(1) Subject to the
provisions of the Act, each year, at the time required by the licence or otherwise as may be directed by the Commission, each
licensee (Transmission and Bulk Supply or Distribution and Retail Supply, as
the case may be) shall file with the Commission, in the format as may be
specified by the Commission, statements containing calculation for the ensuing
financial year the expected aggregate revenue from charges under its currently
approved tariff and the expected cost of providing services.
(2) If a Licensee carries
on more than one business, namely, Transmission and Bulk Supply or Distribution
and Retail Supply, the statement referred to in clause (1) above shall be given
separately for each of the separate businesses of the licensee and in such
manner in respect of each such business as the Commission may direct.
(3) The statements
referred to in clause (1) above shall contain the following details:
(i)
the licensee's demand forecast by customer or consumer
category for the ensuing financial year and the basis of the forecast;
(ii) a
calculation of expected aggregate revenue that would result from the above
demand during the same period under the currently approved tariff by customer
or consumer category;
(iii) a calculation of
the licensee's estimated costs of providing the service required by the level
of demand indicated in sub-clause (i) above for each
customer or consumer category during the same period calculated in accordance
with the financial principles and their applications in the Sixth Schedule to
the Electricity (Supply) Act, 1948 or such other principles the Commission may
prescribe from time to time;
(iv) The licensee's
proposal to deal with the divergence between the expected aggregate revenue and
the expected cost of services including proposal, if any, for revised tariff to
be charged in the ensuing year, the proposed scheme for reduction in losses,
changes in the tariff structure for any specific category of consumer;
(v) In case the Licensee
carries on any business or services other than those licensed under the Act,
the Licensee shall give separate revenue and expense statements together with
such details as the Commission may require in respect of such business or
services; and
(vi)
Such other
information as the Commission may direct from time to time.
(4) The licensee shall
furnish to the Commission such additional information, particulars and
documents as the Commission may require from time to time after such filing of
revenue calculations and tariff proposals.
(5) The Commission may,
from time to time, issue guidelines for filing statement of revenue
calculations and tariff proposals and unless waived by the Commission, the
licensee shall follow such guidelines issued by the Commission.
(6) Unless otherwise
directed by the Commission, the Commission shall hold a proceeding on the
revenue calculations and tariff proposals given by the licensee and may hear
such persons as the Commission may consider appropriate for making a decision
on such revenue calculations and tariff proposals.
(7) The procedure of
hearing on the revenue calculations and tariff proposals of the licensee shall
be in the manner as the Commission may decide from time to time.
(8) Upon hearing the
licensee and such other parties as the Commission considers appropriate and
upon making such other inquiry, the Commission shall make an order and notify
the licensee of its decision on the revenue calculations and tariff proposals,
as provided in sub-section (5) of section 26 of the Act.
(9) While making an order
under clause (8) above or at any time thereafter, the Commission may direct the
publication of the tariff that the licensee shall charge the different
consumers or customers and categories thereof in the ensuing financial year.
(10) The licensee shall
publish the tariff or tariffs approved by the Commission in the newspapers
having circulation in the area of supply as the Commission may direct from time
to time. The publication shall, besides such other things as the Commission may
require, include a general description of the tariff amendment and its effect
on the classes of the consumers.
(11) The tariffs so
published under clause (10) above shall become the notified tariffs applicable
in the area of supply and shall take effect only after such number of days as
the Commission may direct which shall not be less than seven days, from the
date of first publication of the tariffs.
(12) The licensee shall
raise bills for the energy supplied or transmitted or services rendered to the
consumers in accordance with the notified tariff.
(13) No tariff determined
and notified as above may be amended more frequently than once in any financial
year except that tariff rates shall be adjusted in accordance with any fuel
surcharge adjustment formula incorporated in the tariff with the approval of
the Commission. Provided that the consequential orders which the Commission may
issue to give effect to subsidy the State Government may provide under Sections
12 (3) and/or 27 (1) of the Act shall not be construed as amendment of tariff
notified. The Licensee shall, however, give appropriate adjustments in the
bills to be raised on the consumers for the subsidy amount in the manner the
Commission may direct.
