(1) The provisions of the Himachal Pradesh Electricity Regulatory Commission (Conduct of Business) Regulations, 2001, shall stand repealed with the coming into force of these regulations.
(2) Notwithstanding such repeal anything done or any action taken or purported to have been done or taken including any order or notice made or issued or any instrument executed or direction given under the repealed regulations shall be valid and shall be deemed to have been done or taken under the corresponding provision of these regulations.
By the Order of the Commission -Sd- Secretary [ 1 Schedule (see regulations 58 CBR) Fee Structure Sr.
No.
Nature of application / petition Statutory provisions Fees (in rupees) 1 Application/processing fee for grant of licence under the Act.
CBR 27 ` 1 Lakh or any such other amount as may be prescribed by the State Govt.
under section 15 of the Act;” 2 Annual licence fee: CBR 58(2)
(i)Transmission licence CBR 27 (1) ` 2 [125 lakh] per annum
(ii)Distribution licence CBR 27 (1) 3[0.35 %]of approved ARR (including impact of past adjustment) of previous year per annum
(iii) Trading licence CBR 27 (1) ` 4[2 lakh] minimum for 100 MUs or less pl `50,000/- for every additional 50 MUs or part thereof 1 Sub. Schedule regulations 58 vide Not. No. HPERC/151 dated 10 th June, 2019, published in the R.H.P dated 12 th June, 2019 at p. 2638-2642 and before its substitution read as under:- Sr.
No.
Nature of application/ petition Statutory provisions Fees (in rupees) 1 [1 Application/processing fee for grant of licence under the Act.
CBR 27 `1 lakh or any such other amount as may be prescribed by the State Govt. under section 15 of the Act;”] 1 1-a Annual licence fee: CBR 58(2)
(i) Transmission licence CBR 27 (1) ` 100 lakh per annum
(ii) Distribution licence CBR 27 (1) ` 25 lakh per annum
(iii) Trading licence CBR 27 (1) 1 [` 1 lakh minimum for 100 MUs or less plus `50,000/ - for every additional 50 MUs or part thereof]
(iv) Deemed licensee under clause (a) of subregulation (1) of regulation 48 CBR 27 (1) ` 25,000 per annum or part thereof
(v) 1 [XXXX XXXX XXXX]
(vi) Deemed licensee under clause (c) of subregulation (1) of regulation 48-
(a) for transmission
(b) for distribution 1 [XXXX] CBR 27 (1) ` 100 lakh per annum ` 25 lakh per annum XXX] 2 1 [Tariff determination-
(a) Hydel Projects-
(i) Application for determination of Initial capital cost including tariff in respect of Hydro generating station above 25 MW.
(ii) Additional capitalization of capital cost 2 [(iii) Application for subsequent determination of Annual Fixed Cost under each MYT including periodic reviewed and true-up
(b) Renewable energy generation projects- 3 [(1) Project specific levellised tariff determination of renewable energy generating projects (all renewable sources).
(i) above 100KW upto 2.00 MW
(ii) above 2.00MW upto 5MW
(iii) above 5.00MW upto 25MW.
\ 1 [(2) Application for Annual Fixed Cost, performance review periodic review, including trueup.
Sections 62, 64 and 86(1) (a)&
(b) of the Act, CBR 12 (5) Sections 62, 64 and 86 (1) (a) &
(b) of the Act, CBR 12 (5)
(i) ` 15 Lakhs plus ` 20,000/- for every additional 1.00MW or part thereof exceeding 25 MW capacity subject to maximum `25 Lakh]
(ii) 30% of the fee paid for tariff determination under item (i) above.
(iii) 10% of the fee paid for tariff determination under item (i) above.
Note: Wherever application is for composite issues only one fee shall be charged.]
(i) ` 2 Lakhs.
(ii) ` 5 Lakhs.
(iii) Minimum ` 6 Lakhs plus ` 20,000/-for any additional 1 MW or part thereof exceeding 5 MW capacity.]
5% of the fee paid for tariff determination under item 1 above.
Note: Wherever application is for composite issues only one fee shall be charged.]
2 Sub. for figure and word “ 100 lakh” vide Not. No. HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556.
3 Sub. for figure and sign“ 0.25%” vide Not. No. HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556.
4 Sub. for figure and word “ 2 lakh” vide Not. No. HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556 and at the end note inserted.” 38
(iv) Deemed licensee under clause (a) and (b) of sub-regulation (1) of regulation 48 CBR 27 (1) `25,000 per annum or part thereof [Note—The licensee, including a deemed licensee, shall pay the Annual License fee for each FY in advance by 10th of April every year and in case of delay, the Late Payment Surcharge at the rate of one point five percent shall be paid on the outstanding amount for each month or part thereof after the due date of payment.]
1 3 [Tariff determination-
(a) generating projects, other than renewable generation projects-
(i) Application fee for determination of Initial capital cost including tariff in respect of generating station above 25 MW.
(ii)Additional capitalization of capital cost
(iii) Application fee for subsequent determination of Annual Fixed Cost under each MYT including periodic review and true-up Sections 62,64 and 86(1) (a)&
(b) of the Act, CBR 12 (5)
(i) 2 [35 lakh plus 30,000/- for every additional 1.00MW or part thereof in excess of 25MW, subject to the maximum 125 lakh under this item]
(ii) 30% of the fee under item (i) above.
(iii) (a) Under MYT 25% of the fee under item (i) above.
(b) Other than MYT 15% of the fee under item (i) above.
Note.—Wherever application is for issues falling under more than one of the above items, fee shall be charged under each relevant item.
1 Sub. fee structure vide Not. No. HPERC/151 dated 10 th June, 2019, published in the R.H.P. dated 12 th June, 2019 at p. 2638-2642 and before its substitution read as under:- 3 Application for determination of transmission tariff EA86 (1) (a) CBR12,13, 14 ` 5 lakh 4 Application for determination of tariff for wholesale bulk, or retail supply of electricity EA 86 (1) (a) CBR12,13, 14 Paise 1 for every 10 kWh sent out in the distribution system 1[5 Application fee for determination of cross subsidy surcharge and additional surcharge for open access consumer(s)/ user(s) Section 42 (2) of the Act, `3 lakh 5-A SLDC Charges Application fee for determination of SLDC charges (ARR)] `2 Lakh 5-B [Application for adoption of Tariff under Section 63 of the Act.
Section 63 of the Act 1[(i) for project upto 2MW capacity `10,000/-
(ii) for project upto 2MW and upto 5MW capacity `20,000/-
(iii) for projects above 5MW capacity `50,000/- 5-C Application for adjudication of dispute regarding provision of non-discriminatory open access under Section 39 (2) (d), 40(c) and 42(2) of the Act, if such dispute is not resolved by SLDC / Nodal Agency.
Section 39 (2) (d), 40 (c) and 42 (2) of the Act.
(i) For connectivity, long-term and medium-term open access related issuesa) upto 5MW fee ` 20000/-.
b) above 5MW fee ` 50,000/-
(ii) for connectivity and short-term open access related issuesa) upto 5.00 MW fee `10,000/- b) above 5.00MW fee ` 20,000/- 5-D Application fee for Average Pooled Purchase Cost Determination. `2 Lakh] 2 Sub. for item (a) (i) vide Not. No. HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556 before its substitution read as under:- “25 Lakh plus 30,000/- for every additional 1.00MW or part thereof in excess of 25 MW, subject to the condition that total under this item shall not exceed 100 Lakh.”
