The B

PUBLI

(NO.PATNA 300) PA

BIHAR ELEC

No. Case No. B

conferred under section

2003 (Act 36 of 2003),

other powers enabling

the Bihar Electricity

regulations for the ban

energy based Captive Ge

Short title, exten

1.1 These regulations

Commission (Ban

energy based Cap

1.2 These Regulations

1.3 These regulations

notification in the

Definitions and

2.1 In these Regulatio

"Act" mean

subsequent

"Agreemen

distribution

REGISTERED

Bihar Gazett

XTRA ORDINARY

SHED BY AUTHORITY

13 CHAITRA 1940(S)

ATNA, TUESDAY, 3RD APRIL 20

CTRICITY REGULATORY COMMISSION

————

NOTIFICATION

The 2^nd April 2018

BERC/SMP-34/2017-04––In exercise

ns 61, 66,86(1)(e) and 181 of the Elec

Rules and Regulations made thereund

it in this behalf, and after previous p

Regulatory Commission makes the

nking of power from fossil fuel and

enerating Plant :

nt and commencement

s may be called the Bihar Electricity R

nking of Power from fossil fuel and

ptive Generating Plant) Regulations,

s extend to the whole of the State of Bih

s shall come into force from the da

e Official Gazette of Government of Biha

Interpretations

ons, unless the context otherwise requir

ns the Electricity Act, 2003 (36 of

t amendments thereof;

nt” means an agreement entered in

n licensee and the captive generator;

NO. PT.-40

tetetete

018

of powers

ctricity Act,

der and all

publication,

e following

renewable

Regulatory

renewable

2018.

har.

ate of their

ar.

res:

2003) and

nto by the

BIHAR GAZETTE (EXTRA) 3RD APRIL 2018

"Authority’’ means Central Electricity Authority referred in

sub-section (1) of Section 70 of the Act;

“Banking of Power’’ is the process under which a captive

fossil fuel or renewable energy based generating plant

(whether it has a separate electric connection or not) supplies

power to the grid not with the intention of selling it to either

a third party or to a licensee, but with the intention of

exercising its eligibility to draw back this power from the grid

in the event of deficit of power, emergency, maintenance or

shutdown of the plant.

"Bi-directional meter" means an appropriate energy meter

capable of recording both import and export of electricity or a

pair of meters one each for recording the import and export

of electricity as the case may be; which shall be an integral

part of the metering system;

"Billing cycle or billing period’’ means the period for

which regular energy bills as specified by the Commission,

are prepared by the licensee;

‘’Captive Generating Plant’’ means a power plant as

defined under clause 3 of The Electricity Rules, 2005 as

amended time to time, Such captive plant may have co-

located or distant located consumption plant

"Commission"

means

Bihar

Electricity

Regulatory

Commission constituted under the Act;

"Distribution licensee" or "Licensee" means a person

granted a license under Section 14 of the Act authorizing

him to operate and maintain a distribution system for

supplying electricity to the consumers in his area of supply;

"Financial year" or "Year" means the period beginning

from first of April in an English calendar year and ending

with the thirty first of the March of the next year;

"Inter connection point" means the interface of captive

power generation facility system with the network of

transmission/ distribution licensee;

"Invoice" means either a monthly bill / supplementary bill or

a monthly invoice/ supplementary Invoice raised by the

distribution licensee;

“MNRE’’ means Ministry of New and Renewable Energy,

Government of India;

"Settlement period" means the period beginning from first

of April in an English calendar year and ending with the

thirty first of the March of the next year;

(o)

"Tariff order" in respect of a licensee means the most recent

order issued by the Commission for that licensee indicating

the rates to be charged by the licensee from various

categories of consumers for supply of electrical energy and

services and its validity has not expired;

BIHAR GAZETTE (EXTRA), 3RD APRIL 2018

‘’Wheeling’’ means the operation whereby the distribution

system or associated facility of a transmission licensee, as

the case may be, are used by another person for the

conveyance of electricity on payment of charges to be

determined under Section 62 of the Act;

2.2 All other words and expressions used in these Regulations and not

specifically defined herein above, but defined in the Act or any law

passed by the Parliament applicable to the electricity industry in

the State shall have the meaning assigned to them in the Act or in

such law.

Scope and Application

3.1 These Regulations shall apply to the distribution licensee and all

captive fossil fuel and renewable energy based generating plant in

the State of Bihar supplying power to the grid not with the

intention of selling it to either a third party or to a licensee, but

with the intention of exercising its eligibility to draw back this

power from the grid in the event of deficit of power, emergency,

maintenance or shutdown of the plant.