45-B. Fuel Surcharge
Adjustment Formula
(1) Unless otherwise
agreed by the commission, the fuel Surcharges adjustment formula shall be the
following
(2) The licensee shall
provide the Commission with its calculation of each fuel surcharge adjustment
required to be made pursuant to its tariff before it is implemented with such
documentation and other information as it may require for purpose of verifying
the correctness of adjustments.
(3) Till the Bulk tariffs
are established, FSA billed to retail categories may be made over to Bulk
supplier by individual Distribution Company or RESCO.
(4) Collection of the
energy sales data to different categories have to be submitted by APTRANSCO by
collecting from all the Bulk purchasers.
(5) Licensee shall
collect the FSA charge of the previous quarter for which FSA value has been
approved by the commission in three equal monthly instalments. Total value to
be collected will be equivalent to the number of units consumed in the last
quarter (Assessed quarter) multiplied by the FSA value per unit.
(6) Fuel cost data has to
conform to the fuel costs to the allowed level and no other charges other than
the transportation cost can be included in the fuel cost. Every statement has
to be confirmed by the licensee to that effect. The costs arrived at will be
compared to the fuel cost Indexation which will be developed by the Commission
in the future.
(7) Penalties are leviable for furnishing wrong data.
(8) The licensee shall
publish the FSA approved by the commission in one English and one Telugu daily
newspaper with circulation in the Area of supply, for general information of
the consumers, and shall make available copies of the FSA to the public on
request, at a reasonable cost.
(9) The FSA shall be
implemented after 7 days of such publication.
45-C: Subsidies
(1) The State Government
may, at any time as it considers appropriate, propose any subsidy to any class
or classes of consumers and upon receiving such proposal, the Commission shall
determine the amount to be paid as subsidy, the terms and conditions of such
payment including the time and manner of payment of subsidy amounts by the
State Government.
(2) While determining the
tariff, the Commission shall take into account any subsidies, which the State
Government had agreed to give to any class or classes of consumers. The tariff
determined by the Commission shall be published duly taking into account such
subsidy offered by the State Government as on the date of the decision of the
Commission.
(3) The licensee shall be
required to furnish documents to the satisfaction of the Commission that the
subsidy amount received by the licensee from the State Government is duly
accounted for and utilised for the purpose for which
the subsidy is given.
8. Amendments to
Chapter VII of the Conduct of Business Regulations:
(1) In Regulation 50 the
following shall be inserted as Clause (3):
"In
case any person wishes to bring on record the successors-in-interest, etc.,
the application for the purpose shall be filed
within 90 days from the event requiring the
successors-in-interest to come on record"
Provided
that the Commission may, if it is satisfied that there is sufficient cause
for not filing the application within the time
prescribed, condone the delay subject to such
terms and conditions, as the Commission may consider
appropriate.
(2) The following shall
be inserted as Regulations 63 to 65:
63. Recognition for
Consumer Association and consumer interest:
(1)
It shall be open to permit any recognised
association, forum or other bodies corporate or any group of consumers to
participate in any proceedings before the Commission and permit them to make
such representation or participate in the proceedings before the Commission in
such
manner as the Commission considers appropriate.
(2)
It shall be open to the Commission for the sake of timely completion of
proceedings,
to direct grouping of the associations, forums referred to in clause (1) above
so that they can make collective representation.
(3)
The Commission may appoint any officer or any other person to represent
consumers'
interest, if considered necessary.
(4)
The Commission may, for the purpose of clauses (1) or (3) above direct
payment
of such fees, costs and expense by such of the parties in the
proceedings,
as the Commission may consider appropriate.
