Notification- The Haryana Electricity Regulatory Commission (Duty to Supply Electricity on Request and Power to Recover Expenditure and Power to Require Security) Regulations, 2016 (2nd Amendment) Regulations, 2023.

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Haryana Government Gazette

Published by Authority

© Govt. of Haryana

No. 40–2023] CHANDIGARH, TUESDAY, OCTOBER 3, 2023 (ASVINA 11, 1945 SAKA) 

PART III

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

THE HARYANA ELECTRICITY REGULATORY COMMISSION Bays No. 33-36, Sector-4, Panchkula-134112, Haryana

Notification

The 27th September, 2023

Regulation No. HERC /34/2016/2nd Amendment/2023.— The Haryana Electricity Regulatory Commission, in exercise of the powers conferred under Sub-section 2 (t, v) of Section 181 read with Section 43,46 & 47 of the Electricity Act 2003 and all other powers enabling it in this behalf, after previous publication, makes the following regulations: 1. Short title, Commencement and Interpretation:

1.1. These Regulations shall become the part of the Haryana Electricity Regulatory Commission (Duty to Supply Electricity on Request and Power to Recover Expenditure and Power to Require Security) Regulations, 2016 (2nd Amendment) Regulations, 2023.

1.2. These amendments shall come into force with effect from the date of their publication in the Haryana Government Gazette and shall apply only to the Pilot Project in new Sectors 58–115 and Sector 37-C & 37-D of Gurugram, new sectors of Faridabad and areas falling on the left side of Delhi – Jaipur highway in Dharuhera.

2. Amendment to the Regulation 4 : POWER TO RECOVER EXPENDITURE

After clause 4.15, new provision numbered as 4.16 shall be added as under: 4.16 Special provision for the Pilot Project in new Sectors 58–115 and Sector 37-C & 37-D of Gurugram, new sectors of Faridabad and areas falling on the left side of Delhi – Jaipur highway in Dharuhera shall be as under: 4.16.1 System Voltage.

Notwithstanding anything else contained in these regulations, the licensee shall release all electricity connections in configuration of 220/33/0.4kV in new Sectors 58 – 115 and Sector 37C & 37D of Gurugram, new sectors of Faridabad and areas falling on the left side of Delhi – Jaipur highway in Dharuhera (―33 kV Pilot Project Belt/33 kV PPB‖).

4.16.2 Internal Electrical Infrastructure.

i) The Builder/Developer(s), at its own cost and expense, shall be responsible to erect and install adequate internal electrical infrastructure for drawing electricity at 33kV level from the switching station. Such internal electrical infrastructure shall include installation of the required Electric Line and Electrical Plant within its premises for e.g. 33kV lines and 33/0.4 kV distribution transformers, LT lines etc.

(1143)1144 HARYANA GOVT. GAZ., OCT. 3, 2023 (ASVN. 11, 1945 SAKA) [PART III ii) The phase wise development of the internal electrical infrastructure of such area/ complex/colony as per requirement may be permitted by the licensee as per the extant regulations. However, in case of Govt Deptt. / agencies of HSVP/HSIDC etc. the undertaking of the Secretary of the Deptt. concerned may be accepted in lieu of Bank Guarantee.

4.16.3 External Infrastructure.

External electrical infrastructure required for supplying electricity to the Builder/ Developer(s) shall be installed by the Licensee against payment of External Electrical System Development Charges (―EESDC for 33 kV PPB‖) as provided in these regulations hereinafter.

Explanation: -

External Electrical Infrastructure mentioned above shall mean all external electrical infrastructure required to supply electricity at 33kV level to Builder/Developer(s) in 33 kV Pilot Project Belt starting from source sub-station upto and including switching station. However, such external electrical infrastructure shall exclude provision of land required for installation of switching station.

4.16.4 External Electrical System Development Charges for 33 kV PPB.

i) Notwithstanding anything else contained in these regulations, the distribution Licensee shall collect External Electrical System Development Charges for 33 KV PPB (―EESDC for 33kV PPB‖) from the Builder/Developer(s) in lieu of their obligation(s) to create External Electrical Infrastructure including installation of switching station/ substation /line/bay. If any infrastructure is required to be created by the transmission licensee to cater to the applied load then its expenditure shall be claimed through ARR by the transmission licensee

ii) The Licensee shall be bound to install the required External Electrical Infrastructure within the stipulated timelines.

iii) EESDC for 33 kV PPB shall be charged on per MVA basis and shall be determined as per the following formula: -

EESDC = (A+B+C)/D

Where,

A= The cost of 33 kV bay at feeding substation.

