Central Electricity Regulatory Commission (Conduct of Business) Regulations, 1999
Central · 1999
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Chapter CHAPTER I
- S. 1Short title, commencement, and interpretation
- S. 2Definitions
- S. 3Commission's office, office hours and sittings
- S. 4Section 4 specifies the operating hours for the Central Electricity Regulatory Commission's offices.
- S. 5Section 5 allows acts to be completed on the next open day if the deadline falls on a closed office day.
- S. 6The Commission can hold hearings at its headquarters or elsewhere, on specified days and times.
- S. 7Language of the Commission
- S. 8Section 8 mandates that only English or Hindi documents, with translations if necessary, can be accepted by the Commission.
- S. 9Section allows the Commission to accept translations agreed by parties or certified by a translator for proceedings.
- S. 10Section 10 allows the Commission to order translations of petitions and documents into English by a designated officer.
- S. 11Commission to have seal of its own
- S. 12Officers of the Commission
- S. 13Section 13 outlines the Secretary's role as the Principal Officer, detailing their duties including record custody, petition handling, and order compliance for the Commission.
- S. 14Section 14 allows the Central Electricity Regulatory Commission to delegate its functions to its officers.
- S. 15Section 15 allows the Secretary to delegate any regulatory functions to other Commission officers, with Commission approval.
- S. 16Section 16 allows a designated officer to perform the Secretary's duties when the Secretary is absent.
- S. 17Section 17 grants the Commission authority to review and modify its own orders and actions as deemed appropriate.
- S. 18Recognition for Consumer Associations
- S. 19Section 19 allows the Commission to appoint and compensate an officer or person to represent consumer interests in proceedings.
Chapter CHAPTER II
- S. 20Proceedings etc. before the Commission
- S. 21Quorum and Sitting in Benches
- S. 22Attendance by Members and Voting
- S. 23Authority to represent
- S. 24Initiation of proceedings
- S. 25Section 25 allows the Commission to issue notices, orders, and directions for proceedings and publication of petitions for comments.
- S. 26Section 26 allows the Commission to appoint an officer or another person to act as a petitioner during an inquiry.
- S. 27Petitions and pleadings before the Commission
- S. 28General headings
- S. 29Affidavit in support
- S. 30Section penalizes giving false evidence or fabricating evidence in Commission proceedings with up to seven years imprisonment and fine.
- S. 31Presentation and scrutiny of the petitions
- S. 32Section 32 outlines where and how petitions must be submitted to the Central Electricity Regulatory Commission, including personal or agent presentation and registered post options.
- S. 33Section 33 details the process for acknowledging receipt of a petition filed with the Central Electricity Regulatory Commission.
- S. 34Section 34 records the filing and receipt of petitions in the Commission's designated register.
- S. 35Section 35 allows the Receiving Officer to reject non-compliant petitions but must give the petitioner a chance to fix defects.
- S. 36Section allows an aggrieved person to appeal a Receiving Officer's order to the Commission's Secretary for review.
- S. 37Section 37 allows the Chairperson or a designated member to manage and direct the presentation of petitions.
- S. 38Section 38 registers and numbers petitions if they are not refused or rectified by the Commission.
- S. 39Section 39 outlines the process for the Central Electricity Regulatory Commission to schedule a preliminary hearing after reviewing a lodged petition.
- S. 40Section 40 allows the Commission to admit petitions without party attendance and must provide a hearing before refusing admission.
- S. 41Section 41 allows the Commission to issue orders for notices, replies, and hearings after admitting a petition.
- S. 42Service of notices and processes issued by the Commission
- S. 43Section 43 allows notices or processes to be sent to a person or their authorized agent at their provided address or usual place of business.
- S. 44Section 44 allows authorized agents to receive official notices and processes on behalf of clients in Commission matters.
- S. 45Section requires parties to file an affidavit detailing how and when they served notices in proceedings before the Commission.
- S. 46Section 46 mandates the publication of required petitions in specified newspapers as directed by the Commission.
- S. 47Section 47 allows the Commission to dismiss petitions or issue further directions if there's non-compliance with service or publication requirements.
- S. 48Section 48 allows minor defects in service or publication to be valid if substantial injustice is not caused.
- S. 49Filing of reply, opposition, objections, etc.
- S. 50Section 50 requires the respondent to send a reply with supporting documents to the petitioner and file proof of service with the Commission.
- S. 51Section allows the petitioner to file a rejoinder after the respondent presents additional facts for a fair decision.
- S. 52Section 52 outlines the process for filing objections or comments and potential participation in proceedings before the Central Electricity Regulatory Commission.
- S. 53Hearing of the matter
- S. 54Section 54 allows the Commission to decide cases based on party pleadings or evidence, and can direct cross-examination and evidence recording.
- S. 55Powers of the Commission to call for further information, evidence, etc.
- S. 56Section 56 allows the Commission to summon witnesses, request documents, and examine records deemed relevant to its investigations.
- S. 57Section penalizes providing false evidence or fabricating evidence in Commission proceedings with up to seven years imprisonment and fine.
- S. 58Section 58 penalizes anyone who disrupts or insults the Commission's proceedings with up to six months' imprisonment or a fine of up to Rs.1000.
- S. 59Reference of issues to others
- S. 60Procedure to be followed where any party does not appear
- S. 61Section allows aggrieved parties to apply for recall of dismissed or ex parte orders if they had valid reasons for non-appearance.
