THE

JHARKHAND GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

23 AGRAHAYAN 1945 (S)

RANCHI, THURSDAY 14^thDECEMBER, 2023

JHARKHAND STATE ELECTRICITY REGULATORY

COMMISSION, RANCHI

--------

NOTIFICATION

22^ndNovember, 2023

Jharkhand State Electricity Regulatory Commission (Utilization of Surplus

Capacity of Captive Power Plants based on Conventional Fuel) Regulation, 2023

Notification No.95--In exercise of the powers conferred by Sub-Section (b) of

Section 86 of the Electricity Act 2003 (36 of 2003) and all powers enabling it on that

behalf, the Jharkhand State Electricity Regulatory Commission hereby makes the

following Regulations, to harness the surplus generation capacity of captive power

units and to reduce peak time shortages in the system.

Short Title, Commencement and Interpretation

1.1.

These Regulations shall be called the Jharkhand State Electricity

Regulatory Commission (Utilization of Surplus Capacity of Captive Power

Plants based on Conventional Fuel) Regulations, 2023.

1.2.

These Regulations shall apply to all the Captive Power Plants using

conventional fuels in the State of Jharkhand.

No. 739

Jharkhand Gazette (Extraordinary), Thursday, 14^th December, 2023

1.3.

These Regulations shall come in to force on the date of its publication in

the Jharkhand Gazette.

Definitions

2.1.

In these Regulations, unless the contex to therwi sere quires:

‘ABT’ shall mean Availability Based Tariff;

‘Act’ shall mean the Electricity Act, 2003 and subsequent

amendments thereof;

‘Banking’ shall mean the facility by which unutilized surplus power

is supplied by the Captive Power Plant (CPP) to the grid, not with the

intention of selling it, but with the intention of exercising its

eligibility to draw back this power from the grid at a later stage on

payment of banking charges and as per other terms and conditions

as specified by the Commission from time to time;

‘Billing cycle’ shall mean a period of one month commencing from

00:00 hours on the first day of the month and ending at 24:00

hours on last day of the month;

‘Captive Power Plant (CPP)’ shall have the same meaning assigned

in electricity rule 2005 and amended from time to time;

‘Captive User(s)’ shall have the same meaning assigned in

electricity rule 2005 and amended from time to time;

‘Company’ shall mean a company formed and registered under the

Companies Act, 1956 and includes anybody corporate under a

Central, State or Provincial Act;

‘Commission’ or‘ JSERC’ shall mean the Jharkhand State

Electricity Regulatory Commission;

‘Conventional Fuel’ shall mean any of the fossil fuels such as coal,

lignite etc;

‘Day’ shall mean a continuous period of 24 hours;

‘Firm Power’ shall mean the power agreed for supply by a CPP to a

Distribution Licensee in the Power Purchase Agreement executed

between the Distribution Licensee and the CPP. The variation up to

plus or minus 10% from the agreed capacity shall be treated as firm

power;

‘Firm Energy’ shall mean energy corresponding to Firm Power;

‘Grid Code’ shall mean the JSERC (State Grid Code) Regulations,

2008, and the CERC(Indian Electricity Grid Code) Regulations,

2023, as amended from time to time;

Jharkhand Gazette (Extraordinary), Thursday, 14^th December, 2023

‘Infirm Power’ shall mean the power supplied by a CPP to a

Distribution Licensee if it is less than 90% or more than 110% of the

Firm Power as defined above;

‘Infirm Energy’ shall mean energy corresponding to In-firm Power;

‘Licensee’ shall mean a person who has been granted a licence

under section 14 of the Act;

‘Open Access Regulation’ shall mean the JSERC (Terms and

Conditions for Intra State Open Access) Regulations, 2016, as

amended from time to time;

‘Stand-by contract demand’ shall mean the maximum demand in

Mega Watt (MW) contracted by the CPP under Standby support with

the Distribution Licensee of its area of supply;

‘Stand-by period’ shall mean a period worked out by the Licensee

as per the procedure for requisitioning Stand-by support as

provided in these Regulations;

