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Union of India - Section

Section 3 in Central Electricity Regulatory Commission (Fees and Charges of Regional Load Despatch Centre and other related matters) Regulations, 2019

3. Definitions.

- In these regulations, unless the context otherwise requires:
(1)"Act" means the Electricity Act, 2003 (36 of 2003);
(2)"Additional Capitalization" 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;
(3)"Annual LDC Charges (ALC)" : The Annual LDC charges (ALC) shall comprise the aggregate revenue requirement (ARR) for meeting the annual expenditure to be incurred by the RLDC and NLDC as approved by the Commission;
(4)"Auditor" means an auditor appointed by the Power System Operation Corporation Limited, qualified for being appointed as an auditor in accordance with the provisions of sections 224, 233B and 619 of the Companies Act, 1956 (1 of 1956), as amended from time to time or Chapter X of the Companies Act, 2013 (18 of 2013),or any other law for the time being in force;
(5)"Bank Rate" means the one year marginal cost of lending rate (MCLR) of the State Bank of India issued from time to time plus 350 basis points;
(6)"Buyer" means a person buying power through medium term open access or long term access and whose scheduling, metering and energy accounting is coordinated by the Regional Load Despatch Centre;
(7)"Capital Cost" means the capital cost as defined in Regulation 14 of these regulations;
(8)"Capital Expenditure" or "CAPEX" means the expenditure of capital nature planned to be incurred during the control period for creation of assets of the Regional Load Despatch Centres or National Load Despatch Centre, as the case may be;
(9)"Charges" means recurring payments on monthly basis to be collected by the Regional Load Despatch Centres for the services rendered by National Load Despatch Centre, Regional Load Despatch Centre and Power System Operation Corporation Limited;
(10)"Commission" means Central Electricity Regulatory Commission referred to in sub-section (1) of section 76 of the Act;
(11)"Contingency Reserve" is the reserve to be created and maintained by RLDCs and NLDCs from other incomes (other than registration fees and approved annual LDC charges) viz. short term open access application fees and operating charges, REC and PAT charges etc.
(12)"Contracted Capacity" means the capacity arranged through long term access or medium term open access;
(13)"Control Period" means a period of five years starting from 1.4.2019;
(14)"Day" means the 24 hour period starting at 0000hour;
(15)"Effective tax rate" for tax on return on equity is the rate (in %) calculated on the basis of actual tax paid by the concerned Load Despatch Centre in the respect of the financial year in line with the provisions of the relevant Finance Acts and in line with the norms defined in CERC (Terms and Conditions of Tariff) Regulations for the relevant control period notified by the Commission;
(16)"Expenditure Incurred" means the fund, whether 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 and the liabilities for which no payment has been made;
(17)"Ergonomics" means the science of refining the design of products/Office equipment to optimize them for human use. Human characteristics, such as height, weight, as well as information about human hearing, sight, temperature preferences and so on are considered while choosing the workplace equipment/furniture. Ergonomics is sometimes known as human factors engineering;
(18)"Fees" means the non-refundable one-time or fixed payments collected by the Regional Load Despatch Centres, or in a defined periodicity, by the National Load Despatch Centre, for the services rendered for commencement of grid access and scheduling and on account of registration, membership or any other purpose as specified by the Commission from time to time;
(19)"Forum of Load Despatchers (FOLD)" means the body constituted by Forum of Regulators (FOR) and having NLDC, RLDCs, SLDCs as its members with secretariat at NLDC;
(20)"Grid Access" means the permission granted by the concerned RLDC for integration of the generating station including a stage or unit of the generating station, or licensees, buyers and sellers with the grid on meeting the technical requirements;
(21)"LDC Development fund" is the fund to be created and maintained by POSOCO for administering capital expenditure & other expenses for empowerment of human resources as approved by the Commission;
(22)"Licensee" means a person granted a license under Section 14 of the Act;
(23)"Logistics Function" means the support functions for NLDC/RLDCs as per Regulation 5(1) of these Regulations;
(24)"Market Operation Function" means functions related to power market as per Regulation 5(2) of these Regulations;
(25)"National Load Despatch Centre" or "NLDC" means the Centre at the national level established by the Central Government under sub-section(1) of Section 26 of the Act;
(26)"Operational Expenditure or OPEX" refers to all the services related to the functions where a significant portion of delivery is through an annual recurring expenses mode;
(27)"Other Support Functions" means the functions performed by the RLDCs and NLDC and includes but not limited to taxation and TDS Reconciliation, Accounting, Settlement, Billing & Collection, Contracts, human resource administration, management information system, legal & regulatory affairs and inputs for policy making;
(28)"Power System Operation Corporation Limited" or "POSOCO" means a company entrusted with the operation of the National Load Despatch Centre in accordance with Section 26 of the Act and Regional Load Despatch Centres in accordance with Section 27 of the Act or any other related function assigned by the Govt./ Commission from time to time;
(29)"Region" means any one of the regions demarcated by the Central Government under Section 25 of the Act;
(30)"Regional entity" means an entity whose scheduling, metering and energy accounting is done at the regional level by the concerned Regional Load Despatch Centre;
(31)"Regional Load Despatch Centre" or "RLDC" means the Centre for each region established by the Central Government under sub-section (1) of section 27 of the Act;
(32)"Replacement Expenditure" or "REPEX" means the expenditure incurred or projected to be incurred for replacement of capital assets on completion of their useful life but are not covered under the Repairs and Maintenance expenses;
(33)"Regulatory Pool Account" means the account operated by the RLDCs or NLDC under the relevant regulations or orders by the Commission for handling Deviation Settlement Charges, Reactive Energy Charges, Ancillary Services Operation, Congestion Charges and Congestion Revenue amount due to market splitting or any other pool account/ market product which may be operated by RLDCs or NLDC from time to time as per the Regulations or directions of the Commission;
(34)"Scheme" means the facilities and equipment associated with and installed at the RLDCs, NLDC and Corporate office of POSOCO, as the case may be, as per Regulation 6 of these Regulation;
(35)"Seller" means a person other than a generating company supplying power through medium term open access or long term access and whose scheduling, metering and energy accounting is coordinated by RLDCs or NLDC;
(36)"State Load Despatch Centre (SLDC)" means the center established under subsection (1) of section 31 of the Electricity Act, 2003;
(37)"System Operation Function" shall be as per Regulation 5(3) of these Regulations;
(38)"User" means the generating companies, distribution licensees, buyers, Bulk consumers (SEZ), sellers and inter-State transmission licensees, Demand Response Consumers, Qualified Coordinating Agency (QCA), or any other such existing (or envisaged in future) entity who use the inter-State transmission network or the associated facilities and services of National Load Despatch Centre and Regional Load Despatch Centres further detailed as per Regulation 7 of these Regulations;
(39)"Year" means a financial year;The words and expressions used in these regulations and not defined here in but defined in the Act or the CERC (Indian Electricity Grid Code), Regulation, 2010 shall have the meaning assigned to them under the Act or the CERC (Indian Electricity Grid Code) Regulations 2010 as amended from time to time.Chapter-2 General