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REGISTE
EXTRA ORDINARY
LISHED BY AUTHORIT
5 MAGH 1943(S)
PATNA, TUESDAY, 25TH JANU
har Electricity Regulatory Commission
———
NOTIFICATION
The 17th November 2021
No.-SMP-08/2021-04—In exercise of power
and clauses (zd), (ze) and (zf) of sub section
and 86, of the Electricity Act, 2003 (36 of 2
at behalf, the Bihar Electricity Regulatory C
ulations.
PART-I
PRELIMINARY
ommencement and Extent.—
regulations shall be called the Bihar Elect
ission (Multi Year Distribution Tariff) Reg
Regulations shall come into force from
ation in the Official Gazette.
Regulations shall extend to the whole of the S
ication.—
Regulations shall apply to all the Distributio
f Bihar.
Regulations shall be applicable for determina
covered under these Regulations from 1s
ds up to FY 2024-25 or till these Regulations a
Regulations shall be applicable where
gate Revenue Requirement (ARR) based tarif
mmission.
ERED NO. PT.-40
TY
UARY 2022
rs conferred by sub
n (2) of section 181,
2003) and all other
Commission hereby
tricity Regulatory
gulations, 2021.
the date of their
State of Bihar.
on Licensees in the
ation of tariff in all
st April 2022 and
are amended.
the cost based /
ff is determined by
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BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
3. Definitions.—
3.1
In these regulations, unless the context otherwise requires, -
(1) “Act” means the Electricity Act, 2003 (36 of 2003);
(2)
“Aggregate Revenue Requirement” or “ARR” means the costs
pertaining to the licensed business which are permitted, in
accordance with these Regulations, to be recovered from the
tariffs and charges determined by the Commission;
(3)
“Aggregate Technical and Commercial Losses” or “AT&C” is
the difference between energy input units into the system and the
units for which payment is collected;
(4) "Audited Accounts" for the purpose of these regulations means
(Audited) Regulatory Accounts prepared in accordance with
BERC (Power Regulatory Accounting) Regulations, 2018.
(5)
“Base Year” means the financial year immediately preceding
first year of the control period and used for the purposes of these
Regulations;
(6) "Books of Accounts" means Regulatory Books of Accounts
drawn up in accordance with BERC (Power Regulatory
Accounting) Regulations, 2018.
(7) “Commission”
means
the
Bihar
Electricity
Regulatory
Commission;
(8) “Conduct of Business Regulations” means the Bihar Electricity
Regulatory Commission (Conduct of Business) Regulations,
2005, and its amendments from time to time.
(9) “Control Period” means a multi-year period normally
comprising of five financial years or as may be determined by the
Commission, for submission of forecast in accordance with these
Regulations;
(10) "Expenditure” means reasonable and prudently required
expenditure incurred on the following:
(a) purchase of energy less rebate availed / to be availed and
excluding late payment surcharge;
(b) salaries and wages of staff, welfare expenses excluding
management remuneration covered below;
(c) Directors remuneration, fees, expenses including facilities;
(d) salaries and wages of corporate office / registered office;
(e) financing cost excluding penal interest / charges;
(f) interest charges on loan(s) borrowed for capitalized assets;
(g) interest on temporary accommodation to the extent of
approved unrealized arrears from the consumers
(h) interest on working capital
(i) Return on equity;
(j) financing charges applicable to operational account;
(k) interest on security deposits (in cash) from consumers;
(l) interest on advance received from consumers, if any
against sales;
(m) Impact of variation in foreign exchange rate in case of
foreign currency loan taken with due approval and is not
capitalised;
(n) Depreciation
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BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
(o) Rents, rates and taxes, other than all taxes relating to
income / profits;
(p) Legal charges;
(q) Auditor’s expenses, Auditor’s fees; auditor’s expenses;
Payment to Auditors in any other capacity or for any work
which is necessary to be got done from them in connection
with audit;
(r) Consultancy charges for work which cannot be done in
house or is uneconomical in doing in-house or is essential
to be done from outside sources;
(s) Bad debts actually written off subject to Commission’s
clearance;
(t) Other expenses necessary which are ancillary or incidental
to the business of electricity except penalty etc levied
under the Act or any other law in force;
(11) “Financial Year” means a period commencing on 1st April of a
calendar year and ending on 31st March of the subsequent
calendar year;
(12) “Income” shall include all income from any sources but shall not
be limited to the following:
(a)
sale of energy or gross receipts from sale of energy less