‘Stand-by support’ shall mean the contractual arrangement

between the CPP user and the Distribution Licensee of his area of

supply to provide power in case of planned or forced outage of the

CPP. The nature of outage may be ‘partial’ (outage of one or more

units but not all units) or ‘full’ (outage of all units);

‘SLDC’ shall mean the State Load Dispatch Centre (established

under subsection (1) of section 31 of the Act) to ensure integrated

operations of the power system and coordinating supply-demand in

the state in real- time;

‘TYPEACPP’ shall mean CPP which is not connected to the grid;

Interconnecting breaker on the grid end shall be kept open, and

shall be charged by the Licensee only when the notification of

requirement of Stand-by support is required by the Captive User;

‘TYPE B CPP’ shall mean CPP which is located within the premises

of the captive user and connected to grid;

‘TYPE C CPP’ shall mean CPP which is located at premises other

than that of the captive user;

‘Year’ or ‘Financial Year’ shall mean a period commencing on April

01 of a calendar year and ending on March 31 of the subsequent

calendar year;

2.2.

All other expressions used herein although not specifically defined

herein, but defined in the Act, shall have the meaning assigned to them

in the Act. The other expressions used herein but not specifically defined

in this Regulations, JSERC (Terms and Conditions for Intra State Open

Jharkhand Gazette (Extraordinary), Thursday, 14^th December, 2023

Access) Regulations, 2016, JSERC (State Grid Code) Regulations, 2008

and amendments thereof or in the Electricity Act, 2003 and amendments

thereof but defined under any law passed by the parliament applicable to

electricity industry in the State or stated in the tariff order shall have the

meaning assigned to them in such law. Subject to the above the

expression used herein but not specifically defined in this regulation or

the regulation in the Act or any law passed by the parliament shall have

the meaning as is generally assigned in the electricity industry.

Grid Interconnection/ Parallel Operation

3.1.

The CPP and dedicated transmission/distribution lines and substations

shall be established, operated and maintained, as per the technical,

safety

and

grid

standards

specified

the

Transmission

Licensee/Distribution Licensee or the Commission as the case maybe.

3.2.

As per section 9 of the Act, the supply of electricity from a CPP through

the grid shall be regulated in the same manner as the generating station

of a generating company. For this purpose, the CPP shall comply with the

directions issued by the SLDC and/or the distribution licensee for

exercising supervision and control as may be necessary for ensuring

integrated grid operations and for achieving the maximum safety,

economy and efficiency in the operation of power system in the state.

Provided that if any dispute arises with reference to the quality of

electricity or safe, secure and integrated operation of the State grid or in

relation to any direction issued by SLDC and/or the distribution

licensee, it shall be referred to the Commission for the decision. However,

pending the decision of the Commission, the CPP shall comply with the

directions issued by the SLDC/ Licensee, as the case may be.

3.3.

The CPP, shall have the right to open access for the purposes of carrying

electricity from its captive generating plant to the destination of its use

subject to availability of adequate transmission and/or distribution

facility determined by the State Transmission Utility or the Distribution

Licensee, as the case may be.

3.4.

A CPP, in accordance with provisions of Section 9 of the Act, may sell

surplus power, after consuming not less than 51% of the aggregate

electricity generated in such plant determined on annual basis as

prescribed in Rule 3 of the Electricity Rules, 2005 to a Distribution

Licensee as per the provisions of the Act, Rules & these regulations and

to any consumer in accordance with the provisions of the JSERC (Terms

and Conditions for Intra State Open Access) Regulations, 2016, as

amended from time to time.

3.5.

CPP, connected with the grid, shall ensure compliance of the State Grid

Code, Indian Electricity Grid Code and the Regulations issued by the

Central Electricity Authority, amended from time to time, and any other

direction of SLDC issued from time to time for ensuring integrated grid

operation and for achieving the maximum economy of the operation of

power system.

Jharkhand Gazette (Extraordinary), Thursday, 14^th December, 2023

3.6.

