The Central Electricity Regulatory Commission (Payment of fees) Regulations, 2008
Published Vide Notification No. L-7/1/0844 (159)-CERC, dated 6.10.2008, published in the Gazette of India, Extra, Point 3, Section 4, Sl.No. 160, dated 14.10.2008
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Notification No. L-7/142/157/2008- In exercise of powers conferred under Section 178 of the Electricity Act, 2003and of all other powers enabling it in this behalf, and after previous publication, the Central Electricity Regulatory Commission (hereinafter referred as “the Commission”)hereby makes the following regulations, namely: - 1. Short Title and Commencement.-(1) These regulations may be called the Central Electricity Regulatory Commission (Payment of Fees) Regulations, 2008. (2) These regulations shall come into force from the date of their publication in the Official Gazette. 2. Fee for Application for Determination of Tariff.-(1) An application for determination of tariff of a generating station or a unitthereof, shall be accompanied by a fee payable at the rate ofRs.2,000/MW/annum corresponding to the installed capacity of such generatingstation or unit for each year, for which tariff is to be determined: Provided that the generating company may pay the fee at the rate ofRs.2,000/MW/annum, corresponding to the installed capacity of the generatingstation or a unit thereof, while making the application for determination of tarifffor the first year and the balance fee may be paid in yearly installments at therate of Rs.2000/MW/annum, by 30th April of each year. [(2) An application for determination of tariff for inter-State transmissionsystem or an element thereof shall be accompanied by a fee payable at therate of 0.05% of the total annual transmission charges per annum claimed in the application: Provided that the transmission licensee may while making theapplication for determination of tariff pay fee at the rate of 0.05% of the annualtransmission charges claimed for the first year and the balance fee may be paidin yearly installments at the rate of 0.05% of the transmission charges claimed,by 30th April of each year; Provided further that the fee paid as aforesaid shall be finally adjustedwith actual tariff determined by the Commission for each year;] 3. Fee for Application for Purposes Other Than Determination of Tariff.-(1) An application for adoption of tariff determined through the transparentprocess of bidding under Section 63 of the Electricity Act, 2003 in accordancewith the guidelines issued by the Central Government shall be accompanied byfee of Rs.5 lakh. (2) An application for grant of licence for inter-State transmission of, or inter-State trading in, electricity shall be accompanied by such fee as may beprescribed by the Central Government from time to time. [(3) An application which is not an application for determination or adoptionof tariff or an application for grant of licence for inter-State transmission of, orinter-State trading in electricity, or an application for inspection or obtainingcertified copies of judicial records, but, including an application for approval ofprovisional tariff, shall be accompanied by a fee of Rs. forty thousand(Rs.40,000/-) and on admission of such application by the Commission, afurther fee of Rs. one lakh and sixty thousand (Rs.1,60,000/-) shall be paidwithin two weeks of communication of order of admission of the application.] (4) An application for any purpose other than those specified in clauses (1)to (3) (both inclusive) shall be accompanied by fee specified hereunder,namely:, (a) Interlocutory application
Rs.40,000/-
(b) Application for inspection of judicial records
Rs.500/- per day, not exceeding three hours
(c) Application for obtaining certified copy of the documents forming part of judicial records
Rs.10/- per page
(5) No fee shall be payable for an application made by the National Load Despatch Centre or the Regional Load Despatch Centre. [4. Licence Fee.-(1) The transmission licensee for inter-State transmission, including aperson deemed to be a transmission licensee referred to in the first, second,third, fourth and fifth provisos to Section 14 of the Electricity Act, 2003 for suchpurpose, shall pay licence fee at the rate of 0.05% per annum of the annualtransmission charges applicable for that year rounded off to the nearest one hundred rupees.:] Provided that the licence fee for the year 2008-09 shall be paid within 30days of commencement of these regulations. (2) The transmission licensee granted a licence for the inter-Statetransmission of electricity shall pay licence fee at the rate of Rs.two lakh(Rs.2,00,000/-) per annum from the date of grant of licence and up to the datepreceding the date of commercial operation of the inter-State transmissionsystem or an element thereof. (3) An electricity trader granted licence for inter-State trading in electricityshall pay fee at the rates specified hereunder: Ser No.
