The Himachal Pradesh Electricity Supply Code, 2009

Compendium of HPERC Regulations, March 2021 1 1 [The Himachal Pradesh Electricity Supply Code, 2009] Amended, repealed or otherwise affected by:-

1. (First Amendment) Regulations, 2014 notified vide the Not. No. HPERC/438 dated 11 th June, 2014, published in the R H.P. dated 16 th June, 2014 at p. 1191- 1201.

2. (Second Amendment) Regulations, 2018 notified vide the Not. No. HPERC/Secy/151 dated 31 st July, 2018, published in the R.H.P. dated 7 th August, 2018 at p. 3754-

3755.

3. (Third Amendment) Regulations, 2018 notified vide the Not. No. HPERC/438- Supply Code dated 3 rd December, 2018, published in the R.H.P. dated 5 th December, 2018 at p. 6487-6488.

4. (Forth Amendment) Regulations, 2020 notified vide the Not. No.HPERC/Secy./438 dated 3 rd July, 2020 published in the R.H.P. dated 4 th July, 2020 at p. 1293-1297.

NOTIFICATION Shimla – 2, 26 th May, 2009 No. HPERC/390-09.- In exercise of powers conferred by Section 50 and clause (x) of subsection (2) of Section 181of the Electricity Act 2003 (36 of 2003) and all other powers enabling it in this behalf, the Himachal Pradesh Electricity Regulatory Commission, after previous publication, hereby makes the following Himachal Pradesh Electricity Supply Code, 2009, namely:-

CHAPTER – I GENERAL

1.1 Short title, extent, application, interpretation and commencement

1.1.1 This Code shall be called the Himachal Pradesh Electricity Supply Code, 2009.

1.1.2 This Code shall extend to whole of the State of Himachal Pradesh.

1.1.3 This Code shall be applicable to –

(a) all the distribution and retail supply licensees including deemed licensees in their respective area of supply and all the consumers of electricity in the State of Himachal Pradesh;

(b) all other persons who are exempted under section 13 of the Act; and

(c) incidents of unauthorized use and theft of electricity.

1.1.4 This Code will be read and construed in all respects as being subject to the provisions of the Act, rules and regulations made thereunder and the provisions of any other law for the time being in force.

2 [1.1.4.1 Where any regulations, referred to in the Code, undergo any amendment, modification or reenactment, after commencement of the Code, the references in the 1 Published in the R H.P. dated 29 th May, 2009 at p. 887-926.

2 Ins. vide Not. No. HPERC/438 dated 11 th June, 2014, published in the R H.P. dated 16 th June, 2014 at p. 1191 -1201.

2 Compendium of HPERC Regulations, March 2021 Code to such regulations shall, unless a different intention appears, be construed as references to the provisions so amended, modified or re-enacted.]

1.1.5 Nothing contained in this Code will abridge or prejudice the rights of the licensee and the consumer under the Act or any Rules or Regulations made there under.

1.1.6 This Code shall come into force from the date of its publication in the Rajpatra, Himachal Pradesh.

1.2 Definitions In this Code, unless it is repugnant to the context, -

1.2.1 “Act” means the Electricity Act 2003 (Central Act No. 36 of 2003);

1.2.2 “agreement” with its grammatical variations and cognate expressions means a general agreement, executed between the licensee and the consumer, including any commercial arrangement for supply of electricity as also open access;

[

1.2.3 “apparatus” means equipment or appliance with electrical circuit(s) and includes electric meter and metering equipment, electric machine, electric fitting or accessory connected to or isolated from the electric system;

1.2.4 “applicant” means an owner or occupier of any land/premises, (including the authorised representative of such owner or occupier) who makes an application to a licensee for supply of electricity, increase or reduction in sanctioned load/contract demand, change in title, disconnection or restoration of supply, or termination of agreement, as the case may be, in accordance with the provisions of the Act and the Code, rules and regulations made thereunder or other services;

1.2.5 “average power factor” means the ratio of kWh (kilo Watt hour) to the kVAh (kilo Volt Ampere hour) registered during a specific period;

1.2.6 “billing cycle” means the period for which the bill is raised;

1.2.7 “bulk supply consumer” means a consumer who avails electric supply for further distribution to various constituents with varied nature of loads within his premises;

1.2.8 “Code” means the Himachal Pradesh Electricity Supply Code, 2009;

1.2.9 “Commission” means the Himachal Pradesh Electricity Regulatory Commission;

1.2.10 “conductor” means any wire, cable, bar, tube, rail or plate used for conducting electrical energy and so arranged as to be electrically connected to the system;

1.2.11 “connected load” expressed in kW, means aggregate of the manufacturer’s rated capacities of all energy consuming devices or apparatus connected with the distribution licensee’s service line, on the consumer’s premises, which can be simultaneously used;

1.2.12 “connection point” means a point at which the consumer’s/user’s plant and/or apparatus are connected to distribution licensee’s distribution system;

1.2.13 “consumer” means any person who is supplied with electricity for his own use by a licensee or by the Government or by any other person engaged in the business of supplying electricity to the public under the Act or any other law for the time being in force and includes bulk supply consumer, any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a Compendium of HPERC Regulations, March 2021 3 licensee, the Government or such other person, as the case may be and shall also include-

(a) the consumer whose installation has been temporarily disconnected;

(b) prospective consumer i.e. any person who has applied for an electricity connection and whose supply has not commenced; and

(c) in case of death of a consumer, his legal heirs or representatives;

1.2.14 “consumer’s installation” means any composite electrical unit including electric wires, equipment or apparatus, whether portable or stationary, erected and wired by or on behalf of the consumer at the consumer’s premises beyond the point of commencement of supply;

1.2.15 “contract demand” expressed in kVA units means the maximum demand contracted by the consumer in the agreement with the licensee and in absence of such contract, the contract demand shall be determined in accordance with the Tariff Order;

1.2.16 “cut-out” means any appliance or device for automatically interrupting the conduction of electricity through any conductor when the current rises above a predetermined quantum and shall also include fusible devices;

1.2.17 “demand charges” for a billing period shall mean the amount chargeable based upon the recorded maximum demand in kVA or the contract demand; whichever is higher and shall be calculated as per the procedure laid down in the Tariff Order;

1.2.18 “electricity rules” means the Indian Electricity Rules, 1956 to the extent saved by the Act and the rules made under the Act thereafter;

1.2.19 “energy charge” expressed in Rs. Per kWh/kVAh for a billing period shall mean the amount chargeable in rupees based on the quantity of electricity supplied in kWh/kVAh and as calculated as per the procedure prescribed in the Tariff Order.

The demand/fixed charges, wherever applicable, shall be in addition to the energy charges;

1.2.20 “equipment” means electric line or apparatus or appliance comprising electrical circuit(s) and includes electric meter and metering equipment, electric machine, electric fitting or accessory, connected to or isolated from the electric system;

1.2.21 “Extra High Voltage (EHV) Consumer” or “Extra High Tension (EHT) Consumer” means a consumer who obtains supply from the licensee at Extra High Voltage /Tension;

1.2.22 “Extra High Voltage (EHV)” or “Extra High Tension (EHT)” means the voltage, which exceeds 33,000 volts; under normal conditions subject, however, to the percentage variation allowed under electricity rules;

1.2.23 “Forum” means the Forum for Redressal of Consumer Grievances established under sub-section (5) of section 42 of the Act;

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1.2.24 “harmonics” means a component of a periodic wave having a frequency that is an integral multiple of fundamental power line frequency of 50 Hz causing distortion to pure sinusoidal wave form of voltage or current;

1.2.25 “High Voltage (HV)” or “High Tension (HT)” means the voltage higher than 400 volts but not exceeding 33,000 volts under normal conditions, subject, however, to the percentage variation allowed under the electricity rules;

1.2.26 “High Voltage (HV) Consumer” or “High Tension Consumer (HT Consumer)” means a consumer who obtains supply from the licensee at High Voltage/Tension;

1.2.27 “installation” means any composite electrical unit used for the purpose of generating, transforming, transmitting, converting, distributing or utilizing electrical energy;

1.2.28 “interconnection” shall have the same meaning as connection point;

1.2.29 “installation contractor” means any person licensed under electricity rules for undertaking electrical works at an appropriate voltage;

1.2.30 “licensed electrical contractor” means a contractor licensed under the electricity rules;

1.2.31 “licensee” means the distribution licensee authorized to operate and maintain a distribution system for supplying electricity to consumers in its licensed area of supply;

1.2.32 “Load Factor” or “LF” is the ratio of the total number of units consumed during a given period to the total number of units which would have been consumed had the connected load been maintained throughout the same period and shall usually be expressed as the following percentage:- Load factor (%age) = Actual Units consumed in a given period X 100; Connected load in kW X No. of hours in the period

1.2.33 “Low Voltage or (LV)” or “Low Tension” (LT) means the voltage, not exceeding 230 volts between phase and neutral and 400 volts between phases under normal conditions, subject, however, to the percentage variation allowed under electricity rules;

(a)

1.2.34 “Low Voltage (LV) Consumer” or “Low Tension Consumer (LT Consumer)” means a consumer who obtains supply from the licensee at Low Voltage / Tension;

1.2.35 “maximum demand” means the highest load measured in kVA or kW at the point of supply of a consumer during consecutive period of 30 minutes or as laid down by the Commission, during the month;

1.2.36 “meter” means and includes metering equipment or a set of integrated instruments used to measure/record singularly or combined electrical parameters including electrical energy and electrical power both in kWh/kVAh during a given period;

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1.2.37 “metering equipment” means set of equipment such as ‘Current Transformer’, ‘Potential/Voltage Transformer’, necessary wiring and accessories etc. deployed in conjunction with the meter to measure/record the amount of electrical energy supplied.