(b) Renewable energy generation projects- Project specific levellised tariff determination of renewable energy generating projects (all renewable sources).
(i) above 100KW upto 2.00 MW
(ii) above 2.00MW upto 5MW
(iii)above 5.00MW upto 25MW.
1 [(i) 50,000/- per 100kW or part thereof subject to maximum of 7.5 lakh;
(ii) 15 lakh
(iii) Minimum 15 lakh for first 5MW plus 40,000/- for each additional MW or part thereof.]
4 Application fee for determination of transmission tariff Section86
(1)(a) of the Act.CBR12 ` 2[25 lakh] Note: For each new transmission line for which the transmission licensee seeks determination of ARR, whether as a part of total ARR of the transmission licensee for that year/ control period or individually, an additional fee of [15 lakh] shall be charged for each such line.
1 Subs. for item (b) (i) , (ii) and (iii) vide Not. No. HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556 before its substitution read as under:- “(i) 30,000/- per 100kW or part thereof subject to maximum of 5Lakh.
(ii) 10 Lakh.
(iii) Minimum `12 Lakh for first 5 MW plus 30,000/- for each additional MW or part thereof.” 2 Subs. for figure and word “ 15 lakh” and in Note for the figure and word “10 lakh” vide Not. No.
HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556.
40 1 5 Application fee for determination of tariff for wholesale bulk, or retail supply of electricity including wheeling charges, free power, cross subsidy surcharge and additional surcharge etc for open access customer(s).
Section 86
(1) (a) of the Act, CBR 12 2 [0.035 percent] of approved ARR (including past adjustment) of previous year.
Note: - In case of separate petitions for any of these components additional fee of `5 Lakh for each such petition shall be charged.
6 SLDC Charges Application fee for determination of SLDC charges (ARR)] ` 3[30 Lakh] 7 Application fee for adoption of Tariff under Section 63 of the Act.
Section 63 of the Act
(i) for project upto 2MW capacity `4[25,000/]-
(ii) for project above 2MW and upto 5MW capacity `[75,000/]-
(iii) for projects above 5MW capacity `[1.5 lakh] 8 Application fee for Average Pooled Purchase Cost Determination.
` 5[10 Lakh] 9 Application fee for approval of power purchase or procurement process.
EA 86
(1)(b) of the Act. CBR 50 and 50-A ` 6[20,000/-] per MW or part thereof (to be shared equally between the contracting parties).
1 Sub. Schedule regulations 58 vide Not. No. HPERC/151 dated 10 th June, 2019, published in the R.H.P.
dated 12 th June, 2019 at p. 2638-2642 and before its substitution read as under:- 6 Application for approval of power purchase or procurement process EA 86 (1) (b) CBR 50 1[and 50-A] 1[(i) for projects upto 2 MW capacity. - Nil-
(ii) for projects above 2MW Capacity. ` 10,000/-
(iii) for projects above 5MW Capacity. `25,000/-] 7
(i)
(ii) Petition for review of Commission’s orders- Tariff Order
(a) on the request of original tariff petitioner
(b) on the request of Association/ group
(c) on the request of individual consumer.
Power Purchase Agreement
(a) upto 5 MW
(b) greater than 5 MW CBR-63 1[and 50-A] 1[10% of the fee paid for tariff determination] 1[subject to maximum of `50,000/-] ` 25,000/ ` 20,000/- ` 10,000/- `50,000/- 1[to be shared equally between the contracting parties] 8 Inspection of judicial records of the Commission. CBR 23 (3) ` 200/- per day 9 Supply of certified copies of documents/ judicial orders of the Commission CBR 24 (9) `5/- per page 10 1[Applications under clause (f) of sub-section (1) of section 86 for entertaining and adjudicating disputes between licensees and generating companies and between the licensees themselves.
Section 86
(1) (f) of the Act
(i) For renewable energy related petition.
(a) upto 2 MW `10,000/-
(b) above 2 MW and upto 5 MW, `20,000/-
(c) for above 5 MW not exceeding 25 MW `50,000/-
(ii) for conventional energy generation related petition exceeding 25 MW `2 Lakh
(iii) for any other case not covered above `2 Lakh] 2 Sub. for figure and word “0.025 percent” vide Not. No. HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556.
3 Sub. for figure and word “15 lakh” vide Not. No. HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556.
4 Subs. for serial No. 7 in time (i) & (ii) figure and sign “20,000/ and “ 50,000/”and item (iii) figure and word “1 lakh” vide Not. No. HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556.
5 Sub. for figure and word “5 lakh” vide Not. No. HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556.
6 Sub. for figure and sign “10,000/-” vide Not. No. HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556.
10
(i) Petition for review of Commission’s orders— In relation to Tariff Order
(a) When made by the original tariff petitioner
(b) When made by the Association/ group of consumers or individual HT/EHT consumers.
(c) When made by an individual LT consumer.
CBR-63 ` 1[3 lakh `2 lakh] `20,000/- 2 [(ii)
(iii) In relation to Power Purchase Agreement in relation to any other matter for which review is otherwise admissible.
CBR-63 1 [10,000/]- per MW or part thereof.(to be shared equally between the contracting parties in cases where the review sought by a joint petition) .
50% of the fee applicable for the original petition of the relevant nature irrespective of the fee actually paid for the original petition.
11 Inspection of judicial records of the Commission.
CBR 23(3) 1,000/- per working day comprising of maximum 7 working hours or part thereof in each case.
12 Supply of certified copies of documents/judicial orders of the Commission CBR 24(9) 10/- per page 1 Subs. for serial No. 10 in time (i) (a) and (i) (b) figure and word “2 lakh” and “ 1 lakh”and in item (ii) figure and sign “5,000/-” vide Not. No. HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556.
2 Sub. fee structure vide Not. No. HPERC/151 dated 10 th June, 2019, published in the R.H.P. dated 12 th June, 2019 at p. 2638-2642 and before its substitution read as under:- 11 Interlocutory application by
(i) licensee
(ii) others CBR 12 ` 5000/- ` 1000/- 12 Applications seeking adjournment CBR 12 ` 1000/- 13 Applications seeking extension in time. CBR 12 ` 1000/- 2 [13-A Appeal against the award of the Electricity Ombudsman, when filed by-
(a) the parties other than individual consumers
(b) individual consumers other than BPL consumers
(c) BPL consumers 12-A of the HPERC (Electricity Ombudsman) Regulations, 2004.
` 2000/- `1000/- Nil] 2 [14 Any other issue of miscellaneous nature to be decided/adjudicated upon by the Commission not covered elsewhere.
(i) Individual consumer `5,000/-
(ii) Other than individual consumers, `20,000/-] 2 [15 Other complaint/ application /grievances against the working of the licensees, generating companies etc. by the end user/consumer:-
(a) in case of Consumer Association/Groups, other than individual consumers
(b) in case of Individual consumers other than BPL consumers.
(c) In case of BPL consumers.
CBR 12 (5) and 58 `1000/- `100/- Nil] 42 13 Adjudication by Commission or the Adjudicating Officer designated by it:
(a) Application under clause (f) of sub- section (1) of section 86 of the Act.
(b) In relation to any other dispute/ matter not covered in clause (a) above, under any other provision of the Act or under any other law for the time being in force.
