APERC - Regulations

ANDHRA PRADESH ELECTRICITY REGULATORY COMMISSION
Lr.No.APERC/Secy/D.No.115/99
(Regulation No 1 , Dated 17-06-1999)
In exercise of the powers conferred by the Section 32 and Subsection (2)(h) and (1) of Section 54 of the A.P.Electricity Reform Act,1998 (Act 30 of 1998), the A.P.Electricity Regulatory Commission makes the following regulations,prescribing the guide lines in respect of constitution of Commission Advisory Commission (CAC) and its functions. ANDHRA PRADESH ELECTRICITY REGULATORY COMMISSION (Constitution of Commission Advisory Committee (CAC) and its functions) Regulations 1999.
1. Short title and its commencement:
	1.1 These Regulations may be called the Andhra Pradesh Electricity Regulatory Commission (Constitution of Commission Advisory Committee and its functioning) Regulations 1999. 1.2 They shall come into force on the date of their publication in the Andhra Pradesh Gazette
2. Establishment of the Commission Advisory Committee.
	2.1 Identification of CAC Membership The Commission shall develop a list of potential candidates to serve on the CAC which reflects a balance of the various interest groups listed below pursuant to Section 32 (1) of the Act. While nominating preference will be given to candidates with significant technical understanding of the electricity sector. a. Representatives of Holders of supply licence in the State b. Representatives of Holders of Transmission licence in the State c. Representatives of Generating companies operating in the State d. Representatives of Commerce in the State e. Representatives of Industry in the State f. Representatives of Transport in the State g. Representatives of Agriculture in the State h. Representatives of Labour employed in the Electricity Supply Industry in the State i. Representatives of consumers of Electricity in the State 2.2 A list indicating the nominations / choice of the Commission in each category shall be presented to the Government of A.P along with explanatory note on the basis of nomination. After obtaining the views of the government of A.P. the Commission shall finalise a list of candidates for appointment to the CAC. 2.3 Members of the CAC shall be nominated for three year terms and one third of the members shall retire annually. 2.4 A member who fails to attend three consecutive meetings of the committee without prior intimation to the Commission and without valid reasons for his absence shall forthwith cease to be a member of the committee. 2.5 Pursuant to Section 32 (2) of the Act, the Chairman and members of the Commission shall be ex-officio Chairman and members of the Commission Advisory Committee.
3. Functions of the CAC
	3.1 Pursuant to Section 32(5) of the Act functions of the CAC are, as follows: 3.1.1 to advise the Commission on major questions of policy, relating to the electricity industry in the state and 3.1.2 to advise the Commission on any matter which the commission may put before it including matters relating to the quality, continuity and extent of service provided by the Licensees and compliance by Licensees with the conditions and requirements of their licenses. 3.2 To advise the Commission pursuant to Sections 33(1) and 34(1) of the Act, on: (i) customers rights, (ii) standards of performance, (iii) publication of and reporting on such standards, and (iv) circumstances in which licensees are to be exempted from any requirements of the regulations, prior to the Commission framing Regulations on these matters. 3.3 To advise the Commission in a General Tariff Proceeding pursuant to Section 26 (9) of the Act.
4. Secretary of the CAC
	4.1 The Secretary of the Commission shall be the Secretary of the CAC. He shall not be entitled to any extra remuneration on account of such work. 4.2 It shall be the duty of the Secretary to the CAC to convene meetings of the CAC and to give to the members thereof not less than 14 days notice in writing of the date, time and place of the proposed meeting, provided that the Chairman, if he so considers necessary, may reduce the period of notice in case of meetings convened to transact any urgent business.
5. Commission Advisory Committee's interaction with the Commission.
	5.1 Pursuant to Section 32 (5) of the Act, the CAC shall perform an advisory role for the Commission. 5.1.1 The suggestions / advice of the members of the Committee are to be invariably made in course of meetings of the Committee or in writing. 5.1.2 The proceedings of every meeting of the CAC shall be recorded in a minute book to be kept for the purpose and shall be signed by the Chairman of the meeting at that or at the next succeeding meeting. 5.1.3 Quorum - The quorum for a meeting of the CAC shall be six. All recommendations shall be by a majority of opinion. 5.1.4 Conduct of business in the meeting s of the CAC.
		1. Pursuant to Section 32 (4) of the Act, the CAC shall meet at least once in every three months. 2. If there is no quorum within 25 minutes of the time appointed for meeting, no meeting shall be held and the Chairman of the meeting may adjourn the meeting to a specified date. 3. No further notice need be given for an adjourned meeting. 4.If at any time during the progress of the meeting after its commencement there is no quorum, it shall not be dissolved but shall continue to be held. 5. No Quorum shall be necessary at an adjourned meeting. 6. No matter shall be considered at an adjourned meeting other than matters left over at the meeting from which the adjournment took place, provided that the Chairman may bring or direct to be brought any new matter which in his opinion is urgent, before an adjourned meeting of the CAC with or without notice. 7. No proceedings of the CAC shall be invalid by reason merely of a vacancy / vacancies existing in the committee or by any reason of non -receipt of the notice or the agenda paper provided it was duly issued or by reason of any irregularity in the conduct of the business of the meeting. Explanation - A notice shall be deemed to be duly issued if it is sent within prescribed time to the registered address of a member by post or by messenger. 8. Every member shall have one vote. 9. The Chairman of any meeting may direct any member of the CAC whose conduct at the meeting is, in his opinion, dis-orderly to withdraw and any such member so ordered shall be deemed to have withdrawn from the meeting.. 10. In cases not expressly provided for in these rules for the conduct of a meeting the decision of the Chairman presiding at the meeting on all matters relating to the conduct of business at the meeting shall be final.

	5.1.5 Chairman of meeting - The Chairman of the CAC shall preside at every meeting of the CAC. In his absence a member shall be nominated by the Commission to act as the Chairman of the meeting. 5.1.6 Place of meeting - Unless the Commission otherwise notifies, all meetings of the CAC shall be held at the Head Office of the Commission.
6. Fees and travelling allowance for members of the CAC.
	6.1 A member of the CAC shall not be entitled to any remuneration other than that provided in these rules. 6.1.1A member of the CAC who is not a Government servant, or Employee of a Public Sector Undertaking shall be entitled to receive for each day on which a meeting is held and he is present, a daily allowance and travelling allowance or such other allowances at the rate admissible for the time being under the Travelling Allowance Rules to Directors of the Commission. 6.1.2A member of the CAC who is a Government servant or employee of a Public Sector Undertaking shall draw travelling and daily allowances on the scale admissible to him from his parent organisation.
7. Resignation:
	7.1 Any non-official member of the CAC may, by writing under his hand addressed to the Commission, resign his office as member of the CAC and it shall come into effect from the day the Chairman of the commission accepts the same.

T.B.NARASIMHA RAO Secretary Andhra Pradesh Electricity Regulatory Commission Hyderabad, 17-6-99.