Explanation.-It shall also include any seal or sealing arrangement and other measures provided by the licensee for sealing, reliability and for preventing theft/ unauthorised use of electricity;

1.2.38 “occupier” means the person in occupation of the premises where electrical energy is used or is proposed to be used;

1.2.39 “point of commencement of supply” means the outgoing terminal of the meter in case of LT consumers and incoming/outgoing terminal of the switchgear that may be installed by consumers, irrespective of the point of metering, in case of HT or EHT consumers, unless otherwise agreed to;

1.2.40 “power factor” means the ratio of the real power to the apparent power consumed during a month, the ratio being rounded off to two decimal figures;

1.2.41 “premises” means land, building or infrastructure or part or combination thereof in respect of which a separate meter or metering arrangements have been made by the licensee for supply of electricity;

1.2.42 “review panel” means the Electricity Supply Code Review Panel constituted by the Commission under this Code;

1.2.43 “rural area” means the area which is not covered by the urban area;

1.2.44 “sanctioned load” means the load expressed in kW/kVA of the consumer, which the licensee has agreed to supply, from time to time, in the agreement;

1.2.45 “State” means the State of Himachal Pradesh;

1.2.46 “Tariff Order” means the order issued from time to time by the Commission on annual aggregate revenue requirement and retail tariff for the licensee and consumers respectively;

1.2.47 “theft of electricity” shall mean theft of electricity as defined under section 135 of the Act;

1.2.48 “transmission system” means the system consisting of extra high voltage electric lines being operated at EHV (excluding generator interconnection facilities) owned and/or operated by the transmission licensee for the purposes of the transmission of electricity from one power station to a sub-station or to another power station or between sub-stations or to or from any external interconnection equipment up-to the interconnection with the distribution system and includes the plant and apparatus and meters owned or used by the transmission licensee in connection with the transmission of electricity, but shall not include any part of any licensee’s distribution system;

1.2.49 “urban area” means the areas which are declared as the larger urban areas, smaller urban areas or the transitional urban areas under the Act concerning the municipalities;

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1.2.50 “user” means any person having electrical interface with, or using the distribution system of the distribution licensee to whom this Code is applicable. Any distribution licensee, transmission licensee and generating units connected to the distribution system and the person availing Open Access in transmission or distribution system are also included in this term.

1.2.51 Unless the context otherwise requires, words or expressions used and not defined in this Code, but specifically defined in the Act, shall have the meanings assigned to them in the Act. Other words or expressions used in this Code, but not specifically defined in this Code or the Act, shall have meanings as are generally understood in the electricity supply industry.

1.3 Mechanism for review of the Code.–

1.3.1 Review panel.- A standing body Electricity Supply Code Review Panel shall be constituted 1 by the Commission comprising of the representatives of the Commission, licensees as well as the users of the distribution system in line with the provisions of this Code.

1.3.1.1 No change in this Code, however, small or big, shall be made without being deliberated upon and recommended to by the Supply Code Review Panel and thereafter approved by the Commission. The Review Panel shall submit its recommendations to the Commission within a period of 45 days from the date the case is referred for review. However, in an unusual situation where normal day-today operation is not possible without revision of some paras of the Code, a provisional revision may be implemented before the approval of the Commission is received, but only after discussion at a Special Review Panel meeting convened on an emergency basis. The Commission should promptly be intimated about the provisional revision. The Commission may issue directions required to revise the relevant provisions of the Code accordingly as may be provided in those directions and the distribution licensee shall promptly comply with such directions.

1.3.1.2 The Code Review Panel shall comprise of the following.–

(a) one member who shall be a senior technical officer, not below the rank of the Chief Engineer or its equivalent, from each of the distribution licensee in the State;

(b) one member who shall not be below the rank of the Chief Engineer or its equivalent, from the State Transmission Utility (STU);

(c) one member nominated by the Commission, who shall also be the Convener of the Review Panel;

(d) one member representing generators connected to the distribution system;

(e) one member representing open access consumers;

(f) one member representing industrial consumers;

(g) one member representing commercial consumers;

(h) one member representing domestic consumers;

(i) one member representing bulk consumers;

(j) other members as the Commission may direct and find appropriate.

1 Electricity Supply Code Review Panel constituted vide the Not. No. HPERC/438dated 12.11.2012 published in the R.H.P. dated 24.11.2012 at p. 538-540.

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1.3.1.3 The Chairman of the Review Panel shall be from amongst the Technical Members/Directors of the distribution licensee and shall be nominated by the Commission for two years term on rotation basis.

1.3.1.4 Not less than 50 percent of the total members of the Review Panel shall form the quorum in its meeting.

1.3.2 Term of Office.–

1.3.2.1 The Review Panel shall be perpetual under this Code. All members of the Review Panel shall hold office by virtue of positions held by them in their respective organisations until changed/replaced by the respective organization/ consumer group.

1.3.3 Functions of the review panel.– The functions of the Review Panel shall be -

(a) maintenance of the Code and its working, under continuous scrutiny and review;

(b) consideration of all requests for review made by any user and publication of their recommendations for changes in the provisions of the Code together with reasons for such changes;

(c) rendering guidance on interpretation and implementation of the Code;

(d) examination of the problems raised by any user as well as resolution of the said problems;

(e) to assess compliance by the licensee with conditions of supply etc. ;

(f) ensuring that the changes/modifications proposed in the Code are consistent and compatible with standard technical manual or guidelines, Codes, laws, Acts, rules and regulations in force at that point of time;

(g) holding of meetings as required but at least one meeting shall be held in every six months;

(h) constitution of a sub-committee for detailed study of various matters pertaining to the provisions in the Code and circulation of the findings and recommendations to the Review Panel Members and the entities concerned;

(i) making arrangements for deliberation of the issues (regarding subcommittee findings and recommendations) in the Review Panel meetings in the time frame, as provided by the sub-committee.

1.3.4 Review and revisions.–

1.3.4.1 The user(s) seeking any amendment to the provisions in this Code shall send written request(s) to the Convener of the Review Panel, with a copy to the Commission. If the request is sent to the Commission directly, the same shall be forwarded to the Convener of the Review Panel who shall, forward/circulate the request requiring changes/modifications in the Code to all the Review Panel members for their written comments within a reasonable time frame or the Convener may call for the Review Panel meeting in consultation with the Chairperson. Based on interaction(s)/ discussion(s), the necessary amendment(s)/ revision(s) may be incorporated in the Code after the approval of the Commission and shall be published by the Secretary of the Commission.

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1.3.4.2 Any change from the previous version shall be clearly marked in the margin. In addition, a revision sheet shall be placed at the front of the revised version, noting the number of every changed para(s)/sub-para(s), together with reasons for such change(s).

1.3.4.3 The Convener shall maintain copies of the Code incorporating the latest amendments and the same shall be made available on the web site of the Commission as well as that of the licensee. The licensee shall also make available the copies of the same at reasonable cost to any person requiring it.

1.3.4.4 The Commission, may, on the application of the licensee or otherwise, call the emergent meeting of the Review Panel as and when the situation so dictates and make such alterations and amendments in the Code as it thinks fit.

CHAPTER-II SYSTEM OF SUPPLY, CONDITIONS OF SUPPLY AND CLASSIFICATION OF CONSUMERS

2.1 System of Supply

2.1.1 The nominal frequency of an alternating current (AC) shall be 50 Hz (cycles per second). Except with the written consent of the consumer or with the previous sanction of the State Government, the licensee shall not permit the frequency of an alternating current to vary from the nominal frequency by more than 3 percent, however, the licensee shall, as far as possible, supply and maintain power supply in frequency band as stipulated in the Grid Code.

2.1.2 The nominal voltage of the AC supply is as follows:-

(a) Low Tension [LT] Single Phase: 230 volts between phases and neutral, Three Phase: 400 volts between phases,

(b) High Tension (HT)- Three Phase: 2.2 kV, 6.6 kV, 11 kV,15 kV, 22 kV or 33 kV,

(c) Extra High Tension (EHT)-Three Phase: 66 kV, 132 kV or 220 kV

2.1.3 The licensee shall design, install, maintain and operate a distribution system in conjunction with the transmission system.

2.1.4 Except with the written consent of the consumer or with the previous sanction of the State Government, the voltage at the point of supply shall remain within the limits prescribed in the electricity rules, which at present are as under: -

(a) in the case of low tension, + 6%;

(b) in the case of high tension, + 6% to – 9%;

(c ) in the case of extra high tension, + 10% to – 12.5%

2.1.5 Point of Commencement of Supply.- Unless otherwise agreed to, the point of commencement of supply shall be,–

(a) in the case of LT consumers, at outgoing terminal of the meter and feeding the premises;

(b) in the case of HT or EHT consumers,- Compendium of HPERC Regulations, March 2021 9

(b) (i) at incoming terminal of the switchgear feeding the premises that may be installed by the consumers, irrespective of point of metering; and

(c) (ii) at the outgoing terminal of the switchgear installed at the substation of the licensee, feeding the dedicated line, irrespective of the point of metering.

