West Bengal Electricity Regulatory Commission (Balancing and Settlement Code) Regulations, 2008 1. Short title, extent and commencement. 2. Definitions. 3. State Level Accounts For Energy Charge, Capacity Charge and Incentive. 4. State Level Accounts For UI Charge. 5. SLDC-UI Fund-WBSETCL 6. Opening of Letter of Credit. 7. Monthly Energy Balancing. 8. Removal/Settlement of Disputes under the Balancing and Settlement Code. - 9. Infirm Power. 10. Power of the Commission to amend - 11. Power to remove difficulties. 12. Repeal and Savings.
The West Bengal Electricity Regulatory Commission (Balancing and Settlement Code) Regulations, 2008
Published vide Notification Kolkata Gazette, Extraordinary, dated March 25, 2008, vide Notification No. 40/WBERC, dated 25.3.2008.
WB561
[As amended by the West Bengal Electricity Regulatory Commission (Balancing and Settlement Code) (Amendment) Regulations, 2009]
Notification No. 40/WBERC Dated 25.03.2008 - In exercise of the powers conferred by sub-section (1) and clause (zp) of sub-section (2) of section 181 of the Electricity Act, 2003 (36 of 2003) and ai powers enabling it in this behalf, and in supersession of notification No. 37/WBERC dated 19.11.2007 published in Kolkata Gazette, Extraordinary on 19.11.2007, the West Bengal Electricity Regulatory Commission hereby makes the following regulations :-
- Short title, extent and commencement.- (1) These regulations may be called the West Bengal Electricity Regulatory Commission (Balancing and Settlement Code) Regulations, 2008.
(2) They extend to the whole of West Bengal.
(3) They shall come into force at 00.00 hour of 1st day of April, 2008.
- Definitions.- (1) In these regulations, unless the Context otherwise requires,-
(a) 'Act' means the Electricity Act 2003 (36 of 2003);
(b) 'Commission' means the West Bengal Electricity Regulatory Commission;
(c) 'DDO' means the Drawing and Disbursing Officer of SLDC;
(d) 'Regulations' means the regulations made by the Commission under the Act;
(e) 'SLDC' means the State Load Despatch Centre established by the Government of West Bengal under sub- section (1) of section 31 of the Act;
(f) 'SLDC-UI FUND-WBSETCL' means the fund as specified in regulation 5 of these regulations;
(g) 'Tariff Regulations' means the West Bengal Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2007;
(h) 'Week' means Monday to succeeding Sunday.
(2) Words and expressions used and not defined in these regulations but defined in the Act or any Regulations made by the Commission shall have the meanings respectively assigned to them in the Act or the Regulations made by the Commission.
- State Level Accounts For Energy Charge, Capacity Charge and Incentive.- In pursuance to regulation 5.10 of the Tariff Regulations 2007, the State level accounts for energy charge will be prepared along with actual availability of the generating stations for any month and issued in following manner :
(i) The statement of State level accounts on transaction of energy as per schedule shall be prepared by SLDC on monthly basis for charges payable by a concerned entity to a generating station under ABT or for generating station of licensee for recovery of its fuel charges through FPPCA based on computation against each 15 minutes time block for the finally implemented ex-bus scheduled injection of energy that is entitled for energy charge along with the corresponding declared availability (i.e. declared capacity) and the necessary correction on the basis of demonstrated availability (i.e., demonstrated capacity), if any.
(ii) Such monthly statement of accounts shall be computed from the daily statements in the form of Table A as provider in Annexure I of these Regulations showing corresponding figures of the generating station against each 15 minute time block separately.
Notwithstanding anything to the contrary contained in any other Regulations of the Commission in case of any establishment of any mis-declaration, the availability of each time block of the day will be reduced proportionately in the ratio of the available capacity established during demonstration and declared capacity. In case of more than one mis-declaration, the demonstration which gives the least ratio among the aforesaid ratios, will be considered. This procedure is to be followed for determination of actual availability and / or notional availability against demonstration of actual declared capacity and / or notional declared capacity respectively.
