Delhi Electricity Regulatory Commission (Levy and Collection of Fee and Charges by State Load Despatch centre) Regulations, 2007

Delhi Electricity Regulatory Commission (Levy and Collection of Fee and Charges by State Load Despatch centre) Regulations, 2007 1. Short Title, extent and commencement. 2. Definitions. 3. Application for Registration with SLDC. 4. Levy of SLDC Charges. 5. Filings by the SLDC. 6. Basis for collection of SLDC charges. 7. Billing of SLDC Charges. 8. Savings. 9. Issue of Orders and Practice Directions. 10. Power of Relaxation and Power to remove Difficulties. 11. Power to Amend. The Delhi Electricity Regulatory Commission (Levy and Collection of Fee and Charges by State Load Despatch centre) Regulations, 2007 Published vide Notification No. F.8(24)/DERC/2005-06, dated 18th October, 2007, published in the Delhi Gazette, Extra, Pt. IV, dated 18th October, 2007 Dl71 In exercise of the powers conferred by section 181(2)(g) read with section 32 (3) of the Electricity Act, 2003 and the Electricity (Removal of Difficulty) Sixth Order 2005, the Delhi Electricity Regulatory Commission hereby makes the following Regulations for levy and collection of fee and charges by SLDC in the National Capital Territory of Delhi. CHAPTER I

1. Short Title, extent and commencement. - (i) These Regulations may be called Delhi Electricity Regulatory Commission (Levy and Collection of Fee and Charges by State Load Despatch Centre) Regulations, 2007. These Regulations shall extend to the whole of National Capital Territory of Delhi (NCTD). (ii) These Regulations shall apply to the beneficiaries using the Intra-State transmission system and the Transmission Licensees and Generating Stations, being monitored by the SLDC. (iii) These Regulations shall come into force from the date of their publication in the Official gazette. CHAPTER II

2. Definitions. - (1) In these Regulations, unless the context otherwise requires – (i) "Act" means The Electricity Act, 2003 (36 of 2003); (ii) "Beneficiaries" in relation to SLDC Charges mean the Licensees other than the Transmission Licensees, and Long Term Open Access Customers; (iii) "Billing month" means the calendar month ending with the last day of the month; (iv) "Commission" means the Delhi Electricity Regulatory Commission; (v) "Financial Year" means the period commencing on the 1st day of April of a calendar year, and ending on the 31st day of March of the subsequent calendar year; (vi) "Long Term Open Access Customers" means the persons availing or intending to avail of the open access to Intra-State transmission system for a period of more than five (5) years; (vii) "State Government" means the Government of National Capital Territory of Delhi; (viii) "State Load Despatch Centre" or "SLDC" means the Centre established by the State Government for the purposes of exercising the powers and discharging the functions under Section 31 of the Act; (ix) "SLDC Charges" means the charges to be paid by the Beneficiaries to the SLDC as approved by the Commission under these Regulations; (2) The words and expressions used in these Regulations and not defined but defined in the Act shall have the meanings respectively assigned to them in that Act. (3) All proceedings under these Regulations shall be governed by the Delhi Electricity Regulatory Commission Comprehensive (Conduct of Business) Regulations, 2001, as amended from time to time. CHAPTER III

