A
[see regulations 4(1) and 5(6)]Application form for submitting expression of interest by an entity desirous of laying, building, operating or expanding a petroleum and petroleum products pipeline.A. Only an entity which complies with the minimum eligibility criteria as per regulation 5(6) of the Petroleum and Natural Gas Regulatory Board (Authorizing Entities to Lay, Build, Operate or Expand Petroleum and Petroleum Products Pipelines) Regulations, 2010 is eligible to submit its application for submission of expression of interest to the Board.B. Entities must enclose documentary proof in support of its meeting the minimum eligibility criteria.C. The entity submitting the expression of interest must submit the following information:
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General Details |
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Name of the Entity |
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Type of firm - Public Limited Company/ Private LimitedCompany/Partnership firm/ Proprietorship firm/ Others (pleasespecify)
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Date of incorporation and date of commencement of business |
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Address of the Registered office |
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Name, addresses, telephone numbers, e-mails of alldirectors/partners/proprietor.
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| 2 |
Primary/Technical Data. |
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Point of origin and the end point of the proposed petroleumand petroleum products pipeline,
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Indicative route of the proposed, petroleum and petroleumproducts pipeline indicating the likely petroleum productsinjection points and likely delivery points depicted on physicalmap
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Petroleum products availability position |
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Potential demand of petroleum products enroute the petroleumand petroleum product pipeline
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Assessment of total volume for, transportation in theproposed petroleum and petroleum products pipeline
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Any other issue considered as relevant by the entity. |
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Application fee of Rs. ------ paid vide demand draft/pay ordernumber <_> and dated <_> drawn on name of bank andbranch>
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Date:Place:Name and signature of entity or authorized SignatoryOfficial Seal
B
[see regulation 5 (7)]Application-cum-bid for grant of authorization for petroleum and petroleum products pipeline.ToThe Secretary,Petroleum and Natural Gas Regulatory Board,1st. Floor, World Trade Centre, Babar Road,
New Delhi - 110 001Sub: Application-cum-bid for grant of authorization for laying, building, operating or expanding petroleum and petroleum products pipeline name indicating the proposed route from the starting point till the end-point under the Petroleum and Natural gas Regulatory Board (Authorizing Entities to Lay, Build, Operate or Expand Petroleum and Petroleum Products Pipelines) Regulations, 2010.(Attach separate sheets for providing information wherever necessary)
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Part-I - General details of the entity andtechnical details of the project (to be submitted in a properlyearmarked, sealed and separate envelope)
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Details of the entity |
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Name of the entity |
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Type of firm - Public Limited Company/PrivateLimited Company/Partnership firm/Proprietorship firm / others.
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Date of incorporation and date of commencement ofbusiness.
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Address of registered office. |
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Name, addresses, telephone numbers, e-mails ofall directors / partners / proprietor.
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| 2 |
Financial details |
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Share capital or proprietor's own funds asapplicable.
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Loans - amount, tenure, moratorium period, rateof interest, taken from and asset mortgaged or hypothecated forsecuring the same, if any.
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Reserves, if any |
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Fixed Assets |
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Current Assets |
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Current Liabilities |
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Sales Turnover |
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Profit After Tax |
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(Attach copies of audited Profit and Loss Accountand Balance Sheet for last three financial years).
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Business activities of theentity
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| A |
Details of all existing petroleum and petroleumproducts pipelines, if any, and including design specifications,installed capacity, capital cost, year-wise details of operatingcost, date of commissioning, volumes transported along withdetails of customer profile, map and drawings showing details ofexisting facilities and future plan, petroleum products sources,unit tariff being charged, etc.
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| B |
Details of existing tie-up or collaboration withany entity for transport of petroleum products for existingpetroleum and petroleum products pipelines.
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Details of other business, if any, being carriedout by the promoters for the last five years.
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| 4 |
Ownership and affiliate details |
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Details of promoters |
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Details of all affiliates of the entitymentioning their business relationship.
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The entity undertakes to produce all relevantrecords or documents of itself and its related entities.
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Yes / No |
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Is the entity a company registered under theCompanies Act, 1956?
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Yes / No |
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The entity undertakes to become a company, incase it is not a company at the time of submission of thisapplication-cum-bid, under the Companies Act, 1956 on selectionfor grant of authorization.
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Yes / No |
| F |
Promoters undertaking in the form of letter ofcomfort stating that their financial contribution in the projectshall be infused if required within three months of the date ofgrant of authorization. Enclose the letter of comfort from thepromoters.
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Yes / No |
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| 5 |
Technical details of theproposed petroleum and petroleum products pipeline
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| A |
Name of the proposed petroleum and petroleumproducts pipeline project.
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| B |
Detailed map indicating the route, section-wiselength of the proposed petroleum and petroleum products pipelinewith following details:(a) branch line(b) inter-connection points,if any(c) depiction of the proposed major facilities, such aspump stations, receiving terminal, delivery terminal, tap-offpoints, etc.
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| C |
Technical specifications of the project attachingthe copy of the DFR etc.
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Development plan envisaged for the proposedpetroleum, petroleum products pipeline project - design andinstalled capacity along with details of phased-out capitalexpenditure plans including the dates of commencement ofoperations phase-wise.
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Proposed plan for:(i) sourcing ofpetroleum products for injection in the petroleum and petroleumproducts pipeline;(ii) phase-wise capacity tie-up in theproposed petroleum and petroleum products pipeline.
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Are all applicable technical standards,specifications including safety standards (T4S), as specifiedunder the relevant regulations for T4S have been complied with indesigning the proposed petroleum and petroleum products pipeline?Provide full details.
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Yes / No |
| G |
Undertaking to develop Emergency response andDisaster Management Plan before commissioning of the pipeline.
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Yes / No |
| H |
Is the project entitled to any subsidy,exemption, deferment or waiver of any statutory levy (includingincome tax) from the Central or the State Governments? If yes,give complete details indicating the year-wise utilization planof the entity.
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Yes / No |
| I |
Non-refundable Application fee under theregulation 5(6).
