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Section 50: Repeal and savings

The Himachal Pradesh Electricity Regulatory Commission (Terms and Conditions for Determination of Wheeling Tariff and Retail Supply Tariff)…State Regulations of Himachal Pradesh · 2003

(1) The Himachal Pradesh Electricity Regulatory Commission (Terms and Conditions for Determination of Wheeling Tariff and Retail Supply Tariff) Regulations, 2007 are hereby repealed.

(2) Notwithstanding such repeal-

(a) anything done or any action taken or purported to have been done or taken under the repealed regulations shall, in so far as it is not inconsistent with the provisions of these regulations, be deemed to have been done or taken under the corresponding provisions of these regulations;

(b) the provisions concerning the tariff order made for the control period ending on the 31st March, 2011 and the provisions for conduct of the proceedings (including review petitions) for its revocations, variation or alternation as, stood before such repeal, shall continue to be in-force.

By Order of the Commission -Sd- Secretary 44 Compendium of HPERC Regulations, March 2021 Appendix: Depreciation Schedule (see regulation O) S. No Asset Class Useful Life (Years) Rate (%) 1 Land owned under full title Infinity 0 2 Land held under lease (A) For investment in land Period of lease or the period remaining unexpired on the assignment of the lease 0 (B) For cost of clearing site Period of lease remaining unexpired at the date of clearing the site 0 3 Assets Purchased New (A) Buildings and civil engineering works of a permanent character, not mentioned above:

(i) Offices & showrooms 50 1.80

(ii) Temporary erection such as wooden structures 5 18.00

(iii) Roads other than kutcha roads 50 1.80

(iv) Others 50 1.80 (B) Transformers, transformer (kiosk) substation equipment & other fixed apparatus (including plant foundations)

(i) Transformers (including foundations) having a rating of 100 kilo volt amperes and over 25 3.60

(ii) Others 25 3.60 (C) Switchgear, including cable connections 25 3.60 (D) Lightning arrestors:

(i) Station type 25 3.60

(ii) Pole type 15 6.00

(iii) Synchronous condenser 35 2.57 (E) Batteries 5 18.00 (F) Underground cable including joint boxes and disconnected boxes 35 2.57 (G) Cable duct system 50 1.80 (H) Overhead lines including supports:

(i) Lines on fabricated steel operating at nominal voltages higher than 66 kV 35 2.57

(ii) Lines on steel supports operating at nominal voltages higher than 11 kV but not exceeding 66 kV 25 3.60

(iii) Lines on steel or reinforced concrete supports 25 3.60

(iv) Lines on treated wood supports 25 3.60 (I) Meters Electro Mechanical 15 6.00 Compendium of HPERC Regulations, March 2021 45 S. No Asset Class Useful Life (Years) Rate (%) Electronic 10 9.00 (J) Self propelled vehicles 5 18.00 (K) Air conditioning plants:

(i) Static 15 6.00

(ii) Portable 5 18.00 (L)

(i) Office furniture and fittings 15 6.00

(ii) Office equipments 15 6.00

(iii) Internal wirings including fittings and apparatus 15 6.00

(iv) Street Light fittings 15 6.00 (M) Apparatus let on hire:

(i) Other than motors 5 18.00

(ii) Motors 15 6.00 (N) Communication equipment

(i) Radio and higher frequency carrier systems 15 6.00

(ii) Telephone lines and telephones 15 6.00 (O) Assets purchased in second hand and assets not otherwise provided for in the schedule such reasonable period as the Commission determines in each case having regard to the nature, age and conditions of assets at the time of its acquisition by the owner 1 [(P) IT equipments including software 7 15 Note:—

(i) In case the useful life of a particular asset is less than the useful life prescribed under these regulations, then the useful life of such particular asset shall be considered as per the Companies Act, 2013 and subsequent amendment thereto.

(ii) IT equipments including software have been allowed to be depreciated upto 100%. Therefore, the rate of depreciation for the 7th year shall be 10%.]

