fuca/ku la0 ih0 Vh0&40 21TH MAGHA 1927(S) (NO. PATNA 95) PATNA, FRIDAY, 10TH FEBRUARY, 2006 BIHAR ELECTRICITY REGULATORY COMMISSION, PATNA FEES, FINES AND CHARGES REGULATIONS, 2005 NOTIFICATION The 2nd February, 2006 No.BERC/04/2005–In exercise of powers conferred on it by Section 181 read with clause (g) of sub-section (1) of Section 86 of the Electricity Act 2003 (Act 36 of 2003) and all powers enabling it in that behalf, the Bihar Electricity Regulatory Commission hereby makes the following regulations :-
CHAPTER -I GENERAL
1. Short title, extent and commencement
(1) These regulations may be called the Bihar Electricity Regulatory Commission (Fees, Fines and Charges) Regulations, 2005.
(2) These Regulations extend to the whole of the State of Bihar.
(3) These Regulations shall come into force on the date of their publication in the Official Gazette.
2. Definitions and Interpretations
(1) In these Regulations, unless the context otherwise requires:
(a) “Act” means the Electricity Act, 2003.
(b) “Commission” means the Bihar Electricity Regulatory Commission.
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(c) “Fees” mean fees mentioned in the schedule.
(d) “Fines and/or Charges” refers to fines and/or charges that the Commission is empowered to impose under the Act.
(e) “Fund” shall mean the State Regulatory Commission Fund constituted under section 103 of the Act.
(f) “Licensees” mean licensees under the Act.
(g) “Proceedings” mean and include proceedings of all nature that the Commission may hold in the discharge of its functions under the Act.
(h) “Regulations” mean the Bihar Electricity Regulatory Commission (Fees, Fines and Charges) Regulations, 2005.
(i) “Schedule” refers to the schedule appended to these Regulations.
(j) “Secretary” means Secretary of the Bihar Electricity Regulatory Commission.
(k) “State Govt.” means the Government of Bihar.
(2) Words and expressions used and not defined in the Regulations but defined in the Act shall have the meanings assigned to them in the Act.
Expressions used herein but not specifically defined in the Regulations or in the Act but defined under any law passed by a competent legislature and applicable to the electricity industry in the state shall have the meaning assigned to them in such law. Subject to the above, expressions used herein but not specifically defined in these Regulations or in the Act or any law passed by a competent legislature shall have the meaning as is generally assigned in the electricity industry.
(3) In the interpretation of these Regulations, unless the context otherwise requires:
(a) words in the singular or plural term, as the case may be, shall also be deemed to include the plural or the singular term, respectively;
(b) references herein to the “Regulations" shall be construed as a reference to these Regulations as amended or modified by the Commission from time to time in accordance with the applicable laws in force.
(c) the headings are inserted for convenience and may not be taken into account for the purpose of interpretation of these Regulations.
(d) reference to the statutes, regulations or guidelines shall be construed as including all provisions consolidating, amending or replacing such statutes, regulations or guidelines, as the case may be, referred to.
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CHAPTER - II FEES
3. Fees on Application and Petitions
(1) Every petition, application or appeal made to the Commission shall be made by payment of the appropriate fees specified in the Schedule to these regulations.
(2) The fees payable to the Commission as prescribed under these regulations shall be paid by means of bank draft or pay order, drawn in favour of Bihar Electricity Regulatory Commission, payable at Patna. For amounts not exceeding Rs 500, Secretary may accept cash payments.
(3) The fees received by the Secretary of the Commission under these regulations shall be deposited in a bank account to be maintained by the Commission at such Bank and in such branches as Commission may direct from time to time.
(4) All fees received by the Commission under these regulations shall be credited to the Fund.
4. Licensing Fee
(1) As stipulated in sub-section (2) under Section 180 of the Act, [the fee for application for grant of various licences] for various licences shall be payable at the rates prescribed by the State Government from time to time.