discounts / rebates given based on the orders of the
Commission;
(b)
Rental of meters, plant, equipment and other apparatus
hired to the consumers;
(c)
Income from services to consumers by way of repair or
any sale or other service other than capital receipts;
(d)
Interest on investments, bank balances including fixed and
call deposits and any other income in the form of interest;
(e)
Profit on sale of assets;
(f)
Wheeling of energy;
(g)
Non tariff income;
(h)
Income from other business;
(i)
Cross subsidy surcharge u/s 42(2) of the Act;
(j)
Additional surcharge u/s 42(4) of the Act;
(k)
Any receipt or refund from other sources against any
expense or likely expense which has been earlier allowed
as expense in the tariff;
(l)
All other general receipts arising from and ancillary or
incidental to the business of electricity supply;
(m) Other general receipts in terms of Act / Regulations
including use of assets for other business whether actually
recovered or not;
(13) “Licence” means a licence granted under clause (b) of section 14
of the Act;
(14) “Licensed Business” means the functions and activities, which
the licensee is required to undertake in terms of the licence
granted by the Commission or being a deemed licensee as
referred under sections 14 and 172 of the Act;
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BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
(15) “Licensee” means a person who has been granted a licence and
shall include a deemed licensee;
(16) “Non-Tariff Income” means income relating to the licensed
business other than from retail tariff;
(17) “Other Business” means any other business of the distribution
licensee for optimum utilisation of its assets within the meaning
of Section 51 of the Act;
(18) “Retail Supply Business” means the business of sale of
electricity by a distribution licensee to the consumers within the
area of supply in accordance with the terms of the licence for
distribution and retail supply of electricity;
(19) “Wheeling” means the operation whereby the distribution system
and associated facilities of a distribution licensee are used by
another person for the conveyance of electricity on payment of
charges to be determined under section 62 of the Act;
(20) “Wheeling Business” means the business of operating and
maintaining a distribution system for conveyance of electricity in
the area of supply of the distribution licensee.
3.2
The words and expressions used and not defined in these Regulations,
but defined in other Regulations or the Act, shall have the meanings
assigned to them in the other Regulations or the Act respectively.
3.3
The words “Application” or “Petition” shall be interpreted
synonymously.
PART-II
GENERAL PRINCIPLES
4. Multi Year Tariff Framework.—
4.1
The Commission shall determine the tariff for distribution business
under a Multi-Year Tariff framework with effect from April 1st of
each financial year subject to provisions under regulations 8,12,13 and
14 of these Regulations.
4.2
The Multi-Year Tariff framework shall be based on the following
elements, for calculation of Aggregate Revenue Requirement and
expected revenue from tariff and charges for Distribution Business:
(i)
Control Period, before commencement of which a forecast of
the Aggregate Revenue Requirement and expected revenue
from existing tariff and charges shall be submitted by the
applicant and approved by the Commission;
(ii)
A detailed Business Plan based on the Operational Norms
specified in these regulations and trajectories of performance
parameters, for each year of the Control Period, shall be
submitted by the applicant for the Commission's approval,
subject to provisions under regulations 8,12,13,and 14 of these
Regulations;
(iii)
Based on the Business Plan, the applicant shall submit a
petition with the forecast of Aggregate Revenue Requirement
and expected revenue from existing tariff for each year of the
Control Period, and the Commission shall approve the tariff for
each year of the Control Period;
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BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
(iv)
The mechanism for pass-through of approved gains or losses on
account of uncontrollable factors as specified by the
Commission in these Regulations;
(v)
The mechanism for sharing of approved gains or losses arising
out of controllable factors as specified by the Commission
in these Regulations;
5. Business Plan.—
5.1
The Distribution Licensee shall file a Business Plan, for the Control
Period by a Petition in accordance with BERC (Conduct of Business)
Regulations, 2005 and its amendments from time to time, by 15th
September of the year prior to the commencement of the Control
Period and accompanied by such fee payable, as specified in the BERC
(Fees, Fines and Charges) Regulations, 2019 as amended from time to
time.
