THE
JHARKHAND GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
4 AASHWIN 1946 (S)
RANCHI THURSDAY 26th SEPTEMBER, 2024
JHARKHAND STATE ELECTRICITY REGULATORY
COMMISSION
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Notification
23rd September, 2024
Jharkhand State Electricity Regulatory Commission (Prepaid Smart Metering)
Regulations, 2024
Notification No. 104--In exercise of powers conferred under Section 61,86 and
section181 of the Electricity Act, 2003 and all other powers enabling it in that behalf,
the Jharkhand State Electricity Regulatory Commission, hereby makes the following
Regulations.
1. Short Title and Commencement
1.1.
These Regulations may be called the Jharkhand State Electricity Regulatory
Commission (Prepaid Smart Metering) Regulations, 2024.
1.2.
These Regulations shall come into force from the date of their publication in
the Jharkhand State Government Gazette.
No. 616
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2. Scope and Extent of Application
2.1.
These Regulations shall be applicable to all consumers and Distribution
Licensees/Distribution Franchisees engaged in the business of distribution
and supply of electricity in the State.
2.2.
These Regulations shall extend to the State of Jharkhand.
3. Definitions and Interpretation
3.1.
In this Regulation unless the context otherwise requires:
a) ‘Act’ means the Electricity Act, 2003 read in conjunction with its latest
revisions;
b) ‘Consumer Security Deposit’ means deposit prescribed to cover the
estimated power consumption charges for post-paid metering connection as
defined in JSERC (Electricity Supply Code) Regulations,2015 and its
amendments thereof.
c) ‘Advance Metering Infrastructure (AMI)’ means an integrated system of
smart meters, communication networks and data management systems
that enables two-way communication between the utilities and energy
meters, and the functional blocks of Advanced Metering Infrastructure,
typically includes Head end system, Wide area network, Neighbourhood
area network, Data concentrator unit and Home area network.
d) ‘Agreement’means a written agreement with specific terms entered into by
the Distribution licensee and the consumer;
e) ‘Area of supply’ means the area within which a licensee is authorized to
supply electricity and shall include such areas where a franchisee(s) may
be deployed.
f) ‘Commission’
means
the
Jharkhand
State
Electricity
Regulatory
Commission.
g) ‘Contract Demand’means demand in Kilowatt (kW) or Kilo Volt amperes
(kVA) as mutually agreed between the Distribution Licensee and the
consumer and as entered into agreement or agreed through other written
communication.
h) ‘Consumption Charges’means charges payable for the consumption of
electrical energy in kWh/kVAh multiplied by appropriate tariff rates, along
with Demand /Fixed charges, Fuel Surcharge Adjustment (FSA) and
customer and other charges etc, wherever applicable.
i) ‘Disconnection’means the physical separation of user or consumer from
the system.
j) ‘Distribution Licensee’ means a licensee authorized to operate and
maintain a distribution system for supplying electricity to the consumers in
his area of supply and includes his authorized representative.
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k) ‘Maximum demand’means the highest load measured in average kVA or
kW at the point of supply of a consumer during any consecutive period of
30 (thirty) minutes or as specified by the Commission, during the billing
period;
l) ‘Meter’means an equipment used for measuring, indicating and recording
electrical quantities like energy in kWh or kVAh, maximum demand in kW
or kVA, reactive energy in kVAR hours etc. including accessories like
Current
Transformer
(CT),
Voltage
Transformer
(VT)
/
Potential
Transformer (PT) / Capacitor Voltage Transformer (CVT) etc. where used in
conjunction with such meter. It shall also include any seal or sealing
arrangement and other measures provided by the Distribution Licensee for
sealing, reliability and for preventing theft/unauthorised use of electricity;
m) ‘Minimum Charge’means charges as approved by the Commission in the
prevailing tariff order for the Distribution Licensee;
n) ‘Prepaid/Prepayment Meter’ means a smart meter conforming to relevant
IS which facilitates use of electricity only after advance payment.
