Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Rajasthan - Section

Section 2 in Rajasthan Electricity Regulatory Commission (Terms and Conditions for Determination of Tariff) Regulations, 2009

2. Definitions.

- In these Regulations, unless the context otherwise requires:
(1)"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;
(ii)Profit and loss account, complying with the requirements contained in Part II of Schedule VI to the Companies Act, 1956;
(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 auditors;
(v)Cost records prescribed by the Central Government under Section 209(1) (d) of the Companies Act, 1956;
together with notes thereto, and such other supporting statements and information as the Commission may direct from time to time;Provided that in case of any local authority engaged in the business of distribution of electricity, the Accounting Statement shall mean the items, as mentioned above, prepared and maintained in accordance with the relevant Acts or Statutes as applicable to such local authority.
(2)"Act" means the Electricity Act, 2003 (36 of 2003), including amendments thereto,
(3)"Allocation Statement" means for each financial year, a statement in respect of each of the separate businesses of the Licensee/Generating Company, showing the amounts of any revenue, cost, asset, liability, reserve or provision, which has been either;
(i)Charged from or to each such separate business together with a description of the basis of that charge; or
(ii)Determined by apportionment or allocation between the Licensed/Regulated Business and every other separate business of the Licensee/Generation Company, together with a description of the basis of the apportionment or allocation;
Provided that such allocation statement in respect of a generating station shall be maintained in a manner so as to enable tariff determination, stage-wise, unit-wise or for the whole generating station.
(4)"Aggregate Revenue Requirement" means the requirement of the Licensee or Generating Company for recovery, through tariffs, of allowable expenses and return on equity capital pertaining to his Licensed/Regulated Business, in accordance with these Regulations;
(5)"Applicant" means a Licensee or Generating Company who has made an application/Petition for determination of Aggregate Revenue Requirement and/or tariff or an application for annual performance review in accordance with the Act and these Regulations and includes a Licensee or 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;
(6)"Auxiliary Energy Consumption" in relation to a period, means the quantum of energy consumed by auxiliary equipment 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 the generator terminals of all the units of the generating station;
(7)"Availability" in relation to a generating station for any period means the average of the daily average declared capacities for all the days during that period expressed as a percentage of the installed capacity of the generating station minus normative auxiliary consumption in MW, as specified in these Regulations, and shall be computed in accordance with the following formula:NAvailability = 10000 x Σ DCi / {N x IC x (100 - AUXn)} %i=1 to Nwhere, N = number of days during the given periodDCi = Average Declared Capacity for the ith day in such periodIC = Installed Capacity of the generating station in MWAUXn = Normative Auxiliary Consumption in MW, expressed as a percentage of gross generation
(8)"Availability" in relation to a transmission system for a given period means the time in hours during that period in which the transmission system is capable of transmitting electricity at its rated voltage to the delivery point and shall be expressed in percentage of total hours in the given period;
(9)"Bank rate" means the bank rate of Reserve Bank of India as on April 1, of the relevant year,
(10)"Beneficiary" in relation to a generating company means a person sharing the capacity charges under these Regulations,
(11)"CERC" means the Central Electricity Regulatory Commission;
(12)"Commission" shall mean the Rajasthan Electricity Regulatory Commission,
(13)"Contracted Power" means the power in MW which the Applicant has agreed to transmit/wheel/supply, between importing entity and exporting entity as per agreement.
(14)"Control Period" means a period comprising one or more financial years, as may be stipulated by the Commission, for submission of forecast;
(15)"Conventional Power Plants" means lignite, coal or gas based thermal, or hydro generating stations of 25 MW and above.
(16)"Cut-off Date" means the date of the first financial year closing after three hundred and sixty-five (365) days of the date of commissioning of a generating station;
(17)"Daily Capacity Index" means the declared capacity expressed as a percentage of the maximum available capacity for the day and shall be calculated in accordance with the following formula:Daily Capacity Index = Declared Capacity (MW) x 100 / Maximum Available Capacity (MW)Daily Capacity Index shall be limited to 100%.and the term "Capacity Index" for any period shall be the average of the daily capacity indices calculated as above, for such period;
(18)"Date of Commercial operation" (COD): -
(i)in case of a generating company, means the date declared by the generator: -
(a)in relation to a unit, after demonstrating the Maximum Continuous Rating (MCR) or Installed Capacity (IC) through a successful trial run for 72 Hrs after notice to the distribution licensees and
(b)in relation to the generating station the date of commercial operation of the last unit of the generating station;
(ii)in case of a transmission licensee means the date of charging the transmission line or substation of transmission licensee to its rated voltage level or seven days after the date on which it is declared ready for charging by the transmission licensee, but not able to charge for reasons not attributable to it,
(iii)in case of a distribution licensee, means the date of charging the electric line or substation of a distribution licensee to its rated voltage level or seven days after the date on which it is declared ready for charging by the distribution licensee, but not able to charge for reasons not attributable to its suppliers or contractors:
Provided that the date of commercial operation shall not be a date prior to the scheduled date of commercial operation mentioned in power purchase agreement or the implementation agreement or the transmission service agreement or wheeling agreement or the investment approval, as the case may be, unless mutually agreed to by all parties.
