Section 2012 in The West Bengal Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2011

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State of West Bengal - Section

Section 2012 in The West Bengal Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2011

2012.

-13 UHV6 = L + 0.50 x BWUHV from year 7 onwards, i.e., from 2013-14 shall be equal to UHV6.Where,L = Declared minimum UHV of that notified grade of coal to which UHV from such indigenous source corresponds.BW = Difference between declared maximum UHV and declared minimum UHV of notified grade of coal from the same geographical area for CIL and its subsidiaries.Gcal = 109 x 1 Calorie(iv)Transportation of coal and other charges related to fuel procurement shall be as per the latest declared charges received from the tariff applicant or from the declared price list of the relevant sources providing such transportation and other auxiliary services.(v)During tariff determination, fuel mix of different type of fuel or among different quality of same type of fuel shall be considered as per mixing proportion of last one year, subject to specific deviation, if any, as proposed by the licensee or generating company with proper supporting document and also subject to prudence check.However, during FPPCA calculation, in case where applicant cannot provide actual data of different fuel, fuel mix of different type of fuel or among different quality of same type of fuel, it shall be considered as per mixing proportion of the fuel received in the year for which FPPCA is under calculation.(vi)Demurrage charge of railway rake, being commercial terms and conditions of freight, is also an indicator of efficiency of rake unloading capability of the generating stations. For existing power stations, allowance for the demurrage will gradually be reduced to a target in phased manner within a stipulated period as per regulation 2.8.6 as and when provided under. For new power stations or extension of existing power station commissioned after publication of these regulations it will be zero unless free time provided by railway is reduced by more than 20% from the existing value.(vii)At tariff determination stage, the incidental charges of fuel such as sizing charges, transportation charges to the loading point (not railway freight), underloading/overloading charges, crushing charges and other incidental charges, if any and related taxes and duties shall only be considered on the basis of actual annual average expenses against each unit of fuel for each item related to such supply from each source as will be provided in Form D (2) and Form D (3). However, for FPPCA, it shall be considered on actual basis on the quantum of fuel that has been allowed by the Commission.(viii)In case the price of coal from any indigenous captive coal mine of any licensee or generating company is determined by any statutory body or through any government order, such price will be applicable and in that case the methodology of price determination under clause (iii) will not be applicable.5.8.2- The sourcing of coal besides linkage based allocation policy of the Government of India, such as through e-auction or any other means of auction or any other mechanism from indigenous source shall be allowed by the Commission for consideration of that price for fuel cost determination purpose subject to satisfaction of any of the following conditions.(a)Coal price is less than the administered coal price of same grade available through linkage based allocated coal.(b)It can be established that procurement of such coal will be ultimately beneficial to the consumers of the State and for that purpose prior in principle clearance is obtained from the Commission.(c)In power shortage scenario procurement of coal through such mechanism does not increase the fuel cost, as approved in ARR, by more than 10% provided that allocation of coal through linkage from concerned Ministry of Government of India is not sufficient to harness the total potentiality of available generation capacity and there is sufficient evidence of power shortage which is required to be submitted while claiming such coal price.5.8.3- Any generating company or licensee can procure coal from any other source at a price within the price discovered through e-auction mechanism of Coal India Limited or its subsidiaries or any government company or government/ statutory authority on the date of procurement subject to satisfaction of any of the three conditions as specified in regulation 5.8.2 of these regulations.5.8.4- Any generating company or licensee can procure coal from any source through negotiation for firm supply from dedicated source at a price within the ceiling of the average price discovered through e-auction of Coal India Limited or any government company or government/ statutory authority in the last one year preceding to the year when agreement took place subject to satisfaction of any of the three conditions as specified in regulation 5.8.2 of these regulations.Provided that if such negotiated price exceeds the above specified ceiling then the generating company or licensee shall take prior approval of the Commission through submission of an application justifying its requirement.5.8.5- In case of sourcing coal from overseas through competitive bidding based procurement in a transparent manner, the Commission will adopt the price of such coal subject to prudence check by the Commission and subject to satisfaction of the Commission regarding ensuring of competitiveness in the bidding process and also subject to proof that there is either shortage in required quantity of coal of the desired quality in the country or such procurement will ensure ultimate lower tariff to the consumers of the State.5.8.6- In case of sourcing coal from own coal mines in overseas foreign country, the generating company or licensee shall submit all relevant information in support of the price of the coal inclusive of copies of different deals, agreement, freight, expenditure under different heads etc. On the basis of such documents and available international price on the basis of competitive bidding or available from international market mechanism, the Commission will decide the procurement price of the coal for the purpose of tariff determination under the Act.5.8.7- Notwithstanding anything to the contrary contained elsewhere in these regulations if the price of coal sourcing from foreign country is determined under any regulatory mechanism of that country, then the Commission will adopt such price as a basis for arriving at the landed cost of such coal for tariff determination.5.8.8- In case of any increase in price of fuel or railway freight or taxes/ duties / royalty/ cess on fuel at any time after issue of a tariff order for a year or due to sourcing of coal in terms of regulations 5.8.2 to 5,8.7 in larger quantity than that admitted in the tariff order or due to enhancement in power purchase cost for any justified reason whatsoever, the Commission may in order to reduce tariff rise in future due to accumulation of such entitled expenditure, allow provisionally on the basis of a Fuel Surcharge Formula termed as FPPCA in Schedule - 7A in pursuance to Section 62(4) of the Act an adhoc fuel cost or adhoc power purchase cost or adhoc variable cost as the case may be either suo-moto or on the basis of an application filed by a generating company or a licensee subject to reconciliation of such charges on receiving application for determination of FPPCA for that year. Adhoc variable cost will be applicable when there is increase in both fuel and power purchase cost for a licensee. While determining adhoc fuel cost or adhoc power purchase cost or adhoc variable cost, the fuel surcharge formula termed as FPPCA in Schedule-7A shall be used to determine the enhanced cost on account of fuel and power purchase cost. However while using such fuel surcharge formula termed as FPPCA in Schedule - 7A instead of actual expenses incurred on fuel and power purchase cost, the estimated fuel and power purchase cost for the year shall be computed on the basis of following :(a)The actual latest price of fuel or power purchase cost as far as available for the ensuing year when application for such adhoc fuel cost or adhoc power purchase cost or adhoc variable cost is being made.(b)The energy volume and mix as admitted in the ARR calculation for the concerned ensuing year in the tariff order of the first ensuing year of the concerned control period or the tariff order of that ensuing year, whichever is the latest order.(c)The normative parameters and principles and methodology of computation as considered during ARR determination of the ensuing year concerned along with consideration of Cd and A as nil value for applicability of the fuel surcharge formula termed as FPPCA in Schedule - 7A.(d)In case of non-availability of information for any ensuing year as per (b) and (c) above, for any reason whatsoever, the available information of such requirement as per any latest tariff order of the Commission on the licensees or generating company shall be used.5.8.9- From the 1st April 2011 and onwards Monthly Variable Cost Adjustment (MVCA) shall be recoverable on monthly sale by the licensee from its consumer and purchaser of electricity under the purview of the Commission through applying a Fuel Surcharge Formula for this purpose only as provided in paragraph A of Schedule - 7B in pursuance to Section 62(4) of the Act.Similarly from the 1st April 2011 and onwards Monthly Fuel Cost Adjustment (MFCA) shall be recoverable on the monthly energy sale by the generating company from the purchaser of electricity under the purview of the Commission through applying a Fuel Surcharge formula for this purpose only as provided in paragraph B of Schedule - 7B in pursuance to Section 62(4) of the Act.The licensee or generating company will apply the above Fuel Surcharge Formula of Schedule - 7B directly by them to determine the applicable MVCA or MFCA for recovery from the consumer or purchaser of electricity under the purview of the Commission through their electricity bill subject to annual reconciliation during determination of APR and/or FPPCA as per Schedule - 7A to be done by the Commission.The applicable MVCA or MFCA shall be displayed in the website of the licensee or generating company and such website shall maintain the applicable MVCA or MFCA for last 24 months at any instant of time. Whenever there will be change in MVCA or MFCA the licensee or generating company shall publish such information through two daily newspapers in the area of operation of the license or generating company. While calculating MVCA or MFCA for each month, the licensee or generating company shall prepare a complete work sheet showing the computation of applicable MVCA or MFCA along with the basis of data and supporting documents. Such work sheet shall be prepared by the licensee or generating company so that whenever called for it, it can be submitted to the Commission for verification by the Commission. However, for April '11, May '11 and June '11 such worksheets shall be submitted immediately after the MVCA and MFCA is implemented so that at the initial stage of operationalization of MVCA or MFCA proper regulatory oversight can be applied to streamline the preparation of the details of the worksheet according to which such worksheets are to be maintained in future. Moreover, the copy of monthly worksheet for MVCA and MFCA of each month shall be submitted with application of the FPPCA of that ensuing year for which FPPCA application is being submitted.5.8.10- The applicable MVCA or MFCA shall be computed on the basis of fuel and power purchase cost or fuel cost, as the case may be, of the preceding month of the month for which electricity bills are to be issued.Provided that if the tariff order of any ensuing year is issued after April of any ensuing year then till such tariff order is issued MVCA and MFCA will be computed on the basis of paragraph (d) of the note under paragraph (A) and (B) of Schedule-7B.5.8.11- In case any supplementary bill on power purchase cost or fuel cost of previous year is received such bill shall normally be considered for FPPCA of the concerned ensuing year. However if the order on FPPCA of that ensuing year is already issued by the Commission then such supplementary bill may be considered under the application of FPPCA for any future ensuing year but it shall not be provided in the MVCA or MFCA computation.5.8.12- On the basis of any application or suo-moto Commission may issue order from time to time on MVCA and MFCA for providing any clarification or removal of any difficulties or any other matter as deemed fit by the Commission and such order shall be displayed in the website of the Commission and the licensee and generating company.5.8.13- The recovery against MVCA or MFCA along with the tariff and any Adhoc Power Purchase Cost Adjustment, Adhoc Variable Cost Adjustment or Adhoc Fuel Cost Adjustment will be subject to reconciliation against Admitted Fixed Cost and Variable Cost in APR and FPPCA of the concerned year.5.8.14- Within 21 days from the date on which these regulations will come into force the generating company and distribution licensees under the purview of the Commission shall publish a notice as approved by the Commission regarding introduction of MVCA or MFCA as applicable, such notice shall be published in the website of the licensee and also in at least 4 (four) daily newspapers widely circulated in the area of operations of the applicant, at least 1 (one) each of such newspapers being in Bengali and English.

5.9Employees Cost. -

5.9.1- Employees cost shall also include the share of expenses on account of salaries and wages and staff welfare including Directors remuneration, fees, expenses and other facilities and salaries and wages of corporate office / registered office and shall be shown separately. Employees Cost of own and contracted manpower in regular establishment shall be shown separately.

5.9.2- The cost for maintaining terminal benefit fund for the present and past liability shall be shown separately in a separate sub-head. Such cost will be allowed to the extent it satisfies the following conditions :

(i)The fund is created under any statutory obligation or under any contractual obligation that has got prior approval from the Commission before the contract has taken place or any contractual obligation that has been already admitted by the Commission;

(ii)The fund is audited up-to-date as per the law of the country applicable to the licensee or generating company;

(iii)The cost is not passed through the past tariff at any instant of time. An audited certification in this respect is to be submitted and also this is subject to prudence check by the Commission.

5.9.3- The licensee or generating company shall provide the break up of employee cost in Form 1.17(h) in Annexure-1.

5.9.4- The licensee or generating company shall provide the break up of arrear payment in Form 1.17(i) in Annexure-1 arising out of any wage revision and the period for such arrear is to be mentioned clearly. In case of any wage revision, the licensee or generating company shall also submit the concerned agreement and official order along with the approval of the Board of the generating company or licensee on such wage revision.

5.9.5- Performance incentive based on efficiency of operating parameters of the generating company or licensee which is applicable to the employee, if any, must be shown in a separate head in annual accounts and cannot be included under employee cost or any other head. However, the Commission will not allow such cost for production incentive payment to be recovered through tariff except those components of wage which ensures attendance and compliance with job norms of the employees. If required, a special note is to be inserted in the annual accounts or a certificate from the same auditor who has audited the annual accounts has to be furnished to show separately the expenses on head of performance or production incentive.

5.9.6- The licensee or generating company shall provide the information under regulation 5.9.3 and 5.9.4 for regular employees and contracted manpower in regular establishment separately.

5.9.7- Interest payment to Contributory Provident Fund, General Provident Fund or any statutory retirement benefit fund shall not be considered unless it is explicitly established that inspite of investment of such fund in timely manner there is shortfall in accrued interest to discharge the liability of statutory interest as laid down in concerned laws or there is provision of special dispensation under Section 131 of the Electricity Act 2003.