A CPP intending to supply electricity to a Distribution Licensee will bear

all the cost of power evacuation facility including the switch yard and

interconnection facilities up to the point of injection into the substation

including cost of bay/breaker of the Licensee’s substation.

3.7.

The connectivity to the system network shall be provided by the Licensee

only after the CPP completes all the formalities as prescribed by the

Licensee with respect to seeking connection of the CPP to the grid. The

CPP shall also be required to maintain the statutory clearances

throughout the term of connectivity with the grid.

3.8.

The CPP shall provide the infrastructure for connecting the generating

plant (if not existing earlier) to the network of the Transmission

Licensee/Distribution Licensee as the case may be.

3.9.

In case the CPP requires the Transmission Licensee/Distribution

Licensee to build the in frastructure to connect the CPP with the

Licensee’s network then the CPP shall have to bear the cost as per the

applicable rates for extending network facility.

3.10. The voltage level for interconnection with the grid shall be the voltage

level specified for different loads/contract demand for supply to the

consumers in accordance with the provisions of the JSERC (Electricity

Supply Code) Regulations, 2015, as amended from time to time, subject

to technical feasibility.

Provided that where it is technically more suitable to give connectivity at

voltage other than that specified in the referred Regulations, Distribution

Licensee may provide the connectivity at other voltage level with the

consent of Captive Generator.

3.11. The scheme of synchronizing the CPP with the concerned Licensee’s

network

shall

have

approved

the

Transmission

Licensee/Distribution Licensee as the case may be.

3.12. A CPP, which is an obligated entity under the JSERC (Renewable Energy

Purchase Obligation and its compliance) Regulations, 2016, as amended

from time to time, shall ensure compliance of the said Regulations.

Conditions for Sale and Purchase of Power

4.1.

Any CPP with an installed capacity of 1 MW and above and willing to sell

the surplus power to a Licensee within the state shall be required to

enter into a Captive Power Plant (CPP) Agreement with the Licensee. The

Licensee shall prepare and submit to the Commission a CPP Agreement

to be signed with the CPP, for the Commission’s approval.

4.2.

The CPP Agreement shall entail all details such as Sale of Power,

Metering & Energy Billing, Scheduling, Balancing and Settlement, Stand-

By Support, Banking Arrangements and other conditions as specified in

these Regulations.

Jharkhand Gazette (Extraordinary), Thursday, 14^th December, 2023

4.3.

All existing CPP Agreements shall be superseded with the applicability of

these Regulations.

4.4.

Licensee within the state shall have the first right of refusal in cases

where a CPP with an installed capacity of 1 MW and above is willing to

sell the surplus power outside the state.

Provided if Licensee within the state fails to enter into a Captive Power

Plant (CPP) Agreement within 60 days of invoking the first right of

refusal, the CPP will be free to sell its surplus power anywhere.

4.5.

The maximum rate of purchase of power from a CPP by the Licensee

shall be as per the approach specified in clause 4.8 of these regulations.

However, the concerned Distribution Licensee shall have the option of

procuring short-term/long-term power from any CPP based on

competitive bidding, in terms of the guide lines by the Ministry of Power,

Government of India in this regard.

4.6.

The energy for each time block of 15 minutes equivalent to the Firm

Power declared in the Power Purchase Agreement shall be calculated as

under:

ܨܧ= (ܦ ݔ 1000)/4

Where,

FE= Firm energy(in kWh)

D= Firm Power (in MW)

4.7.

The rate for the purchase of Firm Power from the CPP shall be

differentiated between the power purchased during peak-hours and off-

peak hours. For this purpose, peak-hours will be the period between

06:00 hours to 10:00 hours and 18:00 hours to 22:00 hours on any day,

and the remaining period will be considered as off-peak hours.

4.8.

The maximum rate of purchase of Firm Power during peak hours shall

betaken as the weighted average power purchase costs of the Licensee

(excluding liquid fuel based generation, generation from renewable

sources and power drawn from Unscheduled Interchange) as approved by

the Commission in the applicable Tariff Order.