(19)"Declared Capacity" means -
(i)for a thermal generating station, the capability of the generating station to deliver ex-bus electricity in MW declared by such generating station in relation to any period of the day or whole of the day, duly taking into account the availability of fuel:
Provided that in case of a gas turbine generating station or a combined cycle generating station, the generating station shall declare the capacity for Units and Modules on gas fuel and liquid fuel separately, and these shall be scheduled separately. Total declared capacity and total scheduled generation for the generating station shall be the sum of the declared capacity and scheduled generation for gas fuel and liquid fuel for the purpose of computation of Availability and Plant Load Factor, respectively;
(ii)for run-of-river hydro power generating stations with pondage and storage-type power stations, the ex-bus capacity in MW expected to be available from the generating station over the peaking hours of the next day, as declared by the generating station, taking into account the availability of water, optimum use of water and availability of machines and for this purpose, the peaking hours shall not be less than three (3) hours within a twenty-four (24) hour period;
(iii)for run-of-river hydro power generating stations without pondage, the ex-bus capacity in MW expected to be available from the generating station during the next day, as declared by the generating station, taking into account the availability of water, optimum use of water and availability of machines;
(20)"Deemed Generation" means the energy which a hydro power generating station was capable of generating but could not generate due to reasons beyond the control of the generating station or on account of non-availability of Transmission Licensee's transmission lines or on receipt of backing down instructions from the State Load Dispatch Centre resulting in spillage of water;
(21)"Design Energy" in relation to a hydro power generating station means the quantum of energy which could be generated in a 90 per cent dependable year with 95 per cent installed capacity of the generating station;
(22)"Distribution Business" means the business of operating and maintaining a distribution system for supplying electricity in the area of the supply of the Distribution Licensee;
(23)"Distribution Loss" means the energy losses in the distribution system of a distribution licensee including auxiliary power consumption in the sub-station for the purpose of air-conditioning, lighting, battery charging, accessories of sub-station equipments, etc., and shall be accounted for separately;
(24)"Existing Generating Station" means a generating station which has achieved COD prior to the date of notification of these Regulations;
(25)"Expected Revenue from Tariff and Charges" means the revenue estimated to accrue to the Licensee/Generating Company from the Licensed/Regulated Business at the prevailing tariffs;
(26)"Force Majeure Event" means, with respect to any party, any event or circumstance which is not within the reasonable control of, or due to an act or omission of, that party and which, by the exercise of reasonable care and diligence, that party is not able to prevent, including, without limiting the generality of the foregoing:
(i)acts of God, including but not limited to lightning, storm, action of the elements, earthquakes, flood, drought and natural disaster;
(ii)strikes, lockouts, go-slow, bandh or other industrial disturbances;
(iii)acts of public enemy, wars (declared or undeclared), blockades, insurrections, riots, revolution, sabotage, vandalism and civil disturbance;
(iv)unavoidable accident, including but not limited to fire, explosion, radioactive contamination and toxic dangerous chemical contamination;
(v)any shutdown or interruption of the grid, which is required or directed by the State or Central Government or by the Commission or the State Load Despatch Centre; and any shut down or interruption, which is required to avoid serious and immediate risks of a significant plant or equipment failure;
(27)"Financial Year" means a period commencing on 1st April of a calendar year and ending on 31st March of the subsequent calendar year;
(28)"Generation Business" means the business of production of electricity from a generating station for the purpose of giving supply to any beneficiary or enabling a supply to be so given;
(29)"Generation Tariff" means tariff for ex- bus supply of electricity from a generating station,
(30)"Gross Calorific Value" in relation to a thermal generating station means the heat produced in kilocalories by complete combustion of one kilogram of solid fuel or one litre of liquid fuel or one standard cubic meter of gaseous fuel, as the case may be;
(31)"Gross Station Heat Rate" means the heat energy input in kilocalories required to generate one kWh of electrical energy at generator terminals;
(32)"Infirm Power" means electricity generated prior to commercial operation of the Unit of a generating station;
(33)"Installed Capacity" means the summation of the name plate capacities of all the Units of the generating station or the capacity of the generating station (reckoned at the generator terminals) as approved by the Commission from time to time;
(34)"Interconnection Point" means a point at EHV substation of transmission licensee or HV sub-station of distribution licensee, as the case may be, where the electricity produced from the generating station is injected into the Rajasthan Grid or the point of interconnection between the transmission network and distribution network.
