Section 7(8)(iii) in Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2014
(iii)where the capital cost considered in tariff by the Commission on the basis of projected capital cost as on COD or the projected additional capital expenditure submitted by the generating company or the transmission licensee, as the case may be, falls short of the actual capital cost incurred on year to year basis by more than 5%, the generating company or the transmission licensee shall be entitled to recover from the beneficiaries or the long term transmission customers /DICs as the case may be, the shortfall in tariff corresponding to reduction in capital cost, as approved by the Commission alongwith interest at 0.80 times of bank rate as prevalent on April 1 of respective year.