2.1.6 1 [Standard Supply Voltage/Supply Voltage]- 2 [2.1.6.1(A) The standard supply voltage shall mean the standard voltage at which electricity shall be given to the consumer through a common or dedicated or joint dedicated feeder without payment of any lower voltage supply surcharge(LVSS). Depending upon the connected load(kW or MW), contract demand (kVA or MVA), nature of load and existence of a voltage (volts/kV) and phase in the relevant distribution system, the standard supply voltage for a consumer shall be as provided in clauses (a) and (b) of this sub-para and sub-para 2.1.6.1(C)-

(a) The maximum limits of connected load (kW or MW) and contract demand (kVA or MVA) for the supply of power at a voltage, shall be as under-

Provided that where special category loads are involved, the standard supply voltage shall be 11 kV or 22 kV, as may exist on the relevant distribution system, if- 1 Subs. for the words “Standard Supply Voltage” vide Not. No. HPERC/438 dated 11 th June, 2014, published in the R H.P. dated 16 th June, 2014 at p. 1191- 1201.

2 Paras 2.1.6.1-A, 2.1.6.1-B and 2.1.6.1-C subs. for para 2.1.6.1 vide Not. No. HPERC/438 dated 11 t June, 2014, published in the R H.P. dated 16 th June, 2014 at p.1191- 1201. Prior to its Insertion it stood as under:- “2.1.6.1 Depending upon the connected load (kW) of a consumer, the supply to the consumer shall be given at the following standard voltage (volts / kV) and phase as may exist on the relevant distribution system:- Sr.

No.

Connected Load Standard Supply Voltage (AC) 1 <= 50 kW Single phase 230 Volts or three phase 400 Volts or 2.2 kV 2 51 kW up to 2000 kW Three phase 6.6 kV,11kV, 15kV or 22kV 3 2001 kW up to 10000 kW Three phase 33kV or 66kV 4 >10000 kW >=132 kV (three phase) Sr.

No.

Standard Supply Voltage Maximum Connected Load Maximum Contract Demand

1.

Single phase 230 volts or three phase 415 volts or 2.2 kV;

(for supplies not involving special category loads) 50 kW 50 kVA

2. Three phase 11 kV or 22 kV;

(for supplies not involving of special category loads) 3 MW 2.2 MVA

3. Three phase 33 kV 12 MW 10 MVA

4. Three phase 66 kV 14 MW 12 MVA

5. Three phase 132 kV or 220 kV No limits 10 Compendium of HPERC Regulations, March 2021

(i) the total connected load does not exceed 1 MW, irrespective of special category loads; or

(ii) the total quantum of connected load in respect of special category loads does not exceed 750 kW within the overall limit of total connected load upto 3 MW and total contract demand upto 2.2 MVA:

Provided further that, if neither of the limits given in the first proviso, in relation to supplies involving special category loads, are adhered to, the standard supply voltage shall be 33 kV or the appropriate higher voltage in accordance with the limits specified in this clause:

Provided further that where a consumer having connected load of not more than 50 kW is already getting supply at LT voltage immediately before commencement of the Himachal Pradesh Electricity Supply Code (First Amendment) Regulations, 2014, he shall continue to be covered under a LT standard voltage (i.e. single phase 230 volts or three phase 415 volts) irrespective of contract demand already sanctioned in his favour, so long as he does not further extend his connected load or contract demand beyond the specified limits of 50 kW or 50 kVA respectively:

Provided further that where a consumer is getting supply at a voltage higher than the standard supply voltage as per the said specified limits, he shall continue to get supply at such higher voltage without any rebate for higher voltage supply.

(b) Where the connected load or contract demand exceeds the relevant ceiling limit specified in clause (a), the appropriate higher voltage at which both such limits can be adhered to, shall be considered as standard supply voltage and there shall be no minimum limits for supply of power at a particular voltage.

2.1.6.1(B) Where the consumer seeks supply of power at a voltage lower than the standard supply voltage as per sub-para 2.1.6.1(A), the licensee shall supply power at such lower voltage subject to the maximum limits of connected load and contract demand as specified in this sub-para; payment of lower voltage supply surcharge (LVSS) by the consumer at the rates given in the relevant tariff order applicable from time to time; and other conditions, as may be relevant, specified in this sub-para or in sub-para 2.1.6.1(C) or elsewhere in this Code :- Sr.

No.

Supply Voltage Description Maximum Connected Load Maximum Contract Demand

1. 11 kV (for supplies not involving special category loads)

(a) If 22 kV or 33 kV voltage level exists in the relevant distribution system.

5 MW 3 MVA

(b) If 22 kV or 33 kV voltage level does not exist in the relevant distribution system.

6 MW 5 MVA

2. 22 kV (for supplies not involving special

(a) If 33 kV voltage level exists in the relevant distribution system.

6 MW 5 MVA

(b) If 33 kV voltage level does not exist in the relevant distribution 7 MW 5.5 MVA Compendium of HPERC Regulations, March 2021 11 category loads) system.

3. 33 kV (a) If 66 kV voltage level exists in the relevant distribution system.

15 MW 12 MVA

(b) If 66 kV voltage level does not exist in the relevant distribution system.

18 MW 14 MVA

4. 66 kV (a) Through a common or dedicated or joint dedicated feeder 18 MW 14 MVA

(b) Through a dedicated or joint dedicated feeder 30 MW 24 MVA

Provided that all such supplies, excepting the same at Sr. No.4(a), shall be given through dedicated or joint dedicated feeders only and that in case of Sr. No.

4(a) the supply shall be given through a common or dedicated or joint dedicated feeder:

Provided further that in case of supply involving special category loads, the same shall be given at 11 kV or 22 kV subject to further conditions that the total connected load in respect of the special category loads does not exceed 1.5 MW within the total connected load upto 3 MW and contract demand upto 2.2 MVA and that the supply is to be given through a dedicated feeder or a joint dedicated feeder emanating from EHV sub-station:

Provided further that if the conditions given in second proviso, in relation to the supplies involving special category loads, are not adhered to, the supply shall be given at 33 kV or at appropriate higher voltage depending on the total connected load and contract demand:

Provided further that the provisions of this sub-para, shall be further subject to the following condition:-

(i) that the voltage regulation limits shall have to be adhered to while deciding the supply arrangements;

(ii) that in case of special category loads and other such loads which can cause disturbances in the power distribution system, the consumer shall provide suitable protection equipments as per the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 and other prudent practices to adequately insulate the distribution system from the disturbance caused by such loads;

(iii) that the consumer already getting supply at higher voltage as compared to the standard supply voltage or the limits given in this sub-para, shall not be entitled to any higher voltage supply rebate; and

(iv) that in cases of joint dedicated feeder, the limits of maximum connected load and maximum contract demand as per this sub-para shall be applicable for the summation of the connected loads and contract demands of both the consumers.

Explanation.- For the purposes of this sub-para,-

(a) “dedicated feeder” means the electric supply line emanating from the substation of the licensee through which electricity is, or is intended to be, supplied to a single consumer; and 12 Compendium of HPERC Regulations, March 2021

(b) “joint dedicated feeder” means the electric supply line emanating from the sub-station of the licensee through which electricity is, or is intended to be, supplied to two consumers.

2.1.6.1(C) (i) Where the contract demand has not been applied for or sanctioned, the limit corresponding to 90% of the connected load (in kW) converted into kVA by adopting power factor of 0.9 shall be deemed as the contract demand.

(ii) The supply shall be made at the minimum voltage level at which all the relevant limits and conditions are adhered to. However, if the consumer opts for supply of power at a voltage higher than the standard supply voltage, the licensee shall allow the same excepting the cases in which there may be some constraint.

(iii) Where the connected load or contract demand is to be enhanced, the standard supply voltage under sub-para 2.1.6.1 (A) and the supply voltage under sub-para

2.1.6.1 (B) shall be redetermined as per the provisions under the said paras based on enhanced connected load and enhanced contract demand.

Explanation.- For the purposes of sub-paras 2.1.6.1(A) and 2.1.6.1(B), “special category loads” means furnace loads and mass induction heating loads and shall also include any other load as the Commission may, after taking into consideration electrical characteristics and its impact on the distribution system, by order, declare it to be a special category load]

2.1.6.2 In case, an existing consumer who is already availing on the date of the commencement of this Code a supply voltage different from the standard supply voltages as mentioned in para 2.1.6.1, the consumer shall have the option to convert to the relevant standard supply voltage; provided the conversion is from a lower voltage to a higher one. Provided further that if the consumer continues to avail supply at the existing lower voltages, he shall be and shall continue to be liable to pay lower voltage supply surcharge (LVSS) in accordance with the relevant Tariff Order.

2.1.6.3 In case, it is not possible for the licensee to provide the supply to an existing consumer, as per option exercised by him under para 2.1.6.2, at the relevant specified standard voltage due to physical or practical constraints, the licensee shall, intimate to the consumer, in writing, about his inability to do so, mentioning the reasons in brief while giving the tentative date from which it shall be possible for the licensee to provide the same and during that period the consumer shall be and shall continue to be liable to pay LVSS charges as per the relevant Tariff Order.

2.1.7 Power Factor –In order to minimize the transmission and distribution losses in the electrical system, it shall be the obligation on the part of both the licensee and the consumer to maintain an average monthly power factor, as may be provided in the relevant Tariff Order.

2.1.8 Disturbing Loads – The officer of the licensee, as designated by the licensee, shall authorize the temporary or permanent use of the welding sets in its area of supply, provided that the consumer installs the appropriate capacitor or take such other steps as may be advised by the said officer and any contravention shall be dealt with in accordance with the provisions of the relevant Tariff Order.

