In these regulations, unless the context otherwise requires, - 2[(1) “accounting statements” shall mean for each financial year, the balance sheet, the profit and loss statement, the cash flow statement and the report of the statutory auditors together with notes thereto;]
(1-a) “Act” means the Electricity Act, 2003 (36 of 2003);
1 Published in the R H.P. dated 2 nd June, 2011 at p. 943-965.
2 Ins. clause (1) and existing cluase (1) re-numbered (1-a) and vide Not No. HPERC-F(1)-3/2018 dated 22 nd November, 2018 published in the R H.P. dated 27 th November, 2018 at p. 6277-6283.
2 Compendium of HPERC Regulations, March 2021
(1) “additional capitalization” means the capital expenditure incurred or projected to be incurred, after the date of commercial operation of the project and admitted by the Commission after prudence check;
(2) “aggregate revenue requirement” or “ARR” means the costs pertaining to the State Load Despatch Centre which are permitted, in accordance with these regulations, to be recovered from the fees and charges determined by the Commission;
(3) “applicant” means a Power System Operation Company/State Load Despatch Centre who has made an application for determination of fees and charges in accordance with these Regulations;
(4) “base year” means the financial year immediately preceding first year of the control period and used for the purposes of these regulations;
(5) “buyer” means a person buying power through medium term or long term access and whose scheduling, metering and energy accounting is coordinated by the State Load Despatch Centre;
(6) “capital cost” means the capital cost as defined in regulation 15 of these regulations;
(7) “capital expenditure plan” or “CAPEX Plan” means the expenditure of capital nature planned to be incurred during control period for creation of the assets of the State Load Despatch Centre;
(8) “Central Commission” or “CERC” means the Central Electricity Regulatory Commission referred to in sub-section (1) of section 76 of the Act;
1 [(10) “change in law” shall mean the occurrence of any of the following events:
(i) enactment, bringing into effect or promulgation of any new Indian law, or
(ii) adoption, amendment, modification, repeal or re-enactment of any existing Indian law, or
(iii) change in interpretation or application of any Indian law by a competent Court, Tribunal or Indian Governmental Instrumentality, which is the final authority under law for such interpretation or application, or
(iv) change by any competent statutory authority in any condition or covenant of any consent or clearances or approval or licence available or obtained for the project, or
(v) coming into force or change in any bilateral or multilateral agreement/treaty between the Government of India and any other Sovereign Government 1 Subs. vide Not No. HPERC-F(1)-3/2018 dated 22 nd November, 2018 published in the R H.P. dated 27 th November, 2018 at p. 6277-6283 and before its substitution clause 10 read as under:
“ (10) “change in law” means occurrence of any of the following events:-
(a) the enactment, bringing into effect, adoption, promulgation, amendment, modification or repeal of any law, or
(b) change in interpretation of any law by a competent court, Tribunal or Indian Governmental Instrumentality which is the final authority under law for such interpretation, or
(c) change by any competent statutory authority, in any consent, approval or licence available or obtained for the project;” Compendium of HPERC Regulations, March 2021 3 having implication for the State Load Despatch Centre regulated under these regulations;]
(11) “charges” means recurring and monthly payments to be collected by the State Load Despatch Centre (SLDC), or by the Power System Operation Company on its behalf, for the services rendered;
(12) “Commission” means the Himachal Pradesh Electricity Regulatory Commission referred to in sub-section(1) of section 82 of the Act;
(13) “Conduct of Business Regulations” means the regulations specified under sub-section (1) of section 92 of the Act;
(14) “contracted capacity” means the capacity arranged through long term or medium term access;
(15) “control period” means a multi-year period fixed by the Commission, from time to time, by a notification, published in the Rajpatra, Himachal Pradesh, for determination of fees and charges to be levied and collected by the State Load Despatch Centre;
(16) “day” means the 24 hour period starting at 0000 hour;
(17) “fees” means the one-time or annual fixed payments collected by the State Load Despatch Centre, or by the Power System Operation Company on its behalf, for the services rendered on account of registration, membership or any other account as specified by the Commission from time to time;
(18) “financial year” means a period commencing on 1 st April of a calendar year and ending on 31 st March of the subsequent calendar year;
1 [(18-a) “force majeure event” shall mean, with respect to any party, any event or circumstance or combination of events or circumstances including those stated below, which is not within the reasonable control of, and is not due to an act of omission or commission of that party and which, by the exercise of reasonable care and diligence, could not have been avoided, and without limiting the generality of the foregoing, would include the following events:
(i) acts of God including lightning, drought, fire and explosion, earthquake, volcanic eruption, landslide, flood, cyclone, typhoon, tornado, geological surprises, or exceptionally adverse weather conditions, or
(ii) any act of war, invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist or military action, or
(iii) industry-wide strikes and labour disturbances having a wide impact;]
(19) “licensee” means a person granted a licence under section 14 of the Act;
2 [(19-a) “MCLR” shall mean One Year Marginal Cost of Funds based LendingRate;]
1 Ins. Clause (18-a) vide Not No. HPERC-F(1)-3/2018 dated 22 nd November, 2018 published in the R H.P. dated 27 th November, 2018 at p. 6277-6283.
