(1) The distribution licensee shall also be authorised to recover such proportion, as may be considered reasonable by the Commission, of the expenses incurred, or to be incurred, for creation, including augmentation or additions, of the distribution system, other than those for the service lines, for the infrastructural development as a continuous and co-ordinated process, so as to meet its obligations for supply of power to the applicants for permanent connections under the Himachal Pradesh Electricity Regulatory Commission (Licensee’s Duty for Supply of Power on Request) Regulations, 2004 and such recovery shall be Compendium of HPERC Regulations, March 2021 3 regulated under the provisions of this regulation and also other relevant provisions of these regulations.
(2) Save as provided under sub-regulation (3), the distribution licensee shall recover the expenses in the shape of infrastructural development charges at the normative rates and associated terms and conditions, as may be approved by the Commission for the various slabs and categories based on the connected load or contract demand and/or supply voltages and/or nature of loads and/or geographical areas and/or tariff classification:
1 [Provided that in case of the Central and State Government/Government Agencies, if the applicant is willing to deposit in advance the entire estimated/actual cost of works including the service line, before the actual commencement of works required to be executed for supply of power and such estimated cost is more than the normative Infra Development Charges (IDC) and cost of service line, the applicant shall not be required to make the separate payment of IDC under these regulations and charges towards advance cost share for getting Power Availability Certificate (PAC) under Himachal Pradesh Electricity Supply Code, 2009:]
2 [Provided further] that for determining the normative rates per kW or kVA for the connected load or contract demand, as the case may be, the Commission shall ordinarily consider the following on normative basis:-
(i) the estimated cost of providing, erecting and commissioning one transformer of appropriate capacity and voltage ratings on normative basis, alongwith two bays (i.e. one on each side of the transformer) but excluding the cost of land and other components of the sub-station;
(ii) the estimated costs of two electrical lines (i.e. one for each side of the transformer considered under the preceding clause (i)) of such normative lengths as may be considered appropriate by the Commission;
(iii) any other costs as may be considered appropriate by the Commission;
(iv) the connected loads or contract demands, as the case may be, that can be catered for various categories under preceding clauses (i), (ii) and (iii) after applying suitable demand and diversity factors and suitable factor(s) for redundancy in the system; and
(v) allocation factors as well as the terms and conditions, as the Commission may find to be reasonable and appropriate:
Provided further that the Commission may fix the normative rates for per kVA of the contract demand in case of supply to be governed by two part tariff (i.e. energy and demand) and per kW of connected load in case of supply to be governed by single part tariff (i.e. energy) :
3 [Provided further that the Infrastructure Development Charges shall not be recovered in cases where the electricity connection for domestic supply existing in the 1 Added proviso vide Not. No. HPERC/419 dated 22 nd July, 2015, published in the R H.P. dated 23 rd July, 2015 at p. 2513-2514.
2 Sub. for word “Provided” for the words “Provided further” published in the R.H.P. dated 23 rd July, 2015 at p. 2513-2514.
3. Added proviso vide Not. No. HPERC/419 dated 19 th October, 2015, published in the R H.P. dated 20 th October, 2015 at p. 4779-4780.
4 Compendium of HPERC Regulations, March 2020 name of an individual person is to be transferred, for similar purpose, in the name of any relative of such person owing to inheritance or on specific request of existing consumer.
Explanation:
(A) For this purpose, the term “relative” shall include the following:-
(i) Spouse of the individual;
(ii) Brother or sister of the individual;
(iii) Brother or sister of the spouse of the individual;
(iv) Brother or sister of either of the parents of the individual;
(v) Any lineal ascendant or descendant of the individual;
(vi) Any lineal ascendant or descendant of the spouse of the individual;
(vii) Spouse of the person referred to in (i) to (vii):
(B) In case the new consumer required a load in excess of the load sanctioned for the original consumer, the expenditure for such additional load shall be recovered from the new consumer in accordance with regulation 7. In such cases, additional security for the additional load shall be deposited by the new consumer at the rate fixed under HPERC (Security Deposit) Regulation, 2005].
Provided further that the Commission may, while fixing the normative rates, restrict the rates worked out under the first proviso to this sub-regulation to such ceiling limits for respective categories as it may consider necessary:
Provided further that the normative rates shall, unless specifically approved by the Commission, not apply to the temporary connections:
Provided further that the entire cost, including the cost of all components as well as the additional recovery or refund under sub-regulation (9), of the bays required to be executed at the sub-station(s), including the cost of re-organising the bays, if any, exclusively for faciliting and/or controlling supply of power to an applicant or group of applicants shall also be recovered from the applicant(s) in addition to the normative rates:
Provided further that in cases where provisions of sub-regulation (3) are attracted, the amounts worked out under this sub-regulation and sub-regulation (9) shall be considered as the minimum amounts to be borne by such applicants.