o) ‘Sanctioned Load’means the load in kW, kVA or BHP, which the
Distribution Licensee has agreed to supply from time to time subject to the
governing terms and conditions in the absence of an Agreement between
the Distribution licensee and the consumer.
p) ‘Smart meter’ means an ac static watt-hour meter with time of use
registers, internal connect and disconnect switches with two-way
communication capability. It is designed to measure the flow of forward
(import) or both forward (import) and reverse (export), store and
communicate the same along with other parameters defined in relevant
standard. It shall be remotely accessed for collecting data/events,
programming for select parameters that is to be provided by the
distribution utility for supplying electricity to a premises.
q) ‘Tariff’ means a schedule of prices or charges including fixed charges and
monthly minimum charges for supply of electrical energy and services as
approved by the Commission, which are applicable to all such services
provided to the consumers by the licensee.
r) ‘User’ means any person having electrical interface with, or using the
distribution system of the Distribution Licensee to whom these Regulations
is applicable.
3.2.
Words and expressions used in these Regulations and not defined herein but
defined in the Act shall have the meanings respectively assigned to them in the
Act.
3.3.
All other words and expressions used herein but not specifically defined in
these Regulations or in the Act but defined under any law passed by the
Parliament/State Legislation applicable to the electricity industry in the State
shall have the meaning assigned to them in such law.
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4. Applicability
4.1.
These Regulations shall be applicable to all categories of consumers (new and
existing consumers).
4.2.
The distribution licensee, upon receiving an application from a consumer
falling under the category mentioned in clause 4.1, is obligated to facilitate
electricity supply through a prepaid smart meter. However, the feasibility of
installing such a meter in the designated area must be assessed. This process
should align with the stipulations outlined in the Jharkhand State Electricity
Regulatory Commission (Electricity Supply Code) Regulations, 2015, and other
relevant regulations as amended from time to time.
4.3.
In case the existing consumer opts for prepaid connection and the meter under
post-paid arrangement is owned by the consumer, the licensee shall replace
the existing meter with a new meter (with prepayment facility) at its own cost &
shall not return the old meter to the consumer and dispose it off in a manner
so as to avoid its misuse. However, for new connection on prepaid mode, the
cost of meter shall be borne by the consumer. (exceptions may be provided as
per National or State level schemes).
4.4.
The provisions of Section 56 of the Act which apply to supply of electricity
through post-payment mechanism shall not be applicable to supply through
prepaid smart meters.
4.5.
For smart meters, the meters shall be read remotely at least once in every
month. The data regarding energy consumption shall be made available to the
consumer, through various online services i.e. website or mobile App or SMS,
etc
5. Migration to Prepaid Smart Meter and New Connection
5.1.
Migration from post-paid to prepaid and new connection on prepaid shall be as
per the Standard Operating Procedure (SOP) decided by the licensee and the
methodology adopted in JSERC (Electricity Supply Code) Regulations,2015 and
its subsequent amendments.
6. Rebate for prepaid smart meter
6.1.
Rebate, if applicable, for consumers utilizing electricity through prepaid smart
meters will be in accordance with the provisions outlined in the latest Tariff
Order approved by the Commission from time to time.
7. Consumer Security Deposit
7.1.
In case of new connection with prepaid smart meter, the distribution licensee
shall not require any security, in pursuance of clause (a) of sub section (1) and
sub section (5) of Section 47 of the Electricity Act, 2003. The consumer shall
not be required to deposit any advance consumption deposit as part of
security.
7.2.
Provided further that for existing consumer (post-paid connection) shifting to
smart prepaid metering arrangement, the advance consumption deposit which
has been deposited with the licensee shall be adjusted against the last bill
including arrears if any and the balance if any payable to/by the consumer
shall be adjusted as per the arrear adjustment methodology already in force.
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7.3.