2 Clause (19-a) renumbered clasue (19-b) and Ins. Clause (19-a) vide Not No. HPERC-F(1)-3/2018 dated 22 nd November, 2018 published in the R H.P. dated 27 th November, 2018 at p. 6277-6283.
4 Compendium of HPERC Regulations, March 2021 1 [(19-b) “mid-term performance review” means review of performance of the power system operation company vis-à-vis that approved in the Multiyear Tariff Order undertaken by the Commission during the year after the midyear of the control period;]
(20) “open access consumer” means any person permitted by the Commission to receive supply of electricity from a person other than the distribution licensee of his area of supply, and “open access” shall be construed accordingly. The expression “open access consumer” includes a generating company and a licensee, who has availed of or intends to avail of open access;
(21) “Power System Operation Company” or “PSOC” means a company, authority or corporation engaged in the operation of the State Load Despatch Centre in accordance with section 31 of the Act;
2 [(21-a) “prudence check” shall mean scrutiny of the reasonableness of expenditure incurred or proposed to be incurred, financing plan, use of efficient technology, cost and time over-run and such other factors as may be considered appropriate by the Commission for determination of tariff; and]
(22) “scheme” means the facilities and equipments associated with and installed at the State Load Despatch Centre or Corporate office of the Power System Operation Company and also includes, but not limited to, the following, namely:-
(a) computer systems, hardware and software,
(b) auxiliary power supply system comprising uninterrupted power supply, diesel generating set and DC power system,
(c) general telephone, fax and other off line communication system,
(d) other infrastructure facilities, such as air-conditioning, fire-fighting and construction and renovation of buildings,
(e) any innovative schemes, R&D projects and pilot projects for better system operation, such as synchrophasors, system protection scheme,
(f) Back-up control centres for the State Load Despatch Centre,
(g) surveillance camera system, and
(h) cyber security system;
(23) “seller” means a person supplying power through medium term or long term access and whose scheduling, metering and energy accounting is coordinated by the State Load Despatch Centre;
1 Ins. vide Not.. No. HPERC/F(5)(3)(1)(SLDC) dated 1st November,2013 published in the R H.P. dated 4th November, 2013 at p. no 4619- 4626.
2 Ins. clause (21-a) vide Not No. HPERC-F(1)-3/2018 dated 22 nd November, 2018 published in the R H.P.
dated 27 th November, 2018 at p. 6277-6283.
Compendium of HPERC Regulations, March 2021 5
(24) “State Government” means the Government of Himachal Pradesh;
(25) “State Load Despatch Centre” or “(SLDC)” means the centre established under sub-section (1) of Section 31 of the Act;
(26) “user” means the generating companies, distribution licensees, buyers, sellers and open access consumers, as the case may be, who use the intra– State transmission network or the associated facilities and services of the State Load Despatch Centre;
(27) “year” means a financial year; and 1 [(28) the words and expressions occurring in these Regulations and not defined herein but defined in the Act or Grid Code or State Grid Code shall bear the same meanings as respectively assigned to them in the Act or Grid Code or State Grid Code and the words and expressions used herein but not specifically defined herein or in the Act or Grid Code or State Grid Code shall have the meanings generally assigned to them in the electricity industry.]
PART-II STATE LOAD DESPATCH CENTRE (SLDC)