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2.1.9 Harmonics –

(a) The users shall comply with the harmonics standards as specified by the Authority and for voltage levels for which harmonics standards have not been specified by the Authority, the user shall comply with the standards specified in the relevant International Electrical and Electronic Engineers regulations.

(b) The licensee shall monitor the harmonic currents and voltages at EHT and HT sub-stations and also at the users premises which it considers prone to generation of harmonics. The licensee shall carry out the harmonic measurement at least once in six months at EHT sub-stations or at the premises of EHT users and at least once in twelve months at H.T.sub-stations or at the premises of H.T. user.

(c) The measurement of harmonics current and voltages generated by the user shall be done jointly by licensee and the concerned user.

(d) The licensee shall maintain the record of all the harmonic measurement and submit report to the Commission annually.

(e) Consequent to the measurement of harmonics, if it is found that the user is contributing harmonic in excess of the specified standards, a notice shall be served by the licensee to the user to rectify the violation within three months. In case of failure to comply with the harmonic standards within the notice period, the user shall be liable to pay such penalty as may be determined by the Commission. Even after imposition of penalty, if the user continues to default, then he shall be liable for disconnection of electricity supply.

2.2 Conditions of Supply

2.2.1 The existing terms and conditions of supply, whether contained in the abridged conditions of supply and/or in any sales circular, orders notification or any other document or Application and Agreement form, or communication, relating to the supply of electricity to consumer, shall, in so far as it is not inconsistent with the provisions of the Act and this Code, be deemed to be in force till the same are rescinded, amended or altered or the expiry of six months from the date of commencement of this Code, whichever is earlier.

2.2.2 Any terms and conditions of the distribution licensee, whether contained in the abridged conditions of supply and/or in any circular, order, notification or any other document, Application and Agreement form or communications, which are inconsistent with this Code shall be deemed to be invalid from the date on which this Code comes into force.

2.2.3 The distribution licensee shall, in accordance with procedure laid down in the Act, rules and regulations framed there-under within a period of six (6) months from the date of commencement of this Code, modify and update other terms and conditions of supply and all circulars, orders and any other document, Application and Agreement form or communication relating to the supply of electricity to consumers to make them consistent with the provisions of the Act, rules and regulations framed there-under and this Code:

Provided that the distribution licensee shall, at end of six months from the commencement of this Code, confirm such modification and updation to the Commission, alongwith a copy of the revised terms and conditions of the supply;

14 Compendium of HPERC Regulations, March 2021 circulars, orders, forms and documents relating to the supply of electricity to the consumers:

Provided further that any existing circulars, orders and any other document, application and agreement form or communication relating to supply of electricity to consumers not modified or updated in accordance with this Code shall be deemed to be invalid at end of six months from the date of commencement of this Code.

2.2.4 The Commission may, upon a review of the terms and conditions of supply, circulars, orders, forms and documents, submitted by the distribution licensee, direct the distribution licensee to amend or modify any para contained therein which is, in the opinion of the Commission, inconsistent with the provisions of the Act or this Code.

2.3 Classification of Consumer The classification, tariff and other conditions of supply applicable to each consumer category shall be as fixed by the Commission from time to time in the Tariff Order.

CHAPTER III MATTERS RELATED TO SUPPLY OF ELECTRICITY

3.1 Duty of licensee to supply electricity on request and procedure thereof

3.1.1 The officer, designated by the licensee, shall, on receipt of an Application and Agreement form from the applicant, give supply of electricity to the premises in accordance with and within the time specified in the Himachal Pradesh Electricity Regulatory Commission (Licensees Duty for Supply of Electricity on Request) Regulations, 2004.

1 The Application and Agreement Form will be available free of cost at the designated offices of the licensee and on its website.]

3.1.2 The licensee will also specify and standardize other supporting documents (including special agreement for street lighting and like purposes) and their format(s), to be submitted by the applicant. Details of these documents will also be available in the designated offices of the licensee as well as on its website. The Application and Agreement form along with the enlisted documents will be submitted in the designated office of the licensee.

2 [The consumer may, if he considers it expedient to do so, make online application to the licensee and deliver by post or by hand delivery 1 Subs. for the “The Application and Agreement Form will be available at the designated offices of the licensee on payment of fee as fixed by the Commission in the Schedule of General and Service Charges in the Tariff Order. A specimen of the Application and Agreement form will also be available on the website of the licensee and can be downloaded, if required, and in such a case, the fee will be paid by the applicant at the time of its filing.” vide Not. No. HPERC/438 dated 11 th June, 2014, published in the R H.P. dated 16 th June, 2014 at p. 1191- 1201. Prior to its substitution para 3.1.1, read as under:- “The officer, designated by the licensee, shall, on receipt of an Application and Agreement form from the applicant, give supply of electricity to the premises in accordance with and within the time specified in the Himachal Pradesh Electricity Regulatory Commission (Licensees Duty for Supply of Electricity on Request) Regulations, 2004. The Application and Agreement Form will be available at the designated offices of the licensee on payment of fee as fixed by the Commission in the Schedule of General and Service Charges in the Tariff Order. A specimen of the Application and Agreement form will also be available on the website of the licensee and can be downloaded, if required, and in such a case, the fee will be paid by the applicant at the time of its filing.” 2 Ins. vide Not. No. HPERC/438 dated 11 th June, 2014, published in the R H.P. dated 16 th June,2014 at p. 1191- 1201.

Compendium of HPERC Regulations, March 2021 15 the hard copy of the original Application and Agreement Form, alongwith the enlisted documents, to the licensee at its designated office.]

1 [3.1.2.1 In case of a new connection, where an applicant is unable to produce “No Objection Certificate” for seeking electricity connection, from the Statutory Authority (ies) like the Panchayat, Municipality or the Town and Country Development Authority (by whatever name called), the licensee shall not refuse electricity connection to an applicant seeking electricity connection, only for want of such “No Objection Certificate” and shall, release the electricity connection to such applicant on the submission of the undertaking/ declaration to the extent that the licensee may disconnect the electricity connection under reference, in the event of a legally binding order issued by the Statutory Authority (ies) for disconnection of supply owing to any default/non-compliance of statutory provisions. However, such connections shall be regularised by the Licensee only on the submission of the sanction letter from the concerned statutory authority of the area. This shall be without prejudice to any other rights of the licensee including that of getting its payment due as on the date of disconnection.]

3.1.3 Where an application for supply of electricity pertains to a village, hamlet or area that has not been electrified, supply of electricity in such case(s) will be made only after electrification of that village, hamlet or area as per the investment plan of the licensee, as approved by the Commission.

3.1.4 The licensee shall, after receipt and scrutiny of the Application and Agreement form, inform the applicant through a Demand Notice issued under the Himachal Pradesh Electricity Regulatory Commission (Licensee’s Duty for Supply of Electricity on Request) Regulations,2004, the initial security payable under the Himachal Pradesh Electricity Regulatory Commission (Security Deposit) Regulations,2005 and amount of the charges required to be deposited by the applicant as per Himachal Pradesh Electricity Regulatory Commission (Recovery of Expenditure for Supply of Electricity) Regulations, 2005; requirement of other supporting documents as per para 3.1.2 and/or discrepancies observed, if any, and acceptance, in writing, of the additional terms as per para 3.7 of this Code.

2 [3.1.4.1Where an Application and Agreement Form is submitted online under para 3.1.2, the demand notice, mentioned in para 3.1.4, shall be served electronically i.e.

through e-mail/SMS and its hard copy shall also be sent to the applicant/ consumer by post or by hand delivery.]

3.1.5 The terms and conditions specified in the Demand Notice once issued will not be altered except when necessitated by the change(s) in the applicable laws.

1 Ins. sub-para 3.1.2.1 vide Not. No. HPERC/438-Supply Code dated 3 rd December, 2018, published in the R H.P. dated 5 th December, 2018 at p. 6487-6488.

2 Ins. vide Not. No. HPERC/438 dated 11 th June, 2014, published in the R H.P. dated 16 th June,2014 at p. 1191- 1201.

16 Compendium of HPERC Regulations, March 2021

3.1.6 Upon making good the deficiencies and the completion of the codal formalities as indicated in the demand notice by the consumer, the licensee shall release the new electricity connection/additional load to the premises of the applicant as per the procedure laid down in the Himachal Pradesh Electricity Regulatory Commission (Licensee’s Duty for Supply of Electricity) Regulations, 2004, within the period specified therein.

1 [3.2 Power Availability Certificate

3.2.1 Where the contract demand for a new or additional load exceeds 100 kVA, the applicant will submit the feasibility clearance i.e. Power Availability Certificate (PAC) along with the Application and Agreement Form which will be available free of cost at the designated offices of the licensee and on its website.

1.2.2 The consumer shall apply for the grant of Power Availability Certificate, on payment of advance cost share towards infrastructural developmental charges, calculated @ Rs.1000 per kVA of the contract demand applied for:

2 [Provided that the advance share towards infrastructure development charges to be recovered for the grant of PAC shall not exceed the amount of infrastructure development charges recoverable by the licensee under the provisions of the Himachal Pradesh Electricity Regulatory Commission (Recovery of Expenditure for Supply of Electricity) Regulations, 2012.]

1 Subs. vide Not. No. HPERC/438 dated 11th June, 2014, published in the R H.P. dated 16th June,2014 at p. 1191- 1201 .Prior to its substitution it stood as under:- “3.2 Power Availability Certificate.–

3.2.1 Where the new or additional load exceeds 100 kW, the applicant will submit the feasibility clearance i.e. Power Availability Certificate (PAC) along with the Application and Agreement form. The form of application for feasibility clearance/PAC will be available free of cost in the designated offices of the licensee and on its website.