Levy Of Fee And Charges By SLDC

3. Application for Registration with SLDC. - (1) Each of the existing Generating Stations, Transmission Licensees and Beneficiaries, which come under the purview of SLDC, shall register themselves with the SLDC, within a month of coming into force of these Regulations, by filing an application, as per Annexure 15, to the SLDC along with the fee of Rs 10,000 (Rupees Ten Thousand only) or such fees as may be decided by the Commission from time to time. (2) The new Generating Stations as well as the Transmission Licensees and Beneficiaries coming under the purview of SLDC, shall submit an application, as per Annexure 15, to the SLDC, at least one month before the proposed date of connection to the Intra-State transmission system, along with the above-mentioned Fee. (3) After being satisfied with the completeness and correctness of the information furnished in the application, the SLDC, shall register the application in its records and duly intimate the applicant regarding such registration. (4) The SLDC shall maintain consolidated information about the Utilities/Licensees/Beneficiaries connected to the Intra-State transmission system and being monitored/serviced by it, on a separate web-page on their web-site. 4. Levy of SLDC Charges. - (1) All expenses incurred by the SLDC, established by the State Government under Section 31 of the Act, shall be accounted for separately; Provided that if on the date of publication of these Regulations, the State Transmission Utility (STU) is operating the State Load Despatch Centre and performing the functions under the Act, as provided under sub-clause (2) of Section 31 of the Act, the STU shall maintain separate accounts for expenses related to operation of the State Load Despatch Centre; Provided further that till such time the accounts are not segregated, the STU shall apportion its costs on the basis of an Allocation Statement to be submitted to the Commission with all relevant details. (2) For the discharge of its functions as specified in Section 32 of the Act, the annual expenses incurred by the SLDC shall be recovered from the Beneficiaries using the Intra-State transmission system. (3) The annual charges to be recovered by the SLDC shall include the component of Return on Equity/Investments and also the following expenses: (a) Employee Cost; (b) Administrative and General Expenses; (c) Repairs and Maintenance Expenses; (d) Depreciation; (e) Advance against Depreciation; (f) Interest and Finance charges; (g) Interest on working capital, if any; (h) Any other expenses incidental to discharging the functions of SLDC as deemed appropriate by the Commission. CHAPTER IV

5. Filings by the SLDC. - (1) The SLDC shall provide to the Commission, full details of its calculations of the estimated budget for the ensuing Financial Year, not later than four months before the commencement of the said Financial Year. (2) The SLDC shall also file the proposed allocation of charges to the Beneficiaries in line with these Regulations. A Copy of the budget along with the proposal for allocation of charges shall also be furnished simultaneously to the concerned Beneficiaries. (3) The SLDC shall provide the details of calculation of the expenses and other related information in the formats as laid down in the Annexures 2 to 14 of these Regulations. (4) The SLDC shall also furnish the details of capital investment plan for the ensuing year along with the budget filing. For capital investment schemes costing above Rupees One Crore, approval of the Commission shall be obtained in respect of each of such schemes prior to commencement of works. (5) The budget and other details filed by the SLDC shall be scrutinised and as a result of such scrutiny, the Commission may call for such further information and clarification as may be required. (6) The Commission may get the books/records of SLDC examined by its officers and/or by any authorised person at any point of time during the pendency of the application for approval of SLDC charges. The reports of the officers etc., may, if required, be made available to the parties concerned and they shall be given opportunity to reply/respond to the reports. (7) The Commission may call for a consultation meeting of authorized representatives of SLDC, the State Transmission Utility and Licensees for finalization of the budget of SLDC. (8) Based on the information furnished by SLDC and after due examination, scrutiny and consultation process, the Commission will approve the annual budget covering the expenses of the SLDC and determine the SLDC Charges. (9) The SLDC charges so determined by the Commission shall be valid till the approval of next revision of charges. (10) In the event of non-revision of SLDC charges during any year, any variation (shortfall or excess) in recovery of SLDC charges, shall be carried forward to the next financial year and adjusted as may be decided by the Commission. (11) The SLDC shall submit periodic returns containing operational and cost data, as may be prescribed by the Commission. (12) All filings and application for determination of SLDC Charges shall be made in conformity with the stipulations made in these Regulations. CHAPTER V

Billing & Collection Of Sldc Charges

6. Basis for collection of SLDC charges. - (1) The annual SLDC charges as determined by the Commission shall be allocated between the Beneficiaries using the intra-State transmission system as may be decided by the Commission from time to time; Provided that the charges shall be apportioned on the basis of contracted transmission capacity. (2) The Short-term open access customers using the intra-State transmission system shall pay such scheduling charges to the SLDC as may be specified by the Commission. 7. Billing of SLDC Charges. - (1) The SLDC shall furnish necessary monthly bills at the rate of one twelfth of the annual charges as approved by the Commission, to the Beneficiaries for each billing month within seven days after the last day of the preceding month; Provided that for the purpose of billing and collection of the prescribed charges, a fraction of a M W shall be treated as one full MW. (2) The Beneficiaries shall make payment to the SLDC of the amounts due within one month of the date of receipt of the bill. (3) In case the payment is not made within the due date, a penal interest/late payment surcharge at the rate of 1.25 % per month shall be payable on the unpaid amounts. (4) Disputes arising out of billing of SLDC charges shall be, as far as possible, settled by mutual negotiations. If the disputes are not resolved through mutual negotiations within sixty (60) days of the receipt of the bills, the matter shall be referred to the Commission through a petition by either of the parties. The decision of the Commission shall be final and binding on all the parties. (5) Pending resolution of the dispute, 90% of the bill amount shall be paid under protest within the due date. CHAPTER VI