For example, for consumers porting to prepaid arrangement from post-paid
regime following methodology shall be used:
a) The Security deposit along with the accrued interest till date will be
adjusted against the arrear amount including the latest bill of the
consumer.
b) If the security deposit amount remains after adjusting as per Sl no.(a) the
amount will automatically be considered as starting balance of the
consumer.
c) If the remaining security deposit amount is higher than the minimum
recharge amount of Rs.200 then the consumer shall not have to do any
additional recharge at the time of porting.
d) If the remaining security deposit amount is lower than the minimum
recharge amount of Rs.200 then the consumer shall have to do a
minimum recharge upto the minimum recharge to activate the pre-paid
connection.
8. Metering:
8.1.
The distribution licensee is responsible for ensuring the availability of prepaid
smart meters for new connections and replacing defective meters in areas
where prepaid smart metering is implemented. Additionally, the licensee must
ensure that the prepaid smart meters are tested and certified according to the
relevant Indian Standard, subject to amendments over time.
8.2.
The licensee/consumers are required to install prepaid smart meters that
adhere
to
the
technical
specifications
outlined
in
the
relevant
standards/regulations and guidelines of the Central Electricity Authority
(CEA), subject to amendments. The Commission-determined applicable charges
will be deducted on a daily basis from the consumer's recharge amount. In
instances where smart prepaid meters faces communication issues, the daily
energy charge will be calculated based on the estimated daily consumption
derived from the average of the last seven days' recorded consumption. The
prepaid balance will be promptly updated upon retrieving actual consumption
readings from the prepaid smart meter.
8.3.
The prepaid smart metering system should incorporate features allowing
consumers to recharge their account credits through various online recharge
modes provided by the distribution licensee in real-time. The prepaid smart
metering system shall also send notification/alert to the consumer on
registered mobile phone in case of minimum/low credit (negative balance).
8.4.
The meter shall be communicative and compatible with AMI applications.
Provided further that the meter shall have adequate number of registers and
the facility for Time of Day (TOD) and kVAh based tariff application.
8.5.
Consumers can recharge their prepaid smart meter account as needed, with
the recharge amount available in multiples of Rs. 200/-.The distribution
companies (DISCOMs) will offer various multi-recharge facilities/options to
facilitate this process. Notably, there is no maximum limit imposed on the
recharge amount, allowing consumers to top up their prepaid smart meter
accounts based on their individual requirements.
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8.6.
The Consumer should maintain minimum balance to be decided prudently by
the licensee for different category of consumers on the basis of connected load.
Pre-Paid balance will be updated against daily midnight consumption recorded
on 00:00 hours; as and when the consumer’s account balance goes low, the
recharge/alert notification to the consumers shall be initiated at least at 3
stages of low balance. In case, the consumer fails to recharge his prepaid meter
account and his balance runs out, the meter shall cut off the supply of the
consumer.The stages of low balance to send the notifications shall be in
accordance to the guidelines/SOP decided by the Discom.
8.7.
The AMI application should initiate auto reconnection after successful
recharge of the meter so that the connection is restored immediately (applicable
only during the period of temporary disconnection).
Explanation: The Consumer shall be notified at least at three stages of low
balance in descending intervals of 5% starting from 20% of minimum charges.
8.8.
The prepaid billing system by the licensee shall have the provision for ensuring
recovery
of
monthly
minimum
charges/fixedcharges/
consumption
charges/Fuel power purchase adjustment surcharge or any other charge, if
applicable, as per the applicable tariff schedule and balance shall be updated
on the date of monthly billing (date as decided by the licensee). The software
solution of the licensee shall be capable of implementing the tariff as per tariff
order approved by the Commission from time to time. The Software solution of
the licensee must also have provision to record total duration of supply
including duration of interruption of supply during the day.
8.9.