5.10Bad and Doubtful Debt. -

5.10.1- The Commission may allow such amount of bad debts as actually had been written off in the latest available audited accounts of the generating companies / licensees subject to a ceiling of 0.5% of the annual gross sale value of power at the end of the current year.

Provided that in case of restructuring or merger of entities, the Commission may relax the ceiling for once only as deemed fit and proper.

5.11Reserve for Unforeseen Exigencies. -

5.11.1- The generating companies and the licensees may provide and maintain a reserve for dealing with unforeseen exigencies up to 0.25% of the value of gross fixed assets at the beginning of the year annually and the provision made for the year will be allowed in their Aggregate Revenue Requirement subject to an overall ceiling of 5% of the value of gross fixed assets at the beginning of the year. The existing amount of contingency reserve in the books of accounts of the generating companies / licensees, if any, will be considered while arriving at the overall ceiling as stated herein.

5.11.2- For failure to comply with the provisions of the regulation 5.11.1 and 5.24.1, double the amount allowed under the head reserve for unforeseen exigencies in any tariff order of a year shall be withheld from the re-determined ARR during APR of any year.

5.12Foreign Exchange Rate Variation. -

5.12.1- In case of Foreign Exchange Rate Variation (FERV), the resultant payment due to FERV arising on account of interest payment and repayments of loan, at actual as per loan term, shall be considered subject to regulations 5.12.2 and 5.12.3.

5.12.2- Extra rupee liability towards interest payment and loan repayment corresponding to the actual foreign debt in the relevant year shall be, permissible provided the entire rupee liability directly arises out of foreign exchange rate variation and is not attributable to the generating company / licensee or their suppliers or contractors.

5.12.3- Generating companies / licencees shall be allowed reasonable cost of hedging subject to a ceiling of 1 % of the foreign exchange component to take care of foreign exchange rate variation if it is found beneficial to consumers.

5.13Income Tax. -

5.13.1- Fringe benefit tax, banking cash transaction tax, any other direct tax and tax on income stream of the generating company or the Transmission licensee or the Distribution licensee as the case may be from Core / Licensed business shall be computed as expenses and shall be recovered as pass through from the consumers / beneficiaries. Such taxes of any year shall be passed through tariff subject to submission of assessment order of the concerned year or other valid documents including applicable Auditor's certificate for payment of tax along with the APR or tariff order of any subsequent year. However the amount of minimum alternate tax and self-assessed income tax as deposited for the concerned year will be allowed without the assessment order.

5.13.2- Under recovery or over recovery of any amount from the beneficiaries or the consumers on account of such tax having been passed on to them shall be adjusted every year on the basis of income tax assessment under the Income Tax Act 1961 as certified by the Statutory Auditors.

Provided that tax on income from business other than the Core / licensed business shall not constitute a pass through component in tariff and the tax on such income shall be borne by the generating company or the licensee as the case may be.The benefits of any income-tax holiday, credit for unabsorbed losses or unabsorbed depreciation shall be taken into account in calculation of the income-tax liability of the generating station of the generating company or of the licensed business;Provided also that where such benefits cannot be directly attributed to a generating station, they shall be allocated across the generating stations of a generating company in the proportion of the generating station-wise profit before tax.

5.13.3- In case any tax paid against income/ services under other sources or non-tariff income which are considered in ARR, such taxes will also be passed through tariff.

5.14Inclusion in Tariff. -

5.14.1- The licensee and generating company shall be entitled to take into account any statutory fee or charge paid by it under these regulations as expenses in the determination of tariff.

Provided that the expenditure against any statutory provision such as taxes, duties. cess etc. shall only be passed through APR on submission of assessment order or any valid document mentioning the reasons of such payment.

5.14.2- Any expenditure arising out of contravention or non-compliance of any statutory provision under any Act or rules or regulations or non-compliance of any order of judicial body or statutory body shall not be allowed to be passed through tariff and for that purpose, the licensee or the generating company shall specifically mention such expenditure in Form 1.17(j) in Annexure-1 of these regulations along with the relevant order of the authority :

Provided that while submitting application for APR. the licensee or generating company shall submit the details along with the documents of the concerned authorities for any payment made under the head as mentioned under the regulation 2.2,7 and in case no such payment has been made in the concerned year, the applicant has to give a clear declaration for such non-payment in that year in Form 1.17(j) in Annexure-1 of these regulations.

5.14.3- Insurance shall be treated as a separate head for consideration under ARR determination and will be allowed by the Commission if such insurance is done through a transparent process.

5.14.4- The Commission may withhold any amount for non-compliance of its directives or non-submission of information properly as sought for in the regulations.

5.15The principles of sharing of gains or losses between the Generating Companies / licensees and the Consumers:

5.15.1On Capital Account -

(i)Savings in interest during construction on early completion of the project, use of efficient technology, improved financing plan and such other matters - Such savings may be shared equally between the generating companies / licensees and the consumers after a suitable time lag if the Commission so directs. However, in case of delay due to the factors not controllable by generating companies or licensees then the Commission on the merit of the case may approve the additional interest costs attributable to such delay. Otherwise, if Commission disapproves, the additional cost is to be borne by the generating companies or licensees.

(ii)Incentive for completion of hydro-generating stations ahead of schedule In case of commissioning of a hydro-generating station or part thereof ahead of schedule, the Generating Companies or licensees shall become eligible for incentive for an amount equal to pro rata reduction in interest during construction, achieved on commissioning ahead of the schedule. The incentive shall be recovered through tariff in twelve equal monthly instalments during the first year of operation of the Generating station. In case of delay in commissioning, interest during construction for the period of delay shall not be allowed to be capitalized for determination of tariff, unless the delay is on account of natural calamities or geological surprises.

(iii)Any one-time proceeds accruing to the licensee or generating company from carbon trading or green-house emissions reduction programme or environmental pollution reduction programme and which is being invested in creation of new asset in electricity business of the said company or licensee, will be treated as equity invested by the generating company or the licensee itself and ROE as per this regulation shall be applicable to the licensee or generating company, but the said investment amount will be deducted from project cost during computation of depreciation for tariff determination.

(iv)Any one time proceeds accruing to the licensee or generating company from sale of its assets and invested in creation of new asset in electricity business of the company, or licensee, will be treated as equity invested by the generating company or licensee itself and book value of the asset sold will be deducted from the asset valuation. ROE on such equity shall be applicable to the licensee or generating company, but the said investment will be deducted from project cost during computation of depreciation for tariff determination.

(v)Any benefit out of swapping of foreign debt and equity during construction period of a project shall be used totally to reduce the project cost.

5.15.2On Revenue Account -

(i)Savings arising out of swapping of foreign debt and equity - The Commission will allow such swapping only if it proves to be beneficial in terms of cost and the benefits are to be equally shared between the consumers and the power selling licensee as also between power purchasing licensee and generating company or power selling licensee. as the case may be. However, the related cost will also be allowed as an allowable expenditure in determination of tariff.

(ii)Savings arising out of restructuring of capital cost in terms of debt equity ratio during the tariff period - The resultant saving shall be shared between the consumers and the power-selling licensee as also between power purchasing licensee and generating company or power selling licensee, as the case may be, in the ratio of 3 1.

(iii)For better performance than the operating parameters, benefit of gain-sharing will be provided in accordance with the provisions of Schedule 9B between the generating company/distribution licensee and purchaser of electricity for whom tariff/ price of electricity is determined under these regulations.

(iv)Sharing of benefit from selling of power to those other than licensee or any consumer:- Income from selling of power to those other than licensee or any consumer reduced by expenses relating to such activity shall be shared equally between the consumers and the power selling licensee as also between power purchasing licensee and generating company or power selling licensee, as the case may be, within 2015-16 to protect the consumer's interest and encourage optimum investments. In the intervening period, the sharing and utilization of such profit will be decided upon by the Commission, starting in the first control period from retention at a level already approved for the base year of the first control period. However, in case of loss from such activity, such loss shall not be allowed to be adjusted against aggregate revenue requirement.

(v)Sharing of benefit from carbon trading:- Any income by licensee or generating company from carbon trading or greenhouse emissions reduction programme or environmental pollution reduction programme, reduced by expenses relating to such activity, shall be used partially for the benefit of the consumer and licensee purchasing power from them by utilizing 30% of such income to reduce the ARR. However, in case of loss from such trading or programme, such loss shall not be allowed to be adjusted against aggregate revenue requirement.

(vi)Sharing of benefit from income arising to a generating company from supplying power to any person other than a distribution licensee:- Forty percent of the income arising to the generating company for supplying surplus powers to any person other than any distribution licensee shall be utilized after reducing the income by actual cost of fuel for such related generation in case such actual cost of fuel is more than the normative cost of fuel, otherwise by the normative cost, in order to reduce the aggregate revenue requirement related to supply of electricity to

(a)consumers of such distribution licensee(s) purchasing from the said generating company; or

(b)distribution licensee purchasing power from such distribution licensee(s) as mentioned in (a)

Provided the balance 60% is used for investment in electricity business primarily for supplying electricity in West Bengal and in case of investment in generating stations, such station shall supply more than 50% of generated energy within West Bengal to any consumer or licensee under the purview of WBERC.However, in case of loss arising out of such activity, such loss shall not be allowed to be recovered against annual revenue requirement for determination of tariff and / or for sale to the distribution licensee under the purview of WBERC.

(vii)Sharing of income from Auxiliary Services- Where the distribution licensee has derived any extra means of income from auxiliary sendees then an amount equal to 40% of the revenue from such other services after deducting the direct and indirect costs attributed to such auxiliary services shall be deducted from the gross aggregate revenue requirement in calculating the revenue requirement for distribution licensee.

(viii)In respect of the period prior to 31.03.2008, the sharing of any gain out of such income as mentioned in clauses (i) to (vii) during such period shall not be recovered, if such gain is invested by the licensee or the generating company for its business.

(ix)Notwithstanding anything to the contrary contained in clauses (i) to (vii), the Commission may at its discretion in order to avoid future irregular variation in tariff, direct a generating company or a licensee to create a fund to be known as Power Purchaser Fund and credit any or full share of the consumers/power purchaser arising out of any provision contained in clause (i) to (viii) or part thereof to that Power Purchaser Fund. The amount in the Power Purchaser Fund shall be considered as regulatory liability and may be used to control increase in tariff in future.

5.16Incentive :. -

5.16.1- The amount of generation of a thermal generating station used to offset the lower performance of any other generating station as per regulation 2.8.6.7 of these regulations shall not be entitled for consideration of the incentive as per paragraph 1 of Schedule-10.

5.16.2Incentive for energy saving due to demand side management including energy conservation initiatives on demand side - The expenses avoided arising out on energy saving by licensee from demand side management including energy conservation initiatives at demand side programme as approved by the Commission, reduced by expenses relating to such activity, shall be considered as incentive to the licensee in the first year after total completion of such project. From second year onward such incentive will be reduced by 10% for each year till such incentive become nil.

Incentive achieved in such manner shall be in addition to the ARR and shall be passed through any tariff order or APR order.

5.17Income from Unscheduled Interchange(UI) Charges: -

5.17.1- For a generating station of a generating company or a distribution licensee UI charges receivables on actual basis for any previous year or base year or ensuing year shall be considered as income for the period of the previous year or the base year or the ensuing year concerned. Similarly the UI payable on actual basis for any previous year or base year or ensuing year shall be considered as expenditure for the period of the previous year or the base year or the ensuing year concerned.

5.17.2- A generating company shall be allowed to retain the net receivable UI charges for a base year or an ensuing year However for a base year or an ensuing year for a generating company if there is net payable then that shall not be considered as expenses for determination of ARR.

5.17.3- For a distribution licensee the net receivable UI charges for a previous year or base year or an ensuing year, as the case may be, shall be shared equally between the consumers and the distribution licensee from the fourth control period, in the intervening period the extent of such sharing shall be as may be decided by the Commission.

5.18Annual Fixed Charges or Fixed Cost. -

5.18.1- The Annual fixed charges consist of Return on equity, Depreciation, Advance Against Depreciation, Financing Cost, Interest on Working Capital, Operation and Maintenance Expenses, metering charges, Employee Cost, Bad and Doubtful Debt, Reserve for Unforeseen Exigencies, Foreign Exchange Rate Variation, Income Tax, other taxes, water cess, duties, amortization of intangible assets and insurances. The list is illustrative but not exhaustive.

5.19Development Fund. -

5.19.1- The Commission, at its discretion, may allow a generating company or a licensee to make a provision in its annual revenue requirement, not exceeding 5% of its annual fixed charge, for development of its infrastructure directly related to equipment for generating stations or for transmission network or for distribution network for supply of electricity to the licensees or consumers, as the case may be, and to recover the same through tariff.

