Section 3 in Bihar Electricity Regulatory Commission (Multi Year Distribution Tariff) Regulations, 2015
3. Definitions.
- 3.1 In these regulations, unless the context otherwise requires, -(1)"Act" means the Electricity Act, 2003 (36 of 2003);(2)"Aggregate Revenue Requirement" or "ARR" means the costs pertaining to the licensed business which are permitted, in accordance with these Regulations, to be recovered from the tariffs and charges determined by the Commission;(3)"Base Year" means the financial year immediately preceding first year of the control period and used for the purposes of these Regulations;(4)"Commission" means the Bihar Electricity Regulatory Commission;(5)"Conduct of Business Regulations" means the Bihar Electricity Regulatory Commission (Conduct of Business) Regulations, 2005, and its amendments from time to time.(6)"Control Period" means a multi-year period normally comprising of five financial years or as may be determined by the Commission, for submission of forecast in accordance with these Regulations;(7)"Expenditure" Reasonable and required expenditure actually incurred on the following:(a)purchase of energy;(b)salaries and wages of staff, welfare expenses excluding management remuneration covered below;(c)Directors remuneration, fees, expenses including facilities;(d)salaries and wages of corporate office / registered office;(e)financing cost excluding penal interest / charges;(f)interest charges on loan(s) borrowed for capitalized assets;(g)interest on temporary accommodation to the extent of approved unrealized arrears from the consumers(h)interest on working capital(i)Return on equity;(j)Income Tax(k)financing charges applicable to operational account;(l)interest on cash security deposits from consumers;(m)interest on advance against sales from consumers, if any;(n)Impact of variation in foreign exchange rate in case of foreign currency loan taken with due approval and is not capitalized;(o)Depreciation(p)Rents, rates and taxes, other than all taxes relating to income / profits;(q)Legal charges;(r)Auditor's expenses, Auditor's fees; auditor's expenses; Payment to Auditors in any other capacity or for any work which is necessary to be got done from them in connection with audit;(s)Consultancy charges for work which cannot be done in house or is uneconomical in doing in-house or is essential to be done from outside sources;(t)Bad debts actually written off subject to Commission's clearance;(u)Other expenses necessary which are ancillary or incidental to the business of electricity except penalty etc levied under the Act or any other law in force;(8)"Financial Year" means a period commencing on 1st April of a calendar year and ending on 31st March of the subsequent calendar year;(9)"Income" shall include all income from any sources but shall not be limited to the following:(a)sale of energy or gross receipts from sale of energy less discounts / rebates given based on the orders of the Commission;(b)Rental of meters, plant, equipment and other apparatus hired to the consumers;(c)Income from services to consumers by way of repair or any sale or other service other than capital receipts;(d)Interest on investments, bank balances including fixed and call deposits and any other income in the form of interest;(e)Profit on sale of assets;(f)Wheeling of energy;(g)Non tariff income;(h)Income from other business;(i)Transmission of energy;(j)Cross subsidy surcharge u/s 42(2) of the Act;(k)Additional surcharge u/s 42(4) of the Act;(l)Any receipt or refund from other sources against any expense or likely expense which has been earlier allowed as expense in the tariff;(m)All other general receipts arising from and ancillary or incidental to the business of electricity supply;(n)Other general receipts in terms of Act / Regulations including use of assets for other business whether actually recovered or not;(10)"Licence" means a licence granted under clause (b) of section 14 of the Act;(11)"Licensed Business" means the functions and activities, which the licensee is required to undertake in terms of the licence granted by the Commission or being a deemed licensee as referred under sections 14 and 172 of the Act;(12)"Licensee" means a person who has been granted a licence and shall include a deemed licensee;(13)"Non-Tariff Income" means income relating to the licensed business other than from tariff (wheeling and retail supply), and excluding any income from other business, cross-subsidy surcharge and additional surcharge;(14)"Other Business" means any other business of the distribution licensee for optimum utilization of its assets within the meaning of Section 51 of the Act;(15)"Retail Supply Business" means the business of sale of electricity by a distribution licensee to the consumers within the area of supply in accordance with the terms of the licence for distribution and retail supply of electricity;(16)"Wheeling" means the operation whereby the distribution system and associated facilities of a distribution licensee are used by another person for the conveyance of electricity on payment of charges to be determined under section 62 of the Act, and in the event where use of the distribution system and associated facilities is by a consumer, on payment of a surcharge in addition to the charges for wheeling as may be determined by the Commission under the first proviso to sub-section (2) of Section 42 of the Act, an additional surcharge on the charges of wheeling, as may be specified by the Commission, if applicable, to meet the fixed cost of such distribution licensee arising out of his obligation to supply, under Sub-section (4) of Section 42 and wheeling charges under clause (c) of sub-section (1) of Section 62;(17)"Wheeling Business" means the business of operating and maintaining a distribution system for conveyance of electricity in the area of supply of the distribution licensee.3.2The words and expressions used and not defined in these Regulations, but defined in the Act, shall have the meanings respectively assigned to them in the Act.3.3The words "Application" or "Petition" shall be interpreted synonymously.Part - II General Principles