Section 86(1)(f) of the Act Per relevant provisions of the Act or any other law for the time being in force.
`1 lakh for application related to renewable energy generation and 2 lakh in all other cases.
Note.— In cases where the dispute is referred to Arbitration, 75 % of the fees actually charged shall be refunded to the Applicant, but in such cases fee for arbitration shall be payable by the concerned parties as per the provisions of `2 Lakh.
1 [13A For non-compliance of orders of the Forum/Ombudsman.
(i) By Institution/ Organization/ Company, (public limited, private limited)Partnership/Proprietorship
(ii) By Individual consumer not covered under (i) 100/- Section 42 2,500/- 100/- 13 B Any other issues of miscellaneous nature to be decided under Sections 142 & 146 of the Act.
(i) By licensee
(ii) By Institution/Organization/ Company, (public limited,private limited) Partnership/Proprietorship
(iii) Individual consumer not covered under (i) and (ii) Section 142 & 146 `5,000/- `2,500/- `100/-] 14 Interlocutory application CBR 12 `5000/- 15 Applications seeking adjournment CBR 12 ` 2000/- 16 Applications seeking extension in time for filing replies etc.
CBR 12 ` 2000/- 17 Any other issue of miscellaneous nature to be decided/adjudicated upon by the Commission or not covered else ware.
CBR 12 ` 30,000/- 1 Ins. serial No. 13A and 13 B for vide Not. No. HPERC/151 dated 30 th March, 2021, published in the R.H.P. dated 31 st March, 2021 at p. 9554-9556.
Annexure-1 FORM CB–I [See regulation –7(2)(g)(i)CBR] Register containing details of the Electricity Acts enacted by the Central or State Government FORM CB-2 [See regulation 7(2)(g)(ii) CBR] Register containing details of the statutory notifications, rules, orders & directions and regulations framed under the Act)
PART-I.-STATUTORY NOTIFICATIONS, RULES, ORDERS AND DIRECTIONS ISSUED BY THE CENTRAL GOVERNMENT.
Sr.
No.
Subject matter Provisions under which issued No & date of the notification Details & date of the Official Gazette in which published Whether Hindi text is available, if so, give the details of the Official Gazette in which published Date of commen cement Effect on existing provisions How amended modified and repealed subsequently 1 2 3 4 5 6 7 8 9 Sr.
No.
Title of the Act No. & Year of the Act Date of assent Date of commencement of the Act and its provisions No. of the Notification vide which the text has been first published in the Official Gazette (giving details of part No., Section and page of the Gazette) Whether Hindi text is available, if so, the details of the Official Gazette, in which published, be given.
Details of notifications enforcing the various provisions of the Act Issue of the Official Gazette in which SOR of the Act stand published Effect of the enact -ment Provision how effected amended by subsequent enactments 1 2 3 4 5 6 7 8 9 10 11 44
PART-II - STATUTORY NOTIFICATIONS, RULES, ORDERS, DIRECTIONS AND REGULATIONS FRAMED BY THE CENTRAL ELECTRICITY AUTHORITY Sr.
No.
Subject matter Provisions under which issued No and date of notification Details and date of the Official Gazette in which published Whether Hindi text is available, if so, give the details of the Official Gazette in which published Date of commencement Effect on existing provisions How amended, modified and repealed subsequently 1 2 3 4 5 6 7 8 9 Part-III- STATUTORY NOTIFICATIONS, RULES, ORDERS AND DIRECTIONS ISSUED BY THE STATE GOVERNMENT Sr.
No.
Subject matter Provisions under which issued No & date of notification Details & date of the Official Gazette in which published Whether Hindi text is available, if so, give the details of the Official Gazette, in which published Date of commenc ement Effect on existing provisions How amended, modified and repealed subsequently 1 2 3 4 5 6 7 8 9
PART-IV- STATUTORY NOTIFICATIONS, REGULATIONS, ORDERS AND DIRECTIONS ISSUED BY THE CENTRAL ELECTRICITY REGULATORY COMMISSION Sr.
No.
Subject matter Provisions under which issued No & date of notification Details & date of the Official Gazette in which published Whether Hindi text is available, if so, give the details of the Official Gazette, in which published Date of commencement Effect on existing provisions How amended, modified and repealed subsequently 1 2 3 4 5 6 7 8 9 FORM CB-3 [See regulation 7(2) (g) (iii) CBR] REGISTER GIVING DETAILS OF THE STATUTORY REGULATIONS FRAMED BY THE STATE ELECTRICITY REGULATORY COMMISSION.
PART-I REGULATIONS Sr.
No .
Title of the Regula -tions Provisio ns under which issued No. and date of notification, inviting public objections (pl. give page Nos and issue of the Official Gazette, in which it is published Newspaper in which public notice inviting objections/ suggestions was published No. and date of notification whereby the regulations were framed Whether Hindi text is available, if so, in which issue of the Official Gazette it is published.
The date on which reference was made to the State Govt. to lay it before the State Legislature The date on which regulat ions were laid before the State Legisla - ture Effect of the regulat -ions Amende d, modifie d or repealed by subsequ ently News - paper date 1 2 3 4 (a) 5 (b) 6 7 8 9 10 11
PART-II STATUTORY NOTIFICATIONS AND ORDERS (OTHER THAN THE REGULATIONS) ISSUED BY THE STATE ELECTRICITY REGULATORY COMMISSION.
46 Sr.
No.
Subject matter Notific ation No.
and date Provisions of the Act/Regula tions etc.
under which issued Page and date of the Official Gazette, in which it is published Whether required to be issued with the condition of previous publication, if so, give details of the Official Gazette in which published Whether required to be laid before the Legislative Assembly, if so, give the details of the dates – If issued in Hindi give the details of the Official Gazette in which Hindi text was published Effect of the notification/ Order How subseque ntly amended modified and repealed (a) on which reference made to the State Govt. for its laying
(b) on which it is laid before the Legislative Assembly 1 2 3 4 5 6 7 8 9 10 Annexure-II FORM –CB-4 [See Regulations 12(6) and 58(5)CBR] THE HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION REGISTER OF FEES Sr.
No.
Petition/ Applicati on No.
Name of party remitting DD/pay order Purpose of remittance of DD/Pay order No. & date of DD/Pay order Particulars of IPO/DD amount Name of the Bank Name & initials of Clerk Name & initials of officials to whom pay order have been passed Remarks 1 2 3 4 5 6 7 8 9 10 Annexure-III FORM-CB-5 [See Regulation 13 CBR] GENERAL HEADING FOR PROCEEDINGS Before the Himachal Pradesh Electricity Regulatory Commission, Filing No.
Case No.
(to be filled by the office) IN THE MATTER OF:
(Gist of the purpose of the petition or application And IN THE MATTER OF:
(Names and full addresses of the petitioners/applicants and names and full addresses of the respondents).
1 [ Annexure-IV FORM-CB-6 [See Regulation 14(1) CBR] FILING NO.:____________ Petition/Application No..____________ IN THE MATTER OF:— A.B. ….. . .Petitioner(s) AND C.D ... . .Respondent(s)
1. Details of Petition/application [Petition/application under section…………..of the Electricity Act, 2003]
2. Date of which the order challenged is communicated and proof thereof, if any.
1 Subs. vide not. No. HPERC/151 dated 4 th January, 2019, published in the R.H.P dated 7 th January, 2019 at p. 7372-7376 and before its substitution it read as under- “ FILE NO.:
CASE NO.