[(2) Deemed Licensee shall pay the Annual Licence Fee from the financial year 2007-08 onwards as specified in the Schedule of the Regulation.]
(3) In addition to the annual fee new entrants shall be required to pay initial license fee also.
(4) All annual fees commencing from the Financial Year 2006-07 shall be paid by 15th April each year.
(5) In case of late payment of annual fee, interest will be payable on the delayed amount at the [rate of one and quarter percent (1.25%) per month].
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1. Omitted "the Licence fee" and substituted "the fee for application for grant of various licences" by the BERC (Fees, Fines and Charges) [1st Amendment] Regulations, 2007 vide Bihar Gazette No. 978 dated 1st November, 2007 (w.e.f. 01.11.2007)
2. Omitted and substituted by the BERC (Fees, Fines and Charges) [1st Amendment] Regulations, 2007 vide Bihar Gazette No. 978 dated 1st November, 2007 (w.e.f. 01.11.2007)
3. Omitted "rate of 1% per month" and substituted "rate of one and half per cent (1.5%) per month" by the BERC (Fees, Fines and Charges) [1st Amendment] Regulations, 2007 vide Bihar Gazette No. 978 dated 1st November, 2007 (w.e.f. 01.11.2007)
4. Omitted "rate of one and half per cent (1.5%) per month" and substituted "rate of one and quarter percent (1.25%) per month" by the BERC (Fees, Fines and Charges) [3rd Amendment] Regulations, 2012 vide Bihar Gazette No. 468 dated 10th September, 2012 (w.e.f. 10.09.2012) 3, 4 4
5. Fees payable to State Load Despatch Centre The fees payable to State Load Dispatch Centre by the Generating Companies and Licensees engaged in Intra State Transmission of electricity as stipulated under sub-section (3) of section 32 of the Act shall be decided separately by the Commission from time to time.
CHAPTER - III FINES AND / OR CHARGES
6. Imposition of Fines and / or Charges
(1) Subject to the provisions of the Act, the Commission may, while deciding any matter or proceeding pending before the Commission or at any other time, initiate a proceeding for imposition of Fines and/or Charges against any person including generating companies and licensees for noncompliance or violation on their part of the provisions or requirements of the Act or Rules, Regulations or Codes framed under the Act or the directions or orders of the Commission made from time to time. The fines and charges for various offences and non compliance or violations shall be governed by the respective provisions of the Act and the Bihar Electricity Regulatory Commission (Conduct of Business) Regulations, 2005.
(2) The provisions of the Bihar Electricity Regulatory Commission (Conduct of Business) Regulations, 2005 applicable to the proceedings shall apply mutatis mutandis to a proceeding for imposition of fines and / or charges.
(3) While determining the quantum or extent of the Fines and/or Charges to be imposed, the Commission shall consider, amongst other relevant things, the following:
(a) The nature and extent of non-compliance or violation.
(b) The wrongful gain or unfair advantage derived as a result of the noncompliance or violation.
(c) the loss or degree of harassment caused to any person(s) as a result of the non-compliance or violation.
(d) the repetitive nature of the non-compliance or violation
(4) Before imposing any Fines and/or Charges, the Commission shall give an opportunity to the person upon whom such Fines and/or Charges are proposed to be imposed, to represent against the proposal to impose such Fines and/or Charges and also on the quantum or extent of the Fines and/or Charges proposed to be imposed.
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(5) The Commission shall issue a notice to the person specifying the nature of non-compliance or violation on the person’s part and also all upon him to show cause within the time specified in the notice as to why Fines and/or Charges may not be imposed on him for such non-compliance or violation.
(6) Where in reply to the notice, the person admits non compliance or violation in writing, the Commission shall record it and may impose such Fines and/or Charges as it may consider fit in the circumstances of the case, subject to the provisions of the Act.