Provided that, application for approval of the Business Plan
shall not be required to be filled for the Control Period 2022-23 to
2024-25 and all requirement of business plan shall be incorporated in
the MYT petition of this control period.
5.2
Such Business Plan shall comprise but not limited to detailed
category/sub-category-wise sales and demand projections, power
procurement plan, capital investment plan, financing plan and physical
targets.
Provided that in case the Commission issues guidelines and formats,
from time to time, the same shall be adhered to by the Distribution
Licensee.
5.3
The Distribution Licensee shall make assessment of infrastructure
requirement and prepare capital investment plan in accordance with
BERC (Procedure for Filing Capital Investment and Capitalization
Plan) Regulations, 2018 that will spill into the year(s) under review
and new projects that will commence and may be completed within or
beyond the tariff period. It is the duty of the Distribution Licensee to
ensure optimization of investments to enhance efficiency, productivity
and meet performance standards prescribed by the Commission.
5.4 The Commission shall approve the capital investment plan in
accordance with BERC (Procedure for Filing Capital Investment and
Capitalization Plan) Regulations, 2018
5.5
The Commission may also undertake a detailed review of the actual
works compared with the works approved in the previous Tariff Order
while approving the capital expenditure for the ensuing year.
5.6
The Distribution Licensee shall normally get prior approval of every
capital investment, in case the capital expenditure is required for
emergency work arisen due to unforeseen circumstances, the Licensee
may take up the work upto Rs.5 Crore prior to receiving the approval
from the Commission provided the emergent nature of the scheme has
been certified by its Board of Directors or by the Authority delegated
by the Board of Directors.
5.7
The Licensee shall submit an application showing detailed justification
along with supporting documents for emergent nature of expenses
within 15 days of occurrence of cause for such investment, seeking
post facto approval by the Commission.
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BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
5.8
The Distribution Licensees shall access and project the power purchase
requirement in accordance with Bihar Electricity Regulatory
Commission (Power Purchase and Procurement Process of Licensee)
Regulations, 2018.
6.
Forecast.—
6.1
The applicant, based on the Business Plan, shall submit the forecast of
Aggregate Revenue Requirement and expected revenue from tariff, for
the Control Period by a Petition in accordance with BERC (Conduct of
Business) Regulations, 2005 and its amendments from time to time, by
15th November of the year prior to the commencement of the Control
Period and accompanied by such fee payable, as specified in the BERC
(Fees, Fines and Charges) Regulations, 2019 as amended from time to
time.
6.2
The forecast of Aggregate Revenue Requirement shall be developed
using the assumptions relating to the behaviour of individual variables
that comprise the Aggregate Revenue Requirement during the Control
Period.
6.3
The forecast of expected revenue from tariff and charges shall be
developed based on the following:
(a) Estimates of category/sub-category wise quantum of electricity to
be supplied to consumers and wheeled on behalf of Distribution
System Users for each financial year within the Control Period;
and
(b) Prevailing tariff as on the date of making the application.
