Section 43 in Rajasthan Electricity Regulatory Commission (Terms and Conditions for Determination of Tariff) Regulations, 2009
43. Applicability.
(1)The Regulations specified in this Part V shall apply for determining the tariff for supply of electricity to a Distribution Licensee from conventional sources of generation:Provided that determination of tariff for supply of electricity to a Distribution Licensee from renewable sources of generation shall be in accordance with terms and conditions as stipulated in Part VII of these Regulations.(2)The Commission shall be guided by the terms and conditions contained in this Part in determining the tariff for supply of electricity by a Generating Company to a Distribution Licensee in the following cases:(a)where such tariff is pursuant to a power purchase agreement or arrangement entered into subsequent to the commencement of Control Period; or(b)where such tariff is pursuant to a power purchase agreement or arrangement entered into prior to the commencement o Control Period; or(c)where such tariff is pursuant to a power purchase agreement or arrangement, which is the subject of a review by the Commission under sub-Regulation b) above; or(d)where the Distribution Licensee is engaged in the business of generation of electricity, in determining the transfer price at which electricity is supplied by the Generation Business of the Distribution Licensee to its Retail Supply Business; or(e)Captive Power Projects of capacity more than 110 MW and above supplying Firm Power as defined in RERC (CPP) Regulations to Distribution Licensee on long term basis, i.e., more than 1 year:Provided that the Commission may deviate from the norms contained in this Part or specify alternative norms for particular cases, where it so deems appropriate, having regard to the circumstances of the case:Provided further that the reasons for such deviation(s) shall be recorded in writing.
