(408)

Haryana Government Gazette

Published by Authority

No. 40-2021]

CHANDIGARH, TUESDAY, OCTOBER 5, 2021 (ASVINA 13, 1943 SAKA)

PART III

Notifications by High Court, Advertisement, Notices and Change of Name etc.

HARYANA ELECTRICITY REGULATORY COMMISSION

Notification

The 1st October, 2021

Regulation No. HERC/10/2005/5th Amendment/2021.— In exercise of the powers conferred on it by

section 86(1)(g) read with section 181 of the Electricity Act 2003 (Act 36 of 2003) and all other powers enabling it in

this behalf and after previous publication, the Haryana Electricity Regulatory Commission makes the following

regulations to amend the Haryana Electricity Regulatory Commission (Fee) Regulations, 2005 as under: -

Short title, commencement, and interpretation.

(1)

These Regulations may be called the Haryana Electricity Regulatory Commission (Fee) Regulations,

2005, 5th Amendment Regulations, 2021.

(2)

These Regulations shall come into force from the date of their publication in the Haryana Government

Gazette.

(3)

These Regulations shall extend to whole of the State of Haryana.

The following Schedule of Fee shall replace the existing schedule of fee appended to the amendment

notified on 11th January, 2021.

Sr. No.

Particulars

Prescribed Fee

Application Processing fee for grant of license

under section 14 of the Act as prescribed by the

State Government vide “Payment of Fees for

Processing of Application for Grant of License

Rules, 2005”.

As prescribed by Haryana Government

and amended from time to time.

Annual Fee for Transmission/ Distribution/ Trading Licensees

(a)

Annual Fees for determination of tariff / true-up and midterm review for Transmission /

Distribution/ Retail Supply / Trading Licensees.

(i)

Transmission Licensee

0.05% of the amount of the Annual

Revenue Requirement (ARR) including

non–tariff income of the previous year

subject to minimum of Rs. 25 lakh and

maximum of Rs. 3.5 Crore

PART III]

HARYANA GOVT. GAZ., OCT. 5, 2021 (ASVN. 13, 1943 SAKA)

409

Sr. No.

Particulars

Prescribed Fee

(ii)

Distribution Licensee

0.05% of the amount of the Annual

Revenue Requirement (ARR) including

non–tariff income of the previous year

subject to minimum of Rs.25 lakh and

maximum of Rs. 3.5 Crore

(iii)

Intra-State Trading Licensee

0.05% of the value of power traded

during the previous year subject to

minimum of Rs. 25 lakh and maximum

of Rs. 3.5 Crore.

(iv)

Inter-State Trading Licensee

0.05% of the value of power traded

during the previous year in relation to the

intra-state trading undertaken by the

petitioner in the State of Haryana subject

to minimum of Rs. 25 lakh and maximum

of Rs. 3.5 Crore

(b)

Licensees selected through competitive bid process

(i)

Transmission licensee

0.05% of the amount of the Annual

Revenue of the year based on bid

adjusted for escalation factors, subject to

a minimum of Rs. 25 lakh and maximum

of Rs. 3.5 Crore.

(ii)

Distribution licensee

0.05% of the amount of the Annual

Revenue of the year based on bid

adjusted for escalation factors, subject to

a minimum of Rs. 25 lakh and maximum

of Rs. 3.5 Crore.

(c)

Deemed Licensee(s)

0.05% of the amount of the Annual

Revenue of the year based on the

estimated energy to be handled at input

periphery of the petitioner licensee and

average ARR of Distribution Licensees

of the State per unit of the input energy at

input periphery of the Licensees for the

previous year. Subject to a minimum of

Rs.25 lakh and maximum of Rs. 3.5

Crore.

1For new applicant, first year projected ARR shall be the basis for determination of Annual Fee

subject to revision of fee corresponding to ARR determined by the Commission.

The annual fee shall be paid in advance at the commencement of the financial year.

Petition for grant of deemed licensee status in

Haryana

Rs. Two lakhs

Petition for approval of Business Plan

Rs. One (1) lakh

Petition for approval of Capital Investment Plan

Rs. One (1) lakh

Petition

for

determination

additional

surcharge/FSA or any other charges to be

recovered from the consumers in case not

submitted along with the ARR

Rs. One (1) lakh.

Application seeking prior approval under section 17

of the Electricity Act, 2003. (Except sale of Scrap)

0.01% of the value of the transaction for

which approval is sought, subject to a

minimum of Rs. 1 lakh and maximum of

Rs. 30 lakh.