7. Specific trajectory for certain variables.—
7.1
The Commission shall stipulate a trajectory while approving the
Business Plan, for certain variables having regard to the
reorganization, restructuring and development of the electricity
industry in the State:
Provided that the variables for which a trajectory may be stipulated
shall include, but are not limited to, Operation & Maintenance expense
norms, supply availability, wires availability, distribution losses,
collection efficiency and AT&C Losses.
7.2
In case the Commission has approved the business plan by 31st
October of current year, the trajectory stipulated by the Commission in
the order approving the Business Plan submitted by the applicant, shall
be incorporated by the applicant, in its forecast of Aggregate Revenue
Requirement and/or expected revenue from tariff and charges under
regulation 6.3 of these Regulations.
8. Annual Review of Performance and True-up.—
8.1
Where the Aggregate Revenue Requirement and expected revenue
from tariff and charges of a Distribution Licensee are covered under a
Multi-Year Tariff framework, such Distribution Licensee shall be
subject to an annual review of performance and True-up during the
Control Period in accordance with these Regulations.
9. Controllable and uncontrollable factors.—
9.1
The “uncontrollable factors” shall comprise but not limited to the
following factors which are beyond the control of, and could not be
mitigated by the applicant:
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BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
(a)
Force Majeure events, such as acts of war, fire and natural
calamities;
(b)
Change in law;
(c)
Taxes and Duties;
(d)
Variation in metered sales; if the Distribution Licensee has
adequate power availability;
(e)
Variation in the cost of power generation and/or power purchase
due to the circumstances specified in regulations 20 of these
Regulations;
(f)
Variation in the cost of power purchase due to the circumstances
specified in regulation 10.1.4 of Bihar Electricity Regulatory
Commission (Power Purchase & Procurement Process of
Licensee)
Regulations,
2018,
provided
procedure
for
procurement of power in such circumstances have been
complied.
9.2
The “controllable factors” shall comprise but not limited to the
following factors which are within the control of, and are attributable
to the applicant:
(a)
Variations in capital expenditure on account of time and/or cost
overruns/ efficiencies in the implementation of a capital project
not attributable to an approved change in scope of such project,
change in statutory levies or force majeure events;
(b)
Variations in distribution losses which shall be measured as the
difference between the units input into the distribution system
and the units billed for the same year;
(c)
Variations in Return on Equity (RoE), depreciation and working
capital requirements. However, if the Commission is satisfied
that the variation in the working capital requirement is
attributable to any uncontrollable factors, the same may be
considered as uncontrollable factor;
(d)
Failure to meet the standards specified in the Standards of
Performance Regulations, except where exempted;
(e)
Variations in operation & maintenance expenses, except those
attributable to directions of the Commission or to change in
Government policy/law;
(f)
Variation in Wires Availability and Supply Availability, within
the control of Distribution Licensee.
10. Mechanism for pass-through of gains or losses on account of
uncontrollable factors.—
10.1 The approved aggregate gain or loss to the Distribution Licensee on
account of uncontrollable factors shall be a pass through, as an
adjustment in the tariff of the Distribution Licensee, as specified in
these Regulations and as may be determined in the Order of the
Commission passed under these Regulations.
10.2 The Distribution Licensee shall submit such details of the variations
between actual and the figures approved by the Commission along
with the detailed computations and supporting documents as may be
required by the Commission.
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BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
11. Mechanism for sharing of gains or losses on account of controllable
factors.—
11.1 The approved aggregate gain or loss to the Distribution Licensee on
account of controllable factors shall be dealt with separately for
aggregate gain and aggregate loss in the following manner:
(a) Aggregate gain:
(i)
Two-third of the amount of such gain shall be a pass
through as an adjustment in the tariff of the Distribution
Licensee, as specified in these Regulations and as may be
determined in the Order of the Commission passed under
these Regulations;
(ii) The balance one-third of the amount of such gain shall be
on account of Distribution Licensee and such amount shall
be utilized at the discretion of Distribution Licensee.
