Section 27 in The Delhi Electricity Regulatory Commission Comprehensive (Conduct Of Business) Regulations, 2001
27. Application of tariff regulations.
(1)These regulations shall apply with the provisions of section 28 of the Act:(a)to determine the tariff for electricity, wholesale, bulk, grid or retail, as the case may be, in the manner provided in section 28 of the Act;(b)to determine tariff payable for the use of the transmission facilities in the manner provided in section 28 of the Act;(c)to regulate power purchase and procurement process of the transmission utilities and distribution utilities including the price at which the power shall be procured from the generating companies, generating stations or from other sources for transmission, sale, distribution and supply in the State;(d)to promote competition, efficiency and economy in the activities of the electricity industry to achieve the objects and purposes of the Act.(2)Neither the Board nor the utilities for transmission (intra-state transmission), distribution and supply of power shall charge any tariff without prior approval of the Commission.Provided that the existing tariff being charged by generating companies shall continue to be charged after the date of effect of these regulations for such period as may be specified by a notification without prejudice to the powers of the Commission to take up any matter relating to tariff falling within the scope of section 11 of the Act.(3)Any transmission or distribution utility, henceforth proposing to enter into a contract to procure and purchase power, including the price at which power may be purchased, from any Generating Company, Generating Station or from any other source for transmission, distribution and supply in the State, shall take approval from the Commission, before entering into such contract.(4)The Commission may from time to time, prescribe methodology and procedure for calculating the expected revenue from the permissible charges, in determining the tariff.(5)The Commission may at anytime frame separate Regulations, through notifications, for fixation of tariff in accordance with the guidelines under section 28(2) of the Act.(6)The Commission shall also regulate charges payable to the State transmission utility/other utilities for wheeling power within the State.(7)The Commission may work out appropriate incentive schemes for improved performance in generation, transmission and distribution utilities, which shall be notified from time to time.(8)The Commission may approve differential tariff as incentive linked with timely payment of bills.(9)Board/Utilities shall submit tariff proposals in the form of petition based on the terms and conditions, provided in these Regulations. Such proposals should be submitted to the Commission at least three months before the date from which tariff is proposed to be enforced.(10)The Commission shall invite objections/suggestions on the tariff proposals from the interested stakeholders and this shall be followed by grant of public hearings as may be deemed fit.(11)The Commission may get the books and records of the Board/Utilities concerned, examined by the officers and/or by consultants, as and when necessary. The report of the officers/consultants shall be made available to the parties concerned and they shall be given opportunity to react on the report in the manner as prescribed in clause 26(iv) of these Regulations.(12)The Commission may require the Board/Utilities to give such other information, particulars and documents as considered appropriate to enable the Commission to assess Boards/Utilitys calculations.(13)The Board/Utilities concerned shall publish the tariff as decided by the Commission, in the manner as may be provided in the order.(14)Board/Utility found to be charging a tariff different from the one decided by the Commission shall be deemed to have not complied with the directions of the Commission and shall be liable to penalties under sections 44 of the Act without prejudice to any other penalty to which it may be liable under any other Act. Any excess charges of tariff by Board/Utility in any year shall be dealt with as per the directions of the Commission.(15)In the event of variation in the fuel cost, the Board/Utilities may make application to the Commission in terms of section 28(8) of the Act for the amendment in the last tariff so as to adjust the same provisionally from the date of such application subject to final adjustment as per finalised accounts of the Board/Utility.(16)The Board/Utility shall submit periodic returns, as may be prescribed, containing operational and cost data to enable the Commission to monitor the implementation of its order and reassess the basis on which tariff was approved.