8.10. Smart meter temporary disconnection process:
a) The energy and fixed charge/monthly minimum charge calculation of
consumers shall take place on a daily basis on the applicable tariff of that
particular consumer.
b) In case, the consumer fails to recharge his/her prepaid meter account and
his balance runs out to zero, the meter shall disconnect the supply of the
consumer.
c) Disconnection process shall be scheduled only between 6 AM to 6 PM of any
particular day. However, disconnection shall not be initiated on Sunday and
Gazetted Holidaysto avoid discomfort to consumer till such time the
reconnection on real time basis is implemented by the licensee.
d) Disconnection on low balance shall be deemed to be temporary
disconnection.
e) Post disconnection, consumers shall be notified through SMS about the
same along with the details of zero/negative balance amount.
f) In case of temporary disconnection, the consumer can recharge the meter
and restore the electricity supply without any additional cost or penalty.
8.11. The Consumers can recharge his/her prepaid meter account online through
mobile application, web application or digital payment systems such as e-
wallet, UPI, web portal etc. facilities to be provided by the licensee. Apart from
this the Licensee should also have provisions for meter recharge at designated
customer billing/helpdesk centres.
8.12. AMI application should initiate auto reconnection after successful recharge of
the meter.
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9. Consumer data protection and Security:
9.1.
Consumer Data Protection as per CEA guidelines, Information Technology Act
2000 or any other GoI guidelines/regulation in force should be incorporated
and ensured from time to time by the licensee.
10. Arrear adjustment methodology
10.1. The arrears, if any, shall be first adjusted against the Consumer Security
Deposit lying with the licensee.
10.2. The consumer can only be allowed to shift to prepaid mode from post-paid
mode if all arrears are paid or adjusted from consumer security deposit. There
should not be any previous arrears before switching to prepaid mode.
10.3. For conversion from post-paid to prepaid connection the discom may analyze
the overall arrears of the consumer and for the consumer with arrears shall be
provided with an instalment facility to repay the amount as follows:
a) The balance arrear amount shall be spread in 5(five) equal monthly
instalments by default.
b) The consumer shall have the option to choose the facility from minimum
1(one) to maximum 5(five) equal monthly instalments
10.4. For prepaid consumer, in case of any revision in consumer account due to any
demand(arrear) /refund discovered at later stage including by Audit or else, the
revised billing account notice is to be sent to consumer on mobile
app/SMS/email etc. in advance at least 15 days prior to its actual
implementation date in prepaid billing system by the licensee. After 15 days of
notice, the amount of arrears or refund (if any) payable by/to consumer shall
be adjusted to pre-paid balance of consumer in following manner:
i.
Complete Refund amount be added in pre-paid balance.
ii.
Arrears should be added in pre-paid balance as per the prevailing
arrear adjustment methodology. Provided that licensee is required to
complete the exercise of audit of relevant consumer’s account within 6
months from the date of consumer switching over from post-paid to
prepaid facility.
11. Physical Disconnection
11.1. In case, the consumer does not recharge his/her account after temporary
disconnection as elaborated in clause 8.8, the account may reach negative
balance on account of applicability of Monthly Minimum Charges or any other
similar charge as decided by the Commission, even if there is no electricity
consumption by the consumer.
11.2. The notification/ alert shall be considered as notice for recharging the account
& licensee may disconnect the supply on failure to recharge the account by
consumer without any further notice.
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11.3. The temporary disconnection can be restored within 6 months only after
recharging with an amount sufficient to recover the monthly minimum
charges/fixed charges or any other charges decided by the Commission even if
there is no consumption by the consumer during temporary disconnection.
11.4. The connection shall be disconnected permanently, and the meter shall be
physically removed from the consumer premises if the consumer fails to
recharge the account within six months of temporary disconnection.
11.5. After permanent disconnection, fresh connection to such consumer shall be as
per the Jharkhand State Electricity Regulatory Commission (Electricity Supply
Code) Regulations, 2015 and amendments thereof.
12. Replacement of meters
12.1. If the prepaid smart meter installed by the licensee is damaged due to
overloading or any other reason attributable to the consumer, then the
consumer is responsible for the replacement costs. In such instances, the
consumer shall bear the financial responsibility for the restoration or
replacement of the meter.
12.2. If damage occurs to the meter for reasons other than those specified in Clause
12.1, the resolution will be in accordance with the relevant provisions outlined
in the Jharkhand State Electricity Regulatory Commission (Electricity Supply
Code) Regulations, 2015, and any subsequent amendments.
