Joint Electricity Regulatory Commission for Manipur and Mizoram (Multi Year Tariff) Regulations, 2014 (Draft Regulations)

No. H. 13011/25/10-JERC: In exercise of the powers conferred by sub-section (2) of section 181 read with Section 36, Section 39, Section 40, Section 41, Section 51, Section 61, Section 62, Section 63, Section 64, Section 65 and Section 86 of the Electricity Act, 2003 (36 of 2003) and all other powers enabling on that behalf, the Joint Electricity Regulatory Commission for Manipur and Mizoram (JERC M&M) hereby makes the following Regulations, namely:

CHAPTER 1: PRELIMINARY

1 Short title, extent, applicability and commencement

1.1 These Regulations may be called the Joint Electricity Regulatory Commission for Manipur and Mizoram (Multi Year Tariff) Regulations, 2014.

1.2 These Regulations shall come into force on the date of their publication in the Official Gazettes of Manipur and Mizoram respectively.

1.3 These Regulations shall extend to the whole of the States of Manipur and Mizoram.

1.4 (i) These Regulations shall be applicable for determination of tariff in all cases covered under these Regulations from April 1, 2015 and onwards;

(ii) These Regulations shall be applicable to all existing and future Generating Companies, Transmission Licensees and Distribution Licensees and their successors, if any;

(iii) These Regulations supersede the "Joint Electricity Regulatory Commission for Manipur and Mizoram (Terms and conditions for determination of Tariff) Regulations, 2010."

2 Definitions

(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 as amended from time to time;

(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:

Provided further that once the Commission notifies the Regulations for submission of Regulatory Accounts, the applications for tariff determination and truing up shall be based on the Regulatory Accounts.

(2) "Act" means the Electricity Act, 2003 (36 of 2003), as amended from time to time;

(3) "Allocation Statement" means for each financial year, a statement in respect of each of the separate businesses of the of the Generating Company or Transmission Licensee or Distribution Licensee, showing the amounts of any revenue, cost, asset, liability, reserve or provision etc, which has been either:

(i) charged from or to each such Other Business together with a description of the basis of that charge; or

(ii) determined by apportionment or allocation between different businesses of the licensee including the Licensed Businesses, together with a description of the basis of the apportionment or allocation:

Provided that for the purpose of this Regulation, the licensed business of the Distribution Licensee for an area of supply would be separated as Distribution Wires and Retail Supply business:

Provided further that such allocation statement in respect of a generating station, owned and/or maintained and/or operated by the distribution licensee, shall be maintained in a manner so as to enable tariff determination, stage- wise, Unit wise and/or for the whole generating station.

(4) "Allotted Transmission Capacity" means the power transfer in MW between the specified point(s) of injection and point(s) of drawal allowed to a long-term customer or a medium-term customer on the intra-State transmission system under the normal circumstances and the expression "allotment of transmission capacity" shall be construed accordingly:

Provided that the Allotted Transmission Capacity to a long-term transmission customer or a medium-term transmission customer shall be sum of the generating capacities allocated to the long-term transmission customer or the medium-term transmission customer from the generating stations and the contracted power, if any;

(5) "Applicant" means a Generating Company or Transmission Licensee or Distribution Licensee who has made an application for determination of Aggregate Revenue Requirement and tariff in accordance with the Act and these Regulations and includes a Generating Company or Transmission Licensee or Distribution Licensee whose tariff is the subject of a review by the Commission either on suo-motu basis or on a petition filed by any interested or affected person or as part of a Truing-up exercise;

(6) "Aggregate Revenue Requirement" means the requirement of the Transmission Licensee or Distribution Licensee for recovery, through tariffs, of allowable expenses and return on equity pertaining to its Licenced Business, in accordance with these Regulations;

(7) "Area of Supply" means the area within which a distribution licensee is authorised by his licence to supply electricity;

(8) "Authority" means Central Electricity Authority referred to in Section 70 of the Act;

(9) "Auxiliary Energy Consumption" in relation to a period, means the quantum of energy consumed by auxiliary equipment of 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:

Provided that for the purpose of these Regulations, auxiliary energy consumption for a generating station shall include transformer losses within the generating station:

Provided further that colony consumption of a generating station shall not be included as part of the auxiliary consumption for the purpose of these Regulations.

(10) "Availability" in relation to a thermal generating station for any period means the average of the daily average declared capacities as certified by the State Load Despatch Centre (SLDC) for all the days during that period expressed as a percentage of the installed capacity of the generating station minus normative auxiliary consumption as specified in these Regulations, and shall be computed in accordance with the following formula:

N

Availability = 10000 x ∑ DC i / {N x IC x (100 -- AUX n)}%

i =1

Where,

N = number of days in the given period;

DCi = Average Declared Capacity in MW for the ith day in such period;

IC = Installed Capacity of the generating station in MW;

AUX = Normative Auxiliary Consumption, expressed as a percentage of gross generation;

(11) "Availability" in relation to a transmission system for a given period means the time in hours during that period the transmission system is capable of transmitting electricity at its rated voltage expressed in percentage of total hours in the given period and shall be calculated as provided in Annexure II to these Regulations;

(12) "Bank Rate" shall mean the Bank Rate declared by the Reserve Bank of India from time to time;

(13) "Beneficiary" in relation to a generating station means the person purchasing electricity generated at such a generating station whose tariff is determined under these Regulations;

(14) "Block" in relation to a combined cycle thermal generating station includes combustion turbine-generators, associated waste heat recovery boilers, connected steam turbine-generators and auxiliaries;

(15) "Bulk Power Transmission Agreement" means an executed Agreement that contains the terms and conditions under which a Transmission System User is entitled to access an intra-State transmission system of a Transmission Licensee;

(16) "Business Plan" shall comprise of elements as specified in Regulation 7 of these Regulations;

(17) "change in law" means occurrence of any of the following events:

(i) the enactment, bringing into effect, adoption, promulgation, amendment, modification or repeal of any law; or

(ii) change in interpretation of any law by a competent Court, Tribunal or Indian Governmental Instrumentality, which is the final authority under law for such interpretation; or

(iii) change by any competent statutory authority, in any consent, approval or licence.

(18) "Commission" means the Joint Electricity Regulatory Commission for Manipur and Mizoram constituted by the Government of India vide notification dated 18.01.2005 (under section 83 of the Act);

(19) "Control Period" means the period of five years from April 1, 2015 to March 31, 2018, and for every block of five years thereafter, for submission of forecast in accordance with Chapter-2 of these Regulations;

(20) "Cut-off Date" means 31st March of the year closing after two years of the year of commercial operation of the project, and in case the project is declared under commercial operation in the last quarter of a year, the cut-off date shall be 31st March of the year closing after three years of the year of commercial operation;

(21) "Day" means the 24 hour period starting at 00:00 hour;

(22) "Date of Commercial Operation" (COD) means:

(i) in relation to a unit or block of a thermal generating station, the date declared by the generating company, after demonstrating the Maximum Continuous Rating (MCR) or the Installed Capacity (IC) through a successful trial run after notice to the beneficiaries, from 00:00 hour of which scheduling process as per the Commission's Order is fully implemented;

(ii) in relation to the generating station, the date of commercial operation means the date of commercial operation of...

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