3.2 The eligible captive generator may have fossil fuel based or

renewable energy based generating plant.

3.3

The captive generating plant shall interconnect and operate safely

in parallel with the grid.

General Principles

4.1 The distribution licensee shall offer the provision of banking of

power arrangement to the eligible captive generator, who intends to

avail such facility, in its area of supply on non-discriminatory basis

in accordance with the guidelines issued by the Distribution

licensee.

Provided that the distribution licensee shall offer the provision of

banking of power to the eligible captive generator for the target

capacity as specified under these Regulations;

Provided further that the interconnection of such system with the

grid is undertaken as per technical standards specified by the

Central Electricity Authority.

4.2

Banking of power upto 100% of the surplus energy as agreed

between the eligible captive generator and distribution licensee

shall be allowed.

4.3

The injection of power into the grid as well as drawal of power from

the distribution licensee by the captive generator shall be subject

to day ahead scheduling.

Provided that the renewable energy based captive generator

shall for the time being be exempted from day ahead scheduling,

however the renewable energy based captive generator shall abide

by instruction of SLDC.

Provided further that as and when forecasting and

scheduling mechanism is made applicable to Renewable energy

projects, these renewable energy based captive generators shall

abide by such regulations

⁴

BIHAR GAZETTE (EXTRA) 3RD APRIL 2018

4.4

The eligible captive generator shall be permitted to withdraw

banked power during a particular financial year in the same year.

Provided that Drawal of banked power shall not be permitted

during the peak hours.

4.5

The settlement of the banked power shall be made on month to

month basis.

4.6

The banked power remaining unutilized on the expiry of the

financial year shall be treated as sold to the distribution licensee.

4.7

There shall be Banking Charges chargeable @12.5% of the banked

energy.

Provided that in case of renewable energy based generating plants,

the banking charges shall be 2% of the banked energy.

Provided further that no banking charges shall be applicable on

unutilized banked power.

4.8

The distribution licensee, within three months from the date of

gazette notification of these regulations, shall issue guidelines and

procedures on Banking of power in its licensed area.

4.9

The Distribution licensee shall allow non-discriminatory open

access to eligible captive generating plant under banking

arrangement in the event of withdrawal of banked energy at its

distant located consumption units,

Provided that the eligible renewable energy based captive

generating plant shall be exempted from transmission/ wheeling

charges

Capacity Targets

5.1 The capacity of the captive generating plant of any eligible captive

generator under these Regulations shall not be less than one MW

or MWp as the case may be.

5.2

The maximum capacity of any eligible captive generator shall be

governed by clause 3 of The Electricity Rules, 2005 as amended

from time to time.

5.3

The distribution licensee shall provide banking of power facility to

eligible captive generator as long as cumulative capacity reaches

80% of rated capacity of the connected power transformer of the

licensee.

5.4

The eligible captive generator will utilize the same service line and

installation for injection of power into the grid as well as drawal of

power from the distribution licensee.

Interconnection with the Grid

6.1 The interconnection of the captive generating system with the grid

shall conform to the technical specifications, standards and

provisions as provided in the Central Electricity Authority

(technical Standards for connectivity of the Distributed Generation

resources)

Regulations,2013 as amended from time to time.

BIHAR GAZETTE (EXTRA), 3RD APRIL 2018

6.2

The distribution Licensee shall also ensure that interconnection of

the captive generating system with the distribution system of the

Licensee conforms to the relevant provisions of the Central

Electricity Authority(Measures related to Safety and Electric

Supply) Regulations,2010 as amended from time to time.

6.3

The captive generator having Rooftop Solar system may install grid

interactive Solar power system with or without battery backup.

Provided that if the Solar Energy Generator, prefers connectivity

with battery backup (full load backup/partial load backup), in all

such cases the inverter shall have separate backup wiring to

prevent the battery/Solar power to flow into the grid in the absence

of grid supply and manual isolation switch shall also be provided.

6.4

The captive generator shall be responsible for safe operation,

maintenance and rectification of any defect of their generating

system up to the point of meter beyond which the responsibility of

safe operation &maintenance shall rest with the Distribution

Licensee.

6.5

The distribution licensee shall have the right to disconnect the

captive

generator

any

time

the

event

possible

threat/damage to its distribution system,

Metering Arrangement

7.1 The metering system shall be as per the provisions of CEA

(Installation &operation of meters) Regulations, 2006 as amended

from time to time.

