Section 2(1) in The Delhi Electricity Regulatory Commission (Terms and Conditions for Determination of Transmission Tariff) Regulations, 2011
(1)In these Regulations, unless the context otherwise requires -(a)"Act" means the Electricity Act, 2003 (36 of 2003), including amendments thereto;(b)"Aggregate Revenue Requirement" or "ARR" means for each Financial Year, 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;(c)"Allotted Transmission Capacity" means and include the power transfer in MW between the specified point(s) of injection and point(s) of drawal allowed to a long-term customer on the intra-state transmission system under the normal circumstances and the expression "allotment of capacity" shall be construed accordingly;Allotted Transmission Capacity to a Long Term Transmission Customer shall be sum of the generating capacities allocated to the Long Term Transmission Customer from the State Generating Stations and Inter State Generating Stations and the contracted power, if any;(d)"Applicant" means a Transmission Licensee who has made an application for determination of transmission charge in accordance with these Regulations and includes a Transmission Licensee whose tariff is the subject of a review by the Commission;(e)"Auditor" means an auditor appointed by the transmission licensee, in accordance with the provisions of sections 224, and 619 of the Companies Act, 1956 (1 of 1956), or any other law for the time being in force;(f)"Availability" in relation to a transmission system for a given period means the time in hours during that period in which the transmission system is capable to transmit electricity at its Rated Voltage and shall be expressed in percentage of total hours in the given period, and shall be calculated as directed by the Commission;(g)"Base Year" means the Financial Year immediately preceding first year of the Control Period;(h)"Beneficiary (ies)" means both Long Term Transmission Customers and Long Term Open Access Customers. A Distribution Licensee shall necessarily be a Long Term Transmission Customer for which he shall be required to enter into a Transmission Services Agreement with the Transmission Licensee;(i)"CERC" means the Central Electricity Regulatory Commission;(j)"Change in Law" means occurrence of any of the following events:(i)the enactment, bringing into effect, adoption, promulgation, amendment, modification or repeal of any law; or(ii)change in interpretation of any law by a competent court, Tribunal or Indian Governmental Instrumentality which is the final authority under law for such interpretation; or(iii)change by any competent statutory authority, in any consent, approval or licence available or obtained for the project.(k)"Commission" means the Delhi Electricity Regulatory Commission;(l)"Conduct of Business Regulations" means the Delhi Electricity Regulatory Commission Comprehensive (Conduct of Business) Regulations, 2001, as amended from time to time;(m)"Control Period" means a multi-year period fixed by the Commission, from 1st April 2012 and up to 31st March 2015;(n)"Date of Commercial Operation" or 'COD' means:in relation to the transmission system, the date declared by the transmission licensee from 0000 hour of which an element of the transmission system is in regular service after successful charging and trial operation:Provided that the date shall be the first day of a calendar month and transmission charge for the element shall be payable and its availability shall be accounted for, from that date;Provided further that in case an element of the transmission system is ready for regular service but is prevented from providing such service for reasons not attributable to the transmission licensee, its suppliers or contractors, the Commission may approve the date of commercial operation prior to the element coming into regular service;(o)"Distribution Licensee" means a Licensee authorized to operate and maintain a distribution system for supplying electricity to the consumers in his area of supply;(p)"Expenditure Incurred" means the fund, whether the equity or debt or both, actually deployed and paid in cash or cash equivalent, for creation or acquisition of a useful asset and does not include commitments or liabilities for which no payment has been released;(q)"Financial Year" means a period commencing on 1st April of a calendar year and ending on 31st March of the subsequent calendar year;(r)"Implementation Agreement" means the agreement, contract or memorandum of understanding, or any such covenant, entered into between the transmission licensee and the long-term transmission customer for construction of the transmission system;(s)"License" means a License granted by the Commission under Section 14 of the Act;(t)"Licensed Business" means the functions and activities, which the Licensee is required to undertake in terms of the License granted by the Commission or as a deemed Licensee under the Act;(u)"Licensee" means a person who has been granted a Licence and shall include a deemed Licensee;(v)"Long-Term Transmission Customer" means a person having contractual right to use the intra-state transmission system for a period of twelve years or more and less than twenty five years by paying transmission charges;(w)"Medium-term Transmission Customer" means a person having contractual right to use the intra-state transmission system for a period exceeding three months and less than three years by paying transmission charges;(x)"Non-Tariff Income" means income relating to the Licensed Business other than from tariff (intra-state transmission of electricity), and excluding any income from Other Business;(y)"Other Business" means other business of the Transmission Licensee under section 41 of the Electricity Act 2003;(z)"Open Access Customer" means a consumer permitted by the Commission to receive supply of electricity from a person, other than Distribution Licensee of his area of supply, and the expression includes a generating company and a Licensee, who has availed of or intends to avail of open access;(aa)"Original project cost" means the capital expenditure incurred by the transmission licensee, within the original scope of the project up to the cut-off date as admitted by the Commission;(bb)"Project" means the transmission system;(cc)"Rated Voltage" means the manufacturer's design voltage at which the transmission system is designed to operate and includes such lower voltage at which any transmission line is charged or for the time being charged, in consultation with long-term transmission customers;(dd)"Short-term Transmission Customer" means a person having contractual right to use the intra-state transmission system for a period up to 1 month by paying transmission charges;(ee)"State Load Despatch Centre" or 'SLDC' means the centre established by the State Government for purposes of exercising the powers and discharging the functions under Section 31 of the Act;(ff)"State" means the National Capital Territory of Delhi;(gg)"Transmission Business" means the business of transmission of electricity by a Transmission Licensee to a Beneficiary/(ies) and permitted open access customers;(hh)"Transmission Service Agreement" means the agreement, contract, memorandum of understanding, or any such covenant, entered into between the transmission licensee and the Long-Term Transmission Customer(s) for the operation phase of Transmission System;(ii)"Transmission System" means the system consisting mainly of extra high voltage electric lines and associated equipments and substations having design voltage higher than 66 KV including any other system of lower voltage as the Transfer Scheme or the Commission may specifically recognise, owned or controlled by the Transmission Licensee, and used for the purposes of the transportation of electricity between the switchyards of two Generating Stations or from the switchyard of a Generating Station to a substation, or between substations, or to or from any external interconnection and includes all bays/equipment up to the interconnection with the Distribution System, and any plant, apparatus and meters owned or used in connection with the transmission of electricity, but shall not include any part of a Distribution System.(jj)"Transmission System Availability Factor" means Availability of the Transmission System as certified by the State Load Despatch Centre;(kk)"Useful life" in relation to a unit of a Transmission System from the COD shall mean 25 years for sub-station and 35 years for transmission line;