HARYANA GOVT. GAZ., OCT. 5, 2021 (ASVN. 13, 1943 SAKA)

PART III]

410

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Particulars

Prescribed Fee

2when a part of asset is labelled as scrap by the licensees it is no longer part of the assets in use

for the normal business activity of the utility and therefore out of the ambit of Section 17 of the

Act.

Application for amendment of license under section

18 of the Electricity Act, 2003

Rs. Two Lakhs

Petition for determination of rates, charges, terms

and conditions under proviso to sub section (1) of

section 36 of the Electricity Act, 2003

Rs. Two lakhs Fifty thousand (To be paid

by each party)

10.

Petition for adjudication of disputes relating to

providing of non- discriminatory open access (Long

Term and Medium Term) under sub- section (47) of

section 2 read with section 9, 40 and or 42 of the

Electricity Act, 2003 and the regulations notified

there under.

Rs. Two lakhs

Petition for determination of Tariff under provisions of clause (a) of sub- section (1) of section 62

of the Electricity Act, 2003

Where annual determination of Tariff is involved

(i)

(a) Conventional Fuel based power plants (coal,

gas, liquid fuel etc.)

(b) Hydro Stations (more than 25 MW capacity)

Upto 5 MW Rs. 1 Lakh

ii. Upto 25 MW Rs. 5 Lakh

iii. Above 25 MW Rs 10,000/- per

MW of the Installed/ allocated

Capacity subject to Minimum fee of

Rs. 25 Lakh and Maximum fee of

Rs. 3.5 Cr.

(ii)

(a) Non-conventional and/or Renewable sources of

energy including co- generation-based power

plants

(b) Hydro Stations (upto 25 MW capacity) (Also

see Note 1)

Upto 5 MW Rs. 1 Lakh

ii. Upto 25 MW Rs. 5 Lakh

iii. Above 25 MW Rs 5,000/- per

MW of the Installed/ allocated

Capacity subject to a Minimum fee

of Rs.25 Lakh and Maximum fee of

Rs.1.75 Cr

Tariff determination for Generating Stations other than those covered under “A” above

(i)

(a) Conventional Fuel based power plants (coal,

gas, liquid fuel etc.)

(b) Hydro Stations (more than 25 MW capacity)

Upto 5 MW Rs. 5 Lakh

ii. Upto 25 MW Rs. 50 Lakh

iii. Above 25 MW Rs 50,000/- per

MW of the installed/ allocated

Capacity subject to a Minimum fee

of Rs. 1 crore and Maximum fee of

Rs. 3.5 Cr

(ii)

(a) Non-conventional and/or Renewable sources of

energy including co- generation-based power

plants

(b) Hydro Stations (upto 25 MW capacity) (Also

see Note 1)

Upto 5 MW Rs. 5 Lakh

ii. Upto 25 MW Rs. 50 Lakh

iii. Above 25 MW Rs 25,000/- per

MW of the installed/ allocated

Capacity subject to a Minimum fee

of Rs. 1 crore and Maximum fee of

Rs. 3.5 Cr

Adoption of Tariff u/s 63 of the Act.

(i)

(a) Conventional Fuel based power plants (coal,

gas, liquid fuel etc.)

(b) Hydro Stations (more than 25 MW capacity)

(Also see Note 1)

i. Upto 5 MW Rs. 1 Lakh

ii. Upto 25 MW Rs. 10 Lakh

iii. Above 25 MW Rs 2,000/- per

MW of the installed/ allocated

Capacity subject to a Minimum fee

of Rs. 20 Lakh and Maximum fee of

Rs. 70 lakhs.

PART III]

HARYANA GOVT. GAZ., OCT. 5, 2021 (ASVN. 13, 1943 SAKA)

411

Sr. No.

Particulars

Prescribed Fee

(ii)

(a) Non-conventional and/or Renewable sources of

energy including co- generation-based power

plants

(b) Hydro Stations (upto 25 MW capacity) (Also

see Note 1)

i. Upto 5 MW Rs. 1 Lakh

ii. Upto 25 MW Rs. 10 Lakh

iii. Above 25 MW Rs 1,000/- per

MW of the installed/ allocated

Capacity subject to a Minimum fee

of Rs. 20 Lakh and Maximum fee of

Rs. 35 lakhs.

(iii)

Transmission Service Agreement

Rs. 500 per MW with a Minimum fee of

Rs.

50,000/-

(Fifty

thousand)

and

Maximum of Rs. 2 Lakh

13.

Application / Petition for approval of Power Purchase Agreement / Power Sale Agreement /

Transmission Service Agreement including in principle approval. However, fee deposited in case

of seeking in principle approval shall be adjusted when final approval is sought.