In the daily statement the cumulative total of Scheduled injected energy entitled for energy charge, achievement of Actual Declared Capacity, achievement of Notional Declared Capacity, resultant actual availability and resultant notional availability are to be shown separately for each entity. Such statement shall also provide cumulative total of implemented schedule of injection in MWhr at evening stretched over from 5 P.M. to 8 P.M. as required under paragraph 5 of Schedule 10 of Tariff Regulations, and also total number of blocks which achieved the initial schedule of injection as specified in paragraph 2 of Schedule-10 of Tariff Regulations.
For computation of resultant actual availability and / or resultant notional availability for the period where there is no declared demonstration and the implemented scheduled injection is less than the Actual Declared Capacity or Notional Declared Capacity then the resultant actual availability or resultant notional availability will be the actual declared capacity or notional declared capacity respectively subject to other specific conditions in any regulations of the Commission in relation to availability determination methodology as specified and specially for frequency above 50 Hz, the resultant actual availability / notional availability shall be the actual declared capacity / notional declared capacity as the ease may be.
(iii) On the basis of the daily statements the consolidated monthly statement is to be prepared. Such monthly statement of state level energy account shall be prepared and issued to all concerned entities within first ten days of the succeeding month mentioning the following items :
(a) Total energy in the month under initial schedule of injection:
[(b) Total energy in the month under implemented schedule of injection and cumulative energy under the implemented schedule of injection up to the month for the financial year.]
[(c) Total resultant actual availability and total resultant notional availability in the month and cumulative resultant actual availability. cumulative resultant notional availability up to the month for the financial year.]
(d) Total energy in the month against implemented schedule of injection at evening stretched over from 5 pm to 8 pm;
(e) Total number of 15 minutes time blocks in the month which achieved the schedule of injection as specified in paragraph 2 of Schedule-10 of Tariff Regulations.
The cumulative total of those items for the year shall also be provided. In the last month of the year the Reliability Index of Generation Injection Schedule, annual PLF and Average Evening Generation of the generating station for the purpose of incentive on overall generation and evening generation as per paragraph 1 and paragraph-5 of Schedule-10 of Tariff Regulations are to be declared separately.
(iv) In case of detection, of any mistake or error after issuance of such monthly statement, such mistake or error communicated immediately through a revised statement and will be given due effect in the statement of the earliest available month to the concerned entity showing such adjustment separately with due explanation.
(v) SLDC shall check the declared capacity through demonstration in pursuance to regulation 5.7 of the Tariff Regulations for each generating station as pd when required by SLDC as per regulation 5.7.1 of Tariff Regulations.
- State Level Accounts For UI Charge.- In pursuance to regulation 5.10 of the Tariff Regulations, the State level accounts for UI charges will be prepared and issued in the following manner-
(i) The statement of State level account. nor UI charges payable by an entity under UI mechanism shall be prepared on weekly basis by SLDC based on computation against each 15 minutes time block by finding out difference of the actual injection/drawal of energy in the State Grid and the corresponding scheduled injection/drawal. Such computation shall also take into account different provisions under the Tariff Regulations inclusive of regulation 5.5.2 of the Tariff Regulations while computing UI charges for each time block.
(ii) Such statement of accounts shall be as per Table B for each day showing the scheduled injection or drawal of energy (X) by the entity against each 15 minutes time block separately along with the corresponding actual average frequency, actual injection or drawal of energy(Y), and the corresponding amount of energy (Z) in deviation to the scheduled energy as a result of gaming, if any. The corresponding resultant UI energy (W) shall be declared to be entitled for UI charge computation for the said time block taking W=Y-X-Z and duly reflected in the Table B.
