(1) Any person intending to engage in the business of transmission, distribution or trading in electricity in the State of Himachal Pradesh, shall apply to the Commission for the grant of appropriate licence in the form and manner directed by the Commission and accompanied by such fees as may be prescribed for this purpose.
1 Ins. vide not. No. HPERC/151 dated 10 th January, 2014, published in the R.H.P. dated 13 th January, 2014 at p. 5676-5679.
20 1 [Provided that till such time the fee is prescribed by the State Government, the application for grant of licence shall be accompanied by a fee of Rs. 1.00 lakh (Rupees one lakh only) payable through Bank Draft or Pay order drawn in favour of the Secretary, Himachal Pradesh Electricity Regulatory Commission at Shimla and the fee so paid shall be subject to adjustment as and when the fee is prescribed by the State Government]
(2) The distribution licence to be issued by the Commission shall broadly be of two categories, namely:-
(a) Category I – Licence-where the licensee will apply for and obtain from the Commission a licence;
(b) Category II – Licence- where the person is deemed to have applied for and been granted a transmission or distribution or trading licence by the Commission under regulation 48 herein by virtue of having complied with conditions contained in these regulations.
(3) The Commission may, if considers appropriate, advertise in newspapers or otherwise notify in such other appropriate manner as the Commission may decide, inviting applications for grant of licence.
(4) The applications for licence shall be made in accordance with the provision of the Act and these regulations and in the applicable form contained in FORM CB-14, 15 and 16 (in Annexure XII to XIV) to these regulations and shall be supported by affidavit of the authorised person.
(5) Every application for a licence shall be signed by or on behalf of the applicant and addressed to such officer as the Commission may designate in this behalf and it shall be accompanied by -
(a) ten copies or such number of copies as the Commission may direct of the proforma containing the specific terms and conditions which the applicant desires to be included in the licence and the statement stating the exclusion desired of the general conditions specified by the Commission and justification thereof, with the name and address of the applicant and of his agent (if any) printed on the cover page of the proforma;
(b) ten copies or such number of copies as the Commission may direct each signed by the applicant, of maps of the proposed area of transmission or distribution on such scale as may be laid down by the Commission;
(c) a statement describing any lands or assets, which the applicant proposes to acquire for the purpose of the licence and the means of such acquisition;
(d) a copy of the business plan, with an approximate statements of the capital proposed to be expended in connection with the utility, the means of financing of such capital expenditure, the resultant efficiency improvements and such other particulars as the Commission may require;
(e) a copy of Memorandum and Articles of Association in the case of a company or the incorporation or registration documents in the case of other legal entities;
1 Proviso inserted vide Not. No. HPERC/151 dated 21 st July, 2008, published in the R.H.P dated 23 rd July, 2008 at p. 2769-2770.
(f) annual accounts or other similar documents as maybe required; and
(g) a receipt in acknowledgement of payment of the fee specified in that regard.
(6) Any person intending to act as the transmission licensee shall, immediately on making the application, forward a copy of such application to the State Transmission Utility.
The State Transmission Utility shall acknowledge the receipt of the application and within thirty days of the receipt of the said application send its recommendations, if any, to the Commission.