Section 10 in Central Electricity Regulatory Commission (Fees and Charges of Regional Load Despatch Centre and other related matters) Regulations, 2019
10. Application for determination of fees and charges.
(1)The RLDCs and NLDC shall make application in the formats annexed as Appendix-I to these Regulations within 180 days from the date of notification of these Regulations, for determination of fees and charges for the control period, based on the capital expenditure incurred and duly certified by the auditor as on 1.4.2019 and projected to be incurred during the control period based on CAPEX, OPEX, REPEX and other expenditures viz. Human Resource expense, Operation & Maintenance, Interest on working capital etc.(2)The application shall contain particulars such as source of funds, equipment proposed to be replaced, details of assets written off, and details of assets to be capitalized etc.(3)Before making the application, the concerned RLDC or NLDC, as the case may be, shall serve a copy of the application on the users and submit proof of service along with the application. The concerned RLDC or NLDC shall also keep the complete application posted on its website till the disposal of its petition.(4)The concerned RLDC or NLDC, as the case may be, shall within 7 days after making the application, publish a notice of the application in at least two daily newspapers, one in English language and one in another Indian language, having circulation in each of the States or Union Territories where the users are situated, in the same language as of the daily newspaper in which the notice of the application is published, in the formats given in Appendix-II to these regulations. The RLDC or NLDC as the case may be will recover such expenditure on publication of notice of the application from the Users, as one-time expenditure.(5)The concerned RLDC or NLDC, as the case may be, shall be allowed the fees and charges by the Commission based on the audited capital expenditure incurred as on 1.4.2019 and projected to be incurred during control period as per Management Certificate for CAPEX and REPEX.:Provided that the application shall contain details of underlying assumptions and justification for the capital expenditure incurred and the expenditure proposed to be incurred in accordance with the CAPEX and REPEX.(6)If the application is inadequate in any respect as required under Appendix-I of these regulations, the application shall be returned back to the concerned RLDC or NLDC for resubmission after rectifying the deficiencies as may be pointed out by the Commission.(7)The Commission shall consider the suggestions and objections, if any, received from the respondents and any other person including the consumers or consumer associations. The Commission shall issue order determining the fees and charges after hearing the petitioner, the respondents and any other person permitted by the Commission.(8)During pendency of the application, the applicant shall continue to bill the users on the basis of fees and charges approved by the Commission during previous control period and applicable as on 31.3.2019, for the period starting from 1.4.2019 till approval of the Fees and Charges by the Commission, in accordance with these Regulations. This shall be subject to true up as approved by the Commission for the Control Period 2019-2024.(9)After expiry of the control period, the applicant shall continue to bill the users provisionally on the basis of fees and charges approved by the Commission and applicable as on 31.3.2024 for the period starting from 1.4.2024 till approval of fees and charges under the applicable regulations.