Miscellaneous

8. Savings. - (1) 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 to meet the ends of justice or to prevent abuse of the process of the Commission. (2) Nothing in these Regulations shall bar the Commission from adopting in conformity with provisions of the Act, a procedure which is at variance with any of the provisions of these Regulations, if the Commission, in view of the special circumstances of a matter or a class of matters and for reasons to be recorded in writing, deems it necessary or just or expedient for dealing with such matter or class of matters. (3) Nothing in these Regulations shall, expressly or impliedly, bar the Commission dealing with any matter or exercising any power under the Act for which no Regulations have been framed, and the Commission may deal with such matters, powers and functions in a manner, as it considers just and appropriate. 9. Issue of Orders and Practice Directions. - (1) Subject to the provisions of the Act and these Regulations, the Commission may, from time to time, issue Orders and Practice directions in regard to the implementation of these Regulations and procedure to be followed on various matters, which the Commission has been empowered by these Regulations to direct and matters incidental or ancillary thereto. (2) In case, no specific provisions have been made under these Regulations, the SLDC may be guided by the provisions of Delhi Electricity Regulatory Commission (Terms and Conditions for Determination of Transmission Tariff) Regulations, 2007. 10. Power of Relaxation and Power to remove Difficulties. - (1) The Commission may, in public interest and for reasons to be recorded in writing, relax any of the provisions of these Regulations. (2) If any difficulty arises in giving effect to any of the provisions of these Regulations, the Commission may, of its own motion or otherwise by a general or a specific order, not inconsistent with these Regulations or the Act, do or undertake or direct the SLDC to do or undertake activities which in the opinion of the Commission, may appear to be necessary or expedient for the purpose of removing such difficulties. 11. Power to Amend. - (1) The Commission, for reasons to be recorded in writing, may at any time vary, alter or modify any of the provisions of these Regulations by amendment.

Annexure-1

ANNUAL REVENUE REQUIREMENT OF SLDC FOR THE YEAR ........(Rs. in Lakhs)

Sl.No. Particulars Annexure No. Previous Year (Actuals) Current Year (Actuals for first six months and estimate for the balance period) Ensuing Year (Estimates) Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

Employee Cost

Administrative & General Charges

Repairs and Maintenance Expenses

Depreciation

Advance against Depreciation

Interest & Finance Charges

Interest on Working Capital

Other Expenses

Prior Period Adjustments (+ / -)

Total Revenue Requirement

Add: Return on Investments/Capital

Less : Other Income (fee etc.)

Less : Interest & other Expenses capitalised

Net Annual Revenue Requirement

Annexure-2

ESTIMATED REVENUE FROM BENEFICIARIES FOR THE FINANCIAL YEAR.....

Sl.No. Particulars Contracted Transmission

Revenue Amount (Rs. In Lakhs)

Previous Year Current Year (Actuals for firstsix months and estimate for the balance period) Ensuing Year (Estimates) Remarks

1.

2.

3.

4.

---

N

Name of Beneficiary 1

Name of Beneficiary 2

Name of Beneficiary 3

Name of Beneficiary 4

Name of Beneficiary

Name of Beneficiary N

TOTAL

Annexure-3

DETAILS OF EMPLOYEES’ COST

Sl. No. Particulars Previous Year (Actuals) Current Year(Actuals for first six months and estimate for the balance period) Estimate for ensuing Year Remarks

(1)

(2)

(3)

(4)

(5)

(6)

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

Salaries

Over Time/ Additional Pay

Dearness Allowance

Other Allowances & Relief

Bonus/Ex-gratia

Interim Relief/ Wage Revision

Sub-Total ( 1 to 6 )

Medical Expenses

Leave Travel Allowance

Earned Leave Encashment

Other expenses towards Employee Cost (Incentive etc.)

