Suo-motu Petition No. 210/2011. Case: In re: Assam State Electricity Board, Guwahati Vs. Central Electricity Regulatory Commission

Case NumberSuo-motu Petition No. 210/2011
JudgesDr. Pramod Deo, Chairperson, Shri S. Jayaraman, Member, Shri V.S. Verma, Member and Shri M. Deena Dayalan, Member
IssueElectricity Law
Judgement DateDecember 01, 2011
CourtCentral Electricity Regulatory Commission

Order:

1. Regulation 10 of the Central Electricity Regulatory Commission (Unscheduled interchange charges and related matters) Regulations, 2009, as amended from time to time ( hereinafter referred to as "UI Regulations") provides for the schedule of payment of unscheduled interchange charges and payment security for settlement of UI dues as under:

10. Schedule of payment of Unscheduled Interchange Charges and Payment Security

(1) The payment of UI charges shall have a high priority and the concerned constituent shall pay the indicated amounts within 10 (ten) days of the issue of statement of Unscheduled Interchange charge including Additional Unscheduled Interchange charges by the Secretariat of the respective Regional Power Committee into the "Regional Unscheduled Pool Account Fund" of the concerned region.

(2) If payments against the Unscheduled Interchange charges including Additional Unscheduled Interchange charges are delayed by the more than two days, i.e. beyond twelve (12) days from the date of issue of the statement by the Secretariat of the respective Regional Power Committee, the defaulting constituent shall have to pay simple interest @ 0.04% for each day of delay.

(3) All payments to the entities entitled to receive any amount on account of UI charges shall be made within 2 working days of receipt of the payments in the "Regional Unscheduled Interchange Pool Account Fund" of the concerned region:

Provided that in case of delay in the UI payment into the respective regional UI Pool Account and interest thereon if any, beyond 12 days from the date of issue of the Statement of UI chares then the regional entities who have to receive UI payment or interest thereon shall be paid from the balance available if any, in the regional UI Pool Account Fund of the region. In case the balance available is not sufficient to meet the payment to the constituents, then the payment from the regional UI Pool Account Fund shall be made on pro rata basis from the balance available in the Fund.

(4) All regional entities which had at any time during the previous financial year failed to make payment of Unscheduled Interchange charges including Additional Unscheduled Interchange charges within the time specified in these regulations shall be required to open a Letter of Credit (LC) equal to 110% of its average payable weekly UI liability in the previous financial year, in favour of the concerned RLDC within a fortnight from the date these...

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