5.19.2- The amount so allowed for recovery through tariff under regulation 5.19.1 shall be kept in a fund to be known as Development Fund to be created by the generating company or licensees, as the case may be, and utilised exclusively for the purposes mentioned in regulation 5.19.1 of these regulations.

5.19.3- The assets created from the Development Fund shall be maintained under a separate asset register with proper book value under prudent accounting practice along with unique codification of each asset separately.

5.19.4- Accounts of the Development Fund shall be maintained separately, audited by certified Auditor and the Audit Report shall be submitted to the Commission every year.

5.19.5- For the assets created through such "development fund" no return on equity shall be allowed but interest at a rate 2% less than the rate of interest allowed on working capital shall be allowed and the same shall be deposited in the development fund for reinvestment.

5.19.6- The depreciation on such assets created through such Development Fund shall be deposited in the Development Fund for reinvestment.

5.20Income from Other Sources / Non-tariff income. -

5.20.1- Income from other sources or non-tariff income shall be shown against each type of income separately and it shall be clearly mentioned in books of account for each type separately and distinctly.

5.20.2- Income from other sources or non-tariff income shall be allocated to that part of electricity business of a licensee or generating company under which such income has taken place.

Provided that where such segregation is not possible then it will be allocated in proportion to gross aggregate revenue requirement for each part of electricity business.

5.21Research and Development Expenditure. -

5.21.1- The Commission may allow a licensee or a generating company an expenditure on account of Research & Development up to 0.10% of the ARR of the preceding year for the year for which ARR is determined.

5.21.2- Such expenditure on Research & Development will be allowed only when there is prior project-wise approval from the Commission or where the Commission has directed to undertake any such project.

5.21.3- Such project(s), if approved or directed by the Commission, shall be conducted through own in-house resource or through recognized Research Institute(s) under Government of India or State Government or any reputed academic institution or through any reputed consultant provided the selection of the consultant has been done through competitive bidding.

5.21.4- The asset created through such expenditure shall be considered as an asset created through consumer contribution and thus will not be entitled to Return on Equity.

5.22Cost of Outsourcing. -

5.22.1- The licensee or generating company shall show the cost of outsourcing on the following activity separately in a Form 1.17(k) in Annexure-I against each activity of electricity business as shown below :

(i)Generation activity generating station wise.

(ii)Distribution activity.

(iii)Transmission activity.

(iv)Electricity trading activity.

(v)Others, if any, (to be stated clearly).

5.22.2- Against each activity of electricity business as specified in regulation 5.22.1 the outsourcing expenditure is to be shown on different heads distinctly in Form 1.17(k) in Annexure-I which shall also include the following heads :

(a)Repair & maintenance along with details on heads of spares, consumables, services, manpower.

(b)Service (such as security, call centre, office transportation, courier service etc.)

(c)Operational service

(d)Management service

(e)Others, if any, (to be stated clearly).

5.22.3- While showing the cost of outsourcing for the first year the licensee or generating company shall specifically mention the head of account under which such expenditure was previously included along with the actual expenditure on such head for the last three years. On the basis of such information, the Commission shall adjust the requirement of revenue of each element of ARR, irrespective of controllable item or non-controllable item, in APR or tariff order of the year for which outsourcing cost(s) are determined separately.

5.22.4- If any outsourcing is introduced for a new activity, the licensee or generating company, as the case may be, shall mention it clearly. If such activity is in replacement of any existing activity done by its own resource, then it shall also be made clear along with detailing of utilization of such resource in the changed circumstances due to outsourcing. The annual expenditure against such replaced resource for the last three years shall also be made available along with the accounts head under which such expenditure was booked.

5.22.5- Cost of outsourcing shall be considered for ARR determination prospectively subject to prudence check by the Commission.

5.23Insurance Premium. -

5.23.1- Insurance Premium paid by a generating company or licensee after selection of the insurance company through a transparent process shall be adopted by the Commission subject to prudence check for items covered under such insurance only.

5.24.2Investment and other conditions of Reserves and Funds. -

5.24.1- The sum appropriated to the Reserve for Unforeseen Exigencies, Development Fund and Power Purchaser Fund shall be invested separately against each such head prudently in securities authorised under the Indian Trusts Act, 1882 (2 of 1882) or in any financial instruments of Nationalized bank, keeping the risk, rate of return and liquidity factors in view within a period of six months of the close of the year of accounts for which such appropriation is allowed. Such investment will be done in a manner so that about 50% of such investment shall be in long term instruments and balance in short term deposits excluding those specific amounts against which the Commission has issued any specific direction.

5.24.2- The interest accrued from such investment shall be reinvested under the Same reserve / fund or placed under Development I Power Purchaser Fund as may be decided by the Commission in tariff order or order of APR.

5.24.3- The reinvestment from interest shall be maintained separately under separate head and it shall not be treated under any ceiling as specified in regulation 5.11.1 or regulation 5.19.1 of these regulations.

5.24.4- To decide the mode of use of accrued interest, prior approval of the Commission may be taken annually through application of tariff or APR preceding the year in which such interest accrues.

5.24.5- Accrued interest after disbursement shall be invested within a month of receipt of the same unless invested on a cumulative basis.

5.24.6- The aforesaid reserve or fund shall be drawn upon only to meet such charges as the Commission may approve.

5.24.7- For facilitating distinct operation of the above funds and reserves the licensee or generating company shall open separate bank accounts under nationalized/scheduled banks for Power Purchaser Fund, Reserve for Unforeseen Exigencies and Development Fund. The licensee or generating company shall deposit the amount on the head of Reserve for Unforeseen Exigencies and Development Fund on monthly basis from the monthly revenue income in proportion to the amount of such head in the total revenue recoverable through tariff for the year concerned. Any adjustment from these two accounts for a year for over or under deposition shall be done within three months from the date of the issuance of the order of APR of the concerned year. In case of Power Purchaser Fund, the required amount is to be deposited within one month of the concerned order issued or any investment maturity or issue of specific direction from the Commission on any specific amount. All the transactions and investment / reinvestment of the fund or reserve shall be routed through this account only in accordance with these regulations, and specific order of the Commission.

5.24.8- The reserve for unforeseen exigencies or development fund can be utilized for the purpose of providing service directly or indirectly exclusively to the consumers of the State. Similarly, power purchaser fund can be utilized only to control the tariff of the consumers of the State directly or indirectly.

5.24.9- If any generating company create any asset from the development fund or reserve for unforeseen exigencies and subsequently such asset is not used to supply electricity to any licensee of the State due to discontinuance of any PPA then such generating company is required to refund part of such investment to the account of power purchaser fund of the concerned licensee by an amount equal to balance residual amount of depreciated value of such asset under discussion.

5.24.10- The generating company or licensee shall maintain separate accounts of the Power Purchaser Fund, Reserve for Unforeseen Exigencies and Development Fund. It is the duty of the generating company and licensee to get such accounts audited by a certified Auditor, and submit such audit report to the Commission every year.

5.25Treatment of Inoperative asset of Generating Station. -

5.25.1- Notwithstanding anything to the contrary contained anywhere else in these regulations where for a generating station fixed cost recovery is done on the basis of availability, then in case any asset of such generating station of a licensee or a generating company remains inoperative for more than three months due to breakdown or force majeure events resulting in less availability compared to respective normative target of availability for that generating station then shortfall of full capacity charge will be allowed to be recovered partly on the following heads only :-

(i)Employee Cost and interest on capital loan corresponding to such inoperative asset will be allowed while determining the ARR of the generating station or the licensee for recovery to the extent the Commission finds it necessary.

(ii)Depreciation and advance against depreciation corresponding to such inoperative asset will be allowed while, determining the ARR of the generating station or the licensee for recovery to the extent the Commission finds it necessary.

5.25.2- Notwithstanding anything to the contrary contained in these regulations in case any asset of a generating station of a licensee or a generating company, the tariff/ARR of which is not determined on the basis of availability, remains inoperative for more than three months due to breakdown or force majeure events resulting in less actual/ projected generation for generating station compared to respective normative target for that generating station then different element of ARR other than fuel cost corresponding to such inoperative assets will be determined in accordance with the following methodology :-

(i)Employee Cost and interest on capital loan corresponding to such inoperative asset will be allowed while determining the ARR of the generating station or the licensee.

(ii)The return on equity and depreciation shall be determined in pursuance of regulations 5.6.1 and 5.6.2.

(iii)In order to ensure payment of principal of loan only corresponding to such inoperative asset advance against depreciation shall be applicable as per regulation 5.6.3.

(iv)The elements of ARR for a generating station other than those mentioned in regulation 5.25.2(i), 5.25.2(ii) and 5.25.2(iii) of these regulations will be determined in proportion to the actual/ projected generation for such generating stations with respect to normative generation as applicable for that power station.

5.25.3- In case any asset of a generating station of a licensee or generating company, the tariff of which is not determined on the basis of availability, remains inoperative for less than three months the Commission may deduct certain amount but not higher than the amount as per principle laid down in regulation 5.25.2.

5.25.4- Where a part of the asset is required to be treated under this regulation 5.25 for which detailed cost data is not available then Commission can consider principal of proportionate ratio or any other principle by applying due prudence.

5.26Allocation of different elements of ARR - While any element of ARR is required to be allocated among distribution, transmission, generation and trading business of any licensees, then the Commission will follow the allocation in accordance with the following methodology.

5.26.1- The actual amount of expenditure or entitlement on different business as proposed by the licensee or generating company shall be subject to prudence check by the Commission.

5.26.2- Where the licensee or generating company applies for allocation procedure with any reasoning on any element of ARR, the Commission may accept it, if it is found reasonable.

5.26.3- Where the Commission does not agree to any allocation procedure by generating company or licensee or does not have the allocation from generating company or licensee, the Commission will allocate such element of ARR in accordance with any of the following methodologies.

(i)Equity and reserve for unforeseen exigencies on the basis of gross fixed asset,

(ii)Depreciation on the basis of net fixed asset.

(iii)Other elements of ARR on the basis of purpose of such element. For loan, loan repayment and interest, the purpose of the loan shall be mentioned clearly in order to allocate properly its impact on generation, distribution system, transmission system and trading activity separately. Where no such allocation is possible on the basis of purpose, then such allocation will take place on the basis of proportion to gross aggregate revenue requirement for each type of business.

(iv)Any method, other than (i) to (iii) above, found to be reasonable subject to mentioning of such specific reasons.

5.26.4- While adjusting through recovery or refund arising out of APR, such adjustment amount is to be allocated between different businesses of the licensee in accordance with the proportion of the net aggregate revenue determined under APR for each type of business.

5.26.5- While adjusting fuel cost of a generating station under FPPCA of a year with ARR of any subsequent year, such fuel cost adjustment shall be treated under such ARR requirement of such generating station only. Similarly the adjustment for power purchase cost determined in FPPCA of a year with ARR of any subsequent year for a licensee shall be done against distribution activity of such licensee.

Chapter - 6 Availability based tariff framework and approach

6.1Applicability of Availability Based Tariff Order:-

6.1.1- The generating stations of a generating company, will be presently under availability based tariff and also under UI mechanism as shown in Annexure-B. Capacity charge recovery for these generating stations of WBPDCL at present will be based on 100% allocation of the capacity to WBSEDCL till any other decision is taken by the State Government. Thus capacity charge recovery by WBPDCL shall be at present from WBSEDCL only.

The recovery of capacity charges based on availability shall also be applicable for thermal generating stations of those licensees who satisfy the conditions specified in the regulation 6.4.2 of these regulations and will be guided by regulation 6.4.2. The recovery of capacity charges based on availability will also be applicable for hydro generating stations of licensees for station size above 25 MW subject to the conditions laid down in regulation 6.4.2 of these regulations. Capacity charge recovery for the generating stations of any distribution license will be based on 100% allocation of the capacity to the distribution licensee itself which owns the generating stations. The requirement of capacity charge recovery for those generating stations by the distribution licensee shall be considered as integral part of the aggregate revenue requirement of the distribution licensee, the lone beneficiary of those generating stations, on the basis of the normative availability factor of those generating stations as specified in Schedule 9A but the contribution by their generating station in ARR of the distribution licensee will be determined by finding out the ARR required for such generating station in a similar fashion as is being done for a generating company.

6.1.2- As far as unscheduled interchanges (UI) and grid operation issues are concerned in these regulations, the entities concerned are -

(i)All generating stations of West Bengal Power Development Corporation Limited (WBPDCL), or any other generating company under the purview of the Commission and connected to the state grid;

(ii)All distribution licensees under the purview of the Commission and connected to state grid:

(iii)Electricity traders drawing or injecting power in the state grid;

(iv)Deemed licensee(s) under first, third, fourth and fifth proviso to section 14 of the Act with the embedded generation and being a part of state grid, if any, and all other entities including open access customer with open access load exceeding 1 MW connected with network of any licensee Cr person(s) exempted under section 13 or exempted under 8th proviso of section 14 of the Electricity Act, 2003.