Table-B
Statement on Account of UI Charges for Each 15 Minutes Time Block
| No. of 15 minutes time block | Average Frequency in HZ | Scheduled/ Injection Drawal (Mwh) | Actual Injection/ drawal in (MWh) | Injection/ drawal Energy disallowed vide regulation no 5.5.2, 5.5.4, 5.5.12 & 5.5.14 in (MWh) | Injected/ Drawal energy entitled for energy charges (MWh) with (+) or (-) sign* | Reasons of disallowance in column 5 | Rate of UI Charge In Paisa per Unit | Computed UI Charge in Rs | Fixed Charge To be Recovered as per regulation 5.5.14 of the Tariff Regulations. |
| (1) | (2) | (3) | (4) | (5) | (6=4-3-5) | (7) | (8) | (9=6x8) | (10) |
| 1 | |||||||||
| 2 | |||||||||
| --- | |||||||||
| 96 | |||||||||
| * (+) represent gain of UI Charge and (-) representing loss of UI | |||||||||
While applying clause (i) of regulation 5.5.2 of the Tariff Regulations, it is to be noted that in case the injection above 105% of the implemented schedule injection in any time block and the average actual injection goes above 101% of the average injection schedule that have been implemented for the day and if any portion of the excess energy is considered as gaming by SLDC in identified timeblock(s), then UI energy shall be reduced by that portion of excess energy. Such excess energy shall be adjusted in UI account of beneficiaries in the ratio . of their capacity share in the generating station.
While applying the clause (iii) of regulations 5.5.2 of the Tariff Regulations if any lesser drawal than scheduled drawal by any entity is considered as gaming by SLDC in identified time block(s), then UI energy for those corresponding block(s) shall be reduced from the total UI energy of the day for that entity. The reduced energy shall be adjusted in UI account of the injecting entity(ies) in the ratio of scheduled injection of the concerned injecting entity(ies). [Example: Say one distribution licensee 'A' is drawing power from two entities `B' and 'C' within the state. Say the scheduled injection of `B' is SIB and that of C is SIc If due to less drawal say UI energy is reduced by an amount "P" on the score of gaming then benefit of such "P" will be shared by "B" and "C" in the ratio SIB : SIC.]
Notwithstanding anything in contrary in any other regulations of the Commission, while applying clause (v) of regulation 5.5.4 of the Tariff Regulations it is to be noted that in case the total actual drawal goes below 99% of the scheduled drawal for the day, then the less energy drawal shall be considered as gaming and UI energy shall be reduced by that portion of less drawal below the said 99%. The ratio of reduced UI energy to the total UI energy shall be used to get the disallowance of UI energy in each block. In addition if in any 15 minutes time block the drawal is less than 95% of the scheduled drawal then that drawal in that block shall also be construed as gaming and less drawal below 95% of the scheduled drawal for that block shall be disallowed as UI energy for that block. The amount on this disallowed UI charges shall remain in pool.
In the daily statement the algebraic sum of UI energy as calculated and amount payable or receivable by each entity is to be shown separately. In the daily statement the algebraic sum of fixed charge recovery as per regulation 5.5.14 of the Tariff Regulations is also to be shown separately. The impact of clause (i) and (iii) of regulation 5.5.2, and clause (v) of regulation 5.5.4 of the Tariff Regulations are also to be shown separately.
In case of any mismatch amount after UI energy accounting is done, such amount shall be distributed on pro-rata basis of actual, energy injected or drawn by the entities at a rate that will make the net balance of the accounts of UI charge of that day as zero.
(iii) On the basis of daily statement prepared the consolidated weekly statement is to be prepared. Such weekly statement of State level account of UI charge shall be prepared for the week and issued to the all concerned entities within three working days after receipt of UI charge statement from Eastern Regional Power Committee for that week. The date of issuance will be considered as billing date as per regulation 7.2 of the State Grid Code.
