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EX
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(NO.PATNA 301) PA
BIHAR ELEC
No. BERC-SMP No
sections 61, 66, 86(1)(e) a
and all other powers enab
the Bihar Electricity Re
regulations for the grid co
1.
Short title, extent
1.1
These regulations
Commission (Roof
and Gross Meterin
1.2
These Regulations e
1.3
These regulations s
in the Official Gaze
2.
Definitions and In
2.1
In these Regulation
a)
"Act" means
amendments
b)
"Agreement
licensee and
c)
"Authority"
section (1) of
d)
"Billing cyc
regular elec
prepared for
REGISTERED
Bihar Gazett
Bihar Gazett
Bihar Gazett
Bihar Gazett
XTRA ORDINARY
SHED BY AUTHORITY
13 CHAITRA 1940(S)
ATNA, TUESDAY, 3RD APRIL 20
CTRICITY REGULATORY COMMISSION
————
NOTIFICATION
The 2nd April 2018
.-36/2017-01–– In exercise of powers conf
and 181 of the Electricity Act, 2003 (Act
bling it in this behalf, and after previous
egulatory Commission hereby makes th
nnected Solar Rooftop Photovoltaic system
t and commencement.—
may be called the Bihar Electricity
ftop Solar Grid Interactive Systems Ba
ng) Regulations, 2018.
extend to the whole of the State of Bihar.
shall come into force from the date of their
tte of Government of Bihar.
nterpretations
ns, unless the context otherwise requires:
the Electricity Act, 2003 (36 of 2003) and
s thereof;
" means an agreement entered into by the D
the eligible consumer;
means Central Electricity Authority referre
f Section 70 of the Act;
cle or billing period" means the period
ctricity bills as specified by the Comm
different categories of consumers by the lic
NO. PT.-40
tetetete
018
ferred under
36 of 2003)
publication,
he following
:
Regulatory
ased on Net
r notification
subsequent
Distribution
ed to in sub-
d for which
mission, are
censee;
2
BIHAR GAZETTE (EXTRA) 3RD APRIL 2018
e)
"Commission" means the Bihar Electricity Regulatory Commission
constituted under the Act;
f)
"Consumer" means any person who is supplied with electricity for
his own use by a licensee or the Government or by any other
person engaged in the business of supplying electricity to the
public under this Act or any other law for the time being in force
and includes any person whose premises are, for the time being,
connected for the purpose of receiving electricity with the works of
a distribution licensee, the Government or such other person, as
the case may be;
g)
"Contracted load" or "Contract demand" means the maximum
demand in kW, kVA or BHP, agreed to be supplied by the licensee
and indicated in the agreement executed between the licensee and
the consumer;
h)
"Distribution licensee" or "Licensee" means a person granted a
license under Section 14 of the Act authorizing it to operate and
maintain a distribution system for supplying electricity to the
consumers in its area of supply;
i)
"Electricity Supply Code" means the Bihar Electricity Supply
Code 2007 specified by the Commission under section 50 of the
Act and subsequent amendments thereof;
j)
"Eligible consumer" means a consumer of electricity in the area
of supply of the distribution licensee, who uses a rooftop solar
system installed in the consumer premises, to offset part or all of
the consumer's own electrical requirements, given that such
systems can be self-owned or third party owned;
k)
"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;
l)
"Gross Meter" means a unidirectional energy meter installed at
the point at which the electricity generated by solar energy system
of the eligible consumer is delivered to the grid of the distribution
licensee;
m)
"Gross metering" means an arrangement for measurement of
energy in a system under which rooftop PV solar system installed
in consumer premises delivers total electricity generated, to the
distribution licensee;
n)
"Government" means the Government of Bihar;
o)
"Inter connection point" means the interface of solar power
generation facility system with the network of distribution
licensee;
p)
"Invoice" means either a Monthly Bill / Supplementary Bill or a
Monthly Invoice/ Supplementary Invoice raised by the distribution
licensee;
q)
"kWp" means kilo Watt peak;
r)
"Net meter" means a bi-directional energy meter capable of
recording both import and export of electricity or a pair of meters
one each for recordings the import and export of electricity as the
case may be; which shall be an integral part of the net metering
system;
3
BIHAR GAZETTE (EXTRA), 3RD APRIL 2018
s)
"Net metering" means an arrangement for measurement of energy
in a system under which rooftop solar system installed in
consumer premises delivers surplus electricity; if any, to the
distribution licensee;
t)
"Obligated entity" means the entity mandated under clause (e) of
subsection (1) of section 86 of the Act to fulfil the renewable
purchase obligation and identified under Bihar Electricity
Regulatory Commission (RPO its Compliance and REC Framework
Implementation) Regulations, 2010 and subsequent amendments
thereof;
u)
"Premises" means rooftops or/and elevated areas on the land,
building or any other structure or part or combination thereof in
respect of which separate meter or metering arrangements have
been made by the licensee for supply of electricity;
v)
"Rooftop PV solar system" means the solar photovoltaic power
system installed on the rooftops or any other structure in
consumer premises that uses sunlight for direct conversion into
electricity through photovoltaic technology;
w)
"Renewable Energy Certificate (REC)" means the certificate
issued in accordance with the procedures approved by the Central
Electricity Regulatory Commission;
x)
"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;
y)
"Solar meter" means a unidirectional energy meter installed as an
integral part of the net or gross metering system, at the point at
which the electricity generated by solar energy system is delivered
to the main panel of the eligible consumer;
(y)
"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.
