Section 3 in The Maharashtra Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2005
3. Scope of regulation and extent of application.
- 3.1 The Commission shall determine tariff, including terms and conditions therefore, for all matters for which the Commission has the power under the Act, including in the following cases:-(i)Supply of electricity by a Generating Company to a Distribution Licensee:Provided that where the Commission believes that a shortage of supply of electricity exists, it may fix the minimum and maximum ceiling of tariff for sale or purchase of electricity in case of an agreement entered into between a Generating Company and a Licensee or between Licensees, for a period not exceeding one year;(ii)Intra-State transmission of electricity;(iii)Rates and charges for use of intervening transmission facilities, where these cannot be mutually agreed upon by the Licensees;(iv)Wheeling of electricity;(v)Retail sale of electricity:Provided that in case of distribution of electricity in the same area by two or more Distribution Licensees, the Commission may, for promoting competition among Distribution Licensees, fix only maximum ceiling of tariff for retail sale of electricity:Provided further that where the Commission has allowed open access to certain consumers under Section 42, such consumers, notwithstanding the provisions of clause (d) of sub-section (1) of Section 62, may enter into an agreement with any person for supply or purchase of electricity on such terms and conditions (including tariff) as may be agreed upon by them;(vi)Surcharge in addition to the charges for wheeling under the first proviso to sub-section (2) of Section 42 of the Act, in accordance with the Distribution Open Access Regulations;(vii)Additional surcharge on the charges for wheeling under sub-section (4) of Section 42 of the Act, in accordance with the Distribution Open Access Regulations.3.2Where the Commission has permitted open access to any consumer or category of consumers under Section 42 of the Act, the Commission shall determine only the wheeling charges, in accordance with Part G of these Regulations, and surcharge, in accordance with the Distribution Open Access Regulations, for such consumer or category of consumers who have availed of Distribution Open Access.3.3Notwithstanding anything contained in Part X of the Act, the tariff for any inter-State supply, transmission or wheeling of electricity, as the case may be, involving the territories of the two States may, upon application made to it by the parties intending to undertake such supply, transmission or wheeling, be determined by the Commission in cases where the Licensee intending to distribute electricity and make payment therefor is under the Commission's jurisdiction:Provided that the Commission shall determine such tariff having regard to the terms and conditions contained in Part F, Part G and Part H of these Regulations for applications under this Regulation for determination of tariff for transmission, wheeling and supply of electricity respectively:Provided further that the Commission, while determining tariff upon an application made to it under this Regulation, shall also have regard to the terms and conditions of tariff as may be specified by the State Commission of such other State and/or the terms and conditions of tariff as may be specified by the Central Commission where any of the parties to such transaction come under the jurisdiction of such State Commission or of the Central Commission.3.4Notwithstanding anything contained in these Regulations, the Commission shall adopt the tariff if such tariff has been determined through a transparent process of bidding in accordance with the guidelines issued by the Central Government.