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Rs. <____> |
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Demand draft or pay order number and date |
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Name of issuing bank and branch |
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| J |
Bid bond |
Rs. <_____> |
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Demand draft or pay order or Bank Guaranteenumber and date
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Name of issuing bank and branch |
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Part-II: Financial bid (to be submitted in aseparate earmarked sealed envelope) to be opened for thoseentities qualifying the minimum eligibility criteria underregulation 5 (6)
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| A |
Present value (PV) of the fixed unit petroleum,petroleum products pipeline tariff bid for the petroleum andpetroleum products pipeline [petroleum and petroleum productspipeline tariff (Rs/MT) for the purpose of bidding for a periodof ten years. The Board shall review the tariff after ten yearsand fix for a block of five years thereafter on prospectivebasis.
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using the discount rate of 12% is Rs.<_____>per MTYear-wise unit petroleum and petroleum productspipeline tariff-Year 1: Rs.<___> per MTYear 2: Rs.<___> per MT ::Year 10: Rs.<___> per MT
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| B |
Present value (PV) of the variable unit petroleumand petroleum products pipeline tariff bid for the petroleum andpetroleum products pipeline [petroleum and petroleum productspipeline tariff (Rs/MT/KM) for a period of ten years. The Boardshall review the tariff after ten years and fix for a block offive years thereafter on prospective basis.
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using the discount rate of 12% is Rs.<_____>per MT per KMYear-wise unit petroleum and petroleum productspipeline tariff-Year 1: Rs.<___> per MT per KMYear 2: Rs.<___> per MT per KM::Year 10: Rs.<___> per MT per KM
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| C |
Present value (PV) of the petroleum productspipeline capacity (in million tons per annum) proposed to becreated for transported in the petroleum and petroleum productspipeline over the economic life of the project. [petroleumproducts pipeline capacity created for transporting in thepetroleum and petroleum products pipeline shall be for each yearof the economic life of the project].
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using discount rate of twelve percent is <___>million tons per annum (MMTPA).Year-wise petroleum and petroleum productscapacity bid -Year 1: <___> MMTPAYear 2: <___> MMTPA::Year 25: <___> MMTPA
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Note :Please enclose a copy of theapproved DFR of the proposed petroleum and petroleum productspipeline project for the purpose of sub-regulation (3) ofregulation 7.
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Declaration1. Certified that the above information is true to the best of my/our knowledge and belief and the information and data given in the annexure, attachments, enclosures and calculation sheets accompanying this application-cum-bid are correct, complete and truly stated, and if any statement made herein is found to be incorrect, the application-cum-bid shall be rejected, the application fee and the Bid Bond shall be forfeited and I/We shall liable to be proceeded against and for punishment under the provisions of the Act.
2. I/We certify that the above application-cum-bid is the only application-cum-bid submitted and no other application-cum-bid has been or is being submitted separately for this petroleum, petroleum products pipeline by me/us.
Date:Place:Name and Signature of Entity/Authorized SignatoryOfficial Seal
C
[see regulation 7 (4) and the provisions under clause (a) to (c) of sub-regulation (1) of regulation 7]Illustration for determining the highest composite score for ascertaining the successful bid for grant of authorization for petroleum and petroleum products pipeline.Let there be three entities whose bids need to be compared for determining the successful bid over the bidding criteria stated under clauses (a) to (c) of sub-regulation (1) of regulation 7.(A)Lowness of the present value of the fixed unit petroleum and petroleum products pipeline tariff bid for the petroleum and petroleum products pipeline [petroleum and petroleum products pipeline tariff (Rs/MT) for the purpose of bidding for a period of ten years].Let,FT1 = Present value of the fixed unit petroleum and petroleum products pipeline tariff bid (Rs/MT) for ten years by the 1st entity.FT2 = Present value of the fixed unit petroleum and petroleum products pipeline tariff bid (Rs/MT) for ten years by the 2nd entity.FT3 = Present value of the fixed unit petroleum and petroleum products pipeline tariff bid (Rs/MT) for ten years by the 3rd entity.Assume that FT1 is lower than FT2 and FT2 is lower than FT3.The lowest fixed unit petroleum and petroleum products pipeline tariff bid (LFT1) shall be given a score of 100% and the other fixed unit petroleum and petroleum products pipeline tariff bids shall be given a score in relation to LFT1 on a pro-rata basis as under-
| LFT1 |
= |
100 % |
| LFT2 |
= |
100% x (FT1 + FT2) |
| LFT3 |
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100% x (FT1 + FT3) |
(B)Lowness of the present value of the variable unit petroleum and petroleum products pipeline tariff bid for the petroleum and petroleum products pipeline [petroleum and petroleum products pipeline tariff (Rs/MT/KM) for a period of ten years].Let,VT1 = Present value of the variable unit petroleum and petroleum products pipeline tariff bid (Rs/MT/KM) for ten years by the 1st entity.VT2 = Present value of the variable unit petroleum and petroleum products pipeline tariff bid (Rs/MT/KM) for ten years by the 2nd entity.VT3 = Present value of the variable unit petroleum and petroleum products pipeline tariff bid (Rs/MT/KM) for ten years by the 3rd entity.Assume that VT1 is more than VT2 and VT2 is more than VT3.The lowest variable unit petroleum and petroleum products pipeline tariff bid (LVT3)shall be given a score of 100% and the other variable unit petroleum and petroleum products pipeline tariff bids shall be given a score in relation to LVT3 on a pro-rata basis as under-
| LVT1 |
= |
100% x (VT3 + VT1) |
| LVT2 |
= |
100% x (VT3 + VT2) |
| LVT3 |
= |
100% |
(C)Highness of the present value of the petroleum products pipeline capacity (in million tons per annum) proposed to be created for transported in the petroleum and petroleum products pipeline over the economic life of the project [petroleum products pipeline capacity created for transporting in the petroleum and petroleum products pipeline shall be for each year of the economic life of the project).Let,C1 = Present value of the petroleum products pipeline capacity bid (MMTPA) for twenty five years by the 1st entity.C2 = Present value of the petroleum products pipeline capacity bid (MMTPA) for twenty five years by the 2nd entity.C3 = Present value of the petroleum products pipeline, capacity bid(MMTPA) for twenty five years by the 3rd entity.Assume that C1 is lower than C2 and C2 is lower than C3.The highest present value of the petroleum products pipeline capacity bid proposed to be created (HC3) shall be given a score of 100% and the present value of the other petroleum products pipeline capacity bids shall be given a score in relation to H3 on a pro-rata basis as under -
| HC1 |
= |
100% x (HC1 +HC3) |
| HC2 |
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100 % x (HC2 + HC3) |
| HC3 |
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100 % |
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Now, the composite score of three entities shall be computed by assigning the respective weights assigned to each of the bidding criterion as indicated below-
| Entity 1 |
= |
0.50 x LFT1 + 0.20 x LVT1 + 0.30 x HC1 |
| Entity 2 |
= |
0.50 x LFT2 + 0.20 x LVT2 + 0.30 x HC2 |
| Entity 3 |
= |
0.50 x LFT3 + 0.20 x L VT3 + 0.30 X HC3 |
The entity with the highest composite score shall be declared as successful in the bid
D
[see regulations 9 (2) and 18 (7)]Grant of authorization for laying, building, operating or expanding petroleum and petroleum products pipeline.To<Name of the successful entity><address>Subject: Grant of authorization for laying, building, operating or expanding petroleum and petroleum products pipeline along the route of <name of starting point, name of states or union territories passing through and the name of the end point> under the Petroleum and Natural Gas Regulatory Board (Authorizing Entities to Lay, Build, Operate or Expand Petroleum and Petroleum Products Pipelines) Regulations, 2010.Sir/Madam,With reference to your application for grant of authorization for laying, building, operating or expansion of petroleum and petroleum products pipeline along the route of <name of starting point, name of states or union territories passing through and the name of the end point>, it has been decided to grant authorization to you, subject to the provisions under the Petroleum and Natural Gas Regulatory Board (Authorizing Entities to Lay, Build, Operate or Expand Petroleum and Petroleum Products Pipelines)Regulations, 2010 on the following terms and conditions, namely:-1. The route for laying, building, operating or expanding the petroleum and petroleum products pipeline shall be as depicted in the enclosed drawing [< name of the originating point>, <intermediate tap-off and interconnection points>, <name of branch line> and <name of the last delivery point> of the petroleum and petroleum products pipeline to be depicted ).