4.9.

Power injected by the CPP during off-peak hours shall be paid for at rate

of upto 85% of the power purchased rate during peak hours.

4.10. The rate of purchase of In-firm Power shall be 80% of the rate specified

for Firm Power, for both peak hours and off-peak hours.

4.11. For a grid connected CPP that requires drawal of power at regular basis,

the drawal up to contract demand shall be billed at retail supply tariff

(HT Industrial tariff) and the drawal beyond contract demand shall be

deemed as Stand-By Support.

Jharkhand Gazette (Extraordinary), Thursday, 14^th December, 2023

Metering & Energy Billing

5.1.

The point for measuring the energy delivered shall be the interface point

of the CPP and the Distribution Licensee or Transmission Licensee, as

the case may be. All losses from the interface point shall be borne by the

Licensee in case power is being purchased by the licensee.

5.2.

All CPPs desirous of selling power to either Distribution Licensee or Third

party or seeking Stand-by support from the Licensee shall have to install

at their premises, ABT compliant main and check special energy meters

capable of energy accounting for each block of 15 minutes at the

generation end and at the interface point.

5.3.

Responsibility of meter reading, energy accounting and settlement of

charges at the CPP interface point shall be with the concerned Licensee

or as per the provisions of the Power Purchase Agreement between the

Licensee and the CPP.

5.4.

The Invoice for power purchased by a Licensee shall be raised by the CPP

based on the meter readings at the interface point within a period of 1

week from the date of meter reading. The concerned Licensee shall be

responsible for making payment against the invoice, at the most, within

the same period as provided by it to recover payments from the HT

consumers. The exact terms of duration of payment shall be defined in

the Power Purchase Agreement.

5.5.

The CPP shall also have the option to receive payment through a

revolving Letter of Credit of a value equal to 1/12th of the total amount

billed in the previous financial year in favour of the CPP. For a new CPP,

it would be 1/12th of the amount for energy proposed to be supplied in

the current financial year. The cost of opening and maintaining the Letter

of Credit shall be borne by the CPP.

5.6.

For payment of bills of capacity charges and energy charges through the

Letter of Credit a rebate of 2.0% of the billed amount shall be provided by

the CPP to the Licensee. If the payments for the bills of capacity and

energy charges are made by a mode other than through the Letter of

Credit but within a period of one month of presentation of bills by CPP, a

rebate of 1.0% of the billed amount shall be provided by the CPP to the

Licensee.

5.7.

In case the payment of bills of capacity and energy charges by the

Licensee is delayed beyond a period of one month from the date of billing

a late payment surcharge as may be determined by the Commission from

time to time shall be payable by the Licensee.

Scheduling, Balancing and Settlement

6.1.

The CPPs shall be required to provide the injection and drawal schedules

as per ‘PART E: SCHEDULING & DESPATCH CODE’ of the JSERC

(State Grid Code) Regulations, 2008 and its amendments thereof.

Jharkhand Gazette (Extraordinary), Thursday, 14^th December, 2023

Provided that advanced machine learning driven power portfolio

management operating software may be used for implementation of

optimum generation schedules.

6.2.

All payments for Firm energy and In-firm energy shall be done as per the

following methodology:

Step-1: Energy, for each time-block of 15-minutes, recorded by the

export/import energy meter installed at the interface point of CPP

and the Licensee, equivalent to Firm Power in MW declared in the

Power Purchase Agreement, shall be worked out as per clause 4.6 of

these regulations.

Step-2: At the end of a billing cycle, the data downloaded from the

inter face meters shall be used to compute actual energy generate

don a 15- minute time-block-wise basis. The actual energy delivered

to the Licensee shall be determined after deducting any third party

sales and energy supplied to own consumers, if any, from the total

net exported energy as recorded at the CPP premises.