3.2.2 The consumer shall apply, for grant of Power Availability Certificate, on payment of –

(i) the earnest money equivalent to the 10% of the initial security as specified in the Himachal Pradesh Electricity Regulatory Commission (Security Deposit) Regulations, 2005; and

(ii) advance cost share, towards infrastructural developmental charges, calculated @ Rs.1000 per kW/kVA of the load applied for.

3.2.3 The licensee will grant the Power Availability Certificate within forty five days of the receipt of request or such extended period as approved by the Commission.

3.2.4 The Power Availability Certificate mentioned in para 3.2.3 shall be valid for a period as may be mutually agreed by the licensee and the applicant, but not exceeding three years:

Provided that the validity period may be extended from time to time as may be mutually agreed upon the applicant and the licensee.

3.2.5 The applicant may, after grant of Power Availability Certificate mentioned in para 3.2.3, submit the application to give supply of electricity to the premises and the licensee shall adjust the amount of the earnest money towards initial security payable under the Himachal Pradesh Electricity Regulatory Commission (Security Deposit) Regulations, 2005 and the advance cost share towards initial estimated amount payable under the Himachal Pradesh Electricity Regulatory Commission(Recovery of Expenditure for Supply of Electricity) Regulations,2005.

3.2.6 Where, the applicant who has been granted the Power Availability Certificate(PAC)fails to submit the application for supply within the validity period of the PAC or declines to take the supply-

(i) the earnest money paid shall forfeited ; and

(ii) the advance cost share received from the applicant shall be refunded, within thirty days, after deducting therefrom10% of the deposited advance cost share.” 2 Ins. proviso vide Not. No. HPERC/438 dated 3 rd July, 2020, published in the R H.P. dated 4 th July,2020 at p. 1293-1295 .

Compendium of HPERC Regulations, March 2021 17

3.2.3 Where the consumer submits online application, and makes online payment of advance cost share, for grant of Power Availability Certificate under para 3.2.2, he shall also submit hard copy of the application and proof of the payment made, to the licensee at its designated office, either by post or by hand delivery.

3.2.4 The licensee shall grant the Power Availability Certificate within thirty days of the receipt of application, or within such period as may be extended, with the approval of the Commission, and the licensee shall also convey such approval to the online consumer/applicant electronically i.e. through e-mail/SMS apart from sending him the hard copy of the said approval by post or by hand delivery.

3.2.5 The Power Availability Certificate mentioned in para 3.2.3 shall be valid for a period of three years or for such shorter period as may be mutually agreed upon by the licensee and the applicant:

Provided that the validity period may be extended, from time to time, as may be mutually agreed upon by the applicant and the licensee.

3.2.6 The applicant may, after grant of Power Availability Certificate mentioned in para

3.2.4, submit the application for supply of electricity to the premises and the licensee shall adjust the amount received as the advance cost share towards the amount recoverable under the Himachal Pradesh Electricity Regulatory Commission (Recovery of Expenditure for Supply of Electricity) Regulations, 2012:

Provided that if the applicant submits application for a contract demand lesser than the contract demand for which Power Availability Certificate has been issued, the amount of advance cost share shall be adjusted as under-

(a) if the applicant intends to avail the balance contract demand at a subsequent stage during the validity period of the Power Availability Certificate.

On pro-rata basis.

(b) if the applicant expresses his intention not to take supply for the balance contract demand for which Power Availability Certificate was issued.

Full amount of the advance cost share deposited by the applicant shall be adjusted after deducting therefrom 20% of the proportionate amount deposited as advance cost share in respect of such contract demand as is not to be availed.

3.2.7 Where the applicant who has been granted the Power Availability Certificate (PAC) fails to submit the application(s) or declines to take supply for the full contract demand for which Power Availability Certificate was granted, within the validity period, the advance cost share, not adjusted as per para 3.2.6, shall be refunded after deducting there from 20% of the proportionate amount of the advance cost share deposited in respect of the contract demand which is not to be availed.

Illustration.- If the Power Availability Certificate is issued for 3000 kVA contract demand, but application is submitted or supply is taken only for 2000 kVA contract demand, 20% of the advance cost share pertaining to 1000 kVA contract demand shall be deducted.

18 Compendium of HPERC Regulations, March 2021

3.2.8 The refund of the refundable amount of advance cost share as per para 3.2.7 shall be made within 30 days from the expiry of validity period or from an earlier date on which such applicant expresses his intention not to take supply for full or part of the contract demand for which the Power Availability Certificate was issued and requests for refund of such amount.]

3.3 Temporary Supply

3.3.1 The applicant requiring supply of electricity from a licensee on a temporary basis will be provided such supply on receipt of the Application and Agreement form complete in all respect as mentioned in para 3.1, subject to payment of initial security as per Himachal Pradesh Electricity Regulatory Commission (Security Deposit) Regulations,2005 and the amount payable by the applicant under Regulation 11 of the Himachal Pradesh Electricity Regulatory Commission (Recovery of Expenditure), Regulations 2005,–

(i) where no extension of distribution mains or commissioning of a new sub-station is involved, within seven days from the receipt of application;

(ii) where extension of the distribution mains or the commissioning of the new substation is involved, within the time lines as specified in the Himachal Pradesh Electricity Regulatory Commission (Licensee’s Duty for Supply of Electricity on Request) Regulations, 2004.

[

3.4 Exceptions from duty to supply

3.4.1 The period for providing supply specified in the Himachal Pradesh Regulatory Commission (Licensee’s Duty for Supply of Electricity on Request) Regulations, 2004 will not be operative where the Commission is satisfied that –

(i) the licensee is prevented from providing supply of electricity on account of cyclones, floods, storms, strike, war and other occurrences beyond his control;

(ii) delay in providing supply of electricity is on account of time taken for statutory clearances, acquisition of land, or in obtaining right of way or approval of the Chief Electrical Inspector for installations at the applicant’s or licensee’s end or for any other reason beyond the reasonable control of the licensee.

3.5 Transfer of title and provision of other service(s)

3.5.1 The applicants seeking, transfer of title, termination of agreement, change of category, conversion between various voltage classes and other services, will submit their applications alongwith the supporting documents to the designated office of the licensee. The licensee(s) will standardize the application form(s) for transfer of title, change of category, conversion between various voltage classes and the standardized list of supporting documents to be submitted by the applicants for different services. Details of these documents will also be made available in the designated offices of the licensee as well as on its website.

3.5.2 The applicant seeking services under para 3.5.1 shall pay charges as indicated in the Schedule of General Charges as contained in the Tariff Order.

Compendium of HPERC Regulations, March 2021 19

3.5.3 The licensee shall give effect to the transfer of title, change of category and conversion between various voltage classes as stipulated in Regulation 3 of the Himachal Pradesh Regulatory Commission (Licensee’s Duty for Supply of Electricity) Regulations, 2004.

3.5.4 Request made by the applicant for shifting of a meter and/or service connection for feeding the same premises or for diversion of existing lines shall be entertained by the licensee and reason(s) for the denial to service the request shall be conveyed in writing to the consumer(s).

[

3.5.5 In case the service of the request is not denied under para 3.5.4, the licensee shall examine whether the meter/service for feeding the premises or lines under reference were lawfully laid and whether the applicant was liable to pay the cost of shifting of the meter /service for feeding the premises or lines. Where such lines are lawfully laid down and the applicant is liable to pay the cost, the licensee shall estimate the cost and process the same in the manner prescribed in rule 82 of the Electricity Rules,1956:

Provided that where the service/lines have not been laid lawfully or have been laid without the consent of the owner and no compensation has been paid to the owner at the time of the execution of the service/lines, the licensee shall remove/shift such service/lines at its own cost.

3.5.6 Where the applicant requests for shifting of a meter and/or service connection for feeding the same premises or for diversion of existing lines and if required under para 3.5.5, has deposited cost thereof, the following time schedule will be observed for completing the works :-

(i) shifting of meter/service connection 7 days

(ii) shifting of LT/HT lines 20 days

(iii)shifting of transformer 30 days

3.6 Adjustment / settlement of deposits

3.6.1 The licensee shall, after release of new connection, additional load, temporary connection, transfer of title and other service(s) etc., finally settle the accounts in the manner laid down under regulation 6 of the Himachal Pradesh Electricity 5) Regulations, 2005.

3.6.2 Any consumer aggrieved by the charges/expenditure payable and/or delay/denial in providing service, may seek redressal in accordance with regulation 7 of the Himachal Pradesh Electricity Regulatory Commission (Distribution Licensees’ Standards of Performance) Regulations, 2005.

3.7 Additional terms of supply.-

3.7.1 The licensee may require any person, who has applied for supply of electricity, to accept –

(a) any restrictions imposed by the licensee in order to comply with the regulations made by the Authority under Section 53 of the Act;

20 Compendium of HPERC Regulations, March 2021

(b) any terms restricting the liability of the licensee for economic loss resulting from negligence of the consumer .

1 [3.8 Refund of initial security and charges.