aa)
"Third party owner" means a developer who is generating solar
energy on a rooftop not owned by him but on a consumer's rooftop
by entering into a lease/ commercial agreement with the rooftop
owner;
2.2
All other words and expressions used in these Regulations although not
specifically defined herein above, but defined in the Act, shall have the
meaning assigned to them in the Act. The 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 applicable to the
electricity industry in the State shall have the meaning assigned to them
in such law.
3.
Scope and Application
3.1
These Regulations shall apply to the distribution licensee and eligible
consumers of electricity of distribution licensee of the State of Bihar.
3.2
The eligible consumer may install the rooftop solar system under net or
gross metering arrangement which,
a)
shall be within the permissible rated capacity as defined under
these Regulations.
b)
shall be located in the consumer premises.
4
BIHAR GAZETTE (EXTRA) 3RD APRIL 2018
c)
shall interconnect and operate safely in parallel with the
distribution licensee network.
3.3
The capacity of the solar energy system to be installed at the premises of
any eligible consumer under these Regulations shall not be less than one
KWp and shall not exceed sanctioned/contracted load of the eligible
consumer.
Provided that these regulations do not preclude the right of State
Government to undertake rooftop solar projects of larger capacity
through alternative mechanisms.
4.
General Principles
4.1
The distribution licensee shall offer the provision of net or gross
metering arrangement to the eligible consumer including third party
owners, who intends to install grid connected rooftop solar system, in its
area of supply on non-discriminatory and first come first serve basis.
Provided that in case of gross metering arrangement owned by
third party, the third party owner shall enter into an agreement with the
distribution licensee.
Provided further that the distribution licensee shall offer the
provision of net of gross metering to the eligible consumer for the target
capacity as specified under these Regulations;
Provided also that the eligible consumer is eligible to install the
grid connected rooftop solar system of the rated 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
The eligible consumers availing net metering facility under these
regulation shall not be allowed to avail gross metering facility.
Provided that the eligible consumers availing either net metering or gross
metering facility under these regulations shall not be allowed to avail
banking facility.
4.3
The distribution licensee, within three months from the appointment
date, shall issue guidelines and procedures on connectivity of net or
gross metering in its licensed area.
5.
Capacity Targets for Distribution Licensee
5.1
The distribution licensee shall provide net or gross metering arrangement
to eligible consumers as long as the total capacity (in MW) does not
exceed the target capacity determined by the Commission;
Provided a maximum cumulative capacity of 100MW shall be allowed to
eligible consumers under net metering, on yearly basis, in the area of
supply of the distribution licensee;
Provided further that the cumulative capacity to be allowed at a
particular distribution transformer shall not exceed 80% of the capacity
of the distribution transformer;
5.2
The distribution licensee shall update distribution transformer level
capacity available for connecting rooftop solar systems under net or
gross metering arrangement on yearly basis and shall provide the
information on its website as well as to the Commission.
6.
Eligible Consumer and Individual Project Capacity
6.1
All eligible consumers of electricity in the area of supply of the
distribution licensee can participate in the solar rooftop net or gross
metering arrangement (reference to sub clause 2.1(j) of these
Regulations).