13. Other Provisions
13.1. Any matter related to the distribution of electricity involving distribution
licensees and consumers not explicitly addressed in this regulation shall be
handled in accordance with the JSERC (Electricity Supply Code) Regulations,
2015, and any subsequent amendments thereof along with JSERC
(Distribution Licensees Standard of Performance) Regulations,2015 and its
amendments.
14. Testing
14.1. Consumers shall have the option to procure their own meter, meeting approved
specifications, from vendor(s) endorsed by the licensee. Upon purchasing such
meter, the consumer must ensure its testing at meter testing labs approved by
the Commission, following the payment of the necessary fee as per the
prevailing regulations. The licensee shall commit to conduct the meter testing
within seven days and subsequently installing the meter outside the
consumer's premises. This provision offers consumers the flexibility to acquire
and install their meters while adhering to the specified procedures.
14.2. The distribution licensee shall ensure that tested and sealed meters of
approved meter manufacturers are available to consumers for purchase, and
information of the places from where the consumers can purchase them is
made available on its website.
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Jharkhand Gazette (Extraordinary), Thursday, 26th September, 2024
14.3. The licensee must also randomly test sample (minimum 5%) of meters received
from its authorized vendors to ensure they meet required specifications. The
reports must be submitted to the Commission during filing of Tariff Petition.
14.4. In case of complain from consumer, testing of meters shall be done by the
distribution licensee within a period as may be specified by the Commission,
not exceeding thirty days, of receipt of the complaint from the consumer about
their meter readings not being commensurate with his consumption of
electricity, stoppage of meter, damage to the seal, burning or damage of the
meter, etc.
14.5. No test fee shall be charged from the consumer at the time of reporting however
if the meter is found to be defective or burnt due to reasons attributable to the
consumer, the consumer shall bear the cost of new meter and test fee as
approved by the Commission shall be charged from the consumer through
subsequent bills.
14.6. The list of third party agencies approved by the Commission shall be available
in their various offices as well as on the website of the distribution licensee.
14.7. The Licensee is expected to keep sufficient stock of tested meters to ensure
prompt replacement for defective meters, ensuring an immediate response
without causing inconvenience to the consumer. Additionally, the availability of
these spare meters aims to meet the demand for new connections, facilitating a
smooth and efficient process for consumers and the distribution system.
14.8. Non-availability of meter shall not be a reason for delay in restoration of
supply.
15. Training
15.1. The meter vendor or the entity responsible for installing the prepaid smart
meters in the State is obligated to offer sufficient training to the staff of the
licensee. This training is essential to ensure a smooth and proper
implementation of the prepaid metering scheme. Furthermore, it is specified
that the server for the proposed metering system and software should be
maintained and operated either by the licensee or its authorized vendor. This
provision aims to eliminate potential issues at a later stage and guarantees the
seamless functioning of the metering system.
16. Inherent Powers of the Commission
16.1. 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.
16.2. 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, in view of the
special circumstances of a matter or a class of matters, deems it just or
expedient for deciding such matter or class of matters.
16.3. 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
appropriate.
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17. Interpretation
The decision of the Commission regarding the interpretation of these Regulations
shall be final and binding.
18. Power to amend
The Commission may from time to time add, vary, alter, modify or amend any
provisions of these Regulations after following the necessary procedures.
19. Power to remove difficulties
If any difficulty arises in giving effect to any of the provisions of these Regulations,
the Commission may, by a general or special order, not being inconsistent with the
provisions of these Regulations or the Act, do or undertake to do things or direct to
do or undertake such things which appear to be necessary or expedient for the
purpose of removing the difficulties.
20. Power to relax
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.
By order of the Commission,
S/d illegible,
Secretary
Jharkhand State Electricity Regulatory
Commission.
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Printed & Published by the Superintendent of Jharkhand Government Press, Doranda, Ranchi.
Jharkhand Gazette (Extraordinary) 616 -- 50.