(To be filled by the Office) IN THE MATTER OF : (Gist of the purpose of the petition or application) AND IN THE MATTER OF:
(Names and full addresses of the petitioner/applicants and names and full addresses of the respondents) Affidavit verifying the petition/reply/application.
I, AB, son of ……………………………. aged …………………. residing at ……………………………… do solemnly affirm and say as follows:-
1. I am a Director/Secretary/ ………………… of ……………………………Ltd., the petitioner in the above matter and am duly authorized by the said petitioner to make this affidavit on its behalf.
Note: This paragraph is to be included in cases where the petitioner is the Company.
2. The statements made in paragraphs ……………………………………………….. of the petition herein now shown to me and marked with the letter ‘A’ are true to my knowledge and the statements made in paragraphs……………… are based on information and I believe them to be true.
Deponent.
Verification:
I, the deponent above named do hereby verify that the contents of my above affidavit are true to my knowledge; no part of it is false and nothing material has been concealed therefrom.
Verified at ………………. on the day of ……………………..
Deponent.” 48
3. The address of the Petitioner/Applicant for service is as set out hereunder:
(i) Postal address including PIN Code
(ii) Phone number including mobile number
(iii) Email
(iv) Fax No.
(v) Address of Counsel with Phone No., Fax No., Email (with STD Code)
4. The addresses of each respondent for service of all notices in the petition/ application are as set out hereunder:—
(i) Postal address including PIN Code
(ii) Phone number(with STD Code)
(iii) Email
(iv) Fax Number (with STD Code)
(v) Mobile Number
(vi) Address of Counsel with Phone number, Fax number, email and mobile number
5. Jurisdiction of the Commission.—The Petitioner declares that the subjectmatter of the petition/application is within the jurisdiction of this Commission.
6. Limitation.—The Petitioner/Appellant declares that the petition/application is within the limitation period, if any, (Explain how the petition is within the limitation period). In case the petition/ application barred by limitation, the number of days of delay should be given along with interlocutory application for condonation of delay.
7. Facts of the case.—The facts of the case are given below:— (Give here a concise statement of facts in a chronological order followed by elaboration of issues including the question of law arising in the petition/application. Each paragraph should deal with, as far as possible a separate issue).
8. Formulate the facts in issue or specify the dispute between the parties and summarize the questions of law that arise for consideration in the petition/application:
(i) Facts in issue
(ii) Question of law
9. Grounds raised with legal provisions
10. Matters not previously filed or pending with any other court or authority.— The Petitioner/Applicant further declares that the Petitioner/Applicant had not previously filed any petition or suit regarding the matter in respect of which this petition/application is preferred before any court or any other authority nor any such petition/application or suit is pending before any of them.
[In case the petitioner/applicant previously had filed any such petition/application or suit, the stage at which it is pending and, if decided, the outcome of the same should be specified and a copy of the order should also be annexed].
11. Details of the remedies exhausted.- The Petitioner/Applicant declares that he has availed all the remedies available to him under the relevant provisions of the Act, and regulations framed thereunder and the dispute resolution mechanism set out in the Agreements executed, (if any)— [Give here chronologically details of representations mode and the outcome of such representations with reference to the number of annexure to be given in support thereof.]
12. Details of petition/application, if any preferred before this Commission against the same impugned order/direction, by Respondents with numbers, dates…………….and interim order, if any passed in that petition/application(if known).
13. Specify below explaining the grounds for such relief(s) and the legal provisions, if any, relied upon.
14. Details of Interim Application, if any, preferred along with Petition/Application
15. Details of Index [An index containing the details of the documents in chronological order relied upon is enclosed].
16. Particulars of fee payable and details of bank draft in favour of the Secretary, Himachal Pradesh Electricity Regulatory Commission, Shimla.
Name of the Bank………………………...Branch…………………payable at Shimla, DD No………………………………..Date………………………
17. List of enclosures:
1.
2.
3.
18. Whether the order challenged as communicated in original is filed? If not, explain the reason for not filing the same.
19. Whether the Petitioner/Applicant is ready to file written submissions/arguments before the first hearing after serving the copy of the same on Respondents.
20. Whether the copy of petition/application with all enclosures has been forwarded to all respondents and all interested parties, if so, enclose postal receipt/courier receipt.
21. Any other relevant or material particulars/details which the petitioner/applicant deems necessary to set out:
22. Reliefs sought:
In view of the facts mentioned in para 7 above, points in dispute and questions of law set out in para 8, the Petitioner/Applicant prays for the following relief(s)
(a)
(b)
(c) Dated at ………………………..this……………..day of………….. 20……….
Petitioner(s)/Applicants(s), Counsel for petitioner(s)/applicant(s).
__________ 50 DECLARATION BY PETITIONER/APPLICANT The Petitioner(s)/Applicant(s) above named hereby solemnly declare(s) that nothing material has been concealed or suppressed and further declare(s) that the enclosures and typed set of material papers relied upon and filed herewith are true copies of the original(s)/fair reproduction /true translation thereof.
Verified at………………………..on this……………..day of………………20…… Petitioner(s)/Applicant(s) VERIFICATION I,…………………………………………………….(Name of the petitioner/applicant) s/o/w/o/d/o(indicate any one, as the case may be………….………….age…………...working as………………….in the office of ……………………………………………………resident of…………………do hereby declare that I am duly authorised by the Petitioner/Applicant, to make this petition/application, and verify that the contents of the paras………………….to…………………..are true to my personal knowledge/derived from officials record and para…………………to ………………….are believed to be true on legal advice and that I have not suppressed any material facts.
Date…………………..
Place…………………… Signature of the petitioner or authorized officer, By the order of the Commission, Sd/- Secretary.]
Annexure-V FORM –CB-7 [See regulation 15 (3) CBR] MEMORANDUM OF APPEARANCE BEFORE THE HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION SHIMLA Petition No.________________ In the matter of:
------------------------------------------------------------------------------ Petitioners Versus --------------------------------------------------------------------------- Respondents MEMORANDUM OF APPEARANCE I ___________________________ practicing/working as _______________________ having been authorized by ________________________ (further the particulars of the person authorizing) ________________________ hereby enter appearance on behalf of the ___________________________ and under take to plead and act for him/ it in all matters in the aforesaid case.
Place : _______________ Signature and Designation Date : _______________ Address for correspondence Annexure-VI FORM-CB-8 [See regulation 15 (4) CBR] THE HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION SHIMLA –171002 REGISTER OF PETITIONS/APPLICATIONS Sl No Diary No.
Date of filing Petition/ application No.
Name and address of the petitioner Name and address of the respondents Subject matter of the petition /application Date of admission Particulars of interim orders Date and particulars of final order Details of appeal if any filed in the High Court Remarks 1 2 3 4 5 6 7 8 9 10 11 12 52 Annexure-VII FORM-CB-9 [See Regulations 15 (6) CBR] THE HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION SHIMLA –171002 No. __________ 200 Subject:- Petition under section ____ of the Electricity Act, 2003 - In the matter of ………….
Dear Sir, I am directed to refer to your petition/application dated …….. filed on ………….. on the above named subject and to inform you that on scrutiny, the following defects have been pointed:-
1. The petition is not in the form prescribed in Chapter-II of the Himachal Pradesh Electricity Regulatory Commission (Conduct of Business) Regulations, 2005.