Step-3: Payment settlement for Firm energy and In-firm energy shall

be done at the end of the billing cycle for energy injected on a 15-

minute basis. The data downloaded from the interface meters

representing actual export/import shall be compared with the

injection schedule for each correspondingtimeblockof15 minute

sand payment shall be made onthe following basis:

Condition

Payment

actual

energy

injected is more than

the Firm energy

As long as actual energy injected is less than or equal to

110% of declared Firm energy, the payment of all energy

injected shall be at rates applicable for Firm Power for the

particular period of time.

In case actual energy injected is greater than 110% of

declared Firm energy, the payment for all energy injected shall

be at rates applicable for In-firm Power for the particular

period of time.

actual

energy

injected is equal to

the Firm energy

All actual energy injected shall be paid at the rates applicable

for Firm Power for the particular period of time

actual

energy

injected is less than

the Firm energy

As long as actual energy injected is greater than or equal to

90% of declared Firm energy, the payment of all energy

injected shall be at rates applicable for the Firm Power for the

particular period of time.

In case actual energy injected is less than 90% of declared

Firm energy, the payment for all energy injected shall be at

rates applicable for In-firm Power for the particular period of

time.

Jharkhand Gazette (Extraordinary), Thursday, 14^th December, 2023

In cases where in the Licensee is unable to schedule the power as

contracted in the Power Purchase Agreement with the CPP, due to

system constraint/low power demand, the calculation for the Firm

energy shall be done on the basis of the restricted schedule given by

the Licensee.

Stand-By Support

7.1.

The Stand-by support shall be provided to the following type of Captive

Users:

Where the Captive User and his CPP are located within the same

premises but the CPP is not connected to the grid at all; and

Captive Users whose CPP is connected with the grid, but the Captive

User does not have any other supply contract, other than a Contract

Demand with the Distribution Licensee of Captive User’s area of

supply.

7.2.

The applicability of Stand-by support to the different types of Captive

Power Plants shall be as under:

Type

Description

Additional

powersupply

arrangements of CPP

Stand-by support

CPP

not

connected to grid

other

power

supply

arrangement except own CPP

Allowed

CPP

located

within

the

premises of the

captive user and

connected to grid

From Distribution Licensee only

Allowed

CPP is located at

premises

other

than that of the

captive user

From Distribution Licensee only

Allowed

per

the

provisions

the

JSERC

(Balancing

Settlement

Mechanism for Open Access)

Regulations, 2010

7.3.

The Licensee shall be compulsorily obliged to provide facility of Stand-by

support to the CPP identified in the table above. The Stand-by support

sought by the user shall not exceed the contracted stand-by demand.

7.4.

In case the Licensee is not in a position to supply the Stand-by contract

demand on the request of CPP, which has contracted Stand-by demand

with the Licensee on terms and conditions as provided in these

Regulations, the Licensee shall pay to the Captive User by way of penalty

at two times the fixed charges as prescribed in clause 7.9 and clause

7.18 of these Regulations for the period of supply is unavailable.

However, either party shall not be liable for any claim for loss/ damage

or compensation whatsoever arising out of failure of supply when such

failure of supply is due to, either directly or indirectly, to major

breakdown of captive power plant due to technical reasons i.e.,

Jharkhand Gazette (Extraordinary), Thursday, 14^th December, 2023

breakdown of Turbine or Alternator or Force Majure conditions such as

war, mutiny, Civil commotion, riot, terrorist attack, fire, flood, strike

(subject to certification by Labour Commissioner), lock out (subject to

certification by Labour Commissioner) cyclone, lightening, earthquake or

act of God. However, if such event occurs, then the period of

discountinuance shall be added to the said period of the stand-by

agreement.

TYPEA

7.5.

This type of CPP shall be connected to the grid as per clause 3.8 to

clause 3.10 of these regulations. The interconnecting breaker on the grid

end shall be kept open, and shall be charged by the Licensee only when

the notification of requirement of Stand-by support is required by the

Captive User.

7.6.

The CPP vide notification shall intimate the Licensee regarding the

portion of stand-by demand, the CPP intends to avail as against the total

stand-by contracted demand, for daily scheduling purposes, to the

Licensee.