(7) If the person to whom a notice has been issued under sub clause (4) above fails to show cause or denies non compliance with or violation of any provision of the Act or rules or regulations or an order of the Commission, the Commission may enquire into the matter in such manner as it deems fit.
(8) The Commission may on being satisfied that no non-compliance or violation of any provision of Act, rules or regulations or an order of the Commission has been committed, discharge the notice.
7. Payment of Fines and Charges.
(1) The Fines and/or Charges imposed by the Commission shall be paid within 30 days of the order of the Commission imposing the Fines or Charges or within such extended date as may be allowed by the Commission in such order.
(2) The Fines and/or Charges shall be payable in the same manner as provided under sub clause (2) of clause 3 of these Regulations.
(3) All amounts received as fines and / or charges under these Regulations shall be deposited in a separate Bank Account opened and maintained by the Commission therefor and shall form part of the Fund after the State Govt. so notifies, under clause (c) of sub-section (1) of Section 103 of the Act.
(4) If the Fines and/or Charges ordered by the Commission are not paid within the prescribed time, they shall be recoverable as arrears of land revenue.
CHAPTER - IV MISCELLANEOUS
8. Power to Amend The Commission shall be entitled to add, amend or alter or vary any provisions of these Regulations by order, from time to time, as it deems fit for the purpose of meeting the objectives with which these regulations have been framed.
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9. Savings
(1) Nothing in these Regulations shall be deemed to limit or otherwise affect the power of the Commission to make such orders as may be necessary to meet the ends of justice.
(2) Nothing in these Regulations shall bar the Commission from adopting in conformity with provisions of the Act, a procedure which is at variance with any of the provisions of these Regulations, if the Commission, in view of the special circumstances of a matter or a class of matters and for reasons to be recorded in writing, deems it just or expedient for deciding such matter or class of matters.
(3) Nothing in these Regulations shall, expressly or impliedly, bar the Commission dealing with any matter or exercising any power under the Act for which no regulations have been framed, and the Commission may deal with such matters, powers and functions in a manner, as it considers just and appropriate.
10. Power to Remove Difficulties If any difficulty arises in giving effect to any of these Regulations, the Commission may by general or special order do anything not being inconsistent with the provisions of the Act which appears to it to be necessary or expedient for the purpose of removing the difficulties.
By the order of the Commission Sd/- Secretary 7
SCHEDULE BIHAR ELECTRICITY REGULATORY COMMISSION (Fees, Fines and Charges) Regulations, 2005 Sl No.
Nature of petition / application Fees 1 Determination of tariff for supply of electricity by generating company to distribution licensee under the provisions of clause (a) of sub-section
(1) of Section 62 of the Act.
(a) Conventional fuel based (coal, gas, oil etc) Plant Rs. 10,00,000 (Rs. Ten lakhs) for capacity upto 100 MW.
Rs 2,500 (Rs. Two thousand five hundred) for each additional MW capacity or part thereof
(b) Renewable energy based plant including co-generation Rs. 10,000 (Rs. Ten thousand) for the first one MW of capacity Rs. 2,500 (Rs. Two thousand five hundred) for each additional MW of capacity or part thereof 2 Determination of tariff for transmission of electricity under the provisions of clause (b) of sub-section
(1) of Section 62 of the Act Rs 10,00,000 (Rs. Ten lakhs) 3 Determination of tariff for wheeling of electricity under the provisions of clause (c) of sub-section (1) of Section 62 of the Act Rs 5,00,000 (Rs. Five lakhs) 4 Determination of tariff for retail sale of electricity under the provisions of clause (d) of sub-section (1) of Section 62 of the Act One paisa for each 20 kwh [energy handled minimum Rs. 5 lakh and maximum Rs. 50 lakhs.]
5 In case of Multi Year Tariff frame work, annual review of tariffs and performance of the licensee during the control period as may be necessary, to be paid by the Licensee Rs 5,00,000 (Rs. Five lakhs) [6 (a) Review of tariff order as in (1) above
(i) Conventional fuel based ( coal, gas, oil etc.) plant.