Provided that the existing entities prior to having no communication facility with SLDC shall not be considered for unscheduled interchange mechanism.Provided also that in case of generation of electricity from renewable and co-generation source of energy, ABT and scheduled I mismatch UI charges shall be applicable to the extent as specified in the regulations of the Commission on co-generation and generation of electricity from renewable sources of energy

6.1.3- Such entities having no communication facility with SLDC shall ensure setting up the communication system with SLDC within one year from the date of publication of these regulations and shall come under purview of Unschedule Interchange.

6.2Tariff determination. -

6.2.1- Tariff in respect of a generating station under these regulations shall be determined stage-wise, unit-wise or for the whole generating station. The terms and conditions for determination of tariff for generating stations specified in these regulations shall apply in like manner to stages or units, as the case may be, as to generating stations.

6.2.2- Where the tariff is being determined for stage or unit of a generating station, the generating company shall adopt a reasonable basis for allocation of capital cost relating to common facilities and allocation of joint and common costs across all stages or units, as the case may be :

Provided that the generating company shall maintain an allocation statement providing the basis for allocation of such costs and submit such statement to the Commission along with the application for determination of tariff under these regulations.

6.2.3- In relation to multi-purpose project of hydro-generating stations, with irrigation, flood control and power components, the capital cost chargeable to the power component of the project inclusive of statutory obligations for the power components of such project, only shall be considered for determination of tariff.

6.3Power Purchase Agreement (PPA): - Any transaction for sale/ purchase of power among the entities under this multi-year tariff framework is to be done through PPA as detailed in Chapter - 7 of these regulations.

6.4Capacity Charges. -

6.4.1- Capacity charges for thermal generating stations or hydro-generating stations shall be computed as per paragraph 2.3 of Schedule - 1 of this regulation.

6.4.2- The recovery of capacity charges for all the generating stations of the licensees shall be against the normative availability and for ABT compliant generating station of generating company shall be against regulation 6.11 of these regulations for which the schedule of availability for all the 15 minutes time block shall be provided to the SLDC directly by each generating station of a generating company or by the ALDC in respect of a licensee's generating stations for recording and subsequent demonstration of their declared capacity as mentioned in regulation 6.7 of these regulations and for this purpose the licensees/generating companies shall also provide on-line monitoring display arrangement of generation/sent-out of the generating stations along with dedicated voice communication at SLDC to meet the need of regulation 6.7 of these regulations and also paragraph 2 and 5 of Schedule-10 of these regulations for incentives. For generating stations of licensee, the full capacity charge will be recovered at the targeted availability factor as per paragraph C of Schedule - 9A and for performance beyond the targeted availability factor it shall be entitled to no further capacity charge but will be entitled to incentive as per Paragraph - 1 of Schedule - 10 only. While submitting the availability schedule by the ALDC of any licensee for the generating stations of the licensee to the SLDC, ALDC shall also provide the schedule of injection by those generating stations. For subsequent revision in availability schedule and/ or injection schedule for such generating stations of the licensee, the ALDC of the licensee shall follow the methodology as applicable for generating stations of generating companies to submit such revised schedule to the SLDC.

Provided that capacity charge recovery of the generating stations, that have not yet been covered by on-line monitoring display arrangement at SLDC along with dedicated audio communication, shall be done on the basis of normative PLF meant for incentive purpose in paragraph B of Schedule - 9 A or as per Schedule - 9D of these regulations and such generating stations shall not be entitled to any incentive under paragraph 2 and 5 of Schedule - 10 of these regulations.

6.4.3- The availability affected only for the reason of shortage in coal availability from linkage source excluding own captive source shall be separately determined annually in a manner as may be specified in the Balancing and Settlement Code. Such affected quantity of availability shall then be compensated to the maximum extent possible through applying regulation 2.8.6.7. If there is still some quantity of resultant affected availability, derived by reducing the affected quantity of availability through compensation by applying regulation 2.8.6.7, then such resultant affected availability may also be considered to be used further to such extent as the Commission may decide but shall not exceed seventy five percent of the amount of said shortfall in total entitled capacity charge recovery arising out of resultant affected availability. In order to serve such purpose, the coal fired thermal generating stations shall declare capacity for both the situations as mentioned below.

(i)Actual Declared Capacity taking into consideration existing actual shortage in coal supply and this is to be known as declared capacity.

(ii)Notional Declared Capacity considering no shortage notionally in coal supply.

Provided that for the purpose of showing shortage in coal supply during the period of April to July and November to March of a year, the stock in the power plant shall be less than 2 days on the basis of average coal requirement per day and the claim of shortage will be verified by SLDC based on the coal stock related data provided by the generating station on the basis of submitted data as per regulation 6.4.4 of these regulations and daily coal consumptions and receipt to be provided in accordance with State Grid Code.Provided further that for the purpose of showing shortage in coal supply during the period of August to October of a year, the stock in the power plant shall be less than 4 days on the basis of average coal requirement per day and the claim of shortage will be verified by SLDC based on the coal stock related data provided by the generating station on the basis of submitted data as per regulation 6.4.4 of these regulations and daily coal consumptions and receipt to be provided in accordance with State Grid Code.Provided further that in case of any dispute, physical check by the beneficiaries in the presence of SLDC representative will be done in order to verify the stock position. In case of dispute SLDC's decision on coal-stock will be final for the purpose of capacity charge recovery.Provided further that recovery of the Capacity Charge arising out of shortage in coal supply from linkage source will be considered if it is found that the licensee/ generating company has explored all the possibilities of acquiring coal through e-auction or import to compensate such linkage shortage and for procurement of coal through such mechanism the rise in tariff or ARR does not exceed 5% of such value as approved it the last tariff order.Provided further that, if due to restriction in transportation of coal due to any reason beyond the control of the licensee or generating company, there is possibility of delayed supply in coal which requires lowering of generation so that minimum power supply requirement is to be maintained in the grid as required by the SLDC, then that affected amount of availability shall be considered in the overall achieved availability only to attain availability up to target availability in the year for capacity charge recovery subject to submission of a report on such incidence to the Commission within 3 working days of the incident and obtaining the approval from the Commission.Provided further that such part of capacity charge recovery for the portion of resultant affected availability as specified in this regulation shall be done for those coal-fired thermal generating stations, the tariff of which are determined on the basis of availability.Provided also that if after issuing the initial Actual Declared Capacity and Notional Declared Capacity for a day coal stock is increased beyond the stipulated level within the concerned day, then it is the responsibility of the generating station to revise the schedule of Actual Declared Capacity accordingly, failing which the Commission may take decision that may affect the capacity charge recovery for that generating station.

6.4.4- For the purpose of determination of average coal requirement per day, as required under regulation 6.4.3, the annual coal requirement in MT as determined under last tariff order and the number of days in that year shall be considered. In this matter carpet coal shall not be considered for determining 'Coal Stock' in the coal yard of the generating station. SLDC shall initially collect the carpet coal stock position and base stock at the starting of the year. For this purpose the generating station shall also provide the quantity of daily coal consumption and receipt to the SLDC.

6.4.5- Notwithstanding anything contained contrary to this regulation, the extent of resultant affected availability due to shortage in supply of coal as provided in regulation 6.4.3 and used for part of capacity charge recovery commensurate with the resultant affected availability shall not be entitled to earning any incentive.

6.5Unscheduled Interchange (UI) Charges : -

6.5.1- Variation of actual injection or actual drawal with scheduled injection or scheduled drawal respectively shall be accounted for through unscheduled interchange (UI) Charges. UI for a generating station or injecting entity shall be equal to its actual injection minus its scheduled injection. UI for a beneficiary or drawal entity shall be equal to its total actual drawal minus its total scheduled drawal. The quantum of unscheduled interchange shall be inclusive of applicable transmission loss and shall be borne by the entities, who will be liable for paying UI charges at that instant. UI shall be worked out for each 15-minute time block. Charges for all UI transactions shall be based on average frequency of the time block and the rates applicable are as per rate specified by Central Electricity Regulatory Commission. Accounting of UI in case of pumped storage hydroelectric generating stations both in generating and pumping mode shall be on net basis.

6.5.2- The applicable UI mechanism shall be subject to the following conditions :

(i)Any injection up to 105% of the declared capacity by any generating station including captive generating station in any 15 minutes time block and averaging up to 101% of the average declared injection schedule respectively over a day and also averaging up to 101% of the average declared injection schedule during peak period of a day shall not be construed as gaming and such generating station shall be entitled to UI charges for such excess generation above schedule generation.

(ii)For any generation beyond the stipulated limits, the SLDC shall investigate so as to ensure that there is no gaming, and if gaming is found by the SLDC, the corresponding UI charges due to the generating station on account of such extra generation shall be reduced to zero and the amount shall be adjusted in UI account of other beneficiaries in the State grid in the ratio of their capacity share in the generating station. For this purpose extra generation stands for actual generation minus schedule generation.

(iii)If any distribution licensee or any person exempted under section 13 or exempted under 8th proviso of section 14 draws less power than the scheduled drawal inspite of availability of power as per schedule and at the same time having load shedding in his area of supply, then the action will be construed as gaming and no UI charge will be receivable by him. UI charge shall be adjusted in the UI account of beneficiaries. However, if such incidence occurs for any direction by SLDC, then UI charge may be receivable by him, if applicable. In case of any dispute the matter shall be referred to the Commission for decision. For this purpose of this regulation, the load shedding includes load restriction imposed on consumer by the licensee on the ground of shortage of power availability.

Provided in case of non-availability of power as per requisition and to meet the commitment of long term and short term sale of power the shortage can be distributed in some agreed principles between sale of power to consumer by load shedding and sale of power to entities in the State Grid by reduction in supply. However, in the larger interest, any instruction of SLDC shall be binding upon all.

(iv)Any injection in State Grid above the declared injection by any licensee in any 15 minutes time block as a consequence of generation by the embedded generating stations of the licensee up to 105% of the declared injection schedule and averaging up to 101% of the declared injection schedule of the generating station respectively over a day causing consequential underdrawal shall not be construed as gaming. For any injection above the said specified level, the SLDC may investigate so as to ensure that there is no gaming and if gaming is found by the SLDC. the corresponding UI charges due to licensee on account of underdrawal arising out of such extra generation over the schedule shall be reduced to zero and the amount shall be distributed in proportion to UI charges receivable by other entities within the State in those 15 minutes' time block. For this purpose such extra generation shall stand for actual generation minus scheduled generation. However, for this purpose of regulation load restriction or local feeder shedding due to any technical reasons or overloading of transformers shall not be considered as part of gaming.

(v)Any underdrawal at frequency below 50 HZ by any licensee up to 95% of the drawal schedule in any 15 minutes time block and averaging up to 99% of the drawal schedule over a day shall not be construed as gaming. For any drawal by the distribution licensee below the said stipulated level, SLDC may investigate so as to ensure that there is no gaming if such underdrawal below the stipulated level does not cause backing down of any generating station of any generating company or licensee under the purview of the Commission. If gaming is found by SLDC, the corresponding UI charges due to the licensee on account of underdrawal shall be reduced to zero where the underdrawal stands for actual drawal minus scheduled drawal and the amount shall be distributed in proportion to U1 charges recoverable by other entities within the State in these 15 minutes time block. If, such underdrawal below the stipulated level is found to co-exist with load-shedding in the area of supply of the distribution licensee by which such electricity is drawn then the SLDC may, if necessary, revise the concerned schedule and intimate the concerned person(s) immediately and such schedule will be binding on all. For this purpose of regulation load restriction or local feeder shedding due to any technical reasons or overloading of transformers shall not be considered as load shedding.

(vi)Any overdrawal at frequency above 50HZ by any licensee up to 105% of the drawal schedule in any 15 minutes time block and averaging up to 101% of the drawal schedule over a day shall not be construed as gaming. For any drawal by the licensee above the said stipulated level, SLDC may investigate so as to ensure that there is no gaming, and if gaming is found by the SLDC, then the amount of energy drawn by the licensee in excess of the schedule during the period when the frequency is 50 Hz or above but below f Hz will be recoverable at the highest rate of UI charge from the overdrawing licensee and the amount so recovered shall remain in UI fund. At frequency f Hz and above all overdrawal shall be treated at UI rate. For the purpose of these Regulations on the date on which these Regulations will come into force the value of f Hz will be 50.20 Hz. Henceforth Commission may time to time amend the value of f through any order in order to keep parity with inter-state ABT.