1 Add. S.No. (P) alongwith Note for vide Not. No. HPERC-F(1)-1/2021 dated 30 th January, 2021 published in the R.H.P. dated 4 th February, 2021 at p. 7133-7135.

46 Compendium of HPERC Regulations, March 2021 Notification and Orders under The Himachal Pradesh Electricity Regulatory Commission (Terms and Conditions for Determination of Wheeling Tariff and Retail Supply Tariff) Regulations, 2013 1 [Fixation of Multiyear Control Period] NOTIFICATION Dated: 02.03.2011 No. HPERC/Dis/479 (Reg.)- In exercise of the powers conferred by clause (9) of regulation 3 of the Himachal Pradesh Electricity Regulatory Commission (Terms and Conditions for Determination of Wheeling Tariff and Retail Supply Tariff) Regulations, 2011, the Himachal Pradesh Electricity Regulatory Commission hereby fixes the period of three years starting from 01.04.2011 as multiyear control period for the purposes of the said regulations.

By order of the Commission -Sd- Secretary 2 [NOTIFICATION] Dated: 1st November, 2013 No.HPERC/F(5)(3)(1)– In supersession of this Commission’s notification Nos. HPERC/ Dis./ 479 dated 2nd March, 2011; HPERC/Gen/479, dated 2nd March, 2011;

HPERC/Trans/479 dated 2nd March, 2011 and HPERC/SLDC/479 dated 2nd May, 2011, published in the Rajpatra, Himachal Pradesh dated 7th April, 2011 & 2nd June, 2011 and in exercise of the powers conferred by clause (9) of regulation 2 of the HPERC (Terms and Conditions for Determination of Wheeling Tariff and Retail Supply Tariff) Regulations, 2011; clause (13) of regulation 3 of the HPERC (Terms and Conditions for Determination of Hydro Generation Tariff) Regulations, 2011; clause (16) of regulation 3 of the HPERC (Terms and Conditions for Determination of Transmission Tariff) Regulations, 2011; and clause (15) of regulation 3 of the HPERC (Levy and Collection of Charges by State Load Despatch Centre) Regulations, 2011, the Himachal Pradesh Electricity Regulatory Commission hereby fixes the period of five years starting from 01.04.2014 as multiyear control period for the purposes of the said regulations.

By order of the Commission -Sd/- Secretary 1 Published in R H.P. dated 7.4.2011 at p. 213.

2 Not. Published in the R H.P. 5 th Nov., 2013 at p. 4628.

Compendium of HPERC Regulations, March 2021 47 1 [The HPERC (Terms and Conditions for Determination of Wheeling Tariff and Retail Supply Tariff) (Third Amendment) Regulations, 2018] NOTIFICATION Shimla, the 22nd November, 2018 No. HPERC-F(1)-1/2018.—Whereas section 61 of the Electricity Act, 2003 (36 of 2003), provides that the Appropriate Commission shall specify the terms and conditions for the determination of tariff, and in doing so, shall be guided by the National Tariff Policy formulated under the said Act;

AND WHEREAS the Himachal Pradesh Electricity Regulatory Commission has framed the HPERC (Terms and Conditions for Determination of Wheeling Tariff and Retail Supply Tariff) Regulations, 2011 and has determined the tariff for the distribution licensee i.e. HPSEBL for the 2nd and 3rd MYT Control Periods from 2011 to 2014 and 2014 to 2019;

AND WHEARAS it has become necessary:

(a) to review the existing provisions to align them with the change in the National Tariff Policy, 2016, change in methodologies of the Central Commission, the Himachal Pradesh Electricity Regulatory Commission (Terms and Conditions for Sharing of Cost of Terminal Benefits of Personnel of Erstwhile Himachal Pradesh State Electricity Board and Successor Entities) Regulations, 2015, the Himachal Pradesh Electricity Regulatory Commission (Reporting System on Power Regulatory Accounting) Regulations, 2014,

