Section 3 in Himachal Pradesh Electricity Regulatory Commission (Terms and Conditions for Determination of Hydro Generation Tariff) Regulations, 2011
3. Definitions.
- In these regulations, unless the context otherwise requires, -(1)[ "accounting statements" shall mean for each financial year, the balance sheet, the profit and loss statement, the cash flow statement and the report of the statutory auditors together with notes thereto:] [Inserted by Notification No. HPERC-F(1)-2/2018, dated 22.11.2018 (w.e.f. 1.4.2011).][(1-a)] [Renumbered '(1)' by Notification No. HPERC-F(1)-2/2018, dated 22.11.2018 (w.e.f. 1.4.2011).] "Act" means the Electricity Act, 2003 (36 of 2003);(2)"additional capitalisation" means the capital expenditure incurred or projected to be incurred, after the date of commercial operation of the project and admitted by the Commission after prudence check, subject to the provisions of regulation 13;(3)"Appendix" means the appendix to these regulations;(4)"applicant" means a generating company who has made an application for determination of tariff or an application for annual performance review in accordance with the Act and under these regulations and includes a 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;(5)"auxiliary energy consumption" or "AUX" in relation to a period means the quantum of energy consumed by auxiliary equipment of the generating station, and transformer losses within the generating station, expressed as a percentage of the sum of gross energy generated at the generator terminals of all the units of the generating station;(6)"base year" means the financial year immediately preceding the first year of the control period;(7)"beneficiary" in relation to a generating station means the person purchasing electricity generated at such a generating station whose tariff is determined under these regulations;(8)"capital cost" means the capital cost as defined in regulation 11;(9)"Central Commission" means the Central Electricity Regulatory Commission as referred to in sub- section (1) of section 76 of the Act;(10)[ "change in law" shall mean the occurrence of any of the following events: [Substituted by Notification No. HPERC-F(1)-2/2018, dated 22.11.2018 (w.e.f. 1.4.2011).](i)enactment, bringing into effect or promulgation of any new Indian law, or(ii)adoption, amendment, modification, repeal or re-enactment of any existing Indian law, or(iii)change in interpretation or application of any Indian law by a competent Court, Tribunal or Indian Governmental Instrumentality, which is the final authority under law for such interpretation or application, or(iv)change by any competent statutory authority in any condition or covenant of any consent or clearances or approval or licence available or obtained for the project, or(v)coming into force or change in any bilateral or multilateral agreement/treaty between the Government of India and any other Sovereign Government having implication for the Generating Station regulated under these regulations;](11)"Commission" means the Himachal Pradesh Electricity Regulatory Commission as referred to in sub- section (1) of section 82 of the Act;(12)"Conduct of Business Regulations" means the Conduct of Business Regulations specified by the Commission under sub-section (1) of section 92 of Act;(13)"control period" means a multi-year period fixed, by the Commission, from time to time, for which the principles of determination of revenue requirement and tariff will be laid down;(14)"cut-off date" means 31st March of the year closing after two years of the year of commercial operation of the project, and in case the project is declared under commercial operation in the last quarter of a year, the cut-off date shall be 31st March of the year closing after three years of the year of commercial operation;(15)"date of commercial operation" or "COD" means in relation to a unit of hydro generating station, the date declared by the generating company from 0000 hour of which, after notice to the beneficiaries, scheduling process in accordance with the Indian Electricity Grid Code and/or the Himachal Pradesh Electricity Grid Code is fully implemented, and in relation to the generating station as a whole, the date declared by the generating company after demonstrating peaking capability corresponding to installed capacity of the generating station through a successful trial run, after notice to the beneficiaries.Note. - 1. In case the hydro generating station, with pondage or storage, is not able to demonstrate peaking capability corresponding to the installed capacity for the reasons of insufficient reservoir or pond level, the date of commercial operation of the last unit of the generating station shall be considered as the date of commercial operation of the generating station as a whole, provided that it will be mandatory for such hydro generating station to demonstrate peaking capability equivalent to the installed capacity of the generating unit or the generating station as and when such reservoir /pond level is achieved.