(b) Aggregate Loss:
(i)
One-third of the amount of such loss shall normally be a
pass through as an adjustment in the tariff of the
Distribution Licensee as specified in these Regulations and
as may be determined in the Order of the Commission
passed under these Regulations, provided the Commission
is satisfied that such loss is not on account of deliberate
action of the Distribution Licensee;
(ii) The balance two-third of the amount of such loss shall be
on account of Distribution Licensee.
Explanation:1- If the State Government is providing resource gap
grant, Aggregate Loss shall be reduced by that amount for the purpose of
computation of Aggregate Loss to be qualified for a pass through.
11.2 The Distribution Licensee shall submit such details of variation for
sharing of approved aggregate gain or loss on account of controllable
factors along with the detailed computations and supporting documents
as may be required for verification by the Commission.
Explanation: For the purpose of variation for sharing of approved
aggregate gain or loss on account of norms based expenditure. Variation
will be calculated as a difference between normative expenditure as re-
calculated in truing up and actual expenses booked in the audited books
of accounts.
11.3 In
case,
there
are
other
regulations
which
specifies
for
incentive/disincentive, gains/losses will not be shared under this
regulation.
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PART-III
PROCEDURE
12. Procedures relating to making of an application for determination of
Tariff.—
12.1 An application (alongwith soft copy) for approval of the Business Plan
shall be made by 15th September of the year prior to the
commencement of the Control Period, in accordance with the BERC
(Conduct of Business) Regulations, 2005 and its amendments from
time to time, and accompanied by such fee payable, as specified in the
BERC (Fees, Fines and Charges) Regulations, 2019” as amended from
time to time.
Provided that, application for approval of the Business Plan
shall not be required to be filled for the Control Period 2022-23 to
2024-25 and all requirement of business plan shall be incorporated in
the MYT petition of this control period.
12.2 An application (alongwith soft copy) for determination of tariff shall
be made by 15th November every year, for Truing up of expenses of
previous years, for Annual Performance Review (APR) of the
Aggregate Revenue Requirement(ARR) for the current year and
determination of ARR and tariff for retail sale of electricity for the
ensuing years of the control period. The application should contain the
data relating to each item of the ARR supported with the
information/data in the formats 1 to 41 appended to these Regulations,
revenue income on existing tariff, revenue income on proposed tariff,
tariff design, structure and rates for retail sale of electricity, etc with
explanatory notes and accompanied by such fees as may be specified
under the BERC (Fees, Fines and Charges) Regulations, 2019 as
amended from time to time. All the information as required in the
formats appended to these Regulations along with justification shall be
provided in the main petition.
12.3 The petition for determination of tariff shall be accompanied by
information for the previous year, current year revised estimate and the
ensuing years of the entire control period capturing the expected
revenues from the tariff and charges including miscellaneous charges
at existing rates along with detailed assumptions, parameters required
in annual true-up, Annual Performance Review exercise, Annual
Revenue Requirement etc.
Provided that the application shall be accompanied where
relevant, by a detailed tariff revision proposal showing sub-category-
wise tariff and how such revision would meet the gap, if any, in
Aggregate Revenue Requirement for each year of the Control Period.
Provided further that the information for the previous year
shall be based on audited accounts and in case audited accounts for the
previous year are not available, audited accounts for the immediately
preceding year should be filed along with provisional books of annual
(regulatory) accounts for the previous year duly approved by the Board
of Directors of the licensee company.
12.4 The Distribution Licensee shall along with the aforesaid petition
submit a statement on the status of compliance of directives, if any,
issued by the Commission in its last tariff order.
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BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
12.5 The petition for determination of tariff shall include the details of
actual subsidy received from the State Government vis-à-vis claimed
by the Distribution Licensee in the True-up petition for the previous
year.
12.6 The Commission may seek clarification and additional information on
inadequacies if any, in the application within fourteen (14) days or as
may be practicable, of filing of the application for approval of the
Business Plan and application for determination of tariff, as the case
may be.