7.7.

The total period for the purpose of billing for Stand-by support shall be

from the time the Licensee intimates the Captive User regarding the

availability of Stand-by support, after receipt of request for Stand-by

support from the CPP, up to the time the CPP intimates the Licensee that

Stand-by support is no longer required.

Applicable Charges

7.8.

The maximum demand that can be contracted under Stand-by support

by such Captive Users shall not be more than the total rated capacity of

CPPs classified generating units.

Provided maximum demand contracted under Stand-by support shall be

supplied by the Licensee only when the generation from all units of CPP

seizes.

7.9.

Wherever an agreement for Stand-by support exists between the Captive

User and the Licensee, the Captive User shall be required to pay to the

Licensee a fixed charge of Rs. 70 per k VA per month, applicable on the

capacity contracted under Stand-by support with the Distribution

Licensee.

Provided that the charges referred to above shall apply uniformly every

month, irrespective of whether the Captive User Avails Stand-by support

or not.

7.10. In addition to the charges mentioned in clause 7.9 of these regulations,

the Captive User shall also be required to bear energy and demand

charges for the power consumed during period of Stand-by support as

under:

Jharkhand Gazette (Extraordinary), Thursday, 14^th December, 2023

Particulars

Applicable Charges

Stand-by

supportavailedfor1008hours(42

days) in a financial year

Pro-rated HT Industrial Consumer Contract Demand tariff

at corresponding voltage and demand (or as per the order

of the Commission as specified from time to time)for Stand-

by contracted Demand. The pro-rata shall be done on the

basis of the usage.

1.5 times of the HT Industrial Consumer Energy charges at

corresponding voltage and demand (or as per the order of

the Commission as specified from time to time) for energy

equivalent to Stand-by Demand.

Stand-by support availed for

greater than 1008 hours (42

days) in a financial year

Upto 1008 hours:

Pro-rated HT Industrial Consumer Contract Demand tariff

at corresponding voltage and demand (or as per the order

of the Commission as specified from time to time) for

Stand-by contracted Demand. The pro-rata shall be done

on the basis of the usage.

1.5 times of the HT Industrial Consumer Energy charges at

corresponding voltage and demand (or as per the order of

the Commission as specified from time to time) for energy

equivalent to Stand-by Demand.

Beyond 1008 hours:

Tariff approved by the Commission for temporary HT

consumers at corresponding voltage and demand (or as per

the order of the Commission as specified from time to time)

in the Licensee’s area of supply on power consumed beyond

1008 hours.

7.11. The demand charges shall be applied on the maximum demand at any

15 minutes time block covered under Stand-by period subject to

minimum of 90% of the contract demand. The Stand-by period for this

purpose shall be reckoned maximum up to 1008 hours (42 days) in any

financial year. The energy charges shall be applied on the total energy

consumed across all time-blocks covered under the Stand-by period.

7.12. In case the recorded maximum demand at the CPP premises exceeds the

stand-by contract demand, the excess demand recorded shall be billed at

2 times (twice) the demand charges arrived at from clause 7.11of these

Regulations.

TYPEB

7.13. The CPP shall notify the Licensee of his area of supply about the

requirement of Stand-by support at least two(2)days in advance, except in

case of major breakdown, before the time the Captive User in tends to

avail power from the Licensee.

Jharkhand Gazette (Extraordinary), Thursday, 14^th December, 2023

Provided that incase of force majeure condition, major breakdown of

captive power plant due to technical reasons (i.e. breakdown of Turbine

or Alternator), the requirement of Stand-by support must be notified to

the Licensee immediately.

Provided that incase of force majeure condition, the requirement of

Stand-by support must be notified to the Licensee immediately.

7.14. The CPP shall provide the Licensee the schedule of date and time with

respect to maintenance of Captive Power Plant.