3.8.1 On withdrawal of application for new connection/additional load, whether permanent or temporary, the amount received from the applicant on account of the initial security deposit under the Himachal Pradesh Electricity Regulatory Commission(Security Deposit) Regulations, 2005 and on account of the charges/costs under the Himachal Pradesh Electricity Regulatory Commission (Recovery of Expenditure) Regulations, 2012 shall be refunded to the applicant after deducting therefrom:-

(i) 10% of the initial security amount deposited by the applicant; and

(ii) the actual expenditure computed as per regulation 9 of the Himachal Pradesh Electricity Regulatory Commission (Recovery of expenditure) Regulations, 2012, by duly taking into account the deductions to be made out of all the relevant components such as infrastructure development charges, cost of service line and other exclusive works, as detailed in the said regulations:

Provided that in case of withdrawal of application for temporary connection, no deduction shall be made on account of clause (i) if no extension of distribution mains or commissioning of a new sub-station is involved.

1 Subs. vide Not. No. HPERC/438 dated 11 th June, 2014, published in the R H.P. dated 16 th June, 2014 at p. 1191- 1201. Prior to its substitution it stood as under:- “3.8 Refund of initial security and charges .–

3.8.1(a) On withdrawal of application for new connection/additional load-

(i) in case the security and the charges as mentioned in the demand notice referred to in regulation 3 of the Himachal Pradesh Electricity Regulatory Commission (Licensees' Duty to Supply Electrcity) Regulations, 2005 have been deposited by the applicant and no expenditure on works has been incurred by the licensee for supply of electricity and the applicant withdraws the application, the 10% of the initial security will be deducted by the licensee and the remaining charges for works will be refunded in full alongwith balance security;

(ii) in case where works have been taken in hand and some expenditure has been incurred by the licensee for supply of electricity and the applicant withdraws the application, the 10% of the initial security and the expenditure so incurred will be deducted from the charges deposited by the applicant and the balance amount will be refunded to the applicant along with the balance security;

(iii) in case where works for supply of electricity have been completed by the licensee and where the actual expenditure is less than the charges deposited by the applicant and the applicant withdraws the application, the 10% of the initial security will be deducted by the licensee and the excess amount will be refunded to the applicant along with the balance security; and

(iv) in case where works for supply of electricity have been completed by the licensee and where the actual expenditure is more than the charges deposited by the applicant and the applicant withdraws the application, the 10% of the initial security will be deducted by the licensee the remaining charges shall be adjusted from the balance security and if further amount is required the same shall also be recovered as stipulated under the Himachal Pradesh Electricity Regulatory Commission (Recovery of Expenditure) Regulations,2005.

(b) On withdrawal of application for temporary connection-

(i) in case of withdrawal of application for temporary connection, where no extension of distribution mains or commissioning of a new sub-station is involved the entire charges deposited by the applicant i.e. initial security and the amount payable by the applicant under Regulation 11 of the Himachal Pradesh Electricity Regulatory Commission (Recovery of Expenditure) Regulations ,2005 shall be refunded; and

(ii) in case of withdrawal of application for temporary connection, where extension of distribution mains or commissioning of a new sub-station is involved, the refund of entire charges deposited by the applicant i.e. initial security and the amount payable by the applicant under Regulation 11 of the Himachal Pradesh Electricity Regulatory Commission (Recovery of Expenditure) Regulations,2005 shall be made as on withdrawal of application for new connection stipulated under sub- clauses (i) to (iv) of sub-para (a) of this para .

(c) On termination of agreement- Where an agreement for supply of electricity is terminated as per the Conditions of Supply or provisions of this Code, the licensee will refund the initial/additional security, after making adjustments for the amounts outstanding against the consumer, within one month of the date of termination of the agreement as per the Himachal Pradesh Electricity Regulatory Commission (Security Deposit) Regulations, 2005.” Compendium of HPERC Regulations, March 2021 21

3.8.2 Where an agreement for supply of electricity is terminated as per the Conditions of Supply or provisions of this Code, the licensee will refund the initial/additional security, after making adjustments for the amounts outstanding against the consumer, within one month of the date of termination of the agreement as per the Himachal Pradesh Electricity Regulatory Commission (Security Deposit) Regulations, 2005.]

1 [3.9 Delay to take supply or avail contract demand.—In some cases the applicant may wish to build up the load in phases but requests for sanction of total contract demand in advance so as to avoid the need for completing the formalities for repeated extensions of load and also to facilitate supply arrangements for the total demand envisaged for the ultimate scenario. In such cases the following shall apply:—

(i) the licensee may, upon receipt of request from the applicant, sanction the total contract demand which is likely to come up as per the applicant's request;

(ii) the licensee shall make the arrangements for the total contract demand so sanctioned after recovery of the charges corresponding to such total contract demand;

(iii) after completion of the works required for supply of electricity to the applicant for the total sanctioned contract demand, the licensee shall issue a notice of 60 days to the applicant intimating its readiness to supply the total sanctioned contract demand; and

(iv) in such cases the demand charges based on the tariff order shall be charged (during the interim period) on the following lines:— 1 Subs. vide Not. No. HPERC/Secy/438 dated 3 rd July,2020, published in the R H.P. dated 4 th July,2020, at p. 1293-12. prior to its substitution it stood as under:- 1[3.9 Delay to take supply or avail contract demand

3.9.1 In case of supplies involving two part tariff, where the licensee has completed the work required for supply of electricity to an applicant, but the applicant is not ready or delays to receive supply of electricity or does not avail the full contract demand, the licensee shall, after a notice of sixty days, charge the demand charges on the sanctioned contract demand at the rates given in the relevant tariff order subject to following limits – S. No. Description Minimum limit

(i) For initial 1[twelve months] from the expiry of notice period or date of release of connection, whichever is earlier;

Maximum demand actually availed, if any.

(ii) For next six months; Maximum demand actually availed, if any, or 30% of the total sanctioned contract demand, whichever is higher.

(iii) After expiry of the period provided in item (ii) above;

Maximum demand actually availed, if any, or 50% of the total sanctioned contract demand, whichever is higher.

1[Provided further that where the delay in taking connection is considered to be beyond the reasonable control of the applicant, the authority designated by the distribution licensee, which shall not be lower than the rank of the concerned load sanctioning authority for the respective categories of loads, may, on the request from the applicant, relax, with suitable conditions, the time limits, specified in Column (2) in the table against Serial Nos. (i) and (ii) to the extent it may consider appropriate].

S.

No.

Description Minimum limit

1. Upto the end of billing month in which the notice period of 60 days expires.

Maximum demand based on the data of actual consumption, if any.

2. For next 12 billing months Maximum demand based on the data of actual consumption, if any; or 67.5% of the contract demand corresponding to the test report(s) submitted from time to time; whichever is higher.

22 Compendium of HPERC Regulations, March 2021

Provided that the chargeable demand limits, as given in items 2, 3 and 4, shall not be further decreased on account of tariff provisions relating to charging of demand charges for lesser quantum of demand due to non utilization or temporary reduction of total sanctioned contract demand:

Provided further that the term contract demand corresponding to the test report(s) submitted by the consumer shall be construed to mean the contract demand as may requested for by the consumer while submitting the test report(s) or the connected load (KW) as per the test report (KW converted into kVA by considering Power Factor of 0.9) whichever is lower:

Provided further that in case of violation of the contract demand corresponding to the test report(s), the contract demand violation charges as per the tariff order shall be applicable:

Provided further that in case where the Licensee has not issued the notice about its readiness to supply the total sanctioned contract demand as per clause (iii) above, the billing for the periods falling under serial number 3 and 4 in the above table shall also be done in the same manner as specified for serial number 2 till the expiry of 24 months from the date of release of connection thereafter provisions of serial number 5 shall be applicable:

Provided further that the schedule of tariff applicable for the total sanctioned contract demand shall be applicable for the interim periods also ( i.e. as per serial number 1 to 4 of the above table).

Note.—(1) The provisions of this para shall not be applicable in cases where theapplicant submits or undertakes to submit the test report(s) for 80% (or more) for the total sanctioned connected load/total sanctioned contract demand before the release of connection.

(2) In case the consumer after taking the connection as per the provision of this para 3.9, submits the test report(s) for 80% (or more) of the total sanctioned connected load/total sanctioned contract demand, at any stage

3. For next 6 billing months Maximum demand based on the data of actual consumption, if any; or 67.5% of the contract demand corresponding to the test report(s) submitted from time to time; or 30% of the total sanctioned contract demand; whichever is higher.

4. For next 6 billing months Maximum demand based on the data of actual consumption, if any; or 67.5% of the total sanctioned contract demand; whichever is higher.

5. For the period beyond the expiry of time limit under Sl. No.4 above.

As per the normal provisions based on the total sanctioned contract demand alongwith the facility of temporary contract demand:

Compendium of HPERC Regulations, March 2021 23 before the expiry of the permitted period(s) as per the table above, the provision of this para shall cease to be applicable from the date on which such test report(s) are verified and accepted by the licensee.]

1 [3.10 Temporary revision of contract demand

3.10.1 The consumers to whom two part tariff is applicable shall be entitled to revise their contract demand within the total sanctioned contract demand without surrendering their lien of the total sanctioned contract demand, subject to the following condition-

(a) that the consumer shall not reduce the contract demand to lesser than 50% of the total sanctioned contract demand subject to a further condition that the contract demand shall not be reduced below the lowest limit of contract demand as per the tariff category (or any sub-category thereof) applicable to him:

2 [Provided that the consumer shall not be eligible for temporary revision of contract demand to a value other than the full sanctioned contract demand for a total period of more than six months in one financial year:

Provided further that in cases involving part period of a year e.g. if a consumer takes the connection, or the consumer gets his permanent sanctioned contract demand revised, during the middle of a year, the adjustments shall be made on pro-rata basis.