(ii)Renewable energy based plant including co-generation
(b) Review of tariff order as in (2) to
(4) Rs. 2,00,000 (Rs. Two Lac) Rs. 10,000 (Rs. Ten Thousand) Rs. 2,00,000 (Rs. Two Lac)]
5. In Sl..No.4 word "energy handled" inserted by the BERC (Fees, Fines and Charges) [1st Amendment] Regulations, 2007 vide Bihar Gazette No. 978 dated 1st November, 2007 (w.e.f.
01.11.2007)
6. Substituted by (4th Amendment) Regulations, 2015 vide Gazette No. 593 w.e.f. 25.05.2015.
7. Sl.No.6 substituted by BERC (Fees, Fines and Charges) [3rd Amendment] Regulations, 2012 vide Bihar Gazette No. 468 dated 10th September, 2012 (w.e.f. 10.09.2012) 7 5, 6 8 [7(a) Approval/Adoption of price/tariff for power purchase or procurement process by distribution licensee (short term, medium term and long term basis).
(i) Conventional Rs. 15,00,000 (Rs. Fifteen Lakh)
(ii) Non Conventional Rs. 7,50,000 (Rs. Seven Lakh fifty thousand)]
(b) Approval of proposal for deviation in guidelines for Tariff based on competitive bidding To be decided by the Commission on case to case basis] 8 Application for review of Order for power purchase or power procurement process Rs. 1,00,000 (Rs. One lakh) 9 Application for approval of the schedule of charges of a Distribution Licensee under Section 45 and Section 46 of the Act Rs. 50,000 (Rs. Fifty thousand) 10 Application for entertaining and adjudicating disputes and differences between the licensees and the utilities, and review petition /application in this regard To be fixed on case to case basis depending on extent of work involved.
11 Appeal preferred to the Appellate authority under sub section (1) of Section 127 of the Act 1% of assessed amount rounded off to nearest rupee but limited to Rs.1,00,000 (Rs. One lakh) 12 Appeal against the decision of a Chief Electrical Inspector or an Electrical Inspector Rs. 5,000 (Rs. Five thousand) 13 Interlocutory Application Rs. 50,000 (Rs. Fifty thousand) 14 Disputes arising under sub section 4 and 5 of Section 67 of the Act, (opening of Streets, Railways etc) Rs. 10,000 (Rs. Ten thousand) 15 Application for review or reconsideration of any order of the Commission not covered elsewhere in these Regulations, or review of any order on grounds of clerical error/ mistake Rs. 500 (Rs. Five hundred) 16 Request for Inspection of documents as may be permitted Rs. 300 (Rs. three hundred) per day [17 Request for obtaining certified copies as may be permitted.
Rs. 5 (Rs. Five) per page] 8
8. Sl.No.7 substituted by the BERC (Fees, Fines and Charges) [2nd Amendment] Regulations, 2011 vide Bihar Gazette No. 55 dated 7th February, 2012 (w.e.f. 07.02.2012).
9. In Sl. No. 17 word "Rs. 3 (Rs. Three) per page" substituted by "Rs. 5 (Rs. Five) per page" vide BERC (Fees, Fines and Charges) [2nd Amendment] Regulations, 2011 vide Bihar Gazette No. 55 dated 7th February, 2012 (w.e.f. 07.02.2012).
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(a)
(b)
(c)
(d) Any other petition / Application By utility/licensee/deemed licensee/ person granted exemption from licence By Institution/ Organisation / Company By Consumer Groups registered with Government of India Individual Consumer
(a) Rs. 10,000 (Rs. Ten thousand)
(b) Rs. 5,000 (Rs. Five thousand)
(c) Nil
(d) Rs. 1,000 (Rs. One thousand) 19 Other matters not covered above As may be decided by the Commission 20 Complaint against the working of a utility by the end-user / consumer Rs. 25 (Rs. Twenty five) [21 Annual licence fee for a licensee / deemed licensee under Section 14 of the Act
(a) For Transmission of Electricity 0.060 paise per kWh of energy to be handled but adjustment shall be made against final energy handled during the financial year.