2. The entity shall complete the activities of laying, building or expanding activities of petroleum and petroleum products pipeline and commission the petroleum and petroleum products pipeline project as per the enclosed time schedule and targets.
The entity is allowed a maximum period of thirty six months from the date of issue of the authorization letter for commissioning of the petroleum and petroleum products pipeline project. Any failure on the part of the entity in complying with the targets prescribed in the time schedule shall lead to consequences as specified under regulation 16 of the Petroleum and Natural Gas Regulatory Board (Authorizing Entities to Lay, Build, Operate or Expand Petroleum and Petroleum Products Pipelines) Regulations, 2010.3. The capacity in the petroleum and petroleum products pipeline shall be equal to <_> Million tons per annum (MMTPA).
4. The extra capacity in the petroleum and petroleum products pipeline shall be equal to <_> MTPA as per the provisions specified in clause(j) of sub-regulation (6) of regulation 5 and shall be available for use on common carrier basis by any third party on open access and non-discriminatory basis.
5. The authorized entity shall be required to take prior approval from the Board for creation of any lien or charge or hypothecation on the assets of the petroleum and petroleum products pipeline to secure finances for the project and furnish details of utilization of funds. However, in case of raising funds from any financial institution or bank, the entity will be required to only inform the Board of the sanction of the funds, within a period of seven days.
6. The entity shall publish on its website the approved tariffs for each of the tariff zone of the petroleum and petroleum products pipeline.
7. The entity shall submit a detailed and Clear financial closure report to the Board within a period of one hundred and twenty days from the date of authorization issued by the Board under regulation 9 of the Petroleum and' Natural gas Regulatory Board (Authorizing Entities to Lay, Build, Operate or Expand Petroleum and Petroleum Products Pipelines) Regulations, 2010.
8. The furnishing of performance bond of Rs.<_> million is a guarantee for timely commissioning of the project as per the prescribed targets submitted in the bid and for meeting the performance undertakings during operating phase of the project.
9. The entity shall abide by the service obligations specified under regulation 14 and quality of service standards under regulation 15 of the Petroleum and Natural gas Regulatory Board (Authorizing Entities to Lay, Build, Operate or Expand Petroleum and Petroleum Products Pipelines) Regulations, 2010.
10. In case the authorization of the entity is terminated, the Board may assign the rights and obligations to any agency or another entity on such terms and conditions, as it may deem fit. Further, the entity may be required, as per the directions of the Board, to continue the operations of the petroleum and petroleum products pipeline at the same level till another agency or entity appointed by the Board takes over the full control of the petroleum and petroleum products pipeline.
11. The entity shall comply with the provisions under-
(a)the Petroleum and Natural Gas Regulatory Board (Authorizing Entities to Lay, Build, Operate or Expand Petroleum and Petroleum Products Pipelines) Regulations,2010;(b)the Petroleum and Natural Gas Regulatory Board (Determination of Petroleum and Petroleum Products Pipeline Tariff) Regulations, whenever notified;(c)the service obligations specified in Schedule J to the Petroleum and Natural Gas Regulatory Board (Authorizing Entities to Lay, Build, Operate or Expand Petroleum and Petroleum Products Pipelines) Regulations, 2010;(d)the relevant regulations for-(i)the technical standards and specifications, including safety standards;(iii)determination of capacity for petroleum and petroleum products pipeline;(iv)affiliate code of conduct;(v)declaring petroleum and petroleum products pipelines as common carrier or contract carrier;(e)any other regulations as may be applicable and the provisions of the PNGRB Act, 2006.12. The entity shall comply with any other term or condition which may be notified by the Board in public interest, from time to, time.
You are requested to confirm your acceptance in the space provided below and return the same in original.Yours Faithfully,Sd/-Dated:Name & Designation of OfficerOn behalf of the PNGRBOfficial SealAcceptance of Grant of AuthorizationI/We hereby agree to the grant of authorization issued by the Board vide letter ref. <_> dated <_> and agree to comply with all the terms and conditions subject to which I/We have been granted authorization for laying, building, operating or expanding petroleum and petroleum products pipeline along the route from the originating station <_> in the State or the Union Territory of <_> to the terminating station <_> in the State or the Union Territory of <_>.Date:Place:Signature of the Entity or Authorized SignatoryName and Official Seal
E
[see regulation 13 (1)]Quarterly submission of data by authorized entity.A. The data and information required to be submitted by the entity in the following form shall be analyzed by the Board by comparing the -(1)actual progress made, by the entity including commissioning of the project versus the physical and financial targets, identified in its DFR; and(2)actual volume of petroleum products transported in the petroleum and petroleum products pipeline versus the volume committed in the bid.B. Monitoring of the progress shall be taken up by the Board on a quarterly basis and the notice of deviations and shortfalls, if any, shall be sent to the entity for a prompt resolution. In case of any delay in meeting the yearly, commitments within the notice period or in case of repeated violations, the entity may face the, consequences specified under regulation 16 of the Petroleum and Natural gas Regulatory Board (Authorizing Entities to lay, Build, Operate or Expand City or Local Petroleum and Petroleum Products Pipelines) Regulations, 2010.