- S. 62Orders of the Commission
- S. 63Section 63 mandates that the Commission's order reasons, including dissenting views, are part of the order and available for inspection and copying.
- S. 64Section certifies that all Commission orders and decisions must be signed by a Secretary or authorized officer and bear the official seal.
- S. 65Section 65 mandates that final orders from the Commission must be signed by the Secretary or an authorized officer.
- S. 66Inspection of records of proceedings and supply of certified copies
- S. 67Section allows individuals to obtain certified copies of Commission documents on payment of a fee and compliance with specified terms.
- S. 68Interim Orders
Chapter CHAPTER III
- S. 69Section 69 allows the Central Electricity Regulatory Commission to initiate arbitration for disputes related to specified matters in the Act.
- S. 70Section directs the Commission to issue notices to parties to show why a dispute shouldn't be arbitrated.
- S. 71Section allows the Commission to refer disputes to arbitration if no valid reasons are presented against it.
- S. 72Section 72 specifies that arbitration procedures should mirror those used in Commission hearings.
- S. 73Section 73 specifies that arbitration and regulatory commission costs are directed by the Commission.
Chapter CHAPTER IV
- S. 74Section 74 empowers the Commission to direct officers to investigate, collect information, and issue necessary directions for inquiries.
- S. 75Section 75 allows the Commission to issue inquiry notices and conduct investigations as per Chapter II procedures.
- S. 76Section 76 allows the Commission to hire consultants and experts to study and report on any matter.
- S. 77Section 77 ensures parties can object and submit on reports or info used by the Commission in proceedings.
Chapter CHAPTER V
- S. 78Section 78 outlines the Commission's authority to fix tariffs and determine energy charges after considering all views.
- S. 79Section 79 mandates that generating companies must obtain approval from the Central Electricity Regulatory Commission for tariffs on electricity supply and inter-State transmission.
- S. 80Generating companies must obtain the Central Electricity Regulatory Commission's approval for tariffs before entering into electricity supply agreements.
- S. 81Section 81 mandates the Central Electricity Regulatory Commission to periodically create and notify guidelines for electricity tariffs.
- S. 82Section 82 outlines factors the Commission considers for regulating electricity tariffs, including productivity, cost-based tariffs, efficiency incentives, and environmental standards.
- S. 83Section regulates charges for inter-State and intra-State power transmission by the Central Transmission Utility and other utilities.
- S. 84The Commission can create incentive plans for utilities to improve performance, which may be updated as needed.
- S. 85Section allows the Commission to approve time-of-day metering tariffs and incentivized payment terms.
- S. 86Section 86 mandates utilities to develop tariff proposals based on Commission's notified terms and submit them for approval as per prescribed procedure.
- S. 87Section outlines the process for filing and handling petitions for tariff approval or revision under the Commission's regulations.
- S. 88Section 88 allows the Commission to approve tariffs with stipulations and mandates arbitration for tariff disputes.
- S. 89Section 89 allows the Commission to examine utility books and records, with reports shared and parties given a chance to respond.
- S. 90Section mandates utilities to publish approved tariffs and they remain in effect until the Commission approves and publishes amendments.
- S. 91Section 91 mandates penalties for utilities charging unapproved tariffs, aligning with the Central Electricity Regulatory Commission's directives.
- S. 92Section allows the Commission to initiate tariff review on its own, following prescribed procedures.
- S. 93Section 93 outlines the process for reviewing the Central Electricity Regulatory Commission's tariff orders.
- S. 94Section mandates utilities to submit periodic operational and cost data to the Commission for monitoring and tariff reassessment.
Chapter CHAPTER VI
- S. 95Section 95 allows the Central Electricity Regulatory Commission to approve a utility's code for the Inter-State Transmission System's planning and operation.
- S. 96Section 96 mandates applicants for a Transmission Licence to adhere to the Indian Electricity Grid Code guidelines.
- S. 97Section allows aggrieved parties to appeal to the Commission against decisions or delays by the Central Transmission Utility regarding electricity supply approvals.
- S. 98Section 98 outlines the procedure for filing and disposing of appeals under the regulations.
- S. 99Section 99 empowers the Central Electricity Regulatory Commission to issue directives to the Central Transmission Utility for competitive, efficient, and integrated grid operations.
- S. 100Section 100 mandates the Central Electricity Regulatory Commission to regulate the Inter-State Transmission System and enforce decisions related to grid operations.
Chapter CHAPTER VII
- S. 101Time limit for disposal of petitions
- S. 102Advisory Committee
- S. 103Review of the decisions, directions, and orders
- S. 104Continuance of proceeding after death, etc.
- S. 105Proceedings to be open to public
- S. 106Section penalizes those who insult or interrupt the Central Electricity Regulatory Commission proceedings with imprisonment or fines.
- S. 107Section 107 allows the Commission to refer serious cases to a magistrate for trial and custody if necessary.
- S. 108Publication of petition
- S. 109Inspection of Commission's Records and Confidentiality
- S. 110Issue of orders and directions on procedures
- S. 111Saving of inherent power of the Commission
- S. 112Section allows the Commission to adopt procedures differing from these Regulations if deemed necessary for special circumstances.
- S. 113Section 113 allows the Commission to handle any issues or exercise powers not covered by these regulations as it sees fit.
- S. 114General power to amend
- S. 115Power to remove difficulties
- S. 116Extension or abridgement of time prescribed
- S. 117Effect of non-compliance
- S. 118Costs
- S. 119Enforcement of orders passed by the Commission