B= The cost of 33 kV U/G line 2 runs of 3x400 sq.mm from feeding substation up to 33kV switching station.

C= The cost of 33 kV indoor AIS switching station.

D= The capacity of a switching station (25 MVA.)

iv) The cost of 33 kV feeding line from 33 kV switching station up to the premises of the Builder/Developer(s) shall be borne by the developer/builder in addition to the EESDC for 33 kV PPB.

v) EESDC for 33 kV PPB is exclusive of cost of the land required for installing switching station. Such land as may be required shall be provided by the Builder/Developer(s) in terms of these regulations to the Licensee for installation of the switching station.

vi) Applying the aforesaid formula, the Commission has fixed EESDC for 33 kV PPB at Rs. 31 lakh per MVA.

vii) The rates shall be valid for two years from the date of notification after which rates are liable for revision as per cost data book relevant at that time with the prior approval of the Commission.

4.16.5 Mechanism for recovery of External Electrical System Development Charges (EESDC)

i. Against a licence application received for grant of licence by DGTCP, at the time of issuance of LOI, a copy of such LOI along with a copy of draft/ final layout plan and sectoral plan (in case of plotted colony) or site plan and sectoral plan (in case of other than plotted colony) locational details of the colony shall be forwarded to the DISCOMs.

ii. Such draft layout/ site plan shall incorporate, draft electrification plan as well as the site of Electrical Sub Station/Switching Station (―ESS‖)as proposed by the coloniser keeping in view the right of way for electric lines and future evacuation of capacity.

iii. The DISCOMs shall within 30 days convey its approval of the electrification plan (with or without amendments) to the coloniser, along with a copy to DGTCP, which shall include the ultimate load, voltage level and suitability of land earmarked for ESS.

iv. The DISCOM shall also convey the total amount of EESDC recoverable from the coloniser along with such approval.

v. The location of ESS, as approved by DISCOM, shall be incorporated in the layout/ site plan to be approved by DGTCP.

vi. Upon receipt of such approval from the DISCOM, 50% of the total amount of EESDC shall be deposited to the DISCOM by the coloniser, under intimation to the DGTCP, before grant of licence.

Provided that in case a copy of such approval of electrification plan is not received by DGTCP within the prescribed period (i.e. 30 days), the draft electrification plan submitted by the coloniser shall be considered as deemed approved and further necessary action for grant of licence shall be considered by DGTCP accordingly.

vii. Balance EESDC shall be deposited within 3 years in case of 220 kV substations and within 2 years in case of 33kV, from the date of issuance of licence or before grant of occupation certificate (OC)/ part completion certificate (PCC)/ completion certificate (CC) by DGTCP or release of permanent connection by DISCOM, whichever is earlier.

Provided that DGTCP shall forward the case for grant of NOC before issuance of OC/ PCC/ CC from DISCOM, which shall be issued by the DISCOM within 30 days. In case no response is received from DISCOM within the stipulated period it will be considered as deemed NOC.

viii. For the entire workflow, as above, the DISCOM shall provide an online service through its portal to enable all activities to be conducted by all concerned stakeholders, seamlessly. Such portal shall also provide information pertaining to load norms and land/ usage norms for information of developer for assessment of load fixing voltage level etc.

4.16.6 Multi-point Connections

i) The Licensee shall release only multi point connections in colonies situated within 33 kV PPB. All internal distribution infrastructures for release shall be installed by the Builder/ Developer(s) at its own cost and expenses.

ii) The internal distribution infrastructure created by the Builder/Developer(s) shall be taken over by the Licensee after successful execution of work by the Builder/Developer(s) and energization of the system to the satisfaction of Licensee. All warranties of the internal distribution infrastructure shall stand transferred to the licensee to its benefit upon taking over of such system by the licensee.

iii) No further service connection charges shall be leviable on the consumers in the area, where EESDC have already been recovered and internal electrical infrastructure has been built by the Builder/Developer(s).

4.16.7 Metering Arrangements

i) All consumer meters in 33 kV PPB shall be smart meters & common utility meter shall be AMR, capable of being read remotely.

ii) Reference meter shall be installed at the substation/switching station (sending end) the purpose of reference meter shall be for energy auditing and monitoring.