64. Authorised
representative to appear before Commission:
A person may authorise an advocate or a member of any statutory
professional body holding a Certificate of practice as the Commission may from
time to time specify to represent him and act and plead on his behalf before
the Commission. The person may also appear himself or may authorise
any of his employees to appear before the Commission and to act and plead on
his behalf. The Commission may from time to time specify the terms and
conditions subject to which a person may authorise
any other person to represent him and act and plead on his behalf.
65. Applicability of
provisions of Indian Penal Code and Criminal Procedure Code:
(1) In terms of Section
52 of the Reform Act, proceedings before the Commission shall be deemed to be
judicial proceedings and Commission shall be deemed to be a Civil Court as
specified in the said Section read with applicable provisions of the Indian
Penal Code and the code of Criminal Procedure 1973.
(2) The extracts of the
relevant provisions of the Indian Penal Code and Criminal Procedure Code are as
under:
(i) Section 193.
Punishment for false
evidence:-
Whoever intentionally
gives false evidence in any stage of a judicial proceeding, or fabricates false
evidence for the purpose of being used in any stage of judicial proceeding, shall
be punished with imprisonment of either description for a term which may extend
to seven years, and shall also be liable to fine;
And whoever intentionally
gives or fabricates false evidence in any other case, shall be punished with
imprisonment of either description for a term which may extend to three years,
and shall also be liable to fine.
Explanation
1. A trial
before a Court-martial a [* * *] is a judicial proceeding.
Explanation
2. An
investigation directed by law preliminary to a proceeding before a Court of
Justice, is a stage of a judicial proceeding, though that investigation may not
take place before a Court of Justice.
(ii) Section 219.
Public servant in
judicial proceeding corruptly making report, etc.,contrary to law:-
Whoever, being a public
servant, corruptly or maliciously makes or pronounces in any stage of a
judicial proceeding, any report, order, verdict, or decision which he knows to
be contrary to law, shall be punished with imprisonment of either description
for a term which may extend to seven years, or with fine, or with both.
(iii) Section 228.
Intentional insult or
interruption to public servant sitting in judicial proceeding:-
Whoever intentionally
offers any insult, or causes any interruption to any public servant, while such
public servant is sitting in any stage of a judicial proceeding, shall be
punished with simple imprisonment for a term which may extend to six months, or
with fine which may extend to one thousand rupees, or with both.
(iv) Section 345.
Procedure in certain
cases of contempt:-
(a) When any such offence
as is described in Section 175, Section 178, Section 179, Section 180 or
Section 228 of the Indian Penal Code (45 of 1860) is committed in the view or
presence of any civil, criminal or revenue Court, the Court may cause the
offender to tbe detained in custody and may, at any
time before the rising of the Court on the same day, take cognizance of the
offence and, after giving the offender a reasonable opportunity of showing
cause why the should not be punished under this section, sentence the offender
to fine not exceeding two hundred rupees, and, in default of payment of fine,
to simple imprisonment for a term which may extend to one month, unless such
fine be sooner paid.
(b) In every such case
the Commission shall record the facts constituting the offence, with the
statement (if any) made by the offender, as well as the finding and sentence.
(c) If the offence is
under Section 228 of the Indian Penal Code (45 of 1860), the record shall show
the nature and stage of the judicial proceeding in which the Court interrupted
or insulted was sitting, and the nature of the interruption or insult.
(v) Section 346.
Procedure where Court
considers that case should not be dealt with under Section 345:-
(a) If the Court in any
case considers that a person accused of any of the offences referred to in
Section 345 and committed in its view of presence should be imprisoned
otherwise than in default of payment of fine, or that a fine exceeding two
hundred rupees should be imposed upon him, or such Court is for any other
reason of opinion that the case should not be disposed of under Section 345,
such Court, after recording the facts constituting the offence and the
statement of the accused as hereinbefore provided, may forward the case to a
Magistrate having jurisdiction to try the same, and may require security to be
given for the appearance of such person before such Magistrate, of if
sufficient security is not given shall forward such person in custody to such
Magistrate.