Provided that in case of DPL or DPSCL, when applicable, the overdrawal due to outage of the generating station or its units or its load bearing equipments, shall not be construed as gaming for the next three blocks from the block when such outages occur but limited to the extent by which generation is reduced due to the outage.

(vii)Notwithstanding anything to the contrary contained anywhere else in these regulations, in case of less injection by a generating station or a licensee in any 15 minutes time block than its scheduled injection to another licensee the second licensee can generate from its embedded generating stations to any extent over its declared capacity (i.e, declared availability) subject to the restrictions of injection by the second licensee in the State Grid as specified in clause (iv) of regulation 6.5.2 and regulation 6.5.13 of these regulations. In such case the excess energy injected by the second licensee will be entitled for UI charge only.

(viii)In case of certain unforeseen demand fall of a consumer of DPL or DPSCL, when applicable, if there is injection above 105% of the scheduled injection by DPL or DPSCL, then that shall not be construed as gaming if DPL or DPSCL could provide supporting documents. However, such over injection shall be allowed up to next two blocks only from the block when such over injection above 105% has started and by that time schedule has to be revised by the DPL or DPSCL as the case may be.

(ix)Notwithstanding anything contained contrary to any regulation of these regulations for a generating station of installed capacity below 100 MW or a licensee having injection / drawal schedule of less than 100 MW, then deviation up to ± 5 MW shall not be construed as gaming. However, in case of deviation beyond ± 5 MW of the scheduled injection / drawal subject to specific dispensation as provided in proviso of clause (vi), if SLDC finds any gaming then such extra injection shall be reduced to zero where such extra injection stands for actual injection minus scheduled injection.

(x)Whenever any amount of UI charge is not allowed to a licensee or generating company on the ground of gaming then such amount will be distributed in accordance with the following priority.

(a)If UI charge is not distributed as per clause (ii) of this regulation, such amount shall be distributed among the affected entities who are affected by losses of revenue due to such gaming.

(b)Otherwise such amount shall be distributed among the beneficiaries of UI account in proportion to their UI charge recoverable by the other entities excluding the person who has been found to be involved in gaming.

6.5.3- The UI charges receivable or payable by any entity depends on state grid frequency and deviation of actual drawal / injection from schedule drawal / Injection according to following procedure :

(i)For determination of UI charge receivable and payable under this regulation 6.5.3, there are basically two candidates. The first candidate is the injector consisting of the entities who are to inject power in the state grid as per their schedule. The second candidates are drawers consisting of the entities who are to draw power from state grid as per their schedule.

(ii)The candidates for whom UI charge is payable and receivable are given in Schedule - 8.

6.5.4- (i) The price of electricity from captive generating plant having capacity more than 5 MW and connected to State Grid shall be either at UI rates at the time of injection or at a mutually agreed rate as stipulated in power purchase agreement between the captive generating plant and the licensee purchasing such electricity provided that flow of such infirm power does not exceed a period of three months between synchronization and date of Commercial Operation. However, price for firm supply of electricity from such captive generating plant to any licensee in the State Grid shall be as per power purchase agreement. In such case of supply from captive generation deviation from scheduled injection, if any, shall be settled through UI mechanism, or, as per terms and conditions on this account in the agreement between the licensee and the captive generator.

(ii)Any reversal of flow of power for consumption by the consumer having in-situ captive generating plant source during the period, shall be considered as emergency power at a tariff for normal period of TOD scheme for such emergency supply as determined under these regulations irrespective of time of the day for flow of such reversal of flow of power.

(iii)The open access customer shall not indulge in any gaming by deviation from the schedule to enrich himself through UI charges in a premeditated manner.

(iv)Drawal schedule for open access customer in open access customer mode shall be injection schedule minus normative transmission and distribution losses. For operational facilities, open access customer. who also draws simultaneous power in consumer mode shall also provide drawal schedule for consumer mode separately but simultaneously. In case of reduction of actual injection or in case of revised schedule of injection it shall be intimated to SLDC as laid down in state grid code of the Commission for operational requirement.

(v)For computation of UI charges in open access mode and charges for power drawal in consumer mode in the case of an open access customer. the actual injection reduced by normative transmission and distribution losses, shall be treated as the drawal schedule in open access mode. The said computation will be subject to the following conditions :-

(a)For any composite drawal involving both open access mode and consumer modes, the consumption in consumer mode at any instant will always be the total drawal at that instant reduced by the scheduled drawal in open access mode at the same instant.

(b)Any underdrawal in open access customer mode up to 95% of the drawal schedule in any time block of 15 minutes and averaging up to 99% of the drawal schedule over a day shall not be construed as gaming. Failure to fulfil such conditions shall be taken as gaming for the relevant time block. Where gaming is involved, no UI charges shall be receivable by the open access customers, and if any UI amount is found to be receivable through gaming, the same shall be distributed in proportion to UI recoverable by other entities within the State.

(c)Any overdrawal at drawal point with respect to drawal schedule in open access customer mode by an open access customer, will be considered as power supplied by the licensee to the open access customer as a part of supply in consumer mode at an applicable rate in consumer mode or UI rate prevailing at the time of overdrawal whichever is higher. Where such open access customer has an agreement with the licensee for drawal of power in consumer mode also to meet its partial demand or full demand simultaneously with its open access drawal, then also such overdrawal in excess to the drawal schedule of open access mode or consumer mode is to be considered as drawal in consumer mode.

Provided that such applicable rate in consumer mode will also include the additional demand charge, if any, for the excess demand over the sanctioned contract demand. Moreover, drawal of power in excess of sanctioned contract demand shall attract additional energy charge on such excess power drawal at any applicable penal rate if stipulated in the concerned tariff order of the Commission or UI charge whichever is higher.

(d)If the open access customer has no agreement with the licensee of any power drawal through consumer mode, then in such case any overdrawal at drawal point beyond the implemented drawal schedule will be considered as back-up power or stand-by power as agreed between the Open Access customer and the licensee under the commercial agreement for wheeling and applicable price for such back-up power or stand-by power will be in accordance with the commercial agreement for wheeling.

(vi)For open access source outside the state, the schedule / actual injection declared by RLDC concerned to the state shall be taken by SLDC as schedule / actual injection.

6.5.5- Even if no gaming is found under regulations 6.5.2 and 6.5.4 the following procedure needs to be adopted during computation of UI Charge.

Charges for UI in case the injection by a generating station other than the hydro generating station in excess of 105% of the Declared Capacity of the station in a time block or in excess of 101% of the average Declared Capacity over a day shall not exceed the charges for UI corresponding to grid frequency interval of below 50.02 Hz and not below 50.0 Hz.Provided that charges for the UI for the underdrawals by the buyer or the beneficiaries in a time block in excess of 10% of the schedule or 250 MW whichever is less, shall not exceed the cap rate for UI charges as specified by CERC.Provided further that the charges for the Unscheduled Interchange for the injection by the seller in excess of 120% of the schedule subject to a limit of ex-bus generation corresponding to 105% of the Installed capacity of the station in a time block or 101% of the Installed capacity over a day shall not exceed the cap rate for UI charges as specified by CERC.Provided also that the charges for UI for the injection by the seller in excess of ex-bus generation corresponding to 105% of Installed Capacity of the station in a block or 101cY0 of Installed capacity over a day shall not exceed the charges for UI corresponding to grid frequency interval of 'below 50.02 Hz and not below 50.0 Hz'.

6.5.6- The eligible open access customer at the point of drawal will be subject to the UI charges only with reference to their schedule and actual drawal. Rate for UI shall be same as per the applicable rate framed by Central Electricity Regulatory Commission.

6.5.7- In case for open access customer having its injection point and drawal point of open access within the area of supply of same distribution licensee and connected to the network of such distribution licensee, then they will not be treated by these regulations and will be guided by separate open access agreement between -

(i)The licensee and the open access customer in one hand and

(ii)The supplier of electricity at injection point and the open access customer and / or licensee on the other hand.

Open access customer and open access source will be subject to operational control under area load despatch centre concerned.

6.5.8- Power drawn / supplied in radial mode between two entities at a voltage level 33 kV and below shall not be under the purview of UI mechanism. They shall be settled as per mutually agreed principle, method and PPA. However, in case of entities drawing power from generating station, the same shall put both the generating station and the entity under UI mechanism.

6.5.9- In case of shortage of power, the shortage sharing procedure for exchange of power amongst entities shall be as per the provision mutually agreed by the entities in PPA.

6.5.10- While scheduling the injection schedule on the basis of availability of the generating stations of a licensee by ALDC as provided in regulation 6.4.2, ALDC shall also consider the firm allocation of capacity or power provided by the other suppliers (henceforth called as firm supplier) to the licensee with same weightage along with the generating stations of the licensee following the principle of merit order dispatch/supply based on summated amount of energy charge and social cost charge, if available. against each unit of injection for preparation of the injection schedule for the generating stations of the licensee and drawal schedule from its firm suppliers. In absence of separate energy charges the single part tariff will itself be considered as energy charge till two part tariff is introduced.

6.5.11- On submission of such injection schedule of generating station of the licensee and drawal schedule of the licensee prepared as per regulation 6.5.10 of these regulations by ALDC to SLDC, the SLDC shall check those schedules to ensure that there is no deviation from the principles of merit order dispatch/ supply as specified in the regulations 6.5.10 of these regulations and in case of any deviation, shall make appropriate modifications before releasing of injection and drawal schedule for interruption in pursuance to State Grid Code.

6.5.12- The generating stations of the licensees shall not be under Unscheduled Interchange charges though UI charges is applicable on the licensee as a whole entity integrated with embedded generating stations along with provision of payments through UI mechanism that may arise out of gaming by such generating stations as provided in last proviso to this regulation :

Provided that the clause (i) of regulation 6.5.2 of these regulations shall be applicable on such generating stations :Provided further that in case of sudden rise in demand of licensee, subject to conditions as provided in regulation 6.5.13 of these regulations, the licensee shall be allowed to generate over the ceiling specified in clause (i) of regulation 6.5.2 of these regulations to the extent the demand has increased and only after ensuring that its scheduled drawal from all its firm suppliers is maintained :

6.5.13- In case of situations mentioned in clause (vii) of regulation 6.5.2 or second proviso of regulation 6.5.12, the extra supply required to reduce the shortfall between demand and supply shall be allowed to meet up by the generating stations of the licensee and the firm suppliers to the licensee through revising the injection schedule of the generating stations of the licensee and drawal schedule of the licensee for the concerned periods by SLDC in the same principles as laid down in regulation 6.5.10 and regulation 6.5.11 of these regulations :

6.5.14- Notwithstanding anything to the contrary contained anywhere in these regulations in case of violation of clause (vii) of regulation 6.5.2 or second provisos of regulation 6.5.12 of these regulations, such extra energy supplied by the generating stations of the licensee shall be construed as gaming and the corresponding fixed charges of extra sent out energy will be payable by the distribution licensee to the concerned suppliers under the purview of this Commission and who are being deprived due to such gaming either at a rate of fixed charge of such supply by such suppliers where such supply is done against two part tariff or at a rate as provided for single part tariff and such payment would be done in SLDC-Ul-FUND-WBSETCL for onward payment to the suppliers who have been deprived but such payment shall not be recoverable from the consumers on any account. A separate account in the SLDC-UI FUND-WBSETCL shall be maintained for recovery of such fixed charges.

6.5.15- If SLDC comes to a conclusion after observing two consecutive 15 minutes time block or same time blocks of a number of days in a certain pattern at a regular interval or number of days at a stretch, that any licensee or generating company or generating station is involved in gaming then SLDC can suo-moto revise the concerned schedule in a manner which will be beneficial to the State and in the process the loss of income from UI by the licensee or generating company due to such revision of schedule shall not be construed as loss of benefit to the licensee or generating company as because UI is a commercial principle for maintaining grid discipline only.

6.6Procedure for Scheduling : -

6.6.1- The general methodology for scheduling shall be as per the details specified by the Commission in state grid code.

6.7Demonstration of Declared Capacity : -

6.7.1- The generating station under ABT may be required to demonstrate the declared capability of its generation as and when asked by the SLDC. For coal fired thermal generating station such demonstration shall be applicable for both actual declared capacity (normally called as declared capacity) and Notional Declared Capacity as explained in regulation 6.4.3 of these regulations. On a day when there is difference between Actual Declared Capacity and Notional Declared Capacity, SLDC, on the basis of request from any beneficiary or suo-moto shall mandatorily ask for at least one demonstration at a stretch of a duration of 15 minutes time block against Notional Declared Capacity where such demonstration period excludes the ramp-up and ramp down time. In the event the generating station fails to demonstrate any of such declared capacity, the capacity charges due to the generating station shall be reduced as a measure of penalty.