4.16.8 Land for Switching Station

i) Builder/Developer(s) shall be required to handover the Licensee vacant and peaceful possession of rectangular land measuring at least 400 sq. yards in configuration of 14 m x 24 m, free of cost. In case dimensions of the land provided by the Builder/Developer(s) is different from the dimensions mentioned above, then the size thereof shall have to be as per GELO approved by Licensee.

ii) Each Builder/Developer(s) seeking supply for catering to load of 15 MVA to 25 MVA shall have to individually provide the aforesaid parcel of landed measuring at least 400 sq. yards to the Licensee, as above.

iii) Builder/developer(s) seeking supply for catering to load less than 15MVA shall have the option to constitute a group, at the time of application for permanent electrical connection, with other builder(s)/developer(s) so that the combined ultimate load of the group is up to 15 MVA. Such members of group shall not be individually required to provide land measuring at least 400 sq. yards to the Licensee, but as a group together.

iv) In case, a Builder/Developer(s) is not able to constitute or be part of a group, then it shall also be required to individually provide land measuring at least 400 sq. yards to the Licensee.

v) The Licensee may issue appropriate instructions governing modalities for constitution, administration, and management of the aforesaid group.

4.16.9 Upgradation of the existing Infrastructure from 11 kV to 33 kV

i) Where electrification plan has already been approved on 11kV and adequate infrastructure for the ultimate load at 11kV has been created, the cost for switching over from 11 kV to 33 kV shall be borne by the Licensee and such cost shall form part of the ARR.

ii) In cases where estimates for installation of internal infrastructure by the Builder/ Developer(s) at 11 kV has been approved, supervision charges have been collected by the licensee and the work of installation internal infrastructure has been started (after placing work orders/ purchase orders) by the Builder/Developer(s) before the date of notification of this amendment, the licensee shall not enforce revision of estimates. Shifting from 11kV to 33 kV system will be done by the licensee at its own cost and such cost shall form part of the ARR.

4.16.10 Load of the project area/scheme of the builder/developer greater than 25MVA

i) Where the ultimate load of a project area/scheme of the developer/builder greater than 25MVA and up to 50 MVA, two 33 kV switching stations with separate bays at feeding substation and separate feeding lines for each switching station shall be provided. The Builder/Developer will hand over lands for two 33kV indoor AIS switching stations 400 sq. yards(14mx24m) each besides deposition of EESDC for 33 kV PPB.

ii) For cases above ultimate load of 50 MVA, 3rd 33kV feeder can be provided subject to the condition that there is feasibility of providing the same. The land shall be provided by the builder/Developer besides deposition of EESDC. In case there is no feasibility of providing 3rd 33kV feeder the builder/Developer will be required to provide land for 220kV substation besides payment of EESDC for 220kV substation.

iii) Loads above 75 MVA, builder / developer shall have an obligation to provide land for 220kV substation and right of way for lines/ cables besides deposition of EESDC. The land requirement for 220kV AIS substation will be 6.61 Acre (178mx150m) or 3.80 Acre (130mx118m) for GIS. The land size mentioned above is optimal minimum. In case the dimension of land provided by the Builder/Developer(s) is different than dimensions mentioned above, then the size of the land to be provided shall be as per GELO approved by Licensee. The EESDC for 220kV substation will be 52 lakhs per MVA for AIS and 78 lakhs per MVA for GIS.

4.16.11 Release of Connections to General/Non-Builder Consumers.

Supply to the General/Non-Builder consumers, which are not part of licensed area of Builder/ Developer(s) and situated within 33 kV PPB, shall generally be given at the following voltages on the basis of connected load:

4.16.12 Inventory of 33/0.4kV Standard Rating Distribution Transformers (DTs).

The Licensee shall maintain sufficient inventory of 33/0.4kV standard rating DTs (from 50 kVA to 2MVA) and shall issue the same to consumers at store issue rate till such time the said rating Distribution transformers are readily available in market on demand.

4.16.13 The term Licensee used in this amendment unless otherwise expressly mentioned shall mean distribution licensee.

4.16.14 All relevant applicable regulations shall stand amended to the above extent.

By Order of the Commission

(Sd.,)…., SECRETARY, Haryana Electricity Regulatory Commission. [951–1]

10620—C.S.—H.G.P., Pkl.