Section 2 in The Maharashtra Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2005
2. Definitions.
- 2.1 In these Regulations unless the context otherwise requires:(a)"Accounting Statement" means for each financial year, the following statements, namely-(i)balance sheet, prepared in accordance with the form contained in Part I of Schedule VI to the Companies Act, 1956;(ii)profit and loss account, complying with the requirements contained in Part II of Schedule VI to the Companies Act, 1956;(iii)cash flow statement, prepared in accordance with the Accounting Standard on Cash Flow Statement (AS-3) of the Institute of Chartered Accountants of India;(iv)report of the statutory auditors';(v)cost records prescribed by the Central Government under Section 209(1)(d) of the Companies Act, 1956;together with notes thereto, and such other supporting statements and information as the Commission may direct from time to time;Provided that in case of any local authority engaged in the business of distribution of electricity, the Accounting Statement shall mean the items, as mentioned above, prepared and maintained in accordance with the relevant Acts or Statutes as applicable to such local authority.(b)"Act" means the Electricity Act, 2003 (36 of 2003), including amendments thereto;(c)"Allocation Statement" means for each financial year, a statement in respect of each of the separate businesses of the Licensee, showing the amounts of any revenue, cost, asset, liability, reserve or provision, which has been either;(i)charged from or to each such separate business together with a description of the basis of that charge; or(ii)determined by apportionment or allocation between the Licensed Business and every other separate business of the Licensee, together with a description of the basis of the apportionment or allocation;Provided that such allocation statement in respect of a generating station shall be maintained in a manner so as to enable tariff determination, stagewise, unit wise or for the whole generating station as provided in Regulation 27 of these Regulations.(d)"Applicant" means a Licensee or Generating Company who has made an application for determination of tariff or an application for annual performance review in accordance with the Act and these Regulations and includes a Licensee or Generating Company whose tariff is the subject of a review by the Commission either suo motu or on a petition filed by any interested or affected person or as part of an annual performance review;(e)"Aggregate Revenue Requirement" means the requirement of the Licensee for recovery, through tariffs, of allowable expenses and return on capital pertaining to his Licensed Business, in accordance with these Regulations;(f)"Auxiliary Consumption" in relation to a period, means the quantum of energy consumed by auxiliary equipment of the generating station and shall be expressed as a percentage of the sum of gross energy generated at the generator terminals of all the units of the generating station:and, for the purpose of these Regulations, auxiliary consumption for a thermal generating station shall include transformer losses within the generating station;(g)"Availability" in relation to a thermal generating station for any period means the average of the daily average declared capacities for all the days during that period expressed as a percentage of the installed capacity of the generating station minus normative auxiliary consumption in MW, as specified in these Regulations, and shall be computed in accordance with the following formula:NAvailability = 1000 x ∑DC1 { N x IC x (100 - AUXn) } %where - N = number of time blocks in the given periodDC = Average Declared Capacity for the ith time block in such periodIC = Installed Capacity of the generating station in MWAUX = Normative Auxiliary Consumption in MW, expressed as a percentage of gross generation(h)"Availability" in relation to a transmission system for a given period means the time in hours during that period the transmission system is capable of transmitting electricity at its rated voltage expressed in percentage of total hours in the given period and shall be calculated as provided in Annexure-II to these Regulations;(i)"Balancing and Settlement Code" refers to such code as may be stipulated by the Commission or as may be published by the State Load Despatch Centre and approved by the Commission, for the balancing of energy accounts and settlement of differences between energy scheduled and actual energy among the users of the grid in the State of Maharashtra;(j)"Block" in relation to a combined cycle thermal generating station includes combustion turbine - generators, associated waste heat recovery boilers, connected steam turbine - generators and auxiliaries;(k)"Bulk Power Transmission Agreement" means an agreement that contains the terms and conditions under which a Transmission System User is entitled to the access to an intra-State transmission system of a Transmission Licensee;(l)"Commission" means the Maharashtra Electricity Regulatory Commission;(m)"Conduct of Business Regulations" means such regulations as may be specified under clause (zl) of sub-section (2) of Section 181 read with sub-section (1) of