Section 10 in The West Bengal Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2011
10. Additional Surcharge. -
10.1- When the Commission permits a consumer or class of consumers to receive supply of electricity from a person other than the distribution licensee of his area of supply, such consumer shall pay additional surcharge to meet the fixed charges as specified in the open access regulations.Provided if any consumer of a distribution licensee chooses the supply of electricity for his premises from another distribution licensee empowered to supply the said consumer under the terms of the latter's licence and such supply is effected through the latter's own network only, then the additional surcharge will not be applicable.10.2- A consumer availing open access and receiving supply of electricity from a person other than a distribution licensee of his area of supply, shall pay the distribution licensee an additional surcharge, in addition to any other charges including wheeling charges and surcharge(s) to meet the fixed cost of such distribution licensee arising out of his obligation to supply, in accordance with sub-section (4) of section 42 of the Electricity Act, 2003.10.3- The Commission shall fix the amount of additional surcharge through individual orders in a case specific manner keeping in view the amount of fixed cost as has been allowed by the Commission to such distribution licensee towards his distribution business from year to year basis.10.4- The additional surcharge shall be decided and leviable for such period as the Commission may determine, keeping in view, inter-alia, sales growth.