(b) The Magistrate to
whom any case is forwarded under this section shall proceed to deal with, as
far as may be, as if it were instituted on a police report.
By order of the Commission
Hyderabad
Secretary
to Commission
Dated :28-8-2000
Annexure - III
Form 3
PARTICULARS TO BE FURNISHED BY THE EXEMPTION APPLICANT
(See Regulation 43 (4)(i))
[Note: The General
heading of the application shall be the same as in Annexure - I and the
affidavit in Annexure - II]
1. Details of Applicant
(a) Full name of
Applicant:
(b) Full address of
Applicant:
2. Details of Ownership
(a) Company/Firm/Co-op
Society/Individual/Others:
(b) When and where
registered/registration number/registered office:
(c) Names and addresses
of directors:
3. Principal
shareholders/Partners/Members:
4. Principal Business
Activity:
5. Details of Licence Exemption Application
(a) Type of licence exemption for which application is submitted:
(b) Boundaries of
proposed Area of Supply (referring to the attached map when necessary):
6. Purpose and Nature of
Supply
(a) Sourcing of Power
(i)
Voltage(s):
(ii) Source of supply
(Own generation/Purchase from APTRANSCO/Purchase from Others (Name of
supplier_________________________)
(iii)
Quantum of electricity handled in last 12 months
a. Demand (MW):
b. Energy (MU):
iv)
Bulk purchase
price at which electricity is procured:
(b) Supply of Power
(i)
Voltages of supply:
(ii) Categories of supply
(Domestic/Commercial/Agricultural etc. with numbers, loads):
(iii) Persons to whom
electricity is intended to be supplied with full details of categories of
persons (members/employees' colonies/other concerns/general public, etc.):
(iv)
Tariff at
which electricity will be supplied:
(c) Method and manner of
handling consumer grievances:
(d) Funding arrangements
for maintenance, operation, improvements and expansion to meet supply
obligations, future load growth, etc.:
7. Resume of the Organisation giving details of
(i)
Management Capability:
(ii) Financial Strength:
(iii) Ability to
discharge supply function in a sustainable manner:
8. (a)
Date from which exemption is sought:
(b) Period for which
exemption is sought:
9. Detailed justification
for seeking exemption:
List of Documents to
Accompany Exemption Applications:
(1) Copies of Company's
Memorandum/Articles of Association/Partnership deed etc.
(2) Data Relating to management and Financial Capability
(a)
Managerial:
(i) Senior management's curriculum vitae
(ii)
Cadre strength for different categories, technical and non-technical
(b)
Financial:
(i) Bank references asserting that the Applicant is
financially solvent
(ii) Most
recent Balance Sheet
(iii) Audited accounts for
the Applicant and any Holding Company, Subsidiary or affiliated company for
each of the three most recent financial years
(iv)
Any
accompanying notes and certifications on the above statements from a reputable
chartered accountant
(3) Data Relating to the Applicant's future Business
(i) Five year Business Plan for the business for which the
application relates
(ii) Five year annual
forecasts of costs, sales, revenues and project financing stating the
assumptions underlying the figures provided
(4) Detailed Map(s) of
the proposed area of supply Detailed map(s) showing the area supplied and the
configuration of the Transmission/Sub-transmission and Distribution System,
including information on Substations. The map shall clearly distinguish between
the existing System and any new facilities that are or will be required for the
purposes of providing Supply.
The map shall indicate
the streets and roads in which the energy is supplied and distinguish between
public and private.
5. Copies of letters
seeking consent from the local authority as per Section 16 (1)(i) of the AP Electricity Reform Act, 1998
6. Copies of letters
seeking consent from the Central Government as per Section 16 (1)(ii) of the AP Electricity Reform Act, 1998
7. Copies of letters
seeking consent from the licensed supplier(s) as per Section 16 (1)(iii) of the AP Electricity Reform Act, 1998
8. Proof of Service of
the Copy of Application on APTRANSCO.