(35)"Licensee" includes a person deemed to be a licensee under Section 14 of the Act,
(36)"Maximum Available Capacity" for hydro stations means the following: -
(a)Run-of-river power station with pondage and storage type power stations:
The maximum capacity in MW, the generating station can generate with all units running, under the prevailing conditions of water levels and flows, over the peaking hours of next day, Provided that the peaking hours for this purpose shall not be less than 3 hours within a 24 hours period.
(b)run-of-river power stations without pondage:
The maximum capacity in MW, the generating station can generate with all units running, under the prevailing conditions of water levels and flows over the next day.
(37)"Maximum Continuous Rating" (MCR) in relation to a unit of the generating station means the maximum continuous output at the generator terminals, guaranteed by the manufacturer at rated parameters.
(38)"New Generating Station" means a generating station with a COD on or after the date of notification of these Regulations;
(39)"Nodal agency" means Rajasthan Renewable Energy Corporation Limited (RREC) or any other agency designated by Government of Rajasthan for promotion of electricity generation from renewable energy sources.
(40)"Non-firm power" means the power generated from renewable sources, the hourly variation of which is dependent upon nature's phenomenon like sun, cloud, wind, etc. that cannot be correctly predicted.
(41)"Non-Tariff Income" means income other than from income from tariff, excluding any income from Other Business and, in case of the Retail Supply Business of a Distribution Licensee, excluding income from wheeling and receipts on account of cross-subsidy surcharge and additional surcharge on charges of wheeling;
(42)"Other Business" means any business engaged in by a Transmission Licensee under Section 41 of the Act or by a Distribution Licensee under Section 51 of the Act for optimum utilization of the assets of such Transmission Licensee or of such Distribution Licensee;
(43)"Plant Load Factor", for a given period, means the total sent-out energy corresponding to scheduled generation during such period, expressed as a percentage of sent out energy corresponding to installed capacity in that period and shall be computed in accordance with the following formula:NPlant Load Factor (%) = 10000 x I Σ AGi / {N x IC x (100 - AUXn)}%i=1where - N = number of time blocks in the given periodAGi = Actual Generation in MW for the ith time block in such periodIC = Installed Capacity of the generating station in MWAUXn = Normative Auxiliary Consumption in MW, expressed as a percentage of gross generation
(44)"Primary Energy" means the quantum of energy generated annually from hydel station up to the design energy ;
(45)"Rated Voltage" means the design voltage at which the transmission or distribution system is designed to operate or such lower voltage at which the line is charged, for the time being, in consultation with long-term transmission customers or Users;
(46)"Renewable Energy/Power" means the grid quality energy/power generated from renewable energy sources.
(47)"Renewable Energy Power Plants" means the power plants other than the conventional power plants generating grid quality electricity from renewable energy sources.
(48)"Renewable Energy Sources" means and includes non-conventional renewable generating sources such as mini hydel, wind, solar including its integration with combined cycle, biomass, bio fuel cogeneration, urban/municipal waste and other such sources as approved by the Ministry of Non-conventional Energy Sources, Government of India, excluding the nuclear power stations and hydel power stations of capacity above 25 MW.
