LEVY OF FEES FOR VARIOUS SERVICES
RENDERED BY THE COMMISSION
Under the provisions of the Electricity
Act, 2003, the Commission has to discharge various functions including the
issue of licences, adjudication of disputes between
generating companies and Licensees, etc.
Section 86(1) (g) of the Electricity Act, 2003, empowers the Commission
to levy fees for the purposes of the Act.
The Commission accordingly formulated a draft Regulation for the fees to
be paid along with Applications / Petitions submitted to the Commission, the
annual fees to be paid by the Licensees, the fees payable for other
miscellaneous activities like inspection of Commission’s records, etc. The draft Regulation was published in A.P.
Extraordinary Gazette dated
In exercise of powers conferred on it
under the above provisions read with Section 181 of the Act, and all powers
enabling it in that behalf, the Andhra Pradesh Electricity Regulatory
Commission hereby makes the following Regulation.
(1)
This Regulation may be called the Andhra Pradesh
Electricity Regulatory Commission (Fees) Regulation, 2005.
(2)
This Regulation shall extend to the whole of the State
of
(3)
This Regulation shall come into force on the date of
its publication in the Andhra Pradesh Gazette, except sub clause
(2) of clause 4 which shall come into
force from
(1)
" Act" means the Electricity Act, 2003
(2) "
Licensee" means a person who has been granted a licence
under section 14 of the Act;
(3) " Exemptee" means a person who has been granted
exemption under section 13 of the Act;
(4) "generating
company" means any company or body corporate or association or body of
individuals, whether incorporated or not, or artificial juridical person, which
owns or operates or maintains a generating station;
(5) "trading"
means purchase of electricity for resale thereof and the expression " trade" shall be construed
accordingly;
(6) Words and
expressions used and not defined in this Regulation shall have the same meaning
as assigned to them in the Act and in the absence of any definition in the Act
the meaning as commonly understood in the electricity supply industry.
(1)
Every application / petition to the Commission
except the application made for grant of
licence under section 14 of the Act shall be
accompanied by the appropriate fee as specified in this Regulation.
(2)
Every application for grant of licence
under section 14 of the Act shall be filed along with such fee as may be
prescribed by the Government of Andhra Pradesh (GoAP)
from time to time under section 15 (1) of the Act.
(3)
Every Licensee and Exemptee
shall pay the Annual fee as specified in this Regulation.
(4)
Miscellaneous activities like supply of certified
copies of documents / orders of the Commission, inspection of the records of
Commission (if permitted) shall
be subject to payment, in advance, of the fees specified in this Regulation.
(5)
The Commission may, if it considers fit, waive, by
order, full or part of the fees payable under this Regulation.
Note:- All fees mentioned in this Regulation are
non-refundable fees, unless specifically
mentioned otherwise.
4 (1) Fees
to be paid with applications for Licence or for Exemption:
|
|
Type of application |
|
|
(a) (b) |
Application for grant of a transmission
/distribution / trading licence Application
for Exemption from licence |
As fixed
by the State Govt. from time to time
(presently Rs.30,000) Same as at (a) above |
(2) Annual Licence Fee to be paid by Licensees:
|
Type of Licence |
|
|
(i) Transmission Licence (ii) Distribution Licence
(iii) Exemption from licence
(iv) Trading Licence |
(i) Rs.1000 per MW of the allocated capacity. (ii)
0.067 paise per each unit of energy (kwh) to be handled during the year. (iii) 0.067 paise per
each unit of energy (kwh) to be handled during the
year. (iv) As
specified by APERC in the Regulation on intra-State trading in electricity. |
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.
2. 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.
(3) Fees to be paid for
determination of tariff:
|
(a) (b) |
Application
for determination of tariff of Generating
Companies Licensees
/ exemptees
|
Rs. 10,000
per MW with a maximum of Rs.25 lakhs Nil.
Covered in the annual licence / exemption fees payable as per sub-clause
(2) above. |
(4) Fees to be paid along with petitions for
adjudication of disputes:
|
(a) (b) |
For adjudication of a dispute u/s
33(4) and 86(1) (f) of the Act For
adjudication on adequacy of Transmission capacity u/s 9 of the Act |
Rs.25,000 Rs. 25,000 |
(5) Fees to be paid with petitions seeking review of
Commission’s orders
|
a. b. c. |
For
review of orders under section 64 of the Act / section 26 of the A.P.Electricity Reform Act For review of orders u/s 9, 33(4) and 86(1)(f) For others |
Rs. 10,000 Rs. 5,000 Rs.1,000 |
Note:
- At the discretion of the Commission the above-mentioned fees will be refundable, in part or in full, if the review
petition is allowed in part or in full, as the case may be.
(6) For any other petitions
not covered in the above sub-clauses:
|
(i) Individuals (ii) Others |
Rs.100
Rs.500 |
(7) Fees for applications, petitions
(including review petitions), etc. to be paid by registered consumer
organizations, NGOs and individuals seeking to protect/represent common
interests of consumers/public at large:
Original petition Rs.50/-
Review petition Rs. 100/-
(Refundable in case of a review
petition, in accordance with the Note below
sub-clause (5) supra)
Note:- 1. On questions, if any, whether or not an organization/individual
is seeking to protect/represent the common interest of consumers/public at
large, the decision of the Commission shall be final.
2.
No fees is payable for the objections / suggestions made in response to the
public notices issued by the Licensees or the Commission on Tariff proposals of
Licensees or the Regulations to be framed by the Commission, etc.
(8) Fee for miscellaneous
services
|
(a) |
Inspection
of records of the Commission (on permission) (i) for bulk records (ii) for
others |
Rs.700 Rs.100 |
|
(b) |
Supply of
certified copies of documents/ orders of the Commission |
Re. 1 per
page |
5. The fees
payable to the Commission under this Regulation shall be paid by means of Demand
Draft or Banker’s cheque, drawn in favour of the Secretary, Andhra Pradesh
Electricity Regulatory Commission, payable at a
If any difficulty arises in giving effect to any of the
provisions of this Regulation, the Commission may, by general or special order,
pass appropriate orders, not being inconsistent with the provisions of the Act,
which appear it to be necessary or expedient for the purpose of removing the
difficulty.
7. Power to amend
The
fee structure specified herein can be reviewed, cancelled, modified or enhanced
by the Commission at its discretion, at any appropriate time by a general or
special order notified in the Official Gazette of Andhra Pradesh.
(BY ORDER OF THE COMMISSION)
S.SURYAPRAKASA
RAO
SECRETARY