Section 66 in Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019
66. Deviation from ceiling tariff.
(1)The tariff determined in these regulations shall be a ceiling tariff. The generating company or the transmission licensee and the beneficiaries or the long-term customer, as the case may be, may mutually agree to charge a lower tariff.(2)The generating company or the transmission licensee, may opt to charge a lower tariff for a period not exceeding the validity of these regulations on agreeing to deviation from operational parameters, reduction in operation and maintenance expenses, reduced return on equity and incentive specified in these regulations.(3)If the generating company or the transmission licensee opts to charge a lower tariff for a period not exceeding the validity of these regulations on account of lower depreciation based on the requirement of repayment in such case the unrecovered depreciation on account of reduction of depreciation by the generating company or the transmission licensee during useful life shall be allowed to be recovered after the useful life in these regulations.(4)The deviation from the ceiling tariff specified by the Commission, shall come into effect from the date agreed to by the generating company or the transmission licensee and the beneficiaries or the long-term customer, as the case may be.(5)The generating company and the beneficiaries of a generating station or the transmission licensee and the long term customer of transmission system shall be required to approach the Commission for charging lower tariff in accordance with clauses (1) to (3) above. The details of the accounts and the tariff actually charged under clauses (1) to (3) shall be submitted at the time of true up.