7.15. When the Captive User CPP start refunctioning, the Captive User within

a period of 1 hour, shall notify the Licensee giving the details of the date

and time of the refunctioning of the CPP. The total period of Stand-by

support shall be worked out accordingly.

7.16. The CPP vide notification shall intimate the Licensee regarding the

portion of stand-by demand the CPP intends to avail as against the total

stand-by contracted demand, for daily scheduling purposes, by the

Licensee.

Applicable Charges

7.17. The maximum demand that can be contracted under Stand-by support

by such Captive Users shall not be more than the total rated capacity of

all the generating units of the Captive User’s CPP.

Provided maximum demand contracted under Stand-by support shall be

supplied by the Licensee only when the generation from all units of CPP

is seizes.

7.18. Wherever an agreement for Stand-by support exists between the Captive

User and the Licensee of his area of supply, the Captive User shall be

required to pay to the Licensee a fixed charge of Rs. 70 per k VA per

month, applied on the capacity contracted under Stand-by support with

the Licensee.

Provided that the charges referred to above shall apply uniformly every

month, irrespective of whether the user avails Stand-by support or not.

7.19. In addition to charges mentioned in clause 7.18of these regulations, the

Captive Users shall also be required to bear energy charges and demand

charges for the power consumed during period of Stand-by support

shown as under:

Jharkhand Gazette (Extraordinary), Thursday, 14^th December, 2023

Particulars

Applicable Charges

Stand-by

period

applicable

the

month or part of

month



Normal Demand Charges as approved by the Commission in the

Tariff Order, on Contract Demand, irrespective of actual recorded

demand at premises.



Pro-rated HT Industrial Consumer Contract Demand tariff at

corresponding voltage and demand (or as per the order of the

Commission as specified from time to time) for Stand-by Demand

contracted (applicable only for the time blocks covered under

stand-by period), irrespective of actual Recorded Demand at the

premises.



1.5 times of the HT Industrial Consumer Energy charges at

corresponding voltage and demand (or as per the order of the

Commission as specified from time to time) for energy equivalent

to Stand-by Demand.

7.20. The total duration of all Stand-by periods with respect to any Captive

User during any financial year shall be limited to 1008 hours (42 days) in

any financial year. As long as the Stand-by period is within these limits,

the charges specified in clause 7.19 of these regulations shall apply and

thereafter, if the failure or shutdown of the CPP still continues, any

power consumed by the Captive User shall be charged at tariff approved

by the Commission for temporary HT consumers at corresponding

voltage and demand (or as per the order of the Commission as specified

from time to time) in the Licensee’s area of supply.

Provided that incase of major breakdown of captive power plant due to

technical reasons i.e., breakdown of Turbine or Alternator, upon

notification to the distribution licensee, the requirement of Stand-by

support may be extended beyond 1008 hours (42 days) in the financial

year, and shall be limited to 1440 hours (60 days) in any financial year. If

the failure or shutdown of the CPP still continues, any power consumed

by the Captive User shall be charged at tariff approved by the

Commission for temporary HT consumers at corresponding voltage and

demand (or as per the order of the Commission as specified from time to

time) in the Licensee’s area of supply.

7.21. The demand charges shall be applied on the maximum demand at any

15-minute time block covered under Stand-by period subject to

minimum of 90% of the contract demand. The Stand-by period for this

purpose shall be reckoned maximum up to 1008 hours (42 days). The

energy charges shall be applied on the total energy consumed across all

time-blocks covered under the Stand-by period.

7.22. In case the recorded maximum demand at the CPP premises exceeds the

stand-by contract demand, the excess demand recorded shall be billed at

2 times (twice) the demand charges arrived at from clause 7.21 of these

regulations.

Jharkhand Gazette (Extraordinary), Thursday, 14^th December, 2023

TYPEC

7.23. The facility for Stand-by support shall be available for such Captive

Users as per the JSERC (Balancing & Settlement Mechanism for Open

Access) Regulations, 2010. The Commission shall notify the conditions

and charges for requisitioning stand by support by such Captive Users

along with the balancing and settlement mechanism.