2. The names, descriptions and addresses of the parties have not been furnished in the clause title.
3. The following necessary parties have not been impleaded:
a) b) c)
4. The petition has not been duly signed.
5. The petition has not been verified through an affidavit.
6. The affidavit is not on the form prescribed in Chapter II of the HPERC CBR.
7. The affidavit has not been signed and sworn before the competent authority.
8. Ten copies of the petition have not been filed.
9. The copies of the petitions are not complete in all respects.
10. The copies of the documents are not legible and duly attested.
11. Translation, in English/Hindi/any other/language recognized by the Commission, has not filed.
12. Authenticity of the translation of the documents, in English/Hindi/any other language recognized by the Commission, has not been furnished.
13. The Vakalatnama/letter of authorization has not been filed.
14. The Vakalatnama is not properly executed and necessary court fee has not been paid.
15. The prescribed fee for the petition/application has not been paid.
16. The index of documents has not been filed.
17. The pagination of the documents has not been done properly.
You are requested to rectify the defects within ____weeks of issue of this letter failing which the petition shall be deemed to have been rejected.
Yours faithfully, Receiving Officer 54 Annexure-VIII FORM-CB-10 [See regulations 23 (3) CBR] THE HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION SHIMLA-171002 Petition No.
…………….,………………………………….. Petitioner V/s ………………………………………………… Respondent(s) Application for inspection of documents/records I hereby apply for grant of permission to inspect the documents/records in the above case.
The details are as under:-
1. Name and address of the person seeking permission:
2. Whether he is party to the case or he is the authorised representative of any party? ( Furnish necessary particulars):
3. Details of papers/documents sought to be inspected:
4. Purpose for seeking inspection:
5. Date and duration of the inspection sought:
6. The amount of fee payable and the mode of payment:
Place:
Date: Signature Office use Granted inspection on …………/Rejected Secretary Annexure-IX FORM-CB-11 [See Regulations 23 (7) CBR] THE HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION SHIMLA –171002 Register for inspection of Records Sr.
No.
Name of the applicant Date of application Records to be inspected Purpose of inspection Amount paid with particulars of Demand Draft/Pay Order No.
Date, Bank Date on which inspected Official in whose presence the record inspected Signature of all persons inspecting the records Remarks 1 2 3 4 5 6 7 8 9 10 Annexure –X FORM-CB-12 [See regulation 24 (3) CBR] THE HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION SHIMLA –171002 Petition No.
…………………………………………..…………….. Petitioner V/s …………….……………………………………………. Respondent(s) Application for grant of certified copy
1. Name and address of Applicant :
2. Whether the applicant is party to the case:
3. Whether the case is pending or disposed of:
4. Description with date of the documents of which copy is applied for:
5. No. of copies required:
6. Amount of fee remitted and mode of payment:
Signature ------------------------------------------------------------------------------------------------- For office use Granted/Rejected Additional copying fee Payable/paid and details thereof Secretary 56 1 [Annexure-X-A FORM-CB-12A (See regulation 24-A CBR) REGISTER OF PETITIONS/APPEALS TO HIGH COURT/APPELLATE TRIBUNAL FOR ELECTRICITY/ SUPREME COURT OF INDIA Annexure-XI FORM-CB-13 [See Regulation 24 (4) CBR] THE HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION SHIMLA.
REGISTER OF COPY APPLICATIONS Sl.
No Date of applic ation Name of the Applicant Petition No.
Particulars of the documents copy of which is required Amount received Particulars of DD/Pay Order No.
Date and Bank No. of pages Addl.
amount and particulars of DD/ Pay Order Date of preparation Date of delivery Signature of the person receiving Remarks 1 2 3 4 5 6 7 8 9 10 11 12 13 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.
Sl.
No.
Petitions No. before the High Court Appeal No.
before the Appellate Tribunal for Electricity SLP/Appeal No. before the Supreme Court of India Name of the Appellant/ Respondent Date of dispatch of records to the High Court/ Appellate Tribunal for Electricity/ Supreme Court of India Date of records of receipt from the High Court/ Appellate Tribunal for Electricity / Supreme Court of India 1 2 3 4 5 6 7 Petitions/ Appeal dismissed/ allowed with date Interim directions, if any, with date Final order on the petition appeal with date Directions, if any, for compliance issued by the Appellate Tribunal for Electricity Steps taken for compliance Remarks] 8 9 10 11 12 13 Annexure-XII FORM-CB-14 [See regulations 27 (4) and 28(1) CBR] THE HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION FORM-1: Application Form for grant of a distribution licence in the State of Himachal Pradesh.
The applicant must submit the completed application in xxx copies to the Secretary, Himachal Pradesh Electricity Regulatory Commission, (address), alongwith application fee of Rs. xxxx (Rupees in words) in form of a DD drawn in favour of Secretary ……………. Electricity Regulatory Commission, payable at Shimla.
PART-A: GENERAL INFORMATION OF THE APPLICANT
1. Details of the Applicant
(a) Full name of the applicant :
(b) Full address of the applicant :
(c) Name, designation and address of the Contact Person :
(d) Contact Telephone Numbers :
Fax (Number(s) :
Email ID :
2. Nature and details of the ownership
(a) Company/Firm/Co-op Society/Individual/Others :
(b) When and where Company incorporated/Registered Place of Incorporation/Registration :
Year of Incorporation :
Registration Number :
Place of Registration of the Firm, Co-op Society :
(c) Name and addresses of Directors/partners/governing body members/trustees
3. Principal Shareholders/Partners/Members
4. Details of the area of distribution, of the area of supply and of the area of operation for which distribution licence has been sought:
(a) Boundaries of the proposed area of distribution/supply/operation :
(b) Coverage of distribution network:
(c) Nature of other electricity licence/authorization, if any, for electricity transmission, distribution or trading already granted :
58
(d) Arrangement proposed for sourcing of power -
(i) Voltages :
(ii) Source of supply (Name of Supplier) :
(iii) Quantum of electricity proposed to be handled (Demand in MW and Energy in MU):
(iv) Purchase price at which electricity is proposed to be procured:
(e) Supply of power:
(i) Voltages :
(ii) Categories of distribution and supply) :
(f) Method and manner of establishing a forum for redressal of consumer grievances:
(g) Funding arrangements (source and application) to meet supply obligations
5. Arrangement, if any, proposed with the existing distribution licensee in the area of distribution or supply:
6. Arrangement with the transmission licensees and other distribution licensees for evacuation of electricity:
7. Resume of the Organisation giving details of :
(a) Management capability
(b) Financial strength
(c) Ability of discharge distribution and supply activities in a sustainable manner
8. Prior Experience (Past 3 years details for Related Business) [To be filled in by the applicant or by each participant separately in case of JVC/Consortium (As applicable)] General Information Name and address of the project(s) developed Brief description of project(s) developed Cost of the project(s) developed – Rs.
Lakhs Name and address of the Client company(s) for whom the project(s) were developed Name, designation and address of Reference person of Client Co (s)
9. Details of the assets and facilities required for the Business-
(a) Is the applicant acquiring, existing assets or creating new assets?