(i)

(a) Conventional Fuel based power plants (coal,

gas, liquid fuel etc.)

(b) Hydro Stations (more than 25 MW capacity)

(Also see Note 1)

Rs. Ten thousand per MW of the

Contracted capacity with a Minimum of

Rs.

50,000/-

(Fifty

thousand)

and

Maximum of Rs. 25 Lakh.

(ii)

(a) Non-conventional and/or Renewable sources of

energy including co- generation-based power

plants

(b) Hydro Stations (less than 25 MW capacity)

(Also see Note 1)

Rs. Five thousand per MW of the

Contracted

capacity

subject

Minimum of Rs.50000/- (Fifty thousand)

and Maximum of Rs. 2 Lakh

(iii)

Transmission Service Agreement

Rs.

2000 per MW subject to a

Minimum

Rs.

50,000/-

(Fifty

thousand) and maximum of Rs. 2 Lakh

14.

Petition for review of Order of the Commission. (Also see Note 2)

(i)

Where fee is prescribed under this regulation

Rs. Two lakh or 50% of the Original Fee

whichever is less subject to a minimum

fee of Rs. 50,000/- (Fifty Thousand).

However,

exemption is granted to

category of Small Consumers having a

connected load below 20 kW for 20 (i)

and 20 (ii)c

(ii)

Where review is sought of Suo Motto Orders

Rs.50,000/ (Fifty thousand)

(iii)

Where review is sought of Order under 20(iii) filed

by any person other than the complainant covered

under 20(iii)

As per category wise fee mentioned under

20 (ii) – Others

(iv)

Where review is sought of Order under 20(iii) filed

by the complainant covered under 20(iii)

Nil

15.

Adjudication of dispute u/s 86 (1) (f) or u/s 35

Rs. 2,00,000/- (Two Lakhs)

16.

Request for inspection of documents / petition

disposed of or under consideration of the

Commission if permitted to be inspected

Rs. Five hundred per file/ per day

17.

Request for obtaining certified copies of order/

petition disposed of or under consideration of the

Commission as may be permitted.

Rs. Five per page subject to a

minimum of Rs. Fifty.

18.

Petition by SLDC on any matter not covered above.

Nil

19.

Surcharge for delay in submission of the Petition

0.004% per day (15% p.a.) from due date

(if prescribed by the Commission) up to

the actual date of submission.

HARYANA GOVT. GAZ., OCT. 5, 2021 (ASVN. 13, 1943 SAKA)

PART III]

412

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Particulars

Prescribed Fee

20.

Fee for any Application / Petition not covered above.

(i)

In case the application/petition is filed by the

residents of the group housing society against

Management/ Developer/ RWA

Rs.1,000/- (One thousand)

(ii)

Others

(a) By Utility / Licensee / deemed licensee / person

granted exemption from license

Rs. 50,000/- (Rs. Fifty thousand)

(b) By

Institution/

Association/

Organization/

Company (Limited, Private Limited,

Partnership) Proprietorship/ Trust/Societies

Rs. 50,000/- (Rs. Fifty thousand)

20 kw

Rs.1,000/- (Rs. One thousand)

(d) Interlocutory Applications (IA)

Rs. 5,000/ (Rs. Five thousand)

(e) Others than (a) to (d) above

Rs. 50,000/- (Rs. Fifty Thousand)

(iii)

Complaint under section142 or section 146 of

Electricity Act, 2003 provided that the person

(complainant) consumes electricity for its own use

and not for commercial purpose.

Provided that in case review petition is filed by any

person other than the complainant covered under

20(iv), fee for such review shall be as per clause

14(iii)

Provided that in case review petition is filed by the

complainant covered under 20(iv), fee is Nil

Nil

Complaint is a petition before the appropriate for a under the Consumer Act, and therefore,

borrowing the principle of law from there, its fee is kept as nil.

The cost of advertisement of public notices by the Commission in the newspapers in petition(s)

where comments/ objections of general public/ Stakeholders are required shall be borne by the

parties concerned if so ordered by the Commission.

Notes

The classification of projects falling under Non-conventional and/or Renewable sources of energy is

based on the relevant provisions of the National Tariff Policy.

Petition under the clause of removal of difficulty is not an application for review of Order. Such cases

will be covered in “20. Fee for any Application / Petition not covered above”

All fee should be rounded off to the nearest hundred Rupees except for fee at point 17.

By Order of the Commission

Panchkula:

Director/Tariff,

The 30th September, 2021.

HERC.

[186-1]

9337—C.S.—H.G.P., Pkl.