Banking Arrangements

8.1.

The banking of electricity shall be the process under which the CPP shall

supply power to the grid, not with the intention of selling it, but with the

intention of exercising its eligibility to draw back this power from the grid

at a later stage.

8.2.

Banking of energy up to 100% shall be allowed throughout the financial

year on payment of banking charges, subject to technical feasibility of

evacuation.

8.3.

The period of non-banking for up to 2 months in a financial year shall be

mutually agreed upon in the CPP Agreement signed between the CPP and

the Licensee.

8.4.

The maximum MW for injection during banking and Maximum MW for

drawal, both shall be discussed and agreed between the Distribution

Company and Captive Generators based on technical limits and Planned

Power Sources of the Distribution Company.

8.5.

The banking charges shall be 10% of the energy banked for the firm

power and 20%of the energy banked for the infirm power by the CPP with

the Licensee.

8.6.

The withdrawal of banked energy shall be allowed on a slot to slot basis

during the financial year only as per the following system,

Peak hour banking with peak hour withdrawal;

Peak hour banking with Off peak hour withdrawal; and

Off peak hour banking with Off peak hour withdrawal;

Provided that the withdrawal of power in peak hours shall not be allowed

against power banked in Off peak hours.

Provided further that the quantum of withdrawal of banked power shall

not be more than the power banked as per the slot to slot system or as

per mutual consent of the parties.

8.7.

The banked energy shall not be permitted to be carried forward to

subsequent financial year and shall be adjusted during the same

financial year.

Jharkhand Gazette (Extraordinary), Thursday, 14^th December, 2023

8.8.

The unutilized surplus banked energy at the end of the financial year

shall be treated as sold to the Licensee at 65% of the weighted average

power purchase costs of the Licensee (excluding liquid fuel based

generation, generation from renewable sources and power drawn from

Unscheduled Interchange) as determined by the Commission in the

applicable Tariff Order. However, banking charges shall be deducted from

such unutilized banked energy.

Provided that for the rates determined as per clause 4.8 of the

regulations, the rate at which such unutilized banked energy is sold to

the Licensee shall be separately defined for peak and off peak hours of

generation.

8.9.

The energy account of all banking transactions shall be maintained by

SLDC.

Dispute Resolution

9.1.

All disputes and complaints shall be referred to the Commission for

resolution, which shall decide the dispute after giving an opportunity of

hearing to the parties. The decisions of the Commission shall be binding

on all parties.

10. Inherent powers of the Commission

10.1. Nothing in these Regulations shall be deemed to limit or otherwise affect

the power of the Commission to make such orders as may be necessary

to meet the ends of justice.

10.2. 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, on

considering the special circumstances of a matter or a class of matters,

deems it just or expedient for deciding such matter or class of matters.

10.3. Nothing in these Regulations shall, expressly or implied, bar the

Commission from 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 proper.

11. Power to Relax

11.1. The Commission may by general or specific order, for reasons to be

recorded in writing, and after giving an opportunity of hearing to the

parties likely to be affected, may relax any of the provisions of these

Regulations on its own motion or on an application made before it by the

affected party.

Jharkhand Gazette (Extraordinary), Thursday, 14^th December, 2023

12. Power to Remove Difficulties

12.1. If any difficulty arises in giving effect to the provisions of these

Regulations, the Commission may, by general or specific order, give

directions, in accordance with the provisions of the Act, as may appear to

be necessary or expedient for the purpose of removing difficulties, after

giving opportunities of hearing the parties.

13. Power to amend

13.1. The Commission may from time to time add, vary, alter, modify or amend

any provisions of these Regulations after following the necessary

procedures.

14. Interpretation

14.1. The decision of the Commission regarding the interpretation of these

Regulations shall be final and binding.

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Printed & Published by the Superintendent of Jharkhand Government Press, Doranda, Ranchi.

Jharkhand Gazette (Extraordinary) 739 -- 50.

By order of the Commission,

Rajendra Prasad Nayak,

Secretary