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Name of Authorized Entity |
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Project Name |
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Date of grant of authorization |
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Date of commencement of operations |
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Details of composition of the ownership of theentity (give details of variations, if any, since the date ofauthorization)
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Information and data |
For the Quarter |
Cumulative for the year |
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Financial Details (in Rs. Million) |
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Capital Investment |
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(a)Fixed Assets |
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Opening balance |
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Direct additions |
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Transfer from CapitalWork-in-progress (CWIP)
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Deletions, if any |
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Closing balance |
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(b)CWIP |
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Opening balance |
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Additions |
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Transfer to fixedassets
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Deletions, if any |
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Closing balance |
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Operating expenses(after commissioning ofpipeline)(a) Consumables and chemicals(b) Utilities -Power and Fuel(c) Salaries(d) Repair and maintenance(e)General administrative expenses(f) Insurance(g) Anyother expenses (to be detailed)
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Financial Expenses(a) Interest on Working capital borrowings (WCB)(b) Interest on term loans
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Depreciation |
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Revenue Earned(after commissioning of pipeline)(a) Petroleum products transportation(b) Marketing of petroleum products(c) Other income - Interest, etc
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Loans Status |
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(a) Term Loans and Working capital loans |
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Opening |
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Added |
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Repaid |
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Closing |
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(Provide details of each loan - interest rate,moratorium period, term of the loan, terms and conditions, etc.)
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Physical Details |
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(a) Volume transported in thepetroleum and petroleum products pipeline(b) Volume committedin the bid and stated in the DFR(c) Variation in (a) versus(b) along with reasons(d) Volume delivered customer-wise ateach of the delivery points.
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Petroleum and petroleum products pipeline length(in kilometers):(a) till last quarter(b) laid and built in the current quarter(c) length as at the end of the quarter(details to be provided outer diameter andpressure rating-wise)
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Number of pumping stations, intermediate deliverystations, TOPs etc(a) Till last quarter(b) Added now(c) Total as on date
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Project completion status - actual achievementsversus that as per the approved schedule (in % terms)
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(Provide details for each of the target as perthe approved time schedule to the grant of authorization andreasons for deviation from the same, if any)
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Any other information / data as may be prescribedby the Board or may be considered relevant by the entity.
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Date:Place:Signature of the entity or authorized signatoryName and SealNote: The Information and data in the above format should be certified by a Chartered Accountant.
F
see regulation 15 (1)]Quality of Service StandardsGeneral.The purpose of specifying the quality of service standards is to specify the minimum.level of performance expected of the entity in laying, building, operating or expanding the petroleum and petroleum products pipeline in terms of service to be provided to the customers and other entities. In order to enable the entity to satisfactorily comply with the quality of service standards, other stakeholders, like, customers and other entities are also expected to diligently fulfill certain minimum responsibilities. While the authorized entity shall have to mandatorily comply with the quality of service standards, it may widely advertise the minimum responsibilities expected of the customers and other entities and also incorporate the same suitably in the contracts. The quality of service standards are indicated below:-1. System upkeep and customer classification.
(1)Entity's responsibility:(a)after obtaining the authorization, entity shall publish in newspaper and its official website its plan to lay, build, operate or expand petroleum and petroleum products pipeline as per the authorized route for the information of the general public;(b)to ensure upkeep of the system as per the technical standards, specifications including safety standards specified under the relevant regulations;(c)to ensure that the in case of disruption of supplies, the petroleum and petroleum products pipeline shall be accorded the first priority for use of the line pack volumes in the petroleum and petroleum products pipeline.The contracts with the customers should accordingly contain a specific clause on dealing with Interruptibility in petroleum products supplies;(d)to maintain the quality of petroleum products in the petroleum and petroleum products pipeline as per the technical standards, specifications and safety standards in the relevant regulations for technical standards and specifications, including safety standards.(2)Customer's responsibility:(a)to ensure safety of equipment and facilities, if any provided by the entity within the premises;2. Metering and billing.
Entity's responsibility:(a)responsible for ensuring delivery of petroleum products;(b)to ensure correct billing for transport of petroleum products as per the terms and conditions of the contract, indicating the applicable petroleum and petroleum products pipeline tariff. The bill should also contain customer name and address, serial number, volume, taxes/levies, if any, amount, due date, etc;3. Interruptions in petroleum and petroleum products pipeline.
Entity's responsibility:(a)give due notice to customers for planned maintenance;(b)ensure the earliest possible resumption of supplies after interruption; and(c)ensure prompt recovery from unplanned interruptions;4. Emergency response handling.
(1)Entity's responsibility:(a)to ensure in-position of the emergency response plan to -(i)handle emergencies in co-ordination with the police, fire department, local administration and hospitals;(ii)ensure 24X7 manning of emergency cell for handling emergencies;(iii)put in place a clear responsibility chart depicting roles for individuals in the times of emergency.(b)ensure availability of disaster management plan, a copy of which should be made available to the Board as well as the local administration and State Governments of the area through which the petroleum and petroleum products pipeline is passing.(2)Customer's responsibility:(a)inform the entity of any potentially hazardous situation at the earliest;(b)help the entity's personnel to contain the emergency situation, if required.5. Maintain database.
Entity's responsibility:to maintain a credible database management system to handle the data requirements of the Board and also the record of customer complaints received and action taken on the same.