Minimum Rs.
10,00000/– (Ten Lakhs).
Note : - The energy handled by the distribution licensee shall mean the total energy purchased by the distribution licensee excluding losses in the inter-state and intra-state transmission and sale in UI but shall include purchase in UI.
The words "energy handled" by the transmission licensee shall mean the total energy entering into the transmission network of the licensee.
(b) For Distribution of Energy [0.060 paise per kWh of energy to be handled but adjustment shall be made against final energy handled during the financial year Minimum Rs.
5,00,000 (Five Lakhs).]
(c) For Trading of Electricity One paise for each 20 kWh of energy to be traded but it shall be adjusted against final energy traded during the financial year.
Minimum Rs. 2,00,000 (Two Lakhs.)] 10, 11, 12
10. Sl.21(a), (b) & (c) substituted by the BERC (Fees, Fines and Charges) [1st Amendment] Regulations, 2007 vide Bihar Gazette No. 978 dated 1st November, 2007 (w.e.f. 01.11.2007)
11. Sl.21(a), (b) & (c) substituted by (2nd Amendment) Regulations, 2012 vide Gazette No. 55 w.e.f.
07.02.2012
12. Sl.No. 21(a) & (b) substituted by (4th Amendment) Regulations, 2015 vide Gazette No. 593 w.e.f.
25.05.2015.
10 [22 Petition / Application for approval of FPPCA Rs. 50,000/– (Rs. Fifty thousand).]
[23. Review petition for FPPCA order Rs. 10,000/- (Ten thousand)
24. Petition for approval of investment plan of the licensee.
0.001% of the proposed investment subject to a minimum of Rs.
10,000/- (Ten thousand)
25. Petition for determination of rates, charges, terms and conditions under proviso to sub-section (1) of section 36 of the Electricity Act, 2003.
Rs. 1,000(one thousand) per MW or part thereof transmission capacity with a minimum of Rs. 25,000 (twenty five thousand).
26. Application under section 35 of the Act for seeking use of intervening transmission facilities.
Rs. 1,000(one thousand)
27. Application seeking prior approval under section 17 of the Electricity Act, 2003.
License fee as applicable under Sl.
21 of the schedule
28. Application for amendment of license under section 18 of the Electricity Act, 2003.
License fee as applicable under Sl.
21 of the schedule
29. Application for revocation of license under sub-section (2) of section 19 of the Electricity Act, 2003.
License fee as applicable under Sl.
21 of the schedule
30. Petition for amendment of supply code and connected matters specified under sections 43 to 48, 50, 55 and 56 excluding those required as a result of State Govt. directives.
Rs. 10,000(ten thousand)
31. Petition for fixing trading margin in the intra-state trading.
Rs. 1 (one) Lac
32. Adjudication of disputes regarding provisions of non-discriminatory open access under sub-section 47 of section 2 read with sub-section (2),
(3) and (4) of section 42 of the Electricity Act, 2003.
Rs. 10,000 (ten thousand)] 13 14
13. Added Sl.No. 22 by the BERC (Fees, Fines and Charges) (2nd Amendment) Regulations, 2012 vide Gazette No. 55 w.e.f. 07.02.2012
14. Added Sl.No. 23 to 37 by the BERC (Fees, Fines and Charges) (4th Amendment) Regulations, 2015 vide Gazette No. 593 w.e.f. 25.05.2015.
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33. Adjudication of disputes under section 9(2)/33(4)/35/43/67(4) of the Electricity Act, 2003.
Rs. 10,000(ten thousand)
34. Application seeking adjournment/extension in time Rs. 1000(one thousand)