Note.— The Distribution Licensee shall, immediately after the publication of the Himachal Pradesh Electricity Supply Code (Second Amendment) Regulations, 2018, in the Rajpatra, Himachal Pradesh, issue suitable detailed procedural instructions within the framework of the above provisions to its field units for the smooth implementation of aforesaid provisions w.e.f 01-04-2019.]

(b) that the consumer shall not be entitled to revise the contract demand more than twice a year subject to the condition that the time gap between two successive revisions shall not be less than 3 months;

(c) that the consumer shall give a notice of at least one month to the licensee before revising the contract demand under this mechanism. Even though the consumer shall not be required to obtain any sanction from the licensee for change in contract demand under this mechanism, he, so as to avoid the disputes, shall ensure that the notice(s) for such revision are duly served by him upon the licensee through registered post or through courier service or is delivered by hand against signed receipt therefor;

(d) that in cases where the contract demand is reduced under this mechanism, such reduced contract demand shall be applicable for billing purposes; and

(e) that in cases where the consumer gets his contract demand reduced permanently, the limit under clause (a) shall be considered with respect to such reduced contract demand, but such reduction shall not be considered to have been made under this mechanism and the time gap of 3 months as per clause (b) shall be reckoned from the date from which the demand was last revised under this mechanism.

1 Ins. vide Not. No. HPERC/438 dated 11 th June, 2014, published in the R H.P. dated 16 th June,2014 at p. 1191- 1201.

2 Sub. for sign “;” and Ins. proviso vide Not. No. HPERC/Secy/151 dated 31 st July, 2018, published in the R H.P. dated 7 th August, 2018 at p. 3754-3755.

24 Compendium of HPERC Regulations, March 2021

Illustration.- If a consumer who is having sanctioned contract demand of 10 MVA temporarily revises the contract demand to 6 MVA w.e.f. 01.08.2014 under this mechanism but gets his sanctioned contract demand permanently reduced to 8 MVA w.e.f. 01.09.2014, he shall have to pay charges based on 6 MVA contract demand till 31.10.2014 (i.e. till the expiry of 3 months period from the date at which the contract demand was last revised i.e. from 01.08.2014).

However, if the contract demand is to be reduced permanently to lesser than 6 MVA (say 4 MVA as on 01.09.2014), the demand charges would have been based on a contract demand of 4 MVA during the period upto 31.10.2014.]

CHAPTER-IV METER & METERING EQUIPMENT

4.1 Requirement of Meters

4.1.1 The licensee will not supply electricity to any person, except through installation of a correct meter in accordance with the Central Electricity Authority (Installation and Operation of Meters) Regulations, 2006 made under Section 55 of the Act.

4.2 Supply and installation of meters.–

4.2.1 The licensee will supply the meter and/or metering equipment to the applicant at the time of release of a new connection or at any other time as required by the consumer who will pay the monthly rental for such equipment at rates approved by the Commission and specified in the Schedule of General Service Charges of the relevant Tariff Order.

The consumer may, if he so elects, obtain his own meter and / or metering equipment of the make(s) and specifications, as per the Central Electricity Authority (Installation and Operation of Meters) Regulations,2006 and the same, after getting duly tested and sealed at the licensee’s laboratory, be installed by the licensee. In such a case the licensee will not charge any monthly rental for the meter/metering equipment and it shall, after it is permanently removed from the licensee’s system, be treated as the consumer’s asset.

4.2.2 Meters will be installed at the consumer’s premises according to mutual convenience of the licensee and the consumer. The consumer will be responsible for the protection of the meter from theft or damage and he shall promptly inform the licensee about any fault, accident or defect whatsoever, noticed by him:

Provided that if the supply to an HT/ EHT Consumer is given from a dedicated feeder for his exclusive use, the meter and metering equipment may be installed at the licensee’s sub-station.

4.2.3 The licensee may require a meter to be installed outside the premises of a consumer and in such an event, the entire cost of installing the meter outside the premises and providing a display unit within the premises will be borne by the licensee. However, the cost of display unit will be treated as part of the meter cost while determining meter rentals. In a case where the meter/metering equipment is installed by the licensee outside the premises of a consumer, the meter shall be protected by an appropriate enclosure for protection of at least IP class 55 and the consumer will not be responsible for the protection of the meter from theft or damage.

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4.2.4 In the case of multi story buildings/apartments, meter/metering equipment may be installed near the entrance of the building or at any other mutually agreed convenient common space, provided that the cost of installation from the premises of a consumer to the common space is borne by the owner or an association/society of occupants/ owners. In such a case, the owner or association/society would also be required to ensure protection of the meter/metering equipment from theft or damage.

4.2.5 Wherever new meter/metering equipment is installed, the meter will be sealed by the licensee in the presence of the consumer, as provided in the regulations framed by the Authority. The licensee will cast no liability on the consumer in case of delay in affixing of the seals. Only the licensee will remove the seals of the meter, as and when required and no consumer will tamper with, break or remove the seal(s) under any circumstances.

4.3 Testing of Meters

4.3.1 It will be the responsibility of the licensee to satisfy itself regarding the accuracy of a meter before it is installed at the consumer premises.

4.3.2 The licensee shall maintain such number of accredited testing laboratories as per the standards prescribed by the National Accreditation Board for Testing and Calibration Laboratories (NABL) as the Commission may require and all such laboratories will at least be equipped with testing equipment as provided in the regulations framed by the Authority under Section 55 of the Act.

4.3.3 After testing in the laboratory, the body of the meter will be duly sealed by an officer(s) authorized by the licensee.

4.3.4 The licensee may also conduct periodical inspection/testing of the meters installed at the consumer’s premises as per Central Electricity Authority (Installation and Operation of Meters) Regulations, 2006 made under Section 55 of the Act.

4.3.5 The Commission may also require the licensee to undertake third party testing of meters/metering equipment installed at the consumers’ premises.

4.4 Defective Meters

4.4.1 The licensee will check and have the right to test any meter and metering equipment installed at a consumer’s premises if there is a reasonable doubt about its accuracy and the consumer will provide the licensee all necessary assistance in conducting the test. The consumer will have the right to be present during such testing.

4.4.2 (a) A consumer may request the licensee to test the meter/metering equipment installed in his premises, if he doubts its accuracy. The licensee will undertake such site testing within seven days on payment of fee as specified in the Schedule of General Charges approved by the Commission.

(b) If, after testing, the meter is found to be defective then the fee deposited in accordance with sub-para (a) will be refunded by adjustment in the electricity bills for the immediately succeeding months. In case, the meter is found to be correct then the licensee will not refund such fee.

4.4.3. In case a consumer is not satisfied with the site testing of the meter installed in his premises or the meter cannot be tested by the licensee at site then the meter will be removed and packed for testing in the laboratory of the licensee and another duly 26 Compendium of HPERC Regulations, March 2021 tested meter will be installed at the premises of such a consumer. In the event the licensee or the consumer apprehends tampering of meter and/or its seals then the licensee and the consumer will jointly seal the packing containing the meter. The seals will be broken and testing undertaken in the laboratory of the licensee in the presence of the consumer, if he so desires.

4.4.4. In case of testing of a meter, removed from the consumer premises for the purpose of testing in the licensee’s laboratory, the consumer would be informed of the date of testing at least seven days in advance. The signature of the consumer, or his authorized representative, if present, would be obtained on the Test Result Sheet and a copy thereof shall be supplied to the consumer.

4.4.5 (a) Subject to the provisions in sub para (b), in case a meter installed at a consumer’s premises gets burnt/ broken/ defective or stops functioning, a new tested meter will be installed within the time lines specified in the schedule to the Himachal Pradesh Electricity Regulatory Commission (Distribution Licensees' Standard of Performance) Regulations, 2005. If the meter gets burnt, broken or damaged due to reasons attributable to the consumer, the licensee will debit the cost of the meter (if provided by the licensee) to the consumer who will also be informed about his liability to bear the cost.

(b) in case of failure of supply due to the burnt, broken, damaged or defective meter, the licensee shall endeavour to restore the supply on the same day by way of installation of new tested meter.

4.4.6 In case where a meter installed at a consumer’s premises is reported to have been stolen and the FIR to this effect has been lodged by the consumer, supply of electricity will be immediately restored by the licensee at consumer’s request by installing another tested meter and the cost of the meter shall be recovered from the consumer through electricity bills for the immediate succeeding months.

4.4.7 In respect of the consumer owned defective/burnt/broken meter, the replacement shall be made by way of a licensee owned meter till such time the consumer provides a new meter duly tested as per para 4.3 and the same is installed as per provisions of this Code.

4.4.8 Overhauling of consumer accounts –

(i) If a meter on testing is found to be beyond the limits of accuracy as specified in the regulations framed by the Authority under Section 55 of the Act, the electricity charges for all categories of consumers will be computed in accordance with the said test results for a period of six months immediately preceding -

(a) the date of test in case the meter has been tested at site to the satisfaction of the consumer ; or

(b) the date the defective meter is removed for testing in the laboratory of the licensee where such testing is undertaken at the instance of the licensee ; or

(c) the date of receipt of request from the consumer for testing a meter in the laboratory of the licensee.

Any evidence provided by the consumer about conditions of working and/or occupancy of the concerned premises during the said period(s) which Compendium of HPERC Regulations, March 2021 27 might have a bearing on computation of electricity consumption will, however, be taken into consideration by the licensee.

(ii) The accounts of a consumer will be overhauled for the period a burnt/defective meter remained at site, on the basis of energy consumption of the corresponding period of the previous year after calibrating for the changes in load, if any. In case the average consumption for the corresponding period of the previous year is not available then the consumer will be tentatively billed for the consumption to be assessed in the manner indicated in para 4 of Annexure-A and subsequently adjusted on the basis of actual consumption in the corresponding period of the succeeding year.