G
[see regulation 16 (1) (d))Procedure for the termination of grant of authorization of petroleum and petroleum products pipeline.The, procedure for implementing the termination of the authorization of the entity to lay, build, operate or expand petroleum and petroleum products pipeline following default by the entity as per the provisions of regulation 16 of the Petroleum and Natural Gas Regulatory Board (Authorizing Entities to Lay, Build, Operate or Expand Petroleum and Petroleum Products Pipelines) Regulations, 2010 shall be as under:1. On approval of termination of the authorization by the Board, the entity shall be required to submit a detailed statement of the ongoing activities in the petroleum and petroleum products pipeline, investments, liabilities and such other information as may be directed by the 'Board within a period of thirty days from the date of receipt of notice of termination by the entity.
2. The authorized entity shall be required to continue the, operations of the petroleum and petroleum products pipeline at the same level till such time another agency or entity, as per the decision of the Board, takes over the full control of the petroleum and petroleum products pipeline. The Board reserves the right to appoint any other entity or agency to manage and operate the petroleum and petroleum products pipeline till such Period of time and on such terms and conditions as it may deem fit.
3. The Board may, in any manner as it deems fit including through an issue,of an advertisement, invite expression of interest or bids from entities interested in taking over the management and operation of the petroleum 'and petroleum products pipeline.
4. On receipt of expression of interest or bias, as the case may be, the Board may take an appropriate view on the. procedure for evaluation and subsequent grant of authorization and an entity shall be selected to take over the operations of the petroleum and petroleum products pipeline from the defaulting entity.
5. The defaulting entity shall have to provide an undertaking to indemnify the newly authorized entity for any liability which may arise later as a result of its past actions.
H
[see regulation 17(1)]Information to be provided for petroleum and petroleum products pipeline authorized by Central Government before the appointed day.ToSecretary,Petroleum and Natural Gas Regulatory Board,1st. Floor, World Trade Centre
Babar Road,New Delhi-110 001.Sub: Information in respect of petroleum and petroleum products pipeline < Name>from <originating point> to<last delivery point>(Attach separate sheets for providing information wherever necessary)
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Part-I - General, technical and financialdetails of the entity and the petroleum and petroleum productspipeline project
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| 1 |
Details of the entity |
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Name of the entity |
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Type of firm - Public limitedcompany / Private limited company / Partnership firm /Proprietorship firm / Others (please specify) (attach copy ofarticles of association / partnership deed, etc.)
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Date of incorporation and date ofcommencement of business
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Address of registered office |
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Name, addresses, telephone numbers,e-mails of all directors / partners / proprietor (please providefull details with STD code and pin code)
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Particulars of the authorizationgranted by the Central Government for laying, building, operatingor expanding the petroleum and petroleum products pipeline beforethe appointed day. Details of NOCs', clearances, etc. consideredrelevant by the entity to be provided. (Copies of theauthorization and other documents to be enclosed).
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| 2 |
Financial details |
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Share capital or proprietor's ownFunds
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| B |
Loans - amount, tenure, moratoriumperiod, rate of interest, taken from and asset mortgaged /hypothecated for securing the same (if any)
|
|
| C |
Reserves (if any) |
|
| D |
Fixed Assets |
|
| E |
Current Assets |
|
| F |
Current Liabilities |
|
| G |
Sales Turnover |
|
| H |
Profit After Tax |
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| |
(Attach copies of audited Profitand Loss Account and Balance Sheet for the last financial year) -In case the entity is a subsidiary company, copies of the auditedProfit & Loss Account and Balance Sheet for the last threefinancial years of the parent company to be attached.
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|
| |
| 3 |
BusinessActivities of the entity
|
|
| A |
Original cost and WDV of assetsalong with year of commissioning, detailed break-up of theoperating costs, petroleum and petroleum products pipeline tariffduring the last three years, etc.
|
|
| B |
Details of technical or operationaltie-up or collaboration with any other entity for laying,building, operating or expanding the petroleum and petroleumproducts pipeline
|
|
| C |
Details of other business, if any,being carried out by the promoters for the last three years
|
|
| |
| 4 |
Ownership andaffiliate details
|
|
| A |
Details of promoters |
|
| B |
Details of affiliates of the entitymentioning the business relationship
|
|
| C |
The entity undertakes to produceall relevant records and documents of itself and its relatedentities on demand by the Board.
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Yes / No |
| D |
The entity undertakes to abide bythe relevant regulations for affiliate code of conduct.
|
Yes / No |
| E |
Is the entity a body corporateregistered under the Companies Act, 1956?
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Yes / No |
| F |
Is the entity promoted by companyregistered under the Companies Act, 1956?
|
Yes / No |
| G |
The entity undertakes to becomes abody corporate (in case it is not a body corporate at the time ofproviding the information herein) registered under the CompaniesAct, 1956 on the grant of authorization.
|
Yes / No |
| |
| 5 |
Technical detailsof the petroleum and petroleum products pipeline
|
|
| A |
Name of the petroleum and petroleumproducts pipeline
|
|
| B |
Physical map indicating the route,section-wise length of the petroleum and petroleum productspipeline including all branch-lines, entry and exit points forpetroleum products and the details of the existing and proposedpoints of inter-connection in the petroleum and petroleumproducts pipeline.
|
|
| C |
Technical specifications of theinfrastructure in the petroleum and petroleum products pipeline.Note:(a) Attach copy of the DFR alongwith the management approval of the investments and(b) Provide full details of thepetroleum and petroleum products pipeline capacity, design,pressure rating, diameter, thickness, class, etc., routedetails, pipeline corrosion protection arrangements, main blockvalves, isolation valves, emergency shutdown valves, meteringarrangements, MLPU, intermediate and delivery stations,technical standards and specifications including safetystandards being complied with, etc.
|
|
| D |
Development plan envisaged for thepetroleum and petroleum products pipeline project - design andinstalled capacity of the petroleum and petroleum productspipeline along with the details of phased-out plans foraugmentation of the capacity and capital expenditure to beprovided.
|
|
| E |
Has the entity obtained theRight-of-Way required for laying, building, operating orexpanding the petroleum and petroleum products pipeline as on theappointed day?Note:(a) In case the answer is no,please give specific reasons.(b) If yes, documentary proof tobe provided.
