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State of Maharashtra - Section

Section 8 in The Maharashtra Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2005

8. Determination of tariff for transmission, wheeling and retail sale of electricity.

- 8.1 The Commission shall determine the tariff for transmission, wheeling and retail sale of electricity based on an application made by the Licensee in accordance with the procedure contained in this Regulation 8.
8.2The Commission shall determine the tariff for-
(a)transmission of electricity, in accordance with the terms and conditions contained in Part F of these Regulations;
(b)wheeling of electricity, in accordance with the terms and conditions contained in Part G of these Regulations; and
(c)retail sale of electricity, in accordance with the terms and conditions contained in Part H of these Regulations.
8.3The applicant shall provide, as part of his application to the Commission, in such form as may be stipulated by the Commission from time to time, full details of his calculation of the aggregate revenue requirement and expected revenue from tariff and charges pursuant to the terms of his licence, and thereafter he shall furnish such further information or particulars or documents as the Commission or the Secretary or any Officer designated for the purpose by the Commission may reasonably require to assess such calculation:Provided that the application shall be accompanied where relevant, by a detailed tariff revision proposal showing how such revision would meet the gap, if any, in aggregate revenue requirement.Provided further that the Commission may specify additional/ alternative formats for details to be submitted by the applicant, from time to time, as it may reasonably require for assessing the aggregate revenue requirement and for determining the tariff, as the case may be.
8.4Upon receipt of a complete application accompanied by all requisite information, particulars and documents in compliance with all the requirements specified in these Regulations, the application shall be deemed to be received and the Commission or the Secretary or the designated Officer shall intimate to the applicant that the application is ready for publication.
8.5The applicant shall, within three (3) days of an intimation provided to him in accordance with Regulation 8.4, publish a notice, in at least two (2) English and two (2) Marathi language daily newspapers widely circulated in the area to which the application pertains, outlining the proposed tariff, and such other matters as may be stipulated by the Commission, and inviting objections from the public:Provided that the applicant shall make available a hard copy of the complete application, to any interested party, at such locations and at such rates as may be stipulated by the Commission:Provided further that the applicant shall also put up on his internet website, in downloadable spreadsheet format showing detailed computations, the application made to the Commission along with all regulatory filings, information, particulars and documents submitted to the Commission along with the application:Provided further that web-link to the information mentioned in the second proviso to Regulation 8.5 above shall be easily accessible, archived for downloading and shall be prominently displayed on his internet website:Provided however, that the applicant may not provide or put up any such information, particulars or documents which are confidential in nature, with the previous approval of the Commission.Explanation - for the purpose of this Regulation, the term "downloadable spreadsheet format" shall mean one (or multiple, linked) spreadsheet software files containing all assumptions, formulae, calculations, software macros and outputs forming the basis of the application.
8.6The applicant shall furnish to the Commission all such books and records (or certified true copies thereof), including the Accounting Statements, operational and cost data, as may be required by the Commission for determination of tariff.
8.7The Commission may, if it deems necessary, make or cause to be made available to any person, at any time, such information as has been provided by the applicant to the Commission including abstracts of such books and records (or certified true copies thereof) on such terms and conditions as may be specified in the Conduct of Business Regulations:Provided that the Commission may, by order, direct that any information, documents and papers/materials maintained by the Commission, shall be confidential or privileged and shall not be available for inspection or supply of certified copies, and the Commission may also direct that such document, papers, or materials shall not be used in any manner except as specifically authorised by the Commission.
8.8The procedural aspects pertaining to applications contained in this Regulation 8 shall apply, only to such extent as may be required by the Commission having regard to the circumstances of an individual case, to -
(a)an application made by a Licensee under the proviso to sub-section (1) of Section 36 of the Act;
(b)an application made by a Distribution Licensee under sub-section (5) of Section 64 of the Act.