Sub-Total ( 7 to 10 )

Staff Welfare Expenses

Terminal Benefits/Provisions

Payment under Workmans Compensation, Gratuity etc.

Sub-Total ( 11 to 13 )

Grand Total

Less: Employee Expenses capitalised

Net Employee Cost

Annexure-4

ADDITIONAL INFORMATION ON EMPLOYEES’ COST

Sl.No. Category of Employees Salaries

Previous Year

Current Year

Ensurinh Year

Nos.

Cost

Nos.

Cost

Nos.

Cost

Sanctioned

Working

Rs. in Lakh

Sanctioned

Working

Rs. in Lakh

Sanctioned

Working

Rs. in Lakh

1

2

3

4

5

6

7

8

9

10

11

1.

2.

3.

4.

5.

6.

7.

Board of Directors

G.M. & equivalent

D.G.M & equivalent

Manager & equivalent

Assistant Manager & equivalent

Jr. Engineer & equivalent

All other Staff

Total
NOTE:- 1. The number of employees be given on a consistent year end basis.
2. The cost columns should only include remuneration for actual number of employees working.

Annexure-5

ADMINISTRATIVE AND GENERAL EXPENSES (Rs. in Lakhs)

Sl.No. Particulars Previous Year (Actuals) Current Year (Actuals for first six months and estimate for the balance period) Estimate for ensuing Year Remarks

1

2

3

4

5

6

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

Rents, Rates and Taxes

Security / Service Charges paid to outside agencies

Insurance

Telephone Charges, Postages, Telegram, Telex and Fax charges

V-Sat, Internet and related charges

Legal Charges

Audit Fees

Consultancy Charges

Technical Fee

Other Professional Charges

Travelling Expenses

Conveyance and Vehicles Hire charges

Sub-Total ( 1 to 12 )

Other Expenses

(a) License / Registration Fees and Subscription

(b) Books and Periodicals

(c) Computer Stationery

(d) Printing and Stationery

(e) Advertisement Expenses

(f) Contributions/Donations

(g) Electricity Charges

(h) Water Charges

(i) Entertainment Charges

(j) Miscellaneous Charges

Sub-Total ( a to j )

Freight

Other purchases and related expenses (with details)

Grand Total (1 to 15)

Note :- In case the expenditure is more than Rs. ONE Crore in respect of each of the above items, full details of such expenses shall be furnished separately.

Annexure-6

REPAIRS AND MAINTENANCE CHARGES (Rs. in Lakhs)

Sl.No. Particulars

Previous Year

Current Year

Ensuing Year

Consumption of Stores Other o&M Expenses Total Consumption of Stores Other O&M Expenses Total Consumption of Stores Other o&M Expenses Total

1.

2.

3.

4.

5.

6.

7.

8.

Plant & Machinery

Buildings

Other Civil Works

Cable Network

Vehicles

Furniture & Fixtures

Office Equipment

Others

Total

Annexure-7

DEPRECIATION (Rs. in Lakhs)

S.No. Description of Assets

Previous year

Current year

Ensuing year

Opening Balance of Accumulated Depreciation at the beginning of the year Additions during the year Depreciation provided for the year Withdrawal of Depreciation Closing Balance of accumulated Depreciation at the end of the year Balance of Accumulated Depreciation at the beginning of the year Additions during the year Depreciation provided for the year Withdrawal of Depreciation Balance of accumulated Depreciation at the end of the year Balance of Accumulated Depreciation at the beginning of the year Additions during the year Depreciation provided for the year Withdrawal of Depreciation Balance of accumulated Depreciation at the end of the year
1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

Land and Rights

Building and Structures / Civil Works

Plant & Machinery

Cables & Network

Communication equipment

Air conditioning Plant

Furniture & Fixtures

Office Equipment

Vehicles

Assets taken over and pending final valuation

Miscellaneous Equipment / Items

TOTAL

NOTE : The details of Fixed Assets forming part of the Gross Block is to be furnished with the respective original capitalised cost and year of capitalisation.All details with regard to capital cost, expenses and interest etc., capitalised/likely to be capitalised in respect of additions during the year are to be furnished with particulars of Capital investment of the respective years.

Annexure-8

ADVANCE AGAINST DEPRECIATION (Rs. in Lakhs)

Sl. No. Particulars Previous Year (Actuals) Current Year (Actuals for first six months and Estimate for the balance period) Estimate for ensuing Year Remarks
1.