|
Yes/ No |
| F |
Year-wise progress actuallyachieved by the entity in:(i) creation of the physicalinfrastructure in the petroleum and petroleum products pipelineis to be provided;(ii) the value of the fixed assetscreated head-wise and the capital work-in-progress correspondingto the physical infrastructure created till the appointed day isto be provided; and(iii) comparison of sub-clause (i)and (ii) with the levels as specified in the targets specifiedin the DFR of the project and the terms and conditions ofauthorization. The purpose being to avoid any time over-run orcost over-run, which may adversely affect the petroleum andpetroleum products pipeline tariff.Note:(a)Documentary proof that thehead-wise assets created and reflected as fixed assets in thebooks of accounts are ready for use is to be enclosed.(b) The stage of completion inrespect of the capital work-in-progress is to be indicated andcompared with that indicated in the DFR.(c) Details of the financialcommitments actually made by the entity till the appointed dayto be separately indicated and documentary proofs to besubmitted.(d) Please state the specificreasons for shortfalls, if any, in meeting the time schedule andspecific targets for completion of the activities of laying,building, operating or expanding petroleum and petroleumproducts pipeline as specified in the DFR.
|
Percentage completion to be indicatedactivity-wise with reference to the time schedule and the targetsspecified in the DFR.
|
| G |
Complete details of thearrangements made by the entity for sourcing of petroleumproducts for the petroleum and petroleum products pipeline to beprovided. In case the entity has secured any firm capacitytie-ups, copies of the agreements to be enclosed.
|
|
| H |
(i) Volume of petroleum productsactually transported in the petroleum and petroleum productspipeline during the last three years till the appointed day withcapacity utilization;(ii) Reasons for variations in theactual volumes transported versus the projections in the DFR;(iii) Volume of petroleum productsproposed to be transported and sold on an annual basis during therest of the economic life of the project.Note:(a) Volumes to be indicated inMMTPA or TMT.(b) Volume actually transported tobe provided TOP wise, customer-wise for each of the tariff zone.(c) Details of arrangements to bemade by the entity for securing capacity tie-ups for thepetroleum and petroleum products pipeline to be clearlyspecified.(d) In case of the achievement offirm capacity tie-ups, copies of the agreements to be enclosed.
|
|
| I |
Have all applicable technicalstandards, specifications including safety standards, as notifiedby the Board been considered and complied with while designing,laying, building, expanding or operating the petroleum andpetroleum pipeline? Provide details.
|
Yes/ No |
| J |
Copies of all the necessarystatutory clearances, permissions and no objection certificatesobtained by the entity from the Central and State Governments andother statutory authorities as applicable to the petroleum andpetroleum products pipeline project to be attached.
|
|
| K |
Attach copy of the EmergencyResponse and Disaster Management Plan in place.
|
|
| L |
Is the project entitled to anysubsidy or entitled for any exemption or deferment or waiver ofany statutory levy including income tax from the State / CentralGovernment? If yes, give complete details indicating theyear-wise utilization plan of the entity.
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Yes / No |
|
Part-II:Any other submission consideredas relevant by the entity
|
|
Note:The Board shall monitor theactual progress made by entity against the targets fixed for theentity on a quarterly basis and take further action in case ofany deviation or shortfall, which is to be determined on anannual basis in the manner as indicated in Schedule D.
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Declaration1. Certified that the above information is true to the best of my lour knowledge and belief and the information and data given in the Annexure and statements are correct, complete and truly stated, and if any statement made herein is found to be incorrect, I/We shall be liable for proceeding and for punishment under the provisions of the Act.
2. I/we also undertake to provide any further information or data as may be required by the Board within the stipulated time.
Date:Place:Name and Signature of Authorized SignatoryOfficial Seal
I
[see regulation 18(1)]Application for grant of authorization for petroleum and petroleum products pipeline to the entities not authorized by Central GovernmentToThe Secretary,Petroleum & Natural Gas Regulatory Board,1st. Floor World Trade Centre
Babar RoadNew Delhi 110 001Sub: Application for grant of authorization for petroleum and petroleum products pipeline < Name > from < originating point > to < last off -take/delivery point >(Attach separate sheets for providing information wherever necessary)
|
Part I - General, technical and financialdetails of the entity and the petroleum and petroleum productspipeline project
|
| 1 |
Details of the entity |
|
| A |
Name of the entity |
|
| B |
Type of firm - Public limited company / Privatelimited company / Partnership firm / Proprietorship firm / Others(please specify) (Attach copy of articles of association /Partnership deed, etc.)
|
|
| C |
Date of incorporation and date of commencement ofbusiness
|
|
| D |
Address of registered office |
|
| E |
Name, addresses, telephone numbers, e-mails ofall directors / partners / proprietor (please provide fulldetails with STD Code and pin code)
|
|
| |
| 2 |
Information and data to beprovided by the entity in support of the eligibility criteria asspecified under sub-regulation(2)of regulation 18.
|
|
| A |
Non-refundable application fee under regulation5(6) (a)
|
Rs. <____> |
| |
Demand draft or pay order |
|
| |
Demand draft or pay order no. and date |
|
| |
Name of issuing bank and branch |
|
| B |
Entity is technically capable of laying andbuilding petroleum and petroleum products pipeline
|
|
| |
Documentary evidence in support of the technicalcapability of the entity in terms of the qualifying criteriaunder regulation 5(6)(b), (i) to (iv) to be attached.
|
|
| C |
Entity is technically capable of operating andmaintaining a petroleum and petroleum products pipeline.
|
|
| |
Documentary evidence in support of the technicalcapability of the entity in terms of the qualifying criteriaunder regulation 5(6) (c), (i)to(iv)to be attached.
|
|
| D |
Entity agrees to abide by the relevantregulations for technical standards and specifications, includingsafety standards.
|
Yes/ No |
| E |
Entity has adequate financial strength to executethe proposed petroleum and petroleum products pipeline, operateand maintain the same and meets the financial criterion in termsof having a minimum combined net worth as specified underregulation 5(6) (e).Note:All documents in support of the calculations ofthe minimum combined net worth duly certified by a CharteredAccountant to be attached.
|
|
| F |
Has any penalty been imposed on the entity undersection 28 or punished under Chapter IX of the Act? In case theanswer is yes, please submit full details.
|
Yes/ No |
| G |
Copies of all the necessary statutory clearances,permissions and no objection certificates obtained by the entityfrom the Central and State Governments and other statutoryauthorities as applicable for the proposed petroleum andpetroleum products pipeline project to be attached.
