular cases, where it so deems appropriate, having regard to the circumstances of the case:Provided that the reasons for such deviation shall be recorded in writing:Provided further that in case of an existing generation station, the Commission shall determine the tariffs having regard to the historical performance of such generating station and reasonable opportunities for improvement in performance, if any.