Category of licence
Fee/annum (Rs. in lakh)
1.
Category-I
30
2.
Category-II
12.5
3.
Category-III
2.5
Note - Category I corresponds to Categories `D’, `E’ and `F’. Category IIcorresponds to Categories `B’ and `C’ and Category III corresponds to Category `A’ of the Central Electricity Regulatory Commission (Procedure,Terms & Conditions for grant of Trading Licence and other related matters)Regulations, 2004.
(4) Fee specified in this regulation shall be paid within thirty days of the dateof grant of licence and thereafter annually by 30th April of each year 5. Fee Payable for Part of Year.-For a part of the year, fee shall be payable pro rata to the number of daysduring the year and shall be rounded off to the nearest hundred rupees. [6. Late Payment Surcharge.-Without prejudice to any other action that may be considered appropriate fornon-compliance of these regulations, late payment surcharge at the rate of one percentum (1%) shall be paid on the outstanding amount for each month or part thereoffor the period fee remains unpaid shall be paid. 7. Mode of Payment.-All fees, including late payment surcharge shall be payable through a demanddraft/pay order in favour of Assistant Secretary, Central Electricity Regulatory Commission, at New Delhi or by electronic transfer of money to the Commission's account: Provided that when payment is made through electronic transfer, necesary evidence of such payment shall be furnished] 8. Accounting of fee.-Application filing fee received shall be entered into a register to be maintainedby the Commission for the purpose in the format given in the Form-I appended tothese regulations and the licence fee received shall be entered into a register to be maintained for the purpose in the format given in the Form-II separately fortransmission licensee and the licensee for inter-State trading in electricity. 9. Power to Relax.-The Commission may in appropriate cases and for reasons to be recorded inwriting relax any of the provisions of these regulations. 10. Repeal and Saving.-(1) Save as otherwise provided in these regulations, the Central Electricity Regulatory Commission (Payment of Fee) Regulations, 2004 shall standrepealed from the date of commencement of these regulations. (2) Notwithstanding such repeal, anything done or purported to have beendone under the repealed regulations shall be deemed to have been done orpurported to have been done under these regulations.
FORM I
| SL.No | Petition/
Application No. |
Name of the party remitting fee | Amount | No and date of DD/Pay Order | Name of the Bank/Branch | Balance fee payable,if any | Surcharge payable,if any | Name and initials of the official receiving DD/Pay Order | Name and initials of the officials to whom DD/Pay Order/has been passed |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| Payment of balance fee | ||||||
| Name of the party remitting balance fee | Amount | No and date of DD/Pay Order | Name of the Bank/Branch | Whether the payment completely settled the balance fee | Name and initials of the official receiving DD/Pay Order | Name and initials of the official to whom DD/Pay Order/has been passed |
| 11 | 12 | 13 | 14 | 15 | 16 | 17 |
| Payment of surcharge | |||||||
| Name of the party remitting surcharge | Amount | No and date of DD/Pay Order | Name of the Bank/Branch | Whether the payment completely settled the surcharge | Name and initials of the official receiving DD/Pay Order | Name and initials of the official to whom DD/Pay Order/has been passed | Remarks |
| 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 |
FORM II
| SL.No | Name of the party remitting | Purpose of remittance | Amount | No and date of DD/Pay Order | Name of the Bank/Branch | Balance fee payable,if any | Surcharge payable,if any | Name and initials of the official receiving DD/Pay Order | Name and initials of the officials to whom DD/Pay Order/has been passed |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| Payment of balance fee | ||||||
| Name of the party remitting balance fee | Amount | No and date of DD/Pay Order | Name of the Bank/Branch | Whether the payment completely settles the balance fee | Name and initials of the official receiving DD/Pay Order | Name and initials of the official to whom DD/Pay Order/has been passed |
| 11 | 12 | 13 | 14 | 15 | 16 | 17 |
| Payment of surcharge | |||||||
| Name of the party remitting surcharge | Amount | No and date of DD/Pay Order | Name of the Bank/Branch | Whether the payment completely settled the surcharge | Name and initials of the official receiving DD/Pay Order | Name and initials of the official to whom DD/Pay Order/has been passed | Remarks |
| 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 |