(iii) If a consumer is liable to pay an additional amount or is entitled for a refund in consequence of an overhaul of his account in accordance with sub- paras

4.4.8 (i) and (ii), the licensee will effect recovery or adjust the excess amount in the electricity bills of the immediately succeeding months.

CHAPTER- V BILLING

5. 1 Recovery of electricity charges from consumers

5.1.1 The licensee will recover from a consumer-

(a) any charges due to him in respect of the supply of electricity or for the provision of electric line or electrical plant, as per the provisions of the Himachal Pradesh Electricity Regulatory Commission (Recovery of Expenditure for Supply of Electricity) Regulations,2005;

(b) all such charges for electricity/electrical equipment supplied as per the tariff determined or charges approved by the Commission in accordance with the provisions of the Act and the regulations framed thereunder;

(c) any additional charges leviable relating to the supply of electricity as per conditions of supply in force and the amount which becomes due under Himachal Pradesh Electricity Regulatory Commission(Security Deposit) Regulations,2005.

5.1.2 Consumers will also be liable to pay the amounts chargeable by way of taxes, duties, octroi, cess and the like as may be levied by the State Government or any other competent authority.

5.2 Electricity bills

5.2.1 The licensee shall issue bills to the consumers for the electricity supplied or for services rendered for every billing cycle and all the consumers will effect payments to the licensee within the time specified in para 5.3 at the designated offices of the licensee or any other place designated by the licensee for the purpose.

1 [5.2.1.1 Monthly billing cycle shall be applicable in urban areas including industrial areas, District headquarters, Municipal Corporation area, Municipal Council areas, Nagar 1 Subs. for Explanation to sub-para 5.2.1, vide Not. No. HPERC/438 dated 11 th June, 2014, published in the R H.P. dated 16 th June, 2014 at p. 1191- 1201. Prior to its substitution it stood as under:- 28 Compendium of HPERC Regulations, March 2021 Panchayat areas, Special Area Development Authority areas, and for the other areas, except for tribal and difficult areas as notified by Government of Himachal Pradesh under the policy for transfer of employees, the billing cycle shall be bimonthly. In case of the tribal and difficult areas the billing cycle shall be bimonthly, except for the winter months for which the billing cycle shall not be of more than 4 months.

5.2.1.2 Where billing cycle is of more than one month, the consumer shall have option to pay, monthly or periodic charges, on average or estimated consumption charges basis or any other basis without waiting for bills to be issued. Such amount will be treated as advance and adjusted in the regular bills to be issued subsequently.]

5.2.2 When supply of electricity to a new consumer is commenced in the middle of a billing cycle, the fixed charges, minimum charges and/or any other similar charges will be levied pro-rata for the number of days for which supply is given during the billing cycle.

5.2.3 The consumers will pay on a pro-rata basis in case any tariff/other charges are made applicable in the middle of a billing cycle.

5.2.4 In the event of supply of electricity to any category of consumers being fully or partially subsidized by the State Government, the State Government in the manner specified by the Commission will effect payment of electricity subsidy charges for such consumers to the licensee.

5.2.5(a) A consumer bill will disclose the periodicity of billing, date when the meter was read, the date of issue of bill, the due date for payment and the additional amount payable in case payment is delayed. The bill will also include other particulars as detailed in Annexure- B.

(b) The bill for arrears, in case of underassessment or the charges levied as a result of checking etc., will be initially tendered separately, indicating in bill the nature, period of arrears, the number and amount of installments allowed and the arrear will not be clubbed with the current electricity bill. Subsequently the amount of said arrear bill shall be reflected in the next billing cycle till not paid. For purpose(s) of action(s) of licensee on non-payment of billed amount, the arrear amount shall be accounted as per of final bill due of any billing cycle.

1 [However in case any amount of the bill is disputed by the consumer, such disputed amount as well as the late payment surcharge thereon shall also be reflected, and continue to be reflected, separately in the ledgers, till such time such amount remains unpaid/unsettled, so that total updated quantum of such disputed amount is readily available. Such details shall be made available to the consumer on request.]

5.2.6 The meter of a consumer will be read on the specified days in a billing month/period and such days will be publicised in advance. However, where meter is installed outside the consumer’s premises and a display unit installed inside the premises, the “Explanation.- For the purpose of this sub-para the expression “billing cycle” shall be the period as specified in regulation 5 of the Himachal Pradesh Electricity Regulatory Commission (Security Deposit) Regulations ,2005.” 1 Added vide Not. No. HPERC/438 dated 11 th June, 2014, published in the R H.P. dated 16 th June,2014 at p. 1191- 1201.

Compendium of HPERC Regulations, March 2021 29 readings of the consumer meter and not the display unit will be taken into account for billing purposes.

5.2.7 A meter reading card will be provided by the licensee to each consumer which will be readily available at the premises where a meter is installed and the meter reader will, except in case of remote reading, enter the meter reading and the date thereof in the said meter reading card. Any officer/ functionary authorized by a licensee who cross-checks meter readings or replaces a meter and/or its seals will also record the changes in the reading, meter and/or its seals, as the case may be, in the meter reading card.

5.2.8 The bill will be delivered to the consumer immediately in case of spot billing and in other cases within a period not exceeding twenty-one days from the date of meter reading.

5.2.9 The electricity and/or arrear bills (hereinafter referred as bills unless otherwise specifically stated) will be sent to the consumers, other than the HT/EHT category, either by post or by hand delivery and in case of HT/EHT consumers, either under certificate of posting or by hand delivery. The fact of despatch of bills to consumers of a particular area will be displayed on the notice board at the designated office of the licensee. The loss of the bill in transit if sent by post will not be the responsibility of the licensee. In case of hand delivery, record of delivery of the bill will be maintained at the designated office of the licensee.

1 [However, the licensee shall, for delivery/intimation of bills adopt fastest, cost effective, reliable and assured mode such as electronic mode like e-mail and SMS.]

5.2.10 The licensee’s designated offices will maintain facilities to provide duplicate bills, at charges as fixed by the Commission from time to time in the Tariff Order, immediately on request from a consumer. Non-receipt of the bill, however, will not entitle a consumer to delay payment beyond the due date.

5.2.11 The licensee will issue the first bill for a new connection, released during a billing cycle, before the end of the next billing cycle. In case a consumer does not receive the first bill by the end of the next billing cycle, he will inform the officer/functionary in-charge of designated office of the licensee who will arrange for issue of the bill within ten days.

5.2.12 It will be the responsibility of the owner of a premises to get a special reading done by the licensee at the time of change of occupancy or on the premises falling vacant.

The owner or occupier may request the licensee in writing for a special reading at least 15 days in advance of such a change. The licensee will arrange a special reading and deliver the final bill, including all arrears till the date of billing, within 7 days of the meter reading. The final bill will also include payment for the period between the date of special reading and the proposed vacation of the premises on a pro-rata basis on consumption pattern of the current billing cycle.

1 Added vide Not. No. HPERC/438 dated 11 th June, 2014, published in the R H.P. dated 16 th June, 2014 at p.1191- 1201.

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5.2.13 If a consumer vacates any premises to which electricity has been supplied by a licensee without paying all charges due from him in respect of such supply, or for the provision of an electricity meter, electric line or electrical plant, the licensee may refuse to give him supply at any other premises until he pays the amount due. It shall be obligatory on the part of each licensee to publish the identity of such defaulting consumers for information of other licensees.

1 [xxxxxxxxxx] 2 [5.2.13A The licensee will also be entitled to recover, in addition to the charges recoverable by it under the Himachal Pradesh Electricity Regulatory Commission (Recovery of Expenditure for Supply of Electricity) Regulations, 2012 and any other relevant regulations for providing connection and supply, the outstanding amount against the previous consumer from the next owner/occupier of the premises subject to a maximum limit of the amount equal to the average billing for two months worked out on the average for past twelve months immediately prior to the temporary disconnection of the previous consumer:

Provided that in case the connection/supply is sought to be released in the name of the original consumer or owner or their legal heirs, the entire outstanding amount shall be recovered before release of new connection or release of supply for the premises:

Provided further that the amount to be recovered on this account shall not exceed the total updated outstanding amount, including the interest after permanent disconnection, but after adjustment of the security deposit of the previous consumer:

Provided further that the Licensee shall recover the balance outstanding amount, if any, after adjustment of the amount recovered from the new occupier, through any other means available to it:

Provided further that in case the connection is released after recovery of earlier dues from the new applicant/consumer and the licensee, after resorting to appropriate remedies, recovers the full or part of the dues from the previous consumer/owner or occupier of that premise, the amount so recovered shall be adjusted against the expenses incurred to recover such dues as well as the balance outstanding dues against the original consumer, not recovered from the new consumer, and the balance if any after such adjustment shall be refunded to the new consumer/owner or occupier from whom the dues have been recovered:

Provided further that in cases where the new consumer avails the relief in the infrastructure development charges payable by it as per the special provisions of the Himachal Pradesh Electricity Regulatory Commission (Recovery of Expenditure for Supply of Electricity) Regulations, 2012 whereunder the payment of entire outstanding dues is a precondition, the provisions of this sub-para shall not be applicable and in such cases the relevant provisions of HPERC (Recovery of Expenditure for Supply of Electricity) Regulations, 2012 shall have overriding effect.]

1 Omitted the word “The licensee will not be entitled to require payment