(iv) In case of detection of any mistake or error after issuance of such weekly statement, such mistake or error will be duly corrected within one month and intimated to the concerned entities showing such adjustment separately with due explanation
(v) The concerned entities shall send the meter reading as found by downloading within Tuesday noon or very next working day in each week. if Tuesday is a holiday.
- SLDC-UI Fund-WBSETCL- SLDC shall open an account preferably with electronic clearing facility with the name and style of "SLDC-UI FUND-WBSETCL" in a nationalized/scheduled commercial bank within 27th November 2007 for the purpose of handling UI charges in pursuance to regulation 5.13 of the Tariff Regulations. Such fund will be managed in the following manner.
(i) Such account shall be operated by the DDO with the cheque signing authority for payment upto Rs.5 lacs. For payment above Rs. 5 Lacs such cheque signing authority shall be jointly with the DDO and the Officer in charge of SLDC.
(ii) All deposit for UI charges payable by any licensee shall be through bank draft in favour of the said account or through electronic clearance system where such facility is available. Cost of such draft and services shall be payable by the depositor.
(iii) UI charges receivable by the any entity shall be through account payee cheque or through electronic clearance system where such facility is available.
(iv) SLDC shall maintain the accounts of the said fund separately and such account shall not be considered as the part of the accounts of the SLDC.
(v) Accounts of such fund shall be audited by Chartered Accountant / Cost Accountant in full time practice for every financial year within 30th June of the succeeding year and such audited accounts shall subsequently submitted to the Commission within 31st July of that year for approval.
(vi) The entity shall pay the UI charges within 10 days of the billing date in pursuance to regulation 7.2 of the State Grid Code. The DDO will activate the Letter of Credit (LC) if the amount receivable from any entity is not received fully or partly within ten days from date of issuance of the weekly UI statement.
- Opening of Letter of Credit.- All the entities covered under UI mechanism in pursuance to regulation 5.1.2 of the Tariff Regulations shall open the irrevocable, revolving, unconditional and non-recourse letter of credit in favour of the said "SLDC-U1 Fund-WBSETCL" for an amount of Rs. 10 lacs each with a nationalized / scheduled commercial bank, having Branch Office in Kolkata at initial stage of starting of its operation in the State Grid. Subsequently, after three months of operation from the date of starting of operation of UI, the amount of LC shall be modified within next one month on the basis of entitiy's UI charge payable amounts for two weeks those are the highest in the last three months subject to the condition that such amount shall be at least of Rs. 10 lacs. Thereafter, in the month of April of every year after 2008; the said amount of LC shall be modified by the entity concerned to an amount equal to entity's UI charge payable amounts for two weeks those are the highest in the last financial year subject to the condition that such amount shall be at least Rs. 10 lacs. The cost of LC shall be borne by the concerned entity.
- Monthly Energy Balancing.- On the basis of the above accounting daily report sheet is to be prepared by SLDC showing energy balancing of the State Grid and shall be submitted to the Commission each month in a consolidated weekly form for the weeks of the proceeding month (hereinafter referred to as reporting month). In case of any fractional week at the end of the reporting month the report of such week shall be submitted with the report of the subsequent month to the reporting month.
- Removal/Settlement of Disputes under the Balancing and Settlement Code. - For removing disputes of UI energy accounting and to derive corresponding charge. SLDC shall form a Committee with representatives from concerned entities and SLDC The officer-in-charge of SLDC shall be the Chairman of the CoMmittee. In case of non-settlement of the disputed issue the matter shall be referred to the Commission. The Committee shall meet at least once in a month preferably. oh Wednesday of the third week of the month. However, the Chairman of the Committee may call any meeting to meet any urgent need as and when required with a notice of two days Each entity shall nominate a suitable representative to serve in the Committee. After six months of operation of ABT mechanism such Committee shall meet quarterly preferably on first working week of each quarter of the financial year. Any change in the methodologies evolved by the Committee shall be operative on receipt of approval of the Commission, provided such changes do not call for any amendment of the instant Regulations.