|
|
| H |
In case entity is not registered as a companyunder the Companies Act, 1956, the entity undertakes to become acompany registered under the Companies Act, 1956 on grant ofauthorization. Full details of the promoters of the entity to beprovided.Note:In case the entity seeks an exemption fromregistering under the Companies Act, 1956, detailedjustifications shall be submitted to the Board.
|
Yes/ No |
| I |
Technical specifications of the petroleum andpetroleum products pipeline
|
|
| |
Details of route, section-wise length of thepetroleum and petroleum products pipeline depicting the followingin a physical map to be provided:(i) the entry and exit points for petroleumproducts;(ii) intermediate tap-off points;(iii) branch lines;(iv) pumping stations;(v) points of inter-connection with otherpetroleum and petroleum products pipelines.Note:(a) Full technical details regarding thepetroleum and petroleum products pipeline capacity, design,pressure rating, diameter, thickness, class, etc., routedetails, pipeline corrosion protection arrangements, main blockvalves, isolation valves, emergency shutdown valves, meteringarrangements, intermediate and delivery stations, technicalstandards and specifications including safety standards beingcomplied with, etc. to be provided separately.
|
|
| J |
Details of the physical and financial progress inlaying, building, operating or expanding of petroleum andpetroleum products pipeline as on the appointed day:
|
|
| |
(i) Copy of the DFR of the project to beattached.Note:The entity shall also enclose the documentaryproof of the formal approval of the investments as per the DFRof the project by its management.
|
|
| |
(ii) Has the DFR of the proposed petroleum,petroleum products pipeline project for which authorization isbeing sought been appraised by any financial institution?
|
Yes/ No |
| |
(iii) Details of the development plan envisagedfor the project to be provided with respect to the design andinstalled capacity of the petroleum and petroleum productspipeline along with details of phased-out plans for capitalexpenditure on augmentation of the installed capacity, if any.
|
|
| |
(iv) Has the entity secured the right of way forlaying, building, operating or expanding the proposed petroleumand petroleum products pipeline?Note:(a) If the answer is no, please state reasons.(b) If yes, documentary proof to be submitted.
|
Yes/ No |
| |
(v) Complete details of the arrangements made bythe entity for sourcing of petroleum products for petroleum andpetroleum products pipeline to be provided. In case any firmtie-up has been achieved, copy of the agreement to be enclosed.
|
|
| |
(vi) Extent of physical progress in laying,building, operating or expanding of the petroleum and petroleumproducts pipeline project achieved by the entity till the dayimmediately before the appointed day as against the timeschedules and targets specified in the DFR.Note:(a) The onus of proving the physical progressactually made by the entity lies with the entity and the entityshall submit all necessary documentary proofs in support.(b) The comparison of actual progress with thelevels as specified in the time schedules and targets in the DFRof the project is with the purpose to avoid any time over-run orcost over-run, which may adversely affect the petroleum andpetroleum products pipeline tariff.(c) Please provide specific reasons forshortfalls, if any.
|
<in percentage terms> |
| |
(vii) Extent of financial commitment actuallymade by the entity in the petroleum and petroleum productspipeline project till the day immediately before the appointedday as against the estimated capital expenditure identified inthe feasibility report.Note:(a) Year-wise gross and net blocks of thephysical infrastructure created to be separately providedasset-head wise.(b) Details of capital work-in-progress and thestage of completion to be indicated.(c) The onus of proving the financial commitment actuallymade by the entity lies with the entity and the entity shallsubmit all necessary documentary proofs in support.
|
<in percentage terms> |
| |
(viii) Volume of petroleum products transportedin the petroleum and petroleum products pipeline during the lastthree years till the appointed day and the reasons for variationsin actual volumes transported versus the projections made in thisregard in the DFR.Note:(a) Data on volume should be separately providedTOP wise, zone-wise and customer-wise.(b) Volume of petroleum products proposed to betransported and delivered zone-wise and customer-wise on anannual basis during the rest of the economic life of the projectto be separately indicated.(c) Entity to disclose the arrangements forsecuring capacity tie-ups and enclose the copy of the agreementfor firm capacity tie-up achieved, if any.(d) Volume to be indicated in MMTPA or TMT.
|
<in percentage terms> |
| |
(ix) Entity to enclose the copies of the internalprocedures and guidelines as approved by its managementprescribing the basis of compliance by the entity to anytechnical standards, specifications, including safety standardsand the quality of service to customers, if any.
|
|
| |
| 3 |
Financial details of the entity |
|
| A |
Share capital or proprietor's own funds |
|
| B |
Loans - amount, tenure, moratorium period, rateof interest, taken from and asset mortgaged or hypothecated forsecuring the same, if any.
|
|
| C |
Reserves, if any |
|
| D |
Fixed Assets (head-wise asset details) |
|
| E |
Current Assets |
|
| F |
Current Liabilities |
|
| G |
Sales Turnover |
|
| H |
Profit after Tax |
|
| |
(Attach copies of audited Profit and Loss Accountand Balance Sheet for last three financial years) - In caseapplicant is a subsidiary company, copies of audited Profit &Loss Account & Balance Sheet for last three financial yearsof the parent company to be attached.
|
|
| |
| 4 |
Business activities of theentity
|
|
| A |
Original cost and WDV of assets along with yearof commissioning, detailed break-up of the operating costs, unitpetroleum and petroleum products pipeline tariff charged duringthe last three years, etc.
|
|
| B |
Details of technical or operational tie-up orcollaboration with any other entity in respect of the petroleumand petroleum products pipeline project (enclose copies of suchagreements, MOU or HOA)
|
|
| C |
Details of other business, if any, being carriedout by the promoters for the last three years
|
|
| |
| 5 |
Ownership and affiliate details |
|
| A |
Details of promoters |
|
| B |
Details of all affiliates of the entitymentioning the business relationship between the entity and theaffiliates ("Affiliate" means as defined in therelevant regulations for affiliate code of conduct)
|
|
| C |
The applicant undertakes to produce all relevantrecords and documents of itself and its related entities to theBoard.
|
Yes / No |
| D |
The applicant undertakes to abide by the relevantregulations for affiliate code of conduct.
|
Yes / No |
| |
| 6 |
Other details |
|
| A |
Copy of Emergency Response and DisasterManagement Plan to be attached
|
|
| B |
Is the project entitled to any subsidy, taxwaiver or exemption or deferment of any levy including income taxfrom the State / Central Government? If yes, give details.
|
Yes / No |
|
Part-II: Any other submission consideredas relevant by the entity with regards to its application forgrant of authorization for petroleum, petroleum products pipelineby the Board.
|
Declaration1. Certified that the above information is true to the best of my lour knowledge and belief and the information and data given in the Annexure and statements are correct, complete and truly stated, and if any statement made herein is found to be incorrect; I/We shall be liable for proceeding and for punishment under the provisions of the Act
2. I/we also undertake to provide any further information or data as may be required by the Board within the stipulated time.-
Date:Place:Name and Signature of Authorized SignatoryOfficial Seal
J
[see clause 11 (c) of the form of grant of authorization in Schedule D]Service Obligations of entity1. General.