(49)"Retail Supply Business" means the business of sale of electricity by a Distribution Licensee to his consumers in accordance with the terms of his licence;
(50)"Run-of-river power station" means a hydro power generating station with or without upstream pondage;
(51)"Retail Supply Tariff" is the rate charged by the Distribution Licensee for supply to Non-open access Customers which includes charges for Wheeling and Retail Supply;
(52)"Saleable Primary Energy" means the quantum of primary energy available for sale (ex-bus)
(53)"Saleable Secondary Energy" means the quantum of secondary energy available for sale (ex-bus)
(54)"Scheduled Generation" or 'SG' at any time or for any period or time block means schedule of generation in MW ex-bus given by the State Load Despatch Centre;Note. - For the gas turbine generating station or a combined cycle generating station if the average frequency for any time block, is below 49.52 Hz but not below 49.02 Hz and the scheduled generation is more than 98.5% of the declared capacity, the scheduled generation shall be deemed to have been reduced to 98.5% of the declared capacity, and if the average frequency for any time block is below 49.02 Hz and the scheduled generation is more than 96.5% of the declared capacity, the scheduled generation shall be deemed to have been reduced to 96.5% of the declared capacity.
(55)"Secondary Energy" means the quantum of energy generated annually in excess of the design energy at the hydel generating station;
(56)"State Load Dispatch Centre" or 'SLDC' means the centre established by the State Government for purposes of exercising the powers and discharging the functions under Section 31 of the Act;
(57)"State Power Committee" (SPC) means the State Power Committee set up under grid code specified by the Commission.
(58)"Storage type power station" means a hydro power generating station associated with large storage capacity to enable variation in generation of electricity according to demand;
(59)"Tariff" means the schedule of charges for generation, transmission, wheeling and supply of electricity together with terms and conditions for application thereof,
(60)"Tariff period" means the period for which tariff or the annual revenue requirement is determined by the Commission under these Regulations,
(61)"Time Block" means a block of 15 minutes starting from 00.00 hrs, unless the context requires otherwise:
(62)"Total consumption" means contracted purchase of electricity by a distribution licensee from all sources, i.e., generating companies and licensees for sale to consumers.
(63)"Trading Business" means the business of purchase of electricity by the Distribution Licensee for resale of electricity to other Licensee or consumers or category of consumers outside the area of supply of the Distribution Licensee;
(64)"Transaction of Business Regulations" means the Rajasthan Electricity Regulatory Commission (Transaction of Business) Regulations, 2005;
(65)"Transmission Business" means the business of establishing or operating transmission lines;
(66)"Transmission Loss" means the energy losses in the transmission system of a transmission licensee including auxiliary power consumption in the sub-station for the purpose of air-conditioning, lighting, battery charging, accessories of sub-station equipments, etc., and shall be accounted for separately;
(67)"Transmission Service Agreement" means the agreement, contract, memorandum of understanding, or any such covenants, entered into between the transmission licensee and the user of the transmission service/lines;
(68)"Transmit" means conveyance of electricity by means of transmission lines and the expression "transmission" shall be construed accordingly;
(69)"Unit" in relation to a generating station means electric generator, its prime mover, and auxiliaries and in relation to a combined cycle thermal generating station includes combustion turbine - generators, associated waste heat recovery boilers, connected steam turbine - generator and auxiliaries;
(70)"Unscheduled interchange" (UI) means unscheduled interchanges as defined in Indian Electricity Grid Code,
(71)"Useful Life" in relation to a unit of a generating station, transmission system and distribution system from the COD shall mean the following, namely:-
(a)Coal/Lignite based thermal generating station: 25 years
(b)Gas/Liquid fuel based thermal generating station: 25 years
(c)AC and DC Sub-station: 25 years
(d)Hydro generating station: 35 years
(e)Transmission line and Transmission System: 35 years
(f)Distribution lines and Distribution system: 35 years
(g)Wind energy / solar & other RE power project: 25 years
(h)Biomass power project: 20 years
(72)"User" means a transmission or distribution licensee, a generating company, a person who has set up a captive generating plant or a consumer availing open access, utilizing the transmission system of a transmission licensee or distribution system of a distribution licensee.
(73)"Wheeling" means the operation whereby the distribution system and associated facilities of a transmission licensee or distribution licensee, as the case may be, are used by another person for the conveyance of electricity on payment of charges to be determined under Section 62 of the Act;
(74)"Wheeling Business" means the business of wheeling of electricity by way of operating and maintaining a distribution system for conveyance of electricity in the area of supply of the Distribution Licensee.
(75)"Year" means financial year ending on 31st March, and
(i)"Current Year" shall mean the year in which the statement of annual accounts or petition for determination of tariff is filed,
(ii)"Previous Year" shall mean the year immediately preceding the current year,
(iii)"Ensuing Year" shall mean the year next following the current year,
Words or expressions occurring in these Regulations and not defined shall bear the same meaning as in the Act. Abbreviations used in the Regulations shall have meaning as Annex-1.