- Infirm Power.- The injection from generating stations or any of its unit of any generating company or distribution licensee in initial period between first synchronization and commercial operation date as determined in accordance with Tariff Regulations will be treated as infirm power and during that period the following actions are to be taken:
(i) The generating company or the licensee who is the owner of that generating station shall submit to the SLDC their daily schedule of injection of such infirm power separately, for operational facility only;
(ii) Any infirm power as per regulation 9 of these regulations will not be considered under ABT mechanism and will not be subject to UI mechanism:
(iii) At the end of each day, time block wise actual generation and injection from the concerned generating units injecting infirm power shall be submitted to the SLDC by the concerned generating company or the licensee.
- Power of the Commission to amend - (1) The Commission may at any time at its sole discretion vary, alter, modify, add or amend any provision of these regulations.
(2) Nothing in these regulations shall be deemed to limit or otherwise affect the inherent power of the Commission to make such orders as may be necessary for meeting the ends of justice or to prevent the abuse of the process of the Commission.
- Power to remove difficulties.- If any difficulty arises in giving effect to any of the provisions of the regulations, the Commission may, for reasons to be recorded in writing, direct the licensee or generating company or SLDC for taking suitable actions, not inconsistent with the provisions of the Act, as may appear to be necessary for removing the difficulty.
- Repeal and Savings - The West Bengal Electricity Regulatory Commission (Balancing and Settlement Code) Regulations, 2007 issued under Notification No. 37/WBERC dated 19.11.2007 and published in the Kolkata Gazette, Extraordinaryon 19.11.2007 are hereby repealed. Notwithstanding such repeal, anything done or any action already taken under the repealed regulations, shall in so far as it is not inconsistent with the West Bengal Electricity Regulatory Commission (Balancing and Settlement Code) Regulations, 2008, be deemed to have been done or taken under the corresponding provisions of the West Bengal Electricity Regulatory Commission (Balancing and Settlement Code) Regulations, 2008.
[Annexure - I]
Table-A
Statement of Amount of Injected Energy of a Generating Station Entitled for Energy Charges
| Serial no. of the 15 minutes time block | Actual Declared Capacity (*****) | Notional Declared Capacity (*****) | Initial Schedule of Injection (MWh)*** | Scheduled Energy Injection (MWh) | Whether the block is under demonstration for | Result of the demonstration against* | Resultant Penalty in case of capacity charge in rupees** | Resultant availability (MWh) | Whether actual generation achieved the Initial Schedule of Injection**** | Frequency (Hz) | ||||
| Actual declared capacity (Yes/No) | Notional declared capacity (Yes/No) | Actual declared capacity | Notional declared capacity | Actual declared capacity | Notional declared capacity | Actual declared capacity | Notional declared capacity | |||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) | (12) | (13) | (14) | (15) |
| 1 | ||||||||||||||
| 2 | ||||||||||||||
| - | ||||||||||||||
| - | ||||||||||||||
| - | ||||||||||||||
| 96 | ||||||||||||||
| Coal Stock Declared = MT | ||||||||||||||
| Note:- |
| * Result of the demonstration shall be indicated though codification where 'O' stands for successful demonstration of declared capacity and any 1 shall represent mis-declaration for the block concerned and the sum of the column shall represent the number of mis-declarations for the day concerned |
| ** As per regulation 5.7.2 of Tariff Regulation. |
| *** The injection Schedule allotted by SLDC to the generating stations ahead of the day. |
| **** This is required to find out the reliability index of Generation Injection Schedule. If initial schedule of injection is achieved as specified in paragraph 2 of Schedule 10of the Tariff Regulations than such will be indicated by '1' and in case of failure it will stand as 'O'. |
| ***** As per regulation 5.7.4 of Tariff Regulation. |
By order of the Commission,
Place : Kolkata Date : 25.03.2008
C.R. Bhaumik, Secretary of the Commission.