7.2

The captive generating plant shall install bi-directional Availability

Based Tariff compliant Special Energy Meters (SEM) and are

installed in such a way that they are conveniently accessible for

reading.

7.3 Check meters shall be mandatory for eligible captive generating

plant.

7.4 The meters shall be tested, installed and sealed in accordance with

the provisions of CEA (Installation and operation of Meters)

Regulations, 2006as amended from time to time. It shall be tested

by the licensee and installed in presence of representative of

captive

generating

plant

and

the

licensee

with

due

acknowledgement. It shall be jointly inspected and sealed by the

licensee on behalf of both the parties.

Provided that the eligible consumer shall follow the metering

specifications, provisions for placement of meter as developed by

the distribution licensee from time to time.

7.5 The meter reading shall be taken by the distribution licensee and

shall form the basis of commercial settlement. The copy of the

meter reading statement shall be handed over to the representative

of the captive generating plant as soon as meter reading is taken.

7.6

The cost towards testing and installation of main & check meter

shall be borne by the eligible captive generating plants.

⁶

BIHAR GAZETTE (EXTRA) 3RD APRIL 2018

Commercial Settlement

8.1

For each billing period, the licensee shall show the quantum of

injected electricity by the eligible captive generator in the billing

period, quantum of withdrawn electricity by the eligible captive

generator in the billing period, net electricity qualifying for

payment by the eligible captive generator for that billing period and

net carried over electricity to the next billing period separately;

8.2

If the electricity injected exceeds the electricity withdrawn during

the billing period, such excess injected electricity shall be carried

forward to next billing period as electricity credit and may be

utilized to net electricity injected or withdrawn in future billing

periods;

8.3

If the electricity withdrawn exceeds the electricity injected by the

eligible captive generator, the distribution licensee shall raise

invoice for the net electricity withdrawn by the captive generating

plant after taking into account banking charges and any electricity

credit balance remaining from previous billing period;

8.4

The net energy withdrawn during the billing period shall be treated

as consumed by the captive generating plant and shall be billed by

the distribution licensee at the average cost of supply as approved

by the Commission in the tariff order for the relevant year.

8.5

The banked power remaining unutilized on the expiry of the

financial year shall be treated as sold to the distribution licensee

and shall be paid to the captive generating plant by the

distribution licensee at the average power purchase cost as

approved by the Commission in the tariff order for the relevant

year.

8.6

In case of any dispute in billing it would be settled through mutual

consent and if the issue still remains unresolved, it shall be settled

the

Bihar

Electricity

Regulatory

Commission

following

appropriate procedure.

Renewable Purchase Obligation.—The quantum of electricity

generated by eligible captive generator based on renewable energy

shall qualify towards compliance of Renewable Purchase Obligation

(RPO) for the distribution licensee.

Provided that non-solar renewable energy based generation

shall qualify towards non-solar RPO and solar renewable energy

based generation shall qualify towards solar RPO.

Provided further that the quantum of electricity generated by

eligible captive generator based on fossil fuel shall not qualify

towards compliance of Renewable Purchase Obligation (RPO) for

the distribution licensee.

BIHAR GAZETTE (EXTRA), 3RD APRIL 2018

10. Eligibility to Participate under Renewable Energy Certificate

Mechanism.—The issuance of renewable energy certificate to

renewable energy based captive generator shall be as per the

eligibility criteria specified under Central Electricity Regulatory

Commission (Terms and Conditions for recognition and issuance of

Renewable Energy Certificate for Renewable Energy Generation)

Regulations, 2010 and subsequent amendments thereof;

11. Penalty or Compensation.—In case of failure of providing non-

discriminatory banking of power facility, the provisions of penalty

shall be as per the provisions of the Act.

12. Power to give Directions.—The Commission may from time to

time issue such directions and orders as considered appropriate

for the implementation of these Regulations

13. Power to Relax.—The Commission may by general or special

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 an interested person

14. Power to Amend.—The Commission may from time to time add,

vary, alter, suspend, modify, amend or repeal any provisions of

these Regulations.

By the order of the Commission,

PARMANAND SINGH,

Secretary.

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PUBLISHED AND PRINTED BY THE SUPERINTENDENT,

BIHAR SECRETARIAT PRESS, PATNA.

Bihar Gazette (Extra) 300—571+400—Egazette

Website: http://egazette.bih.nic.in