(3) In case of an applicant or group of applicant(s), where-
(i) the supply of power is required at a site in an area, which does not have appropriate infrastructure for catering the loads of the nature and quantum required by the applicant(s) and where no other significant growth of load, at the voltage level similar to that at which supply is required, is foreseen in the immediate future, including the sites where locations of the loads depend upon the geographical factors and availability of basic raw-material such as for cement factories and construction power for hydro-electric projects; and ii) the total estimated cost of the works required to be executed for the appropriate capacities, keeping in view the minimum capacities standardized or generally planned by the licensee for the relevant voltage level(s), exceeds the summation of the amounts payable by the applicant or the group of applicants pursuant to sub-regulation (2) ;
Compendium of HPERC Regulations, March 2021 5 the licensee may require the applicant or the group of applicants to deposit the entire estimated cost of the works required for facilitating adequate provision in backup system and supply of power to such applicants :
Provided that if, subsequent to receipt of applications but before the commissioning of works, some more application(s) are received for loads to be released on permanent basis, at voltage levels similar to those for the original applicant(s), by using the works envisaged for the original applicants, such additional applications shall be clubbed together with the original applications for the purpose of recovery of costs and treated at par with original applicants and shall also be considered as original applicant(s) for all intents and purposes of regulation 5 and regulation 6 :
Provided further that in case of works required to be executed for a group of applicants under this sub-regulation, the costs shall be apportioned as under :-
(i) cost of common works shall be recovered on pro rata basis in the ratio of contract demands of various applicants;
(ii) cost of exclusive works shall be charged exclusively to the applicant(s) for whom such works have been/are required to be executed; and
(iii) cost of other works shall be charged, on proportionate basis, to the applicants for whose benefit such works are required to be used:
Provided further that the provisions under the succeeding sub-regulations (4) to (9) shall also be applicable in case of the connections released under this sub-regulation.
(4) The licensee shall be entitled to use the spare capacity in the works executed under sub-regulation(3) for release of connections to the subsequent applicant(s), or otherwise, and also to recover the charges/costs, as per sub- regulations(2) and (9) as applicable, from such subsequent applicant(s).
(5) The original applicant (s) under sub regulation 3, who have borne the entire cost of the infrastructural works, shall be entitled to use the spare capacity, if any, after providing for 30% redundancy in the total system created at their cost and the capacities used pursuant to preceding sub-regulation(4), on first come first serve basis, and no additional infrastructural development charges shall be recovered from such an original applicant/developing agency for use of such spare capacity so long as the amount borne by him after excluding the cost of exclusive work(s) and after adjusting the amount of refunds, if any, under succeeding sub-regulations(6),(7) and (8) is more than the minimum amount payable by him as per the sub-regulations (2) and (9) in respect of the total connected load/contract demand sanctioned, including the same sought to be sanctioned under this sub-regulation in his favour, as worked out at the rates for the respective periods in which such loads/demands are sanctioned.
(6) If subsequent application(s) are received within 5 years after the date of commissioning of works executed under sub-regulation (3), for permanent supply of power at a voltage level similar to that for the original applicant(s) under sub regulation (3) and supply of power to such applicant(s) essentially involves usage of such works, on regular basis, the infrastructural development charges, if any, actually recovered from such subsequent applicants for usage of spare capacity as quantified in accordance with subregulation (8) shall be refunded, on pro-rata basis, to the original applicant(s) under sub regulation (3), who had borne the full cost, to the extent of permissible amount of refund under succeeding sub-regulations (7) and (8) :
6 Compendium of HPERC Regulations, March 2020
Provided that if the provision for supply to such new applicant (s) require execution of certain additional infrastructural works, apart from the usage of the facilities/works created at the cost of original applicant(s) under sub-regulation (3), the cost of such additional works shall first be deducted from the infrastructural development charges recovered from such new applicant (s) and only the balance amount, if any, out of the amounts recovered from such new applicants, shall be refunded, on pro-rata basis, to the original applicant(s) who had borne the entire cost.
(7) The maximum permissible amount of refund to any original applicant under subregulation (3) shall not exceed the amount actually paid by him in excess of the summation of the following :-
(i) the infrastructural development charges under sub- regulations (2) and (9) on the total connected load/contract demands sanctioned originally and including those availed subsequently by the same applicant, under subregulation (5), at the rates applicable for the respective periods in which such loads/demands are sanctioned; and
(ii) the cost of works, including the bays required at the existing and /or new sub-stations, as may be executed or required to be executed exclusively for facilitating, control and or supply of power to such applicant or group of applicants:
Provided that such applicant(s) shall not be entitled to any interest on any part of the amount paid by them in respect of the period between date of payment and refund, if any.
(8) For the purpose of these Regulations, the spare capacity shall be determined with reference to the capacity of all main components of the works referred to in sub-regulation
(3), including line(s) and transformer(s), and only such spare capacity as is concurrently available in all the components, after providing for 30% redundancy in each of the components, shall be taken as the spare capacity:
Provided that in case of EHT works the spare capacity may be determined separately for the two main components i.e. EHT line(s) and EHT sub-station(s) after providing for 30% redundancy in each of the said components and in that case, the amounts paid by each original applicant under sub regulation (3) as well as the entitlements under the preceding sub-regulations (4), (5), (6) and (7) shall be determined separately with reference to the actual costs of the two main components i.e. EHT line(s) and EHT sub-station(s) and the spare capacity available in the said two components.
(9) In case of the exclusive works under sub-regulation (2) or of any of the works under sub-regulation (3), the recovery of cost shall be made initially on the basis of estimated cost which shall be subject to additional recoveries or refunds, as the case may be, in the same manner as outlined in sub-regulations (2) and (3) of regulation 18 of these Regulations.