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The Arunachal Pradesh Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 180 Vol. XVIII, Naharlagun, Wednesday, November 9, 2011, Kartika 18, 1933 (Saka)

ARUNACHAL PRADESH STATE ELECTRICITY REGULATORY COMMISSION

NOTIFICATION

The 8^th November, 2011

FEE REGULATIONS - 2011

No. APSERC/NOTIFICATION/4/2011 - Arunachal Pradesh State Electricity Regulatory Commission in exercise of the powers conferred by sub-section (1) and clauses (zo) and (zp) of sub-section (2) of section 181 read with clause (g) of sub-section (1) of section 86 and sub-section (1) of section 127 of the Electricity Act, 2003 (36 of 2003) and all powers enabling it on that behalf :after previous publication, hereby makes the following regulations,

CHAPTER I – GENERAL

1. Short title, commencement and interpretation:-

• (1) These Regulations may be called the Arunachal Pradesh State Electricity Regulatory Commission (Fees) Regulations, 2011.
• (2) These Regulations extend to the whole of the State of Arunachal Pradesh.
• (3) These Regulations shall come into force on the date of their publication in the State's official Gazette .

2. Definitions:-

• (1) In these Regulations, unless the context otherwise require:

• (a) 'Act' means The Electricity Act 2003 (No. 36 of 2003);

• (b) 'Company' means a company formed and registered under the Companies Act 1956 and shall include a Government Company in the Power Sector ;

• (c) 'Chairperson' means the Chairperson of the Commission;

• (d) 'Commission' means the Arunachal Pradesh State Electricity Regulation Commission constituted under section 82 of the Act ;

• (e) "Licensee" means a person who has been granted a license under Section 14 of the Act., which shall include deemed licensees under proviso one to five of Section 14 of the Act.;

  • (f) 'Member' means a member of the Commission;
  • (g) 'Officer' means an Officer of the Commission;
  • (h) 'Petition' shall include all petitions, complaints, appeals, replies, rejoinder, supplemental pleadings and other papers and documents filed before the Commission;
  • (i) 'Proceedings' means proceedings of all nature that the Commission may decide to initiate or hold in the discharge of its functions under the Act but any preliminary meeting or any action done by the Commission before such initiation shall not be a proceeding for the purposes of these Regulations;
  • (j) 'Receiving Officer' shall mean the officer designated by the Chairperson for receiving the Petition;
  • (k) 'Secretary' means the Secretary of the Commission;
  • (l) 'State Government' means the Government of the State of Arunachal Pradesh;

• (2) Words and expressions used and not defined in these Regulations but defined in the Act shall have the meanings respectively assigned to them in the Act.

3. Fees on Pétitions, Applications etc :

• 3.1 Every petition/application etc. filed before the Commission shall be accompanied by the fee as specified in the 'Schedule of Fees'. .
• 3.2 No fees under these Regulations shall be payable on the applications made by the state Load Dispatch Centre.
• 3.3 The fee shall be payable by Account payee draft/pay order/banker's cheque payable at Naharlagun in favour of the Arunachal Pradesh State Electricity Regulatory Commission. Payment in cash may be accepted up to an amount of Rs. 1000/- (Rupees One Thousand) in each case.

4. Conjunction with other Regulations of the Commission :

These Regulations shall be read in conjunction with the provisions of the 'Conduct of Business Regulations '2011 of the Commission, Regulation13, Regulation13and Regulation13 in particular..

5. Categorisation :

For the sake of convenience and easy reference the different Fees under the Regulations in the Schedule are categorized as below :

• i) Fees to be paid with Application for a Licence or for exemption :

• ii) Annual licensing fee to be paid by the Licensee :

• iii) Fees for determination of Tariff:

• iv) Fees for Approval of Power Purchase Agreement (to be charged from Generating companies)

• v) Fees for adjudicating any dispute regarding 'open access' within the scope of Section 9 (Captive Generation) of the Act

• vi) Fee Review of Tariff orders/General orders:

• vii) Fee to be paid with application /petition for adjudicate disputes/grievances

• viii) Fee on petitions/applications not otherwise covered in this Schedule

• ix) Other miscellaneous charges

6. Fees payable to Load Dispatch Center

The fees payable to State Load Dispatch Centre by the Generating Companies and Licensees engaged in Intra State Transmission of electricity as stipulated under sub-section (3) of section 32 of the Act shall be decided by the Commission from time to time or shall be specified by separate regulations.

7. Inclusion in tariff

The Licensee shall be entitled to take into account any fee or charge paid by it under these Regulations as an expense in the determination of tariff, provided that any penalty paid under the provisions of the Act shall not be allowed as an expense in the determination of tariff.

8. Utilisation of the amounts:

The Commission shall be entitled to utilise the amounts deposited with the bank for the discharge of its functions. Unutilized amount in a financial year, if any, may be utilized in the succeeding financial year.

9. Power to amend:

The Commission may, at any time, and in its sole discretion vary fee structure and fees specified herein and/or alter, modify, add, delete or amend any provisions of these Regulations by a general or special order notified in the Official Gazette of the Arunachal Government after previous publication .

10. Power to remove difficulties:

If any difficulty arises in giving effect to any of the provisions of these Regulations, the Commission may, by general or special order, from time to time,. pass appropriate orders not being inconsistent with the provisions of the Act, as may appear to be necessary or expedient for removing the difficulty,

(By the Order of the Commission)

Sd/-

Secretary

Arunachal Pradesh State Electricity Regulatory Commission

Schedule of the Fees

(Reference- Regulation 3.1)

I. Fees to be paid with applications for Licence or for Exemption:

II. Annual Licence Fee to be paid by Licensees including a deemed licensee :

Notes:1. Allocated capacity in respect of a transmission licensee means the capacity considered in the Tariff Order of the Commission for the relevant year for computation of transmission charges.

1. The annual fees are payable within 15 days of the commencement of a financial year. Any delay shall attract a penalty of 1.5% per month or part thereof.

III. Fees to be paid for determination of tariff:

IV. Fee for Approval of Power Purchase Agreement (to be charged from Generating companies concerned) which relates to Renewable and Non-Conventional sources of energy

V. Fee for adjudicating any dispute regarding 'open access' within the scope of Section 9 (Captive Generation) of the Act

VI. Fee Review of Tariff orders/General orders:

VII. Fees to be paid along with petitions for adjudication of disputes/grievances:

VIII. Fee on other petition/ application not otherwise covered in this schedule

IX. Other Miscellaneous charges.

(By the Order of the Commission)

Sd/-

Secretary

Arunachal Pradesh State Electricity Regulatory Commission