(b) Acquiring of existing assets/construction of new assets – Funding Proposed means of Finance Equity (Rs. Lakhs) Applicant Co-promoters Others Debts Domestic (Rs. Lakhs) Indian Financial Institutions Commercial Banks Others (specify) International (FC Million) Supplier’s Credit Direct Borrowing Others (specify) Equivalent INR (with Exchange rate used) Others In case assets procurement/ project is proposed to be jointly funded by an external agency Name and address of the agency, and contact details of the reference person of the agency (name, address, telephone/fax numbers, email, etc.)
Proposed equity from the agency (Rs. Lakhs) Agency’s equity as a percentage of total equity (%) Nature of proposed tie-up between the applicant and the other agency.
Details of debt proposed for the asset Procurement/Project Details of lenders (name and address) Details of loan packages indicating the loan amount, currency, term of loan, interest rate, up-front fees, commitment charges etc.
Whether any guarantee is being sought for the loans from any agency.
If Yes, provide details Yes/No
(c) For applicants creating new assets - 60 Erection, Procurement and Commissioning Whether the applicant is proposing to employ an Erection, Procurement and Commissioning Contractor.
If Yes, name, address and contract details of the same.
Proposed contract value Foreign currency Equivalent INR (with exchange rate used) Yes/No
(d) For applicants employing other contractors- Other Contracts Whether the applicant is proposing to employ any Contactor(s) for O&M work?
If yes, name, address and contact details of the same.
Period of the contract Details of the experience of the O&M contractor in similar business (es) Yes/ No Note:
1. Consent letters of the other agency and contractors to associate with the applicant for the above project to be enclosed.
2. Necessary approvals and no objections to be obtained at appropriate time and forwarded to the Commission.
10. Appropriate expertise (Personnel) Name of Personnel Qualification Specialization Years of experience Status in the Firm
1.
2.
3.
4.
11. Financial details of other business ventures of the applicant.
[To be filled in by the applicant or by each participant separately in case of JVC/consortium (As applicable)] General Information Names of Subsidiary Business Units
1.
2.
3.
4.
5.
Products manufactured/services
1.
2.
3.
4.
5.
Financial Indicators Year 1 Year 2 Year 3 Year 4 Year 5 Fixed assets Gross fixed assets Accumulated depreciation Net fixed assets Equity Promotions’ Government/Financial Institutions Public Others Liabilities Long Term Short Term Income Sale of Power Others Expenses Admn. and General Expenses, Repairs and Maintenance Employee cost Interest and Financial Charges Long Term Short Term Others Financial Indicators Year 1 Year 2 Year 3 Year 4 Year 5 Overall turnover (Rs. Lakhs) Profits and returns (Rs. Lakhs) Net profits Dividends paid Operating ratios Return on equity Return on capital employed Return on net fixed assets Liquidity ratio Debt service coverage ratio Current ratio Quick ratio Capital adequacy and credit 62 worthiness Debt/Networth Debt/equity Turnover ratio Total assets turnover Fixed assets turnover
12. Baseline Information (Business for which licence is sought) General Information Asset Base Transformers (Nos.)
500 kVA 250 kVA 100 kVA 63 kVA 25 kVA 10 kVA HT Line (Ckt. Kms) 220 kV 110 kV 66 kV 33 kV 11 kV LT Line (Ckt.Kms) 440 Volts Commercial Information Metering status Metered consumers (as a % of total consumers) Billing status Billing (as a % of total input) Revenue realization Revenue realization per Unit Sale (Rs./ Unit) Collection efficiency (%) Loss Technical loss (%) Commercial loss (%) Compendium of HPERC Regulations, March 2021 63
PART B: LIST OF DOCUMENTS TO ACCOMPANY LICENCE APPLICATION
1. Information relating to pre-existing licence (if any), with copy of licence/sanction
2. Copies of Company’s Articles of Association, Memorandum of Association, Partnership deeds and similar constitutional documents.
3. Certification of incorporation/registration
4. Certification for commencement of business.
5. Original Power of Attorney of the Signatory to commit the Applicant or its Promoter.
6. Details of Income tax registration.
7. Details of import license, if any.
8. Data relating to management and financial capability.
(a) Managerial
(i) Senior management’s curriculum vitae
(ii) Cadre strength for different categories (technical and non-technical)
(b) Financial
(i) Bank references asserting that the applicant is financially solvent
(ii) Most recent Annual Financial Statements (Balance Sheet)
(iii) Annual Audited Accounts for the past 3 years for the applicant and any Holding Company, Subsidiary or affiliated company
(iv) Any accompanying notes and certifications on the above statements from reputable chartered accountant.
(c) Any other document evidence to substantiate the financial capabilities, technical competence and others.
9. Data relating to the applicant’s business proposals
(a) Five year Business Plan (with projection) for the proposed business for which the application relates.
( b) Five year annual forecasts of costs, sales, revenues, project financing and funding arrangements (clearly specifying the assumptions involved) 64 Compendium of HPERC Regulations, March 2020
10. Detailed Map(s)
(i) Detailed electrical distribution map (including information on substations and configuration of the system) and geographical map for the proposed area of distribution, drawn to scale (scale not less than 10 Cms to a Km or any other scale as may be approved by the Commission)
(ii) The map shall clearly distinguish between the existing system and new facilities that shall be required for meeting the obligation to supply.
(iii) The map shall indicate the streets and roads in which the electricity is distributed.
(iv) A list of all local authorities vested with the administration of any portion of the area of distribution.
(v) An approximate statement describing any lands, which the applicant proposes to acquire for the purpose of the licence and the means of such acquisition
11. No objection certificates to distribute or supply in an area from the Central Government as per s.15(2) (ii) of the Electricity Act or acknowledgement for the filing of the application with the Central Government seeking such approval.
Date Signature of the applicant Compendium of HPERC Regulations, March 2021 65 Annexure-XIII FORM CB-15 [See regulations 27(4) and 28(1) CBR] THE HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION FORM-1 : Application Form for a Transmission Licence in the State of Himachal Pradesh The applicant must submit the completed application in xxx copies to the Secretary, Himachal Pradesh Electricity Regulatory Commission, (address), alongwith application fee of Rs. xxxx (Rupees in words) in form of a DD drawn in favour of Secretary, Himachal Pradesh Electricity Regulatory Commission, payable at Shimla.
PART-A: GENERAL INFORMATION OF THE APPLICANT
1. Details of the applicant
(a) Full name of the applicant :
(b) Full address of the applicant :
(c) Name, designation and address of the contact person :
(d) Contact Telephone Numbers :
Fax (Number(s) :
Email ID :
2. Nature and details of the ownership
(a) Company/Firm/Co-op Society/Individual/Others :
(b) When and where Company incorporated/registered Place of Incorporation/Registration :
Year of Incorporation :
Registration Number :
Place of Registration of the Firm, Co-op Society :
(c) Name and addresses of Directors
3. Principal Shareholders/Partners/Members
4. Details of the area of transmission for which transmission licence has been sought:
(a) Boundaries of the proposed area of transmission :
(b) Coverage of Transmission Network:
66 Compendium of HPERC Regulations, March 2020
(c) Nature of other electricity licence/authorization, if any, for electricity transmission, distribution or trading already granted :
(d) Funding arrangements (source and application) to meet supply obligations
5. Arrangement, if any, proposed with the State Transmission Utility:
6. Arrangement if any proposed with the other licensees
7. Arrangement if any proposed with the Generating Companies
8. Resume of the Organisation giving details of :
(a) Management capability
(b) Financial strength
(c) Ability to attend activities in a sustainable manner
9. Prior experience (Past 5 years details for Related Business) [To be filled in by the applicant or by each participant separately in case of JVC/Consortium (As applicable)] General Information Name and address of the project(s) developed Brief description of project(s) developed Cost of the project(s) developed – Rs. Lakhs Name and address of the client company(s) for whom the project(s) were developed Name, designation and address of reference person of client Co (s)
10. Details of the assets and facilities required for the Business
(a) Is the applicant acquiring, existing assets or creating new assets?