6.7.2- If the captive generating plant / generating station sells a portion of its power to the licensee, then Notional Declared Capacity against total installed capacity is required and the respective proportion for Notional Declared Capacity under sale to licensee will be determined as per ratio of allocation in PPA to the licensee. For such captive generating plant the demonstration is to be given for Notional Declared Capacity against total installed capacity and for that period if there is any surplus generation the licensee will consume such surplus generation. Moreover. for such declaration in such demonstration penalty will be imposed and other measures will be taken proportionately to the extent of its installed capacity which is agreed for allocation for sale to the licensee under PPA.

6.7.3- No separate cost of demonstration, will be allowed for either type of the declared capacity for a unit which is kept idle for want of demand or shortage in coal-supply. This means that, for such demonstration, corresponding capacity charge and fuel cost as determined under normative parameter as provided in tariff order will be applicable.

6.7.4- While giving notice for demonstration of Declared Capacity, to a coal fired thermal generating station SLDC shall clearly mention whether such demonstration is to demonstrate the Actual Declared Capacity or Notional Declared Capacity. In case of demonstration of Notional Declared Capacity, same demonstration will also be treated as the demonstration for Actual Declared Capacity. For generating stations other than coal fired thermal generating stations, demonstration of declared capacity means Actual Declared Capacity only.

6.7.5- During demonstration of Actual Declared Capacity or Notional Declared Capacity the actual injection will be treated as the revised schedule of injection for those 15 minutes time block and the period of ramp-up and ramp-down under which such demonstration takes place in accordance with prior intimation to all entities by SLDC about undertaking of such demonstration. The impact of such additional injection due to such demonstration will be distributed as additional drawal schedule among the purchaser of electricity of that generating station in proportion to their original drawal schedule or as per direction of SLDC where such additional generation can be scheduled for any licensee who has shortage of power or to the licensee (s) who has asked for such demonstration.

6.7.6- The quantum of penalty for the first mis-declaration for any duration/ block in a day shall be the charges corresponding to two days capacity charges. For the second miss-declaration the penalty shall be equivalent to capacity charges for four days and for subsequent miss-declarations, the penalty shall be multiplied in the geometrical progression till the recoverable monthly capacity charge becomes zero in that month. In the mis-declaration where demonstrated capacity against Notional Declared Capacity is less than the corresponding Actual Declared Capacity, then the penalty will be applicable against failure for any one type of declared capacity only. The penalty arising out of mis-declaration shall be recorded by SLDC as specified in the Balancing and Settlement Code and its cumulative amount shall be adjusted with the recoverable revenue through tariff after adjusting the ARR with the amount determined in APR.

6.7.7- In case of no mis-declaration against Actual Declared Capacity/ Declared Capacity in a day, the Actual Declared Capacity/ Declared Capacity for each 15 minutes time block of the day shall be treated as resultant/ achieved actual availability. Similarly in case of no mis-declaration against Notional Declared Capacity in a day, the Notional Declared Capacity for each 15 minutes time block of the day shall be treated as achieved/ resultant notional declared availability, in case of mis-declaration(s), the availability to be determined against Actual Declared Capacity/ Declared Capacity and Notional Declared Capacity of the generating station for the whole day shall be as specified in the Balancing and Settlement Code. In case of mis-declaration against Notional Declared Capacity, following methodology is to be adopted for determination of Actual and Notional availability.

(i)If demonstrated capacity/availability lies between Actual Declared Capacity and Notional Declared Capacity, then during the 15 minutes time block when such demonstration takes place the notional availability will be the demonstrated capacity. Based on such value the notional availability for the whole day will calculated as per the Balancing and Settlement Code.

(ii)If demonstrated capacity/availability lies below the Actual Declared Capacity then during the 15 minutes time block when such demonstration takes place the notional availability as well as actual availability will be the demonstrated capacity. Based on such value the notional availability and actual availability for the whole day will be calculated as per the Balancing and Settlement Code.

6.7.8- When there is no demonstration but at frequency below 50 Hz, If there is failure to inject by the generating station at least to the level of 95% of the schedule of injection for any 15 minutes time block, the actual availability as well as notional availability will be reduced to the actual injection for the concerned 15 minutes time block in order to determine the amount for recovery as capacity charge and that failure shall not be treated as a mis-declaration.

Provided that if during that block the generation is under back down condition as per direction of SLDC, then the actual availability/notional availability will be reduced by the extent equal to the difference of revised schedule due to back down and the actual injection.

6.7.9- In case of dispute, the same shall be referred to the Commission. The operating logbooks of the generating station shall be available for review by the Commission. These books shall keep record of machine operation aid maintenance. For hydro-generating stations, the logbook shall also have records of reservoir level and spill way gate operation.

6.8Deemed Generation for Hydro-Generating Station:- (a) In case of reduced generation of a hydro-generating station due to the reasons not attributable to the generating company or on account of non-availability of transmission / wheeling capacity or on receipt of backing down instructions from the concerned SLDC resulting in spillage of water, the energy charges on account of such spillage shall be payable to the generating company. Apportionment of energy charges for such spillage among the beneficiaries shall be in proportion of their shares in saleable capacity of the generating station.

(b)Energy charges on the above account shall not be admissible if the energy generated by the hydro-generating station during the year is equal to or more than the design energy.

6.9Supply of Information on Demand and Availability : -

6.9.1- Each distribution licensee or any person exempted under section 13 or exempted under 8th proviso of section 14 of the Act must issue a monthly statement of their demand, availability, quantum of load-shedding in MW and quantum of load restriction due to technical interruption in MW along with the affected feeders due to such load-shedding and interruption including time of such load-shedding or interruption and estimated loss in kWh. Copies of such statement shall be sent to the Commission on monthly basis, both in soft and hard copies. Such statement shall commensurate with its other obligation of information supply as per the regulation framed under section 57 and 59 of the Act. Hard copies shall be duly signed in each page of such statement as per the instant clause of these Regulations.

6.10Metering & Accounting : -

6.10.1- Metering arrangements, including installation, testing and maintenance of meters for entities connected to the state transmission system and for such connection with state transmission system only, shall be the responsibility of the STU on payment basis. Collection and transportation of raw data to SLDC shall be the responsibility of individual licensee and generating company. Processing of the data required for accounting of energy exchanges and UI account based on average frequency on 15-minute time block basis shall be done by the SLDC. Initial time synchronization of the meters and further checking and time synchronization, as and when required, shall be done by STU in co-ordination with the licensee and SLDC. A metering committee shall be formed by SLDC with the representative from licensees and STU to decide detailed procedure in this regard. All concerned entities (in whose premises the special energy meters are installed), shall fully cooperate with the SLDC and extend the necessary assistance by taking weekly meter readings and transmitting them to the state load despatch centre. On the basis of processed data of meters along with data relating to declared capacity and schedules etc., the SLDC shalt issue the state level accounts for energy on monthly basis as well as UI charges on weekly basis. UI accounting procedures shall be governed by the Balance and Settlement Code.

6.10.2- Notwithstanding anything contained contrary to any regulation of the Commission, STU / SLDC shall not permit any synchronization of any new unit of any generating station unless ABT compliant meters are installed and commissioned for recording the generation and ex-bus generation amount of such generating station along with proper on-line real time display of such information at SLDC except for the first test synchronization of such unit with explicit prior permission of SLDC.

6.11Capacity Charges of Power Stations : -

6.11.1- The capacity charges shall be computed as detailed out in the following regulations from 6.11.2 to 6.11.8.

6.11.2- The beneficiaries shall have full freedom for negotiating any transaction for utilisation of their capacity shares. In such cases, the beneficiary having allocation in the capacity of the generating station shall be liable for full payment of capacity charges and energy charges (including that for sale of power under the transaction negotiated by him) corresponding to his total allocation and schedule respectively.

6.11.3- If any capacity remains un-requisitioned during day-to-day operation, SLDC shall advise all beneficiaries in the state and the RLDC concerned so that such capacity may be requisitioned through bilateral arrangements either with the concerned generating company or with the beneficiary(ies) concerned under intimation to the RLDC or SLDC depending on the nature of transactions.

The information regarding un-requisitioned capacity shall also be made available by the SLDC through their respective websites.

6.11.4- The fixed cost of a thermal generating station under ABT shall be computed on annual basis, based on norms specified under these regulations, and recovered on monthly basis under capacity charge. The capacity charge payable to a thermal generating station for a calendar month shall be calculated in accordance with the following formula

(i)Generating stations in commercial operation for less than ten (10) years on 1st April of the financial year:

AFC x (NDM / NDY) x (0.5 + 0.5 x PAFM / NAPAF) (in Rupees);Provided that in case the plant availability factor achieved during a financial year (PAFY) is less than 70% the total capacity charge for the year shall be restricted toAFC x (0.5 + 35 / NAPAF) x (PAFY / 70) (in Rupees)

(ii)For generating stations in commercial operation for ten (10) years or more on 1st April of the year :

AFC x (NDM / NDY) x (PAFM / NAPAF) (in Rupees).Where,AFC = Annual fixed cost specified for the year, in RupeesNAPAF = Normative annual plant availability factor in percentageNDM = Number of days in the monthNDY = Number of days in the yearPAFM = Plant availability factor achieved during the month, in percent :PAFY = Plant availability factor achieved during the year, in percent

(iii)The PAFM and PAFY shall be computed in accordance with the following formula :

PAFM or PAFY =	1000X ∑NDCi/{N x IC C (100x AUX)}%
i = 1

Where,AUX = Normative auxiliary energy consumption in percentageDCi = Average declared capacity (in ex-bus MW), subject to clause (iv) below, for the ith day of the period i.e. the month or the year as the case may be, as certified by the concerned load dispatch centre after the day is over.IC = Installed Capacity (in MW) of the generating stationN = Number of days during the period i.e. the month or the year as the case may be.Note:- DCi and IC shalt exclude the capacity of generating units not declared under commercial operation. In case of a change in IC during the concerned period, its average value shall be taken.

(iv)The DCi shall be equal to the implemented schedule based on actual availability after considering regulation 6.7 of these regulations.

6.11.5- The fixed cost of a hydro generating station shall be computed on annual basis, based on norms specified under these regulations, and recovered on monthly basis under capacity charge and energy charge, which shall be payable by the beneficiaries in proportion to their respective allocation in the saleable capacity of the generating station, that is to say, in the capacity excluding the free power to the home State if any :

Provided that during the period between the date of commercial operation of the first unit of the generating station and the date of commercial operation of the generating station, the annual fixed cost shall provisionally be worked out based on the latest estimate of the completion cost for the generating station, for the purpose of determining the capacity charge and energy charge payment during such period. The capacity charge payable to hydro generating station for a calendar month shall be calculated in accordance with the following formula.

(i)The capacity charge payable to a hydro generating station for a calendar month shall be

AFC x 0.5 x NDM / NDY x (PAFM / NAPAF) (in Rupees).Where,AFC = Annual fixed cost specified for the year, in RupeesNAPAF = Normative annual plant availability factor in percentageNDM = Number of days in the monthNDY = Number of days in the yearPAFM = Plant availability factor achieved during the month, in percent :

(ii)The PAFM shall be computed in accordance with the following formula :

PAFM or PAFY =	1000X ∑NDCi/{N x IC C (100x AUX)}%
i = 1

Where,AUX = Normative auxiliary energy consumption in percentageDCi = Declared capacity (in ex-bus MW) for the ith day of the month which the station can deliver for at least three (3) hours, as certified by the concerned load dispatch centre after the day is over.IC = Installed Capacity (in MW) of the complete generating stationN = Number of days in the month

(iii)In case of any other terms and conditions as applicable under any agreement arising out of inter state water sharing principles then such conditions shall also be considered while determining the capacity charge / fixed cost with prior approval of the Commission of such conditions.

6.11.6- The capacity charge recovery of the generating stations of the licensees under availability based tariff will not be on monthly payment basis in pursuance of regulations 6.11.1, 6.11.4 and/or 6.11.5, as such capacity charge recovery is inbuilt in the recovery of aggregate revenue requirement of the licensee concerned and thus in pursuance of these regulations any adjustment required for variation between normative and actual availability of such generating stations shall be taken due care in Annual Performance Review of the concerned year.

The monthly fixed charge recovery of the licensee as supplier supplying electricity to another licensee against firm allocation of power supply by the supplier licensee to the receiving licensee in two part tariff of fixed/demand charge and energy charge shall be based as per regulation 6.11.4 or 6.11.5 as the case may be.

6.11.7- In case of any hydro pumped storage generating plant the plant availability could not be used for generation, then such availability shall be used for determination of availability of the plant if such non-utilization of availability of the plant is for following reasons.

(i)Non-availability of pumping power.

(ii)Generation is not required due to sufficient power availability to meet the demand of the consumer and other licensee with whom there is PPA for supply of power under the purview of the Commission.