(b) to review the norms of operations of the Utilities like linking Interest on Working Capital with Marginal Cost of Funds based Lending Rate instead of base rate,

(c) to address certain gaps and discrepancies in the regulations;

AND WHEREAS the Himachal Pradesh Electricity Regulatory Commission is making an exercise to determine the tariff for distribution licensee for the next control period starting from 1 st April, 2019 and keeping in view the regulatory developments after making of the aforesaid regulations and also the experience gained over the period, the National Tariff Policy and methodologies of the Central Commission, amongst others, it has also felt necessary to amend/modify the existing regulations;

NOW, THEREFORE, in exercise of the powers conferred by clauses (zd), (ze) and (zf) of sub-section (2) of section 181, read with sections 61, 62 and 86, of the Electricity Act, 2003 (36 of 2003) and all other powers enabling it in this behalf, and after previous publication, the Himachal Pradesh Electricity Regulatory Commission makes the following amendments to the HPERC (Terms and Conditions for Determination of Wheeling Tariff and Retail Supply Tariff) Regulations, 2011, published in the Rajpatra, Himachal Pradesh, dated 2nd April, 2011, namely:— By order of the Commission -Sd/- Secretary 1 Published in R H.P. dated 27 th November, 2018 at p. 6265-6266.

48 Compendium of HPERC Regulations, March 2021 1 [The Himachal Pradesh Electricity Regulatory Commission (Formats for Multi Year Tariff Filings by the Distribution Licensee) Order, 2011] The text of this Order and its Annexures is printed under the Himachal Pradesh Electricity Regulatory Commission (Guidelines and Formats for Tariff Filing) Regulations, 2005.

2 [The Himachal Pradesh Electricity Regulatory Commission (Formats for Multi Year Tariff Filings by the Distribution Licensee) Order, 2013] The text of this Order and its Annexures is printed under the Himachal Pradesh Electricity Regulatory Commission (Guidelines and Formats for Tariff Filing) Regulations, 2005.

3 [ Fixation of Multiyear Control Period] NOTIFICATION Shimla, the 29th December, 2018 No. HPERC-F(1)-1/2018.—In supersession of this Commission’s notification No.

HPERC /F(5)(3)(1) dated 1st November, 2013, published in the Rajpatra, Himachal Pradesh on 1stNovember, 2013 and in exercise of the powers conferred by clause (9) of regulation 2 of the HPERC (Terms and Conditions for Determination of Wheeling Tariff and Retail Supply Tariff) Regulations, 2011; clause (13) of regulation 3 of the HPERC (Terms and Conditions for Determination of Hydro Generation Tariff) Regulations, 2011;

clause (16) of regulation 3 of the HPERC (Terms and Conditions for Determination of Transmission Tariff) Regulations, 2011; and clause (15) of regulation 3 of the HPERC (Levy and Collection of Fees and Charges by State Load Despatch Centre) Regulations, 2011, the Himachal Pradesh Electricity Regulatory Commission hereby fixes the period of five years starting from 01-04-2019 as multiyear control period for the purposes of the said regulations.

By order of the Commission, Sd/- Secretary.

1 Notified vide the Not. No. HPERC (Dis.)/479 (Reg.) dated 2 nd April, 2011 published in R H.P. dated 6 th April, 2011 at p. 209.

2. Notified vide the Not. No. HPERC (5)(3)(1)(Retail) dated 1 st November, 2013 published in R H.P. dated 4 th November, 2013 at p. 4596-4599.

3 Published Not. in R.H.P. dated 2 nd January, 2019 at p. 7273-7274.

Where this provision sits

ActThe Himachal Pradesh Electricity Regulatory Commission (Terms and Conditions for Determination of Wheeling Tariff and Retail Supply Tariff) Regulations, 2011
Section50
Marginal noteRepeal and savings
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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