Section 92 of the Act;(n)"Control Period" means a period comprising one or more financial years, as may be stipulated by the Commission, for submission of forecast in accordance with Part C of these Regulations;(o)"Cut-off Date" means the date of the first financial year closing after three hundred and sixty-five (365) days of the date of commissioning of a generating station;(p)"Daily Capacity Index" means the declared capacity expressed as a percentage of the maximum available capacity for the day and shall be calculated in accordance with the following formula:Daily Capacity Index = Declared Capacity (MW) x 100/Maximum Available Capacity (MW) and the term "Capacity Index" for any period shall be the average of the daily capacity indices calculated as above, for such period;(q)"Date of commissioning" means-,(i)in relation to a unit of a generating station, means the date declared by the Generating Company after demonstrating the Maximum Continuous Rating or Installed Capacity through a successful trial run;(ii)in relation to a generating station, the date of commissioning of the last unit or block of the generating station in accordance with clause (i) above; and(iii)in relation to a capital expenditure project relating to the Transmission Business, Distribution Business or Retail Supply Business of a Licensee, the date on which the project is ready to be put to commercial use;(r)"Declared Capacity" means-(i)for a thermal generating station, the capability of the generating station to deliver ex-bus electricity in MW declared by such generating station in relation to any period of the day or whole of the day, duly taking into account the availability of fuel:Provided that in case of a gas turbine generating station or a combined cycle generating station, the generating station shall declare the capacity for units and modules on gas fuel and liquid fuel separately, and these shall be scheduled separately. Total declared capacity and total scheduled generation for the generating station shall be the sum of the declared capacity and scheduled generation for gas fuel and liquid fuel for the purpose of computation of availability and Plant Load Factor respectively;(ii)for run-of-river hydro power generating stations with pondage and storage-type power stations, the ex-bus capacity in MW expected to be available from the generating station over the peaking hours of the next day, as declared by the generating station, taking into account the availability of water, optimum use of water and availability of machines and for this purpose, the peaking hours shall not be less than three (3) hours within a twenty-four (24) hour period;(iii)for purely run-of-river hydro power generating stations, the ex-bus capacity in MW expected to be available from the generating station during the next day, as declared by the generating station, taking into account the availability of water, optimum use of water and availability of machines;(s)"Deemed Generation" means the energy which a hydro power generating station was capable of generating but could not generate due to reasons beyond the control of the generating station or on account of non-availability of Transmission Licensee's transmission lines or on receipt of backing down instructions from the State Load Despatch Centre resulting in spillage of water;(t)"Design Energy" in relation to a hydro power generating station means the quantum of energy which could be generated in a 90 per cent dependable year with 95 per cent installed capacity of the generating station;(u)"Distribution Business" means the business of operating and maintaining a distribution system for supplying electricity in the area of the supply of the Distribution Licensee;(v)"Distribution Open Access Regulations" means the regulations as may be specified by the Commission under sub-section (47) of Section 2 read with sub-section (2), (3) and (4) of Section 42 of the Act;(w)"Existing Generating Station" means a generating station which had a date of commissioning prior to the date of notification of these Regulations;(x)"Expected Revenue from Tariff and Charges" means the revenue estimated to accrue to the Licensee from the Licensed Business at the prevailing tariffs;(y)"Fees and Charges Regulations" means such regulations as may be specified under clause (zp) of sub-section (2) of Section 181 read with clause (g) of sub-section (1) of Section 86 of the Act;(z)"Force Majeure Event" means, with respect to any party, any event or circumstance which is not within the reasonable control of, or due to an act or omission of, that party and which, by the exercise of reasonable care and diligence, that party is not able to prevent, including, without limiting the generality of the foregoing:(i)acts of God, including but not limited to lightning, storm, action of the elements, earthquakes, flood, drought and natural disaster;(ii)strikes, lockouts, go-slow, bandh or other industrial disturbances;(iii)acts of public enemy, wars (declared or undeclared), blockades, insurrections, riots, revolution, sabotage, vandalism and civil disturbance;(iv)unavoidable accident, including but not limited to fire, explosion, radioactive contamination and toxic dangerous chemical