(iii)The pumping energy saved is found to be beneficial to the consumer,

(iv)To maximize availability of power to the consumer.

6.11.8- In case of any hydro-generating station including pumped storage project where the plant availability could not be used due to non-availability of water from the supplier of water or due to annual dependability less than design consideration, then such amount of non-utilised availability shall be considered for availability determination.

Provided that for such cases the availability shall be limited to the ex-bus energy design value for the concerned months.

6.12Energy Charges for Thermal Generating Stations and Pumped Storage Hydro-Generating Station : -

6.12.1- The energy charges shall be paid by the beneficiary(ies) / licensee(s) / pumped storage hydro generating station to the concerned generating company of a generating station in accordance with the charge determined under paragraph 7.0 and paragraph 8.0 of Schedule-1.

6.13Billing and Payment of UI Charges : -

6.13.1- The UI charges shall be paid by the beneficiary(ies), licensee(s), generating station(s) and other entities, on whom said charges are applicable, to the SLDC in accordance with the charge as applicable from the date as per notification of the Commission. The UI rate shall be adjusted to account for the allowable technical losses as defined in open access regulations. Any payment on the head of receivable or payable on UI-charges shall be done through SLDC-Ul-FUND-WBSETCL as specified in Balancing and Settlement Code. SLDC shall also pay to the entities, who are entitled for such payments on UI account, as and when received and distribute on pro-rata basis to the outstanding of all parties. UI charges should not be adjusted with any payable / receivable amount. Licensees / generators / other entities shall pay UI amount payable by them, if any, within one week from the date of receipt of UI bill raised based on UI account issued by SLDC pending finalisation of the dispute, if any. Dispute if any shall be settled with SLDC and licensees / generators and adjusted in next bill. In case the dispute cannot be settled by SLDC, the same shall be referred to the Commission for settlement.

6.14Incentives for Generation : -

6.14.1- The incentive for a generating station of a generating company/ licensee shall be given in accordance with Schedule - 10. However ABT-compliant generating station of a generating company will not be allowed incentive as per paragraph 1 of Schedule - 10.

6.14.2- All the operating parameters meant for capacity charge recovery and/ or incentives in respect of a generating station shall be determined against the specific asset of the generating station for which tariff is determined.

6.14.3- In case of failure to attain scheduled injection by any generating station and in consequences any losses arising out of payment of Ul charges shall not be allowed to be recovered through tariff.

6.14.4- In case of any extra charge or penalty for inability to maintain a certain stipulated ratio of peak and off-peak injection or drawal is being ordered by the Commission, such extra charge or penalty shall be applicable on the basis of ratio as per scheduled injection or scheduled drawal independent of UI charges.

6.14.5- If at the end of a financial year, there is any amount in UI account then 90% of such amount will be used for distributing among the licensee in proportion to the amount of energy required by the licensee for selling the power to its consumer and licensee of the Commission. Such distributed amount shall be kept in the power purchaser fund of the concerned licensee.

6.15Condition of new generating unit prior to COD and consequential impact dealing. -

6.15.1- The test synchronization can continue up to 24 hours at a stretch subject to following conditions :-

(i)Prior to any test synchronization notice is to be provided to the SLDC along with mentioning the maximum possible injection and the duration of such trial operation.

(ii)Prior to first test synchronization PPA between the generating station and purchaser of such electricity is to be submitted to the Commission mandatorily, where prior approval has not been taken yet, for clearance at least six months before such test synchronization except where the generating station and the purchaser are same person.

(iii)Only after receiving of clearance of SLDC on the basis of notice issued under clause (i) above, clearance under clause (ii) above and satisfaction of conditions as specified in regulation 6.10.2, test synchronization can be undertaken.

(iv)The fuel cost of electricity generated under test run shall be considered as a part of project cost and thus not chargeable at all.

(v)The electricity generated under test synchronization shall be deemed to be scheduled among the beneficiaries in proportion to the allocation under PPA or as will be instructed by the generator through written communication in case the beneficiary does not agree to draw such power.

(vi)Between two test synchronization there shall be a gap of at least 24 hours.

6.15.2- The synchronization of an unit of a generating station where tariff is to be determined by the Commission shall be subject to following conditions.

(i)At least 15 days before synchronization the owner of the generating station shall submit to the Commission status of all load bearing equipments, system and facilities along with certification of availability for full operation of these equipments / facilities / system from the manufacturers and / or erection contractor along with validation by the in-charge of the generating station.

(ii)On the basis of documents as above the Commission will provide approval for 'go-ahead' for synchronization.

(iii)Only on the basis of such approval for 'go-ahead' SLDC will allow the generating station to synchronize after getting prior notice from the generating station in accordance with the provisions to the State Grid Code.

(iv)Such unit will be under ABT operation from the Date of Commercial Operation (COD) as specified in these regulations with reference to such date of synchronization against the above synchronization.

(v)For the purpose of tariff determination and ABT operation ninety days from the date of synchronization or the date as declared by the owner of the generating station as COD, whichever is earlier shall be treated as COD.

(vi)The generation between date of synchronization and COD shall be treated as infirm power and chargeable on fuel cost basis.

(vii)The owner of the generating station has filed the tariff application and is being admitted by the Commission as per regulation.

(viii)The condition of regulation 6.10.2 is satisfied.

6.15.3- In case of shortage of power the Commission may allow synchronization of a new generating station with partial availability of all load bearing equipments / facilities / systems subject to following conditions.

(i)Licensee or generating company who owns the generating station cannot ask for any special dispensation in tariff due to partial availability in installed capacity.

(ii)For the purpose of tariff determination and ABT operation ninety days from the date of synchronization with such partial installed capacity or the date as declared by the owner of the generating station as COD, whichever is earlier shall be treated as COD.

(iii)From the date of commercial operation such generating station shall be under ABT operation and no special dispensation will be provided on the ground of lower availability of installed capacity.

(iv)The available installed capacity is at least 60% of the MCR of the generating unit under consideration.

(v)The conditions of regulation 6.10.2 of these regulations are satisfied.

6.16Computation and Payment to Transmission Charge for Intra-State Transmission System. -

6.16.1- The fixed cost of the transmission system shall be computed on annual basis, in accordance with norms as specified under regulation 2.8.6 of these regulations aggregated as appropriate, and recovered on monthly basis as transmission charge from the users, who shall share these charges in the manner specified.

6.16.2- The annual transmission Service Charge (Aggregate Revenue Requirement) recoverable by a transmission licensee shall be computed in accordance with the following equation :

AFC = [Gross ARR - NTI - OI]Where AFC = Annual Fixed CostGross ARR = Gross Aggregate Revenue Requirement of the transmission licensee as specified in these regulations.NTI = Approved level of non-tariff incomeOI = Approved level of income from other business.Annual transmission service charges shall be recovered monthly. However, the short term customers shall pay transmission charges on a daily basis as laid down in the open access regulations.

6.16.3- The transmission charge payable to a transmission licensee for a calendar month shall be calculated in accordance with the following formula.

(i)The transmission charge payable for a calendar month for a transmission system or part thereof shall be AFC x (NDM / NDY) x (TAFM / NATAF)

Where,AFC = Annual fixed cost specified for the year, in RupeesNATAF = Normative annual transmission availability factor, in per centNDM = Number of days in the monthNDY = Number of days in the yearTAFM = Transmission system availability factor for the month in percent.The transmission charges shall be calculated on monthly basis according to transmission service charges to be recovered in each month of a year by the transmission licensee as per allocation done by the Commission against each month in pursuance to the regulation 3.3.2.

(ii)The transmission charges may be calculated separately for part of the transmission system having differing NATAF, if any, and aggregated thereafter, according to their sharing by the beneficiaries. However, it will be the Commission's discretion whether they will determine such transmission charge separately or as a whole with the whole system.

(iii)In case the transmission charge recovered in a year is in excess of the annual fixed cost that excess cost shall be adjusted with the ARR of the next ensuing year through due diligence under APR.

6.16.4- The transmission licensee shall raise the bill for the transmission charge for a month based on its estimate of TAFM. Adjustments, if any, shall be made on the basis of the TAFM within 30 days from the last day of the relevant month.

6.16.5- In case of more than one long term transmission customer of the intra-state transmission system, the transmission service charges leviable on each long-term transmission customer shall be computed as per the following formula :

Transmission charges for transmission system concerned and payable for a month by a long-term transmission customer of that transmission system= {n∑ i=1 [AFCi/12] - TRSC} x CL/SCLWhere AFCi = Annual Fixed Charges for the ith transmission project in the transmission system concerned computed in accordance with regulation 6.16.2 of these regulations.n = Number of projects in the transmission system concerned.TRSC = Total recovery of transmission charges for the month from short-term customers as specified in open access regulations for the transmission system concerned in accordance with the open access regulations.CL = Allotted transmission Capacity of the transmission system concerned to the long-term transmission customer.SCL = Sum of the allotted transmission capacities to all the long-term transmission customers of the transmission system concerned.

6.17Billing and Payment of Charges. -

6.17.1- Bills shall be raised for capacity charge, energy charge and the transmission charge on monthly basis by the generating company and the transmission licensee in accordance with these regulations. and payments shall be made by the beneficiaries or the transmission customers directly to the generating company or the transmission licensee, as the case may be.

6.17.2- Each beneficiary shall pay the capacity charges in proportion to its percentage share in installed capacity for the thermal generating station and for hydro generating station including pumped storage hydro generating station in proportion to its percentage share in total saleable capacity of the generating station.

Note 1:- Allocation of total capacity of state generating stations and share of central sector generation under ABT schedule shall be made by state government from time to time, which also may have an unallocated portion. Such allocation must be intimated by State Government to the SLDC. However, at present all the power generated by WBPDCL and share of central sector generation are considered as fully allocated to WBSEDCL. Allocation of the unallocated portion shall also be made by the State Government from time to time, from the total unallocated capacity and shall be notified by the SLDC in advance at least 24 hours prior to such change in allocation taking effect. The total capacity share of any beneficiary would be the sum of its capacity share plus allocation out of the unallocated portion. In the absence of any specific distribution of unallocated power by the State Government, the unallocated power shall be added to the allocated shares in the same proportion as the allocated shares.Note 2:- The beneficiaries may propose surrendering part of their allocated share to other beneficiaries within the state. In such cases, depending upon the technical feasibility of power transfer and specific agreements reached by the generating company with other beneficiaries within the state for such transfers, the shares of the beneficiaries may be re-allocated by the State Government for a specific period. When such re-allocations are made, the beneficiaries who surrender the share shall not be liable to pay capacity charges for the surrendered share. The capacity charges for the capacity surrendered and reallocated as above shall be paid by the beneficiaries to whom the surrendered capacity is allocated. Except for the period of reallocation of capacity as above, the beneficiaries of the generating station shall continue to pay the full capacity charges as per allocated capacity shares. Any such reallocation shall be notified by the SLDC in advance, at least 24 hours prior to such reallocation taking effect.Note 3:- FEHS = Free energy for Home State, in percent and shall be taken as 12%

6.17.3Rebate -

(i)For payment of bills of the generating company and the transmission licensee through letter of credit on presentation, a rebate of 2% shall be allowed.

(ii)Where payments are made other than through letter of credit within a period of one month of presentation of bills by the generating company or the transmission licensee, a rebate of 1% shall be allowed.

6.17.4Late payment surcharge - In case the payment of any bill for charges payable under these regulations is delayed by a beneficiary beyond a period of 60 days from the date of billing a late payment surcharge at the rate of 1.25% per month on the billed amount or prorated for part thereof shall be levied by the generating company or the transmission licensee for the defaulted period reckoning from the due date.

Chapter - 7 Principles, terms and conditions for purchase and procurement of electricity

7.1Applicability.-

7.1.1- The regulations contained in this Chapter shall apply under section 86(1)(b) only for electricity purchase and procurement by a distribution licensee from a generating company or licensee or electricity trader or from any other source through agreement or arrangement for purchase of power for distribution and supply within the State.

7.2Power procurement guidelines. -

7.2.1- A distribution licensee shall follow the guidelines with respect to procurement of power under any arrangement or agreement.

7.3Power Purchase Agreement and its content. -

7.3.1- Every entity purchasing power from any source must have power purchase agreement covering penalty and rebate for deviation of schedule to take care of AST mode of operation except to the extent provided in these regulations. PPA may also cover month wise power purchase variation pattern, month wise daily drawal of peak and lean ratio, monthly load factor and normal overhauling schedule, power shortage sharing principle, point of sale transaction, etc. Firm and infirm power shall also be treated separately in the PPA. All these parameters shall be commensurate with the capacity charge recovery of the selling entity. Ir case, if any portion of the generation capacity of embedded generating station of any licensee is firmly allocated for other distribution licensee then that allocation must be included in the PPA along with the provision for capacity charge recovery. Similarly, if any portion of the power available with a distribution licensee is kept reserved firmly for supply to another distribution licensee, then the PPA shall include such reservation mechanism and priority in detail along with the terms and conditions.