(b) Acquiring of existing assets/Construction of new assets Funding Proposed means of Finance Equity (Rs. Lakhs) Applicant Co-promoters Others Debts Domestic (Rs. Lakhs) Indian Financial Institutions Commercial Banks Others (specify) International (FC Million) Compendium of HPERC Regulations, March 2021 67 Supplier’s Credit Direct Borrowing Others (specify) Equivalent INR (with Exchange rate used) Others In case assets procurement/ Project is proposed to be jointly funded by an External Agency Name & Address of the Agency, and contact details of the reference person of the Agency (name, address, telephone/fax numbers, email, etc.)
Proposed Equity from the Agency (Rs. Lakhs) Agency’s equity as a percentage of total equity (%) Nature of proposed tie-up between the applicant and the other agency.
Details of debt proposed for the Asset Procurement Project Details of Lenders (name & address) Details of Loan packages indicating the loan amount, currency, Term of Loan, interest rate, up-front fees, commitment charges etc.
Whether any guarantee is being sought for the loans from any agency.
Is Yes, provide details Yes/No
(c) For Applicants creating New Assets EPC Whether the applicants is proposing to employ an EPC Contractor.
If Yes, Name, Address & Contact details of the same.
Proposed contract value Foreign Currency Equivalent INR (with Exchange rate used) Yes/No 68 Compendium of HPERC Regulations, March 2020
(d) For applicants employing other contractors Other Contracts Whether the applicant is proposing to employ any Contactor(s) for O&M work.
If yes, Name, Address & Contact details of the same.
Period of the Contract Details of the experience of the O&M contractor in similar business (es) Yes/ No Note:
1 Consent letters of the other Agency & Contractors to associate with the Applicant for the above project to be enclosed.
2 Necessary approvals and no objections to be obtained at appropriate time and forwarded to the Commission.
11. Appropriate Expertise (Personnel) Name of Personnel Qualification Specialization Years of Experience Status in the Firm
1.
2.
3.
4.
5.
12. Financial details of other business ventures of the applicant.
[To be filled in by he applicant or by each participant separately in case of JVC/Consortium (As applicable)] General Information Names of Subsidiary Business Units Products Manufactured/Services Financial Indicators Year-1 Year-2 Year-3 Year-4 Year-5 Fixed Assets Gross Fixed Assets Accumulated Depreciation Net Fixed Assets Equity Promotions’ Government/Financial Institutions Public Others Liabilities Long Term Short Term Compendium of HPERC Regulations, March 2021 69 Income Sale of Power Others Expenses Admn. & General Expenses, Repairs & Maintenance Employee Cost Interest & Financial Charges Long Term Short Term Others Financial Indicators Overall turnover (Rs. Lakhs) Profits & returns (Rs. Lakhs) Net profits Dividends paid Operating Ratios Return on equity Return on capital employed Return on net fixed assets Liquidity Ratio Debt service coverage ratio Current ratio Quick ratio Capital adequacy & credit worthiness Debt/networth Debt/equity Turnover Ratio Total assets turnover Fixed assets turnover
13. Baseline Information (Business for which Licence is sought) General Information 70 Compendium of HPERC Regulations, March 2020
PART B: LIST OF DOCUMENTS TO ACCOMPANY LICENCE APPLICATION
1. Information relating to pre-existing licence (if any), with copy of licence/sanction.
2. Copies of Company’s Articles of Association, Memorandum of Association, Partnership deeds and similar constitutional documents.
3. Certification of incorporation/Registration.
4. Certification for commencement of Business.
5. Original Power of Attorney of the signatory to commit the applicant or its promoter.
6. Details of Income Tax registration.
7. Details of import license, if any.
8. Data relating to Management and Financial capability.
(a) Managerial
(i) Senior management’s curriculum vitae
(ii) Cadre strength for different categories (technical and non-technical)
(b) Financial
(i) Bank references asserting that the Applicant is financially solvent
(ii) Most recent Annual Financial Statements (Balance Sheet)
(iii) Annual Audited Accounts for the past 3 years for the applicant and any Holding Company, Subsidiary or affiliated company
(iv) Any Accompanying notes and certifications on the above statements from reputable chartered accountant.
(c) Any other document evidence to substantiate the financial capabilities, technical competence and others.
9. Data relating to the applicant’s business proposals:
(i) Five year Business Plan (with projection) for the proposed business for which the application relates.
(ii) Five year annual forecasts of costs, revenues, project financing and funding arrangements (clearly specifying the assumptions involved)
10. An approximate Statement describing any lands, which the Applicant proposes to acquire for the purpose of the licence and the means of such acquisition.
11. Acknowledgment for service of the copy of the application with the Annexure and documents to the State Transmission Utility.
Date:…………. Signature of the applicant Compendium of HPERC Regulations, March 2021 71 Annexure-XIV FORM CB-16 [See regulations 27(4) and 28(1)CBR] THE HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION FORM-1 : Application Form for a Trading Licence in the State of Himachal Pradesh The applicant must submit the completed application in xxx copies to the Secretary, Himachal Pradesh Electricity Regulatory Commission, (address), alongwith application fee of Rs. xxxx (Rupees in words) in form of a DD drawn in favour of Secretary, Himachal Pradesh Electricity Regulatory Commission, payable at Shimla.
PART-A: GENERAL INFORMATION OF THE APPLICANT
1. Details of the applicant
(a) Full name of the applicant :
(b) Full address of the applicant :
(c) Name, designation and address of the contact person :
(d) Contact Telephone Numbers :
Fax (Number(s) :
Email ID :
2. Details of the ownership
(a) Company/Firm/Co-op Society/Individual/Others :
(b) When and where Company incorporated/Registered Place of Incorporation/Registration :
Year of Incorporation :
Registration Number :
(c) Name and addresses of Directors
3. Principal Shareholders/Partners/Members
4. Details of the area of operation :
Nature of other electricity licenses/authorization, if any, of the applicant for electricity transmission, distribution or trading already granted :
5. Details of operation :
Maximum trading volume proposed to be undertaken by the applicant on a monthly basis for the first three years:
72 Compendium of HPERC Regulations, March 2020
6. Funding arrangements (source and application) to meet the obligations:
7. Arrangement for purchase of energy:
8. Arrangement, if any, proposed with other existing trading and distribution licensees :
9. Resume of the Organisation giving details of :
(a) Management capability
(b) Financial strength
(c)Ability to attend activities in a sustainable manner
10. Prior experience (Past 5 years details for Related Business) [To be filled in by the applicant or by each participant separately in case of JVC/Consortium (As applicable)] General Information Name and address of the project(s) developed Brief description of project(s) developed Cost of the project(s) developed – Rs. Lakhs Name and address of the client company(s) for whom the project(s) were developed Name, designation and address of Reference person of client Co (s)