12.7 The Distribution Licensee shall respond to the Commission within the
next ten (10) days with all clarifications and information as required.
12.8 The Commission shall admit the application for approval of the
Business Plan and application for determination of tariff, as the case
may be within seven (7) days or as may be required, of submission of
response to the clarifications, if any, by the Distribution Licensee.
12.9 Upon receipt of a complete application accompanied by all requisite
information, particulars and documents in compliance with all the
requirements specified in these Regulations, the application for
approval of the Business Plan and application for determination of
tariff, as the case may be, shall be deemed to be received and the
Commission or the Secretary or the designated Officer shall intimate to
the applicant with the abridged form of application for publication of
public notice in the daily newspapers. In case of non-submission or
delay in submission of additional information, the Commission may
take suo-motu decision to formulate this abridged form of application
as it deem appropriate.
Provided that the applicant shall make available a hard copy
of the complete application, to any interested party, at such locations
and at such rates as may be stipulated by the Commission.
Provided further that the applicant shall also put up on its internet
website, in downloadable spreadsheet format showing detailed
computations, the application made to the Commission along with all
regulatory filings, information, particulars and documents in the
manner so stipulated by the Commission.
Provided further that the web-link to the information
mentioned in the second proviso above shall be easily accessible,
archived for downloading and shall be prominently displayed on the
applicant's internet website.
Provided also that, the applicant may not provide or put up
any such information, particulars or documents, which are confidential
in nature, with the prior approval of the Commission.
Explanation – for the purpose of this Regulation, the term
“downloadable spreadsheet format” shall mean one (or multiple,
linked) spreadsheet software files containing all assumptions,
formulae, calculations, software macros and outputs forming the basis
of the application.
12.10 Notwithstanding anything contained in these Regulations, in case of
delay/ non-submission of the application for approval of the Business
Plan and application for determination of tariff, as the case may be, the
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BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
Commission may initiate suo-motu proceedings mandating the filing
of the said applications.
Provided that in the event of the licensee not filing the
application despite the aforesaid proceeding, the Commission may on
its own, decide the tariff based on previous year’s tariff details and
after incorporating suitable adjustments. However before issuing tariff
order under such circumstances, comments/ suggestions/ objections
from the public and stake holders including the licensee will be invited
and same will be considered for the tariff order.
Provided further that, the Commission may also pass
directions under Section 129 and/or Section 142 of the Act, if required.
13. Order approving the Business Plan and Tariff Order.—
13.1 An Order approving with such modifications or such conditions as
may be specified in that order or rejecting the Business Plan shall, as
far as practicable, be issued before filing of tariff petition separately or
with the tariff order as the Commission may deem fit and practicable.
13.2 The Commission shall, within one hundred and twenty (120) days
from receipt of a complete application for determination of ARR and
tariff and after considering all suggestions and objections received
from the public and after hearing all stakeholders and general public:-
(a) issue a Tariff Order accepting the application with such
modifications or such conditions as may be specified in that
Order;
(b) reject the application for reasons to be recorded in writing, if
such application is not in accordance with the provisions of the
Act and the Rules and Regulations made thereunder or the
provisions of any other law for the time being in force:
Provided that, an applicant shall be given a reasonable
opportunity of being heard before rejecting its application.
13.3 The applicant shall publish the tariff approved by the Commission
within seven (7) days of issue of tariff order in at least two (2) English
and two (2) Hindi daily newspapers having wide circulation in the area
of supply of the applicant and shall put up the approved tariff / tariff
schedule on its internet website and make available for sale, a booklet
containing such tariff schedule to any person upon payment of
reasonable reproduction charges.
13.4 The tariff so published shall be in force from the date specified in the
said Order and shall, unless amended or revised, continue to be in
force for such period as may be stipulated therein.
14. True-up and Annual Performance Review.—
14.1