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BIHAR GAZETTE (EXTRA), 3RD APRIL 2018
6.2
The maximum rooftop solar system capacity to be installed at any eligible
consumer premises shall be governed by the eligibility of interconnection
with the grid for that eligible consumer. The maximum capacity of an
individual rooftop PV system would be equal to the sanctioned load of the
consumer.
6.3
The installation of net or gross metered rooftop solar systems on eligible
consumer premises will utilize the same service line and installation for
injection of excess power into the grid, which is currently being used by
the consumer for drawal of power from the distribution licensee.
Provided that the installation of gross-metered rooftop solar
systems on the eligible consumer premises intending to inject its total
generated power into the grid shall use separate service line. Such
service line up to the nearest service pole/ distribution transformer, as
the case may be, shall be laid by the eligible consumer at its own cost
7.
Interconnection with the Grid
7.1
The interconnection of the rooftop solar system with the network of the
distribution licensee 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.
The distribution Licensee shall also ensure that interconnection of
rooftop solar power 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.
The net or gross meter and solar meter installed should conform
to the standards, specifications and accuracy class as provided in the
Central Electricity Authority (Installation and operation of Meters)
Regulations, 2006, as amended from time to time and are installed in
such a way that they are accessible for reading.
7.2
The Rooftop Solar power producer 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.
7.3
The solar power producer shall be responsible for safe operation,
maintenance and rectification of any defect of the solar Energy system up
to the point of net or gross Meter beyond which the responsibility of safe
operation & maintenance shall rest with the distribution Licensee.
7.4
The distribution licensee shall have the right to disconnect the Solar
Energy System at any time in the event of possible threat/damage to its
distribution system.
8.
Energy Accounting and Settlement
8.1
Net metering arrangement- For each billing period, the licensee shall
show the quantum of injected electricity by eligible consumer in the
billing period, supplied electricity by distribution licensee in the billing
period, net billed electricity for payment by the eligible consumer for that
billing period and net carried over electricity to the next billing period
separately;
6
BIHAR GAZETTE (EXTRA) 3RD APRIL 2018
Provided that in the event the electricity injected exceeds the
electricity supplied 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 consumed in
future billing periods;
Provided further that any excess injected electricity remains
unadjusted at the end of the settlement period, neither payment shall be
made by the distribution licensee nor shall be carried forward to the next
settlement period.
Provided also that in the event the electricity supplied by the
distribution licensee during any billing period exceeds the electricity
generated by the eligible consumer’s rooftop solar system, the
distribution
licensee
shall
raise
invoice
for
the
net
electricity
consumption after taking into account any electricity credit balance
remaining from previous billing periods; The net energy imported has to
be billed by the distribution licensee as per tariff in force applicable to
that category of eligible consumers.
Provided, in case the eligible customer is under the ambit of Time
of Day tariff (TOD), as determined by the Commission from time to time,
the electricity consumption in any time block (e.g., peak hours, off-peak
hours, etc.) shall be first compensated with the electricity generation in
the same time block. Any cumulated excess generation over consumption
in any other time block in a billing cycle shall be accounted as if the
excess generation occurred during the off-peak time block.
Provided also that the excess electricity measured in kilo-watt
hour or kilo-volt-ampere hour, as the case may be, may only be utilized
to offset the consumption measured in kilo-watt hour or kilo-volt-ampere
hour and may not be utilized to compensate any other fee and charges
imposed by the distribution licensee as per the instructions of Bihar
Electricity Regulatory Commission.
Provided also that the distribution licensee in addition to
consumer tariff shall be eligible to raise invoice for any other charges as
allowed by the Bihar Electricity Regulatory Commission.
8.2
Gross-metering arrangement- The distribution licensee shall undertake
meter readings for each billing period. The licensee shall also undertake
energy accounting and settlement with eligible the consumer or the third
party owner.
For each billing period, the licensee shall show the quantum of
injected electricity by eligible consumer in the billing period and shall
make payment to the eligible consumer or the third party, as the case
may be, for the quantum of such injected electricity.
Provided that the quantum of injected electricity to be paid by the
distribution licensee shall be at the Feed-in Tariff approved by the
Commission for the relevant year.