11. Financial details of other business ventures of the applicant.
[To be filled in by the applicant or by each participant separately in case of JVC/consortium (As applicable)] General Information Names of Subsidiary Business Units Products Manufactured/Services Financial Indicators Year-1 Year-2 Year-3 Year-4 Year-5 Fixed assets Gross fixed assets Accumulated depreciation Net fixed assets Equity Promotions’ Government/Financial Institutions Public Others Liabilities Long term Short term Income Compendium of HPERC Regulations, March 2021 73 Sale of power Others Expenses Admn. and General Expense Repairs and maintenance Employee cost, interest and Financial charges Long term Short term Others Financial Indicators Overall turnover (Rs. Lakhs) Profits and returns (Rs. Lakhs) Net profits Dividends paid Operating ratios Return on equity Return on capital employed Return on net fixed assets Liquidity ratio Debt service coverage ratio Current ratio Quick ratio Capital adequacy and credit worthiness Debt/Networth Debt/equity Turnover ratio Total asset turnover Fixed asset turnover
12. Baseline Information (Business for which Licence is sought)
PART B: LIST OF DOCUMENTS TO ACCOMPANY LICENCE APPLICATION
1. Information relating to pre-existing licence (if any), with copy of licence/sanction
2. Copies of Company’s Articles of Association, Memorandum of Association, Partnership deeds and similar constitutional documents.
3. Certification of incorporation/Registration
4. Certification for commencement of Business.
5. Original Power of Attorney of the Signatory to commit the applicant or its promoter.
6. Details of Income Tax registration.
7. Data relating to Management and Financial capability.
74 Compendium of HPERC Regulations, March 2020
(a) Managerial
(i) Senior management’s curriculum vitae
(ii) Cadre strength for different categories (technical and non-technical)
(b) Financial
(i) Bank references asserting that the Applicant is financially solvent
(ii) Most recent Annual Financial Statements (Balance Sheet)
(iii) Annual Audited Accounts for the past 3 years for the Applicant and any Holding Company, Subsidiary or affiliated company
(iv) Any Accompanying notes and certifications on the above statements from reputable chartered accountant.
(c) Any other document evidence to substantiate the financial capabilities, technical competence and others.
8. Data relating to the Applicant’s Business proposals
9. Five year Business Plan (with projection) for the proposed business for which the application relates.
10. Five year annual forecasts of costs, revenues, project financing and funding arrangements (clearly specifying the assumptions involved)
11. An approximate Statement describing any lands, which the Applicant proposes to acquire for the purpose of the licence and the means of such acquisition.
Date…………….. Signature of the Applicant Compendium of HPERC Regulations, March 2021 75 Annexure-XV FORM-CB-17 [See regulation 34 CBR] PROFORMA OF PUBLICATION BEFORE THE HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION NOTICE Notice is hereby given to all the interested persons that Messers …………… (Name and Address of the Applicant) has applied to the Himachal Pradesh Electricity Regulatory Commissions (the Commission for grant of licence …………. (nature of the licence) in the area ……… (specify the area of operation). The application and other documents filed by the applicant can be inspected at the office of the applicant. And copies of the same will be available from the applicant for a price not exceeding the normal photocopy charges.
Any person interested in objecting to or otherwise making representation in regard to the grant of licence may forward the objections/representation with the Commission in …. Copies by hand delivery or by registered post and should serve a copy of the objection/representation to Messrs at the address mentioned above .
The person filing the objection/representation should give the following particulars:-
1. Name and full address.
2. Grounds/reasons in support of the objection/representation together with documents or evidence, if available.
3. Whether he wish to be heard in person or through authorized representative at the time of hearing?
76 Compendium of HPERC Regulations, March 2020 Annexure-XVI FORM CB-18 (See regulation 49 CBR) FORMAT FOR FURNISHING TECHNICAL DETAILS BY GENERATING COMPANIES
1. General
(a) Name of the Company :
(b) Address of Registered Office :
(c) Postal Address for communication :
(d) Location of the proposed Generating Station :
(a) District :
(b) Taluk :
2. Particulars of proposed generating Unit(s)
(a) Capacity in KVA :
(b) No. of Units :
(c) Capacity of each unit :
(d) No. of phases :
(e) Power Factor :
(f) Frequency (HZ) :
(g) Technical specifications of other equipment :
(h) Voltage of generation :
3. Fuel for the proposed Power Plant
(a) Coal/Gas/Naptha :
(b) Others – Specify fuel :
(Strike-off whichever is not applicable)
4. Tie-up for supply of fuel (applicable for large unit(s) i.e. ….. MVA and above)
(a) Whether Fuel/Coal linkage is received, if yes, particulars:
(b) Whether Fuel Transport Agreement entered into, if yes, give details:
5. Other technical particulars
(a) Proposed date of commencement of generation :
(b) Salient features of the project relating to Technical details of Generator, Prime Mover, Exciter, Automatic Voltage Regulation, Compendium of HPERC Regulations, March 2021 77 Protection, Interconnection with Licensee (to be separately attached)
(c) Planed peak generation in MW :
(d) Operating plant load factor :
(e) Total annual requirement of electricity in millions of units by the industry :
(f) Peak requirement of the industry in MW :
(g) Voltage at which interconnection with licensee system is desired :
(h) Nearest supply point of interconnection with Licensee :
(i) Arrangements for synchronization, if generating units are proposed to be run in parallel :
(j) Estimated cost of proposed interconnection :
Date: ………… Signature 78 Compendium of HPERC Regulations, March 2020 Annexure-XVII [See regulation 57] Applicability of provisions of the Indian Penal Code and Criminal Procedure Code
(i) Section 193, (of the Indian Penal Code) Punishment for false evidence:- Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of judicial proceeding, shall be punished with imprisonment of either description for a term, which may extend to seven years, and shall also be liable to fine;
And whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term, which may extend to three years, and shall also be liable to fine.
Explanation –1 A trial before a Court-martial a [***] is a judicial proceeding.
Explanation –2. An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.
(ii) Section 219 (of the Indian Penal Code) Public servant in judicial proceeding corruptly making report, etc., contrary to law:- Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
(iii) Section 228 (of the Indian Penal Code) Intentional insult or interruption to public servant sitting in judicial proceeding:- Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with the which may extend to one thousand rupees, or with both.
(iv) Section 345 (of the Code of Criminal Procedure) Procedure in certain cases of contempt:-
(a) When any such offence as is described in section 175, section 178, section 179, section 180 or the section 228 of the Indian Penal Code (45 of 1860) is committed in the view or presence of any Civil, Criminal or Revenue Court, the Court may cause the offender to be detained in custody and may, at any time before the rising of the Court on the same day, take cognizance of the offence and, after giving the offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence the offender to fine not exceeding two hundred rupees, Compendium of HPERC Regulations, March 2021 79 and, in default of payment of fine, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid.
(b) In every such case the Commission shall record the facts constituting the offence, with the statement (if any) made by the offender, as well as the finding and sentence.
(c) If the offence is under section 228 of the Indian Penal Code (45 of 1860), the record shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult.
(v) Section 346 (of Code of Criminal Procedure) Procedure where Court considers that case should not be dealt with under section 345:-
(1) If the Court in any case considers that a person accused of any of the offences referred to in section 345 and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under section 345, such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is not given shall forward such person in custody to such Magistrate.
(2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far as may be, as if it were instituted on a police report.