7.3.2- A generating company or licensee, as the case may be, may agree to any terms and conditions in the power purchase agreement that may vary from the terms and conditions contained in these regulations where the terms and conditions agreed upon will result in a lower total cost of supply of electricity to consumers in the state during the entire duration of the agreement of which such terms and conditions form part or there is any reasonable ground for which the purchase under the agreement can be justified.

Provided that such agreement shall come into effect only with the prior approval of the Commission, except where such approval is not specifically required under the Act or these regulations.

7.4Approval of power purchase agreement / arrangement. -

7.4.1- Every agreement or arrangement for power procurement by a licensee from any other source of supply entered into after 09.02.2007 shall come into effect only with the prior approval of the Commission, subject to the exception vide provisions of regulations 7.5 of these regulations.

Provided that for any power procurement, other than power procurement through any power exchange under the purview of CERC or WBERC, prior approval of the Commission shall be required in accordance with these regulations in respect of any agreement or arrangement for procurement of electricity by the licensee from any source of supply except for the specific conditions for short-term procurement as specified under regulation 7.5.1 to 7.5.5 of these Regulations.Provided further that the prior approval of the Commission shall also be required in accordance with these regulations for any change to an existing arrangement or agreement for power procurement, whether or not the Commission approved such existing arrangement or agreement.

7.4.2- The Commission shall review an application for approval of power purchase agreement / arrangement for a period exceeding one year having regard to the following factors, as appropriate.

(a)Requirement for power procurement;

(b)Adherence to a transparent process of bidding in accordance with guidelines issued by the Central Government;

(c)Adherence to the tariff determined by the Central Electricity Regulatory Commission for the purchase of power from Central generating company;

(d)Adherence to the agreed tariff for purchase of energy from international sources:

(e)Adherence to policy approved by the Commission for purchase of power from captive and non-conventional sources;

(f)Availability (or expected availability) of capacity in the Intra-State transmission system for evacuation and supply of power procured under the agreement / arrangement:

(g)Adherence to Purchase of power from any source, other than those mentioned from (a) to (e) above in pursuance to different provisions of these regulations:

(h)Need to promote co-generation and generation of electricity from renewable sources of energy.

7.4.3- All the PPAs already approved by the Commission shall be deemed to have been approved under these regulations. The PPA which are yet to be approved by the Commission will be considered for approval under these regulations only.

7.4.4- Notwithstanding anything to the contrary contained elsewhere in these regulations no approval is required for the procurement of power through power exchange under the purview of the CERC or the Commission.

7.5PPA on Short-Term Procurement and Its Approval Mechanism. -

7.5.1- Where there has been a shortfall or failure in the supply of electricity from any approved source of supply during the financial year, the licensee may enter into a short-term arrangement or agreement for procurement of power from electricity trader or generating company outside the state under section 86(1)(b) without the prior approval of the Commission where the price for power procured under such arrangement or agreement is discovered through bidding within at least three bidders or procured for meeting the shortage on urgent basis as per regulation 7.5.3.

7.5.2- In pursuance to proviso of Section 62(1)(a) where there has been a shortfall or failure in the supply of electricity from any approved source of supply during the financial year, the licensee may enter into a short-term arrangement or agreement for procurement of power from any generating station or licensee or electricity trader without prior approval if the agreed price in the agreement is less than highest price for power purchase by the licensee that is approved by the Commission in the tariff order for the ensuing year concerned or any previous ensuing year in case the tariff for the concerned ensuing year has not yet been issued.

7.5.3- The licensee may enter into a short-term arrangement or agreement for procurement of power without the prior approval of the Commission and without bidding when faced with emergency conditions that threaten the stability of the distribution system or when directed to do so by the State Load Despatch Centre of West Bengal to prevent grid failure.

7.5.4- Within three months from the date of entering into an agreement or arrangement for short-term power procurement for which prior approval is not required, the distribution licensee shall provide the Commission, full details of such agreement or arrangement. including quantum, tariff calculations, duration, supplier details, method for supplier selection and such other details as the Commission may require with regard to such agreement / arrangement to give the post facto approval.

Provided that where the contract period in the agreement for such short term procurement does not exceed 120 days the post facto approval is also not required.

7.5.5- Notwithstanding anything contrary contained elsewhere in these regulations for short-term procurement, Letter of Award or any order with due terms and conditions shall also be considered as PPA. Power Procurement through exchange will not require any PPA for any transaction.

7.6PPA Under Regulation 2.11.2. -

7.6.1- Notwithstanding anything to the contrary contained anywhere else in these regulations. where the licensee has identified a source from which power can be procured at a tariff that reduces the ultimate average cost of supply to the consumer or ultimately beneficial to the consumer by increasing instant or deferred availability the licensee may enter into procurement agreement or arrangement with such supplier with prior approval of the PPA from the Commission in accordance with regulation 2.11.2 of these regulations. In case, the period of the agreement is over three years, such PPA may be approved subject to the condition that at any time if it is found not to serve the above mentioned purpose then in such case the agreement will be terminated as per order of the Commission or otherwise the tariff for procurement of such power procured is to be determined under this regulatory mechanism for each year.

7.6.2- Where the Commission has reasonable grounds to believe that the arrangement or agreement entered into by the licensee under short term power procurement or under regulation 2.11.2 of these regulations results in increase in average cost of supply to the consumer, the Commission may disallow any increase in the total cost of power procurement (net of additional revenue) over the approved level arising therefrom or any loss incurred by the distribution licensee as a result, from being passed through to consumers as an adjustment in tariffs in the formula for Fuel and Power Purchase Cost Adjustment (FPPCA) as specified in Schedule - 7A.

7.7PPA for existing Entities. -

7.7.1- The power purchase agreement by all the existing entities, as provided in regulation 7.3.1, shall be completed by 31st December, 2011 and submitted to the Commission within a fortnight from the date of completion of the PPA for approval so that it become operative from the date of approval.

7.7.2- In case of existing power purchasing agreement, if the issues mentioned in regulation 7.3.1 above are not covered then that should be covered under supplementary PPA within 31st March, 2012 and submitted to the Commission within a fortnight from the date of completion of the supplementary PPA and the same shall become operative from the date of approval of the PPA by the Commission.

7.7.3- In the absence of power purchase agreement, the decision of the Commission on the above issues shall be binding upon the power purchaser and seller.

7.7.4- Notwithstanding anything to the contrary contained in any provisions anywhere else in these regulations, the tariff for supply of electricity from any licensee to any other licensee after 31st March of 2012 shall not be determined by the Commission unless any power purchase agreement exists between the licensees for the projected period of supply within the concerned control period and has been approved by the Commission.

7.8New PPA. -

7.8.1- The PPA between /among the entities, as provided in regulation 7.3.1 of these regulations, in relation to supply of electricity, shall be submitted to the Commission within a month of completion of such document except for the specific dispensation as made for the cases under these regulations.

7.8.2- New generating station of any generating company and commissioned after 22.05.2009 shall not be allowed to supply electricity to any licensee under the purview of the Commission in line with regulation 7.3.1 of these regulations unless the Commission gives express clearance for supply of electricity on submission of PPA to the Commission.

7.8.3- The PPA for long-term or mid term procurement between any generating company or any electricity trader or any licensee in one hand and any distribution licensee under the purview of the Commission on the other hand and covered by these regulations shall not be operative unless the PPA is approved by the Commission.

7.9PPA And Tariff. -

7.9.1- Notwithstanding anything to the contrary contained in any other provision anywhere else in these regulations, the tariff for supply of electricity from any generating station of a generating company to any licensee shall not be determined by the Commission unless a power purchase agreement exists between the generating company and the licensee for the projected period of supply within the concerned control period and the same has been approved by the Commission.

Chapter - 8 Miscellaneous

8.1- If any tariff applicant fails to submit any information required to be submitted by these regulations the Commission, at its sole discretion, shall apply its best judgement to arrive at its own conclusion regarding such missing information based on prevailing norms and / or other available data, etc. and based on such methods as it may deem fit which shall be recorded through reasoned order.

8.2- Under these regulations Commission can do the following :

(a)The Commission may at its sole discretion fix suitable norms / limits for any or all the items of expenses.

(b)The Commission may, at any time, at its sole discretion, vary, alter, modify, add or amend any provision of these regulations.

8.3- If any difficulty arises in giving effect to any of the provisions of these regulations, the Commission may, on reasons to be recorded in writing, direct any person including a licensee either by a general or a special order, to take suitable action(s) not inconsistent with the provisions of the Act, as may appear to be necessary for removing the difficulty.

8.4- Nothing in these regulations shall be deemed to limit or otherwise affect the inherent power of the Commission to make such orders as may be necessary for meeting the ends of justice or to prevent the abuse of the process of the Commission.Notwithstanding anything contrary contained anywhere in these regulations or any other regulations of the Commission, the Commission may deviate from these regulations with reasoned order in order to meet the ends of justice or to prevent the abuse of the process of the Commission.

8.5Permissible deviation in monthly energy bill recovery and corresponding payment. -

8.5.1- The net amount payable for an energy bill after considering taxes, cess, duties, etc. and adjustment of rebate/surcharges, if any, is to be rounded off to the lower value of nearest rupee or any higher multiple up to ten rupees and the differential amount is to be carried forward for adjustment against next bill on the same principle stated above. However, in case of discontinuance of power purchase agreement or discontinuance as a consumer, the licensee may bill for fractional amount for its dues payable finally.

8.5.2- The licensee shall clearly indicate in the consumer's bill following component of tariff and duty.

(a)the amount payable in terms of tariff determined by the Commission;

(b)the amount of state government subsidy, if any,

(c)fuel and power purchase cost adjustment, if any;

(d)Adhoc Power Purchase Cost and/or Adhoc Fuel Cost and/or Adhoc Generation Cost and/or Adhoc Variable Cost, if any;

(e)APR Tariff Adjustment, if any;

(f)Electricity Duty; and

(g)the net amount payable.

8.5.3- Notwithstanding anything contained in other regulations of the Commission if any consumer paid excess amount than the billed amount as per regulation 8,5.1 of these regulations through any automated mechanized collection system or cheque or draft or pay order then the excess amount will be accepted by the licensee considering that the consumer has consented to such payment, in such case the excess amount will be adjusted against the bill(s) raised during subsequent billing cycle(s).

8.6Period of Operating Norms and Criteria for Incentive. -

8.6.1- All the operating norms and criteria for the purpose of incentives and the basis of measurement of such related performance and all the mode of operationalization of incentives mentioned in these regulations or specified subsequently shall continue to be operative for third control period.

8.6.2- Any generating company or licensee, which achieves any of the operating norms or criteria for incentive in any year of the third control period mentioned in regulation 6.6.1, will get incentives for improved performance for that year only.

8.7Treatment of time barred non-refunded amount on account of excess taxes / duties 1 interest, etc. - Had there been any fund created due to accumulation of time barred non-refunded amount on account of excess taxes / duties / interest, etc, at the end of the financial year, the said amount is to be entirely transferred to power purchaser fund.

8.8Transparency: Wherever the Commission has issued any order in accordance with these Regulations, it shall be deemed to have acted transparently and in a manner envisaged under Section 86(3) of the Act.Provided that the Commission shall maintain all the relevant records related to such order for a period of at least twelve years from the date of issue of the order and which can be accessed by public on demand in accordance with the procedure stipulated by the Commission for such purpose.

8.9Repeal : The West Bengal Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2007 issued under Notification No. 31/WBERC dated 9th February, 2007 published in the Kolkata Gazette. Extraordinary on February 9, 2007, with all amendments are hereby repealed. Notwithstanding such repeal, anything done or any action already taken under the repealed regulations, shall in so far as it is not inconsistent with these regulations, be deemed to have been done or taken under the corresponding provisions of these regulations.

8.10Power to remove difficulties :- If any difficulty arises in giving effect to any order based on these regulations, then the Commission, by subsequent supplementary order, may remove the difficulties keeping consistency with the provisions of the Act and these regulations.

8.11Power to Relax :- In case of creation of any successor company(ies) through transfer scheme in pursuance to section 131 of the Act, the Commission may relax the provisions of any of these regulations as and when required for the concerned control period or its related base year in which such company(ies) is / are created.

8.12Power to change Schedule :- The Commission may from time to time replace the schedule of these regulations through notifications and the replaced schedule shall be treated as a part of these regulations after repealing the schedule, which has been replaced

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State of West Bengal - Section

Section 2012 in The West Bengal Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2011

2012.