Section 3 in Jammu and Kashmir State Electricity Regulatory Commission (Terms and Conditions for Determination of Multi Year Generation Tariff) Regulations, 2016
3. Definitions.
(1)"Act" means the Jammu and Kashmir Electricity Act, 2010 (Act No. XIII of 2010), including amendments thereto.(2)"Accounting Statement" means for each financial year the following statements, namely :-(i)Balance sheet, prepared in accordance with the form contained in Part I of Schedule VI to the Companies Act, 1956/Schedule III to the Companies Act, 2013 and as amended from time to time ; together with notes thereto, and such other supporting statements and information as the Commission may direct from time to time ;(ii)Profit and loss account, complying with the requirements contained in Part II of Schedule VI to the Companies Act, 1956/Schedule III to the Companies Act, 2013 and as amended from time to time ;(iii)Cash flow statement, prepared in accordance with the Accounting Standard on Cash Flow Statement (AS-3) of the Institute of Chartered Accountants of India ;(iv)Report of the statutory auditor(s) of the Generating Company ;(v)Directors report and accounting policies ; and(vi)Cost records, if any, prescribed by the Central Government under Section 209(1) (d) of the Companies Act, 1956/ Schedule III to the Companies Act, 2013 and as amended from time to time.(3)"Additional Capitalization" means the capital expenditure actually incurred or projected to be incurred, after the date of commercial operation of the Project and admitted by the Commission after prudence check, subject to provisions of Regulation10.9.(4)"Authority" means Central Electricity Authority as referred to in section 70 of the Electricity Act, 2003 (Central Act 36 of 2003).(5)"Aggregate Revenue Requirement or ARR" means for each financial year, the costs pertaining to the generating company which are permitted, in accordance with these Regulations, to be recovered from the tariffs and charges determined by the Commission.(6)"Applicant" means a generating company who has made an application for determination of tariff or an application for annual performance review/True-up in accordance with the Act and these Regulations and includes a Generating Company whose tariff is the subject of a review by the Commission either suo motu or on a Petition filed by any interested or affected person or as part of an Annual Performance Review/ True-up.(7)"Auxiliary Energy Consumption" in relation to a period means the quantum of energy consumed by auxiliary equipment of the generating station, such as the equipment being used for the purpose of operating plant and machinery including switchyard of the generating station and transformer losses within the generating station, and shall be expressed as a percentage of the sum of gross energy generated at generator terminals of all the units of the generating station :Provided that auxiliary energy consumption shall not include energy consumed for supply of power to housing colony and other facilities at the generating station and the power consumed for construction works at the generating station.(8)"Auditor" means an auditor appointed by the generating company, in accordance with the provisions of Chapter X of the Companies Act, 2013 (18 of 2013) or any other law for the time being in force.(9)"Base Year" means the Financial Year immediately preceding the first year of the Control Period, and used for the purposes of these Regulations i. e. FY 2017-18.(10)"Beneficiary" in relation to a generating station means any entity buying power generated at such a generating station, whose tariff is determined under these Regulations.(11)"Block" in relation to a combined cycle thermal generating station includes combustion turbine-generator, associated waste heat recovery boiler, connected steam turbine-generator and auxiliaries.(12)"Capital cost" means the capital cost as defined in Regulation 10.7.(13)"CERC" or "Central Commission" means the Central Electricity Regulatory Commission.(14)"Change in Law" means occurrence of any of the following events :-(i)the enactment, bringing into effect, adoption, promulgation, amendment, modification or repeal of any law ; or(ii)change in interpretation of any law by a competent court, Tribunal or Indian Governmental Instrumentality which is the final authority under law for such interpretation ; or(iii)change by any competent statutory authority, in any consent, approval or licence available or obtained for the project ;(iv)coming into force or change in any bilateral or multilateral agreement/treaty between the Government of India and any other Sovereign Government having implication for the generating station regulated under these Regulations.(15)"Commission" means Jammu and Kashmir State Electricity Regulatory Commission.(16)"Control Period" means a multi-year period fixed by the Commission, from 1st April, 2018 and up to 31st March, 2021 ;(17)"Cut-off Date" means 31st March of the year closing after two years of the year of commercial operation of the project, and in case the project is declared under commercial operation in the last quarter of a year, the cut-off date shall be 31st March of the year closing after three years of the year of commercial operation :Provided that the cut-off date may be extended by the Commission if it is proved on the basis of documentary evidence that the capitalization could not be made within the cut-off date for reasons beyond the control of the project developer.(18)"Date of Commercial Operation" or "COD" means,-(i)in relation to a unit or block of the thermal generating station, the date declared by the generating company after demonstrating the Maximum Continuous Rating (MCR) or the Installed Capacity (IC) through a successful trial run after notice to the beneficiaries, from 0000 hour of which scheduling process as per the Indian Electricity Grid Code (IEGC) is fully implemented, and in relation to the generation station as a whole, the date of commercial operation of the last unit or block of the generating station ;(ii)in relation to a unit of hydro generating station, the date declared by the generating company from 0000 hour of which, after notice to the beneficiaries, scheduling process in accordance with the Indian Electricity Grid Code is fully implemented and in relation to the generating station as a whole, the date declared by the generating company after demonstrating peaking capability corresponding to installed capacity of the generating station through a successful trial run, after notice to the beneficiaries.Note : - 1. In case the hydro generating station with pondage or storage is not able to demonstrate peaking capability corresponding to the installed capacity for the reasons of insufficient reservoir or pond level, the date of commercial operation of the last unit of the generating station shall be considered as the date of commercial operation of the generating station as a whole, provided that it will be mandatory for such hydro generating station to demonstrate peaking capability equivalent to installed capacity of the generating unit or the generating station as and when such reservoir/ pond level is achieved.