contamination;(v)any shutdown or interruption of the grid, which is required or directed by the State or Central Government or by the Commission or the State Load Despatch Centre; and(vi)any shut down or interruption, which is required to avoid serious and immediate risks of a significant plant or equipment failure;(za)"Generation Business" means the business of production of electricity from a generating station for the purpose of giving supply to any premises or enabling a supply to be so given;(zb)"Gross Calorific Value" in relation to a thermal generating station means the heat produced in kCal by complete combustion of one kilogram of solid fuel or one litre of liquid fuel or one standard cubic meter of gaseous fuel, as the case may be;(zc)"Gross Station Heat Rate" means the heat energy input in kCal required to generate one kWh of electrical energy at generator terminals;(zd)"Installed Capacity" means the summation of the name plate capacities of all the units of the generating station or the capacity of the generating station (reckoned at the generator terminals) as approved by the Commission from time to time;(ze)"Maximum Available Capacity" in relation to a hydro power generating station means-(i)for run-of-river hydro power generating stations with pondage and storage-type power stations, the maximum capacity in MW that the generating station can generate with all units running under prevailing conditions of water levels available for usage and flows over the peaking hours of the next day, and for this purpose, the peaking hours shall not be less than three (3) hours within a twenty-four (24) hour period;(ii)for purely run-of-river hydro power generating stations, the maximum capacity in MW that the generating station can generate with all units running under prevailing conditions of water levels available for usage and flows over the peaking hours of the next day;(zf)"New Generating Station" means a generating station with a date of commissioning on or after the date of notification of these Regulations;(zg)"Non-Tariff Income" means income relating to the Licensed Business other than from tariff, excluding any income from Other Business and, in case of the Retail Supply Business of a Distribution Licensee, excluding income from wheeling and receipts on account of cross-subsidy surcharge and additional surcharge on charges of wheeling;(zh)"Officer" means an officer of the Commission;(zi)"Other Business" means any business engaged in by a Transmission Licensee under Section 41 of the Act or by a Distribution Licensee under Section 51 of the Act for optimum utilization of the assets of such Transmission Licensee or of such Distribution Licensee;(zj)"Plant Load Factor", for a given period, means the total sent-out energy corresponding to scheduled generation during such period, expressed as a percentage of sent out energy corresponding to installed capacity in that period and shall be computed in accordance with the following formula:Ni Plant Load Factor (%) = 1000 x ∑SG1 { N x IC x (100 - AUXn) } %i = 1where - N = number of time blocks in the given periodSG = Scheduled Generation in MW for the ith time block in such periodIC = Installed Capacity of the generating station in MWAUX = Normative Auxiliary Consumption in MW, expressed as a percentage of gross generation(zk)"Rated Voltage" means the manufacturer's design voltage at which the transmission system is designed to operate or such lower voltage at which the line is charged, for the time being, in consultation with Transmission System Users;(zl)"Retail Supply Business" means the business of sale of electricity by a Distribution Licensee to his consumers in accordance with the terms of his licence;(zm)"Run-of-river power station" means a hydro power generating station with or without upstream pondage;(zn)"Scheduled Generation" at any time or for any given period or time block means the schedule of generation in MW ex-bus given by the State Load Despatch Centre;(zo)"Secretary" means the Secretary to the Commission;(zp)"Standards of Performance Regulations" means the regulations as may be specified by the Commission under Section 57 and Section 59 of the Act;(zq)"Storage type power station" means a hydro power generating station associated with large storage capacity to enable variation in generation of electricity according to demand;(zr)"Transmission Business" means the business of establishing or operating transmission lines;(zs)"Transmission Open Access Regulations" means the regulations as may be specified by the Commission under sub-section (47) of Section 2 read with Section 30 of the Act;(zt)"Transmission System User" means a person who has been allotted transmission capacity rights to access an intra-state transmission system pursuant to a Bulk Power Transmission Agreement, except as provided in the Transmission Open Access Regulations;(zu)"Unit" in relation to a thermal generating station means steam generator, steam turbine, generator and auxiliaries and in relation to a combined cycle thermal generating station, means gas turbine, generator and auxiliaries.2.2Words or expressions used herein and not defined shall have the meanings assigned to them in the Act, Rules or Regulations.