2.

Repayment of One-tenth (1/10th) of Loan(s)

Repayment of Loan(s) as considered for working out Interest on Loan

Minimum of 1 & 2 above

Less : Depreciation during the year

Advance Against Depreciation

NOTE: Advance Against Depreciation shall be permitted only if the cumulative repayment up to a particular year exceeds the cumulative depreciation up to that year. Further the Advance Against Depreciation in a year shall be restricted to the extent of difference between the cumulative repayment and cumulative depreciation up to that year.

Annexure-9

INTEREST AND FINANCE CHARGES (Rs. in Lakhs)

Sl. No. Name of the Institution Loan Amount Date of drawal of first instalment Loan Tenure (years) Rate of interest (%) Balance Outstanding at the beginning of the year Amount received during the year Principal Amount repaid during the year Balance Outstanding at the end of the year Interest due for the year Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1.

2.

Loan from Govt.

Loan from others-Secured

a)

b)

c)

Total

3.

Loans from others-Unsecured

a)

b)

c)

Total

4.

Short term loans/Borrowing for working capital

a)

b)

c)

Total

5.

Others

a)

b)

c)

Total
GRAND TOTAL :

NOTE: The relevant Loan documents are to be furnished in support of above details. The Details in this format are to be furnished separately for Previous Year (Actuals), Current Year (Actual cum Estimates) and Estimate for the Ensuing Year.

Annexure-10

INTEREST ON WORKING CAPITAL (Rs. in Lakhs)

Sl. No. Source of Borrowing / Name of the Institution Amount borrowed during the year Rate of interest Period of borrowing Amount of interest Remarks
1.
2.
3.
4.
5.
6.
7.
8.
GRAND TOTAL
NOTE: The relevant documents are to be furnished in support of above details. The Details in this format are to be furnished separately for Previous Year (Actuals), Current Year (Actual cum Estimates) and Estimate for the Ensuing Year.

Annexure-11

OTHER EXPENSES (Rs. in Lakhs)

Sl. No. Particulars of Expenses Previous Year Current Year (Actuals for available period and estimate for the balance period) Estimates for Ensuing Year Remarks
1.
2.
3.
4.
5.
6.
7.
8.
Total

Annexure-12

PRIOR PERIOD ADJUSTMENTS ( Rs. in Lakhs)

Sl. No. Particulars Expenses Previous Year Current Year (Actuals for available period and estimate for the balance period) Estimates for Ensuing Year Remarks
1.
2.
3.
4.
5.
6.
7.
8.
Total

Annexure – 13

RETURN ON INVESTMENTS ...(Rs. in Lakhs)

Sl. No. Basis of Calculation of Return Previous Year Current Year (Actuals for available period and estimate for the balance period) Estimates for Ensuing Year Remarks
1.
2.
3.
4.
5.
6.
7.
8.
Total

Annexure – 14

OTHER INCOME (Rs. in Lakhs)

Sl. No. Particulars Previous Year Current Year (Actuals for available period and estimate for the balance period) Estimates for Ensuing Year Remarks
1.
2.
3.
4.
5.
6.
7.
8.
Total

Annexure – 15

APPLICATION FOR REGISTRATION WITH THE SLDC

Sl. No. Particulars

1.

2.

3.

4.

5.

6.

7.

8.

9.

Name of the Applicant

Status of Applicant (i.e, Generating Station or Transmission Licensee or Beneficiary)

Registered Address

Phone No./Fax/E-mail ID

Capacity :

Installed Capacity in MW in case of Generating Station ; Contracted

Transmission capacity in MW in case of Beneficiary;

Proposed date of connection with the State Grid

Details of Inter-connection point (enclose separate sheet if necessary)

Details of Transmission system in case of Transmission Licensee (enclose separate sheet if necessary)

DD No. and Date towards Registration Fee payable to SLDC

Undertaking :

We hereby undertake to abide by the instructions issued by the SLDC ensuring the integrated, efficient and economical operation of power system in the State.

Signature of the Authorized Officer

Note: - The SLDC may prescribed and collect necessary technical details from the Generation Stations, Transmission Licensees and Beneficiaries.