(a)The entity shall obtain all statutory permits, clearances and approvals from the concerned approving authorities and shall at all times ensure the validity of said permits, clearances and approvals.(b)During the continuance of the authorization, the entity shall transport petroleum products along the authorized pipeline route in accordance with the terms of this authorization, charge the approved petroleum and petroleum products pipeline tariff and abide by the extant rules and regulations, including such revisions as the case may be.(c)The entity shall provide extra capacity in the petroleum and petroleum products pipeline as specified under clause (j) of sub-regulation (5) of regulation 6, which shall be available. for use on common carrier basis by third party on open access and non-discriminatory basis.(d)The entity shall put in place an appropriate system and procedures for:(i)protection of its property;(ii)prevention of loss and waste in the operation of the petroleum and petroleum products pipeline; .(iii)safe operation of petroleum and petroleum products pipeline following the technical standards and specifications including safety standards as notified by the Board;(iv)redressal of consumer grievances;A documented copy of the said systems & procedures shall be provided by the authorized entity to the Board. Modifications, if any, suggested by the Board shall be carried out by the entity.(e)The authorized entity shall specify its own obligations as well those of the other entities in the contracts for sourcing and transport of petroleum products as may be specified in the relevant regulations for access code.(f)In case the authorized entity laying, building, operating or expanding petroleum and petroleum products pipeline is also engaged in the activity of marketing of petroleum and petroleum products, it shall:(i)state the approved pipeline tariff to be paid under the contract for the transport of petroleum products expressed in Rs/MT or in Rs./MT/KM and other relevant terms proposed in the contract;(ii)not exert undue pressure on the customer,(iii)not make any offer or provide any promotional material to the customer that is inconsistent with the contract being offered to or entered into with the customer;(iv)not make any representation or statement or give any answer or take any measure that is false or is likely to mislead a customer; and(v)shall adhere to the provisions under the relevant regulations for affiliate code of conduct.(g)The entity shall provide connectivity to the consumer, if technically feasible, within a tariff zone in petroleum and petroleum products pipeline on receipt of a specific request the consumer undertaking to pay the applicable petroleum and petroleum products pipeline tariff, subject to availability of capacity and the technical and economic viability of the proposed connectivity.(h)The entity shall insure all the assets used in the activity of transport of petroleum products including on the line-fill volumes and the insurance-policy in this regard shall also cover third party liabilities.2. Construction, Operation & Maintenance.
(a)The entity shall not undertake any excavation or related work, which shall disturb or interfere with the surface of the travelled portion of any road / highway, water, body, canal, river, railway crossing, forest, etc. unless a permit for the same has been first obtained from the appropriate authorities and the Government and all works subsequently undertaken by the entity shall be carried out in line with the terms of approval and to the satisfaction of the approving authority and the Government.(b)The entity shall not deviate from the permission granted in clause 2 (a) above without the prior approval of the approving authority and the Government.(c)The entity shall, during the construction, maintenance and operation of the petroleum and petroleum products pipeline system, use all reasonable precaution, to avoid damage or injury to any person or property. The entity shall further be liable for any loss, injury or damage attributed to the negligence of the entity or its agents and shall indemnify the affected parties.(d)The entity shall establish a centralized control room for monitoring and control of the petroleum and petroleum products pipeline system, including the disaster management system.(e)The entity shall furnish on regular basis to the Board, the map including detailed "as built" drawings, accurately depicting the size, depth & location of pipelines, related equipment, location of marker posts indicating the route, pipeline gradient, etc. of the petroleum and petroleum products pipeline and regularly update the same for any change, addition or deletion.(f)The entity shall ensure compliance of all necessary quality checks and inspection certification before providing connectivity to any customer.(g)The entity shall properly purge, isolate, blind or dismantle any pipeline segment, equipment etc, which is not in use for long time or has been abandoned, to ensure complete safety and necessary modifications shall be carried out in the maps & drawings.(h)The entity shall have proper systems and procedures including designated facilities for undertaking inspection, testing, calibration and repair of safety equipments, etc,(i)Put in position the disaster management plan including mutual aid system and off site or on site emergency plan.(j)Any other service obligation, which the Board may specify from time to time,3. Services and information to be maintained by the entity.
(a)The entity shall have a current mailing address and telephone number of all locations where the petroleum and petroleum products pipeline is being set-up and operated,(b)The entity shall maintain a database and provide to the Board on request:(i)details of the customers and shippers of petroleum products;(ii)the copies of contracts with the customer and shippers of petroleum products; and(iii)details of renewal or extension of contracts at clause (a) and (b)4. Confidentiality of Consumer Information.
(a)The entity shall not disclose customer information to any person other than the Board, without the consent of the customer in writing, except when the information has been sufficiently aggregated such that an individual consumer's information cannot be separately identified, or where the, consumer information is required to be disclosed:(i)for billing or market operation purposes;(ii)for law enforcement purposes;(iii)when past due accounts of the consumer have been passed to a debt collection agency.(b)The entity shall inform customers regarding the conditions described in paragraph 4 (a) under which customer information may be released to a third party without the consumer's consent.(c)The entity shall not use consumer information obtained for a purpose other than for which it was obtained.5. Complaints.
(a)The entity shall provide the address and telephone number of its customer service centre for lodging of any complaint and widely advertise the same from time to time.(b)The entity shall make all reasonable efforts in resolving the complaints received in a time bound manner.(c)The entity shall maintain and periodically provide to the Board the details of:(i)complaint received by the entity or referred to by the Board;(ii)method and time of disposal of complaint;(iii)complaint pending for redressal; and(iv)comments on the quality of service provided by the entity and suggestions.