8.3
In case of any dispute in billing, it would be settled by the Consumer
Grievance Redressal Forum and if dispute still remains unresolved, the
same shall be settled by the Bihar Electricity Regulatory Commission
following appropriate procedure.
9.
Solar Renewable Purchase Obligation.—The quantum of electricity
consumed by eligible consumer, who is not defined as obligated entity,
from the rooftop solar system under net-metering arrangement shall
qualify towards compliance of Solar Renewable Purchase Obligation for
the distribution licensee. Similarly, the quantum of electricity from the
7
BIHAR GAZETTE (EXTRA), 3RD APRIL 2018
rooftop solar system under gross-metering arrangement, sold to the third
party (other than the licensee) who is not defined as obligated entity,
shall also qualify towards compliance of Solar Renewable Obligation
(Solar RPO) for the distribution licensee.
10.
The distribution licensee shall allow non-discriminatory open access to
rooftop solar producer under net or gross metering arrangement,
whether self owned or third party owned, in the event of sale of power to
the third party or to a captive generator.
Provided that the rooftop solar produce under net or gross
metering arrangement, whether self owned or third party owned, shall be
exempted from banking and wheeling charges and cross subsidy
charges.
11.
Eligibility to Participate under Renewable Energy Certificate
Mechanism.—The issuance of renewable energy certificate 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;
12.
Metering Arrangement
12.1 The metering system shall be as per the provisions of CEA (Installation &
operation of meters) Regulations, 2006, CEA (Measures relating to Safety
and electricity supply) Regulations, 2010 and CEA (technical standards
for Connectivity of the distributed generation resources), Regulations,
2013 as amended from time to time and in compliance with the norms
fixed by BERC/CERC from time to time.
12.2 The
eligible
consumer
shall
install
Net/Gross
Meter
at
the
interconnection point of the eligible consumer with the network of
distribution licensee. The eligible consumer shall also install solar meter
at the delivery point of the solar energy system to measure the solar
energy generated.
12.3 Check meters shall be mandatory for rooftop solar systems having
capacity more than 20 kW. For installations size of less than and equal
to 20 kW, the solar Check meters would be optional.
12.4 The Meter shall be tested, installed and sealed in accordance with the
provisions of CEA (Installation and operation of Meters) Regulations,
2006 as amended from time to time and provisions under Bihar
Electricity Supply Code, 2007 or any other relevant regulations in force.
It shall be jointly inspected and sealed by the licensee on behalf of both
the parties. It shall be tested by the licensee and installed in presence of
eligible consumer and the licensee with due acknowledgement.
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 and as per the Bihar Electricity
Supply Code, 2007 or any other relevant regulations in force.
Provided further that in case the eligible consumer is under the
ambit of Time of Day tariff, meters compliant of recording time of day
consumption/generation shall be employed.
12.5 The meter reading, both net/gross meter and solar meter 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 consumer as soon as meter reading is taken.
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BIHAR GAZETTE (EXTRA) 3RD APRIL 2018
13.
Penalty or Compensation.—In case of failure of net metering system,
the provisions of compensation shall be as per the provisions of the
standard of performance regulations for distribution licensee.
Notwithstanding above, the Commission may also initiate
proceeding under Section 142 of the Act for imposition of penalty, if it is
satisfied that the distribution licensee has contravened or likely to
contravene any provisions of these Regulation.
14.
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.
15.
Power to Remove difficulties.—If any difficulty arises in giving effect to
the provisions of these Regulations, 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 make such
provisions not inconsistent with the provisions of the Act, which, in the
opinion of the Commission, appear necessary or expedient for removing
such difficulty.
16.
Power to Amend.—The Commission may from time to time add, vary,
alter, suspend, modify, amend or repeal any provisions of these
Regulations.
17.
Repeal and Saving.—Save and otherwise provided in these Regulations,
The BERC (Rooftop Solar Grid Interactive System Based on Net Metering)
Regulations, 2015 are hereby repealed
By the order of the Commission,
PARMANAND SINGH,
Secretary.
————
PUBLISHED AND PRINTED BY THE SUPERINTENDENT,
BIHAR SECRETARIAT PRESS, PATNA.
Bihar Gazette (Extra) 301—571+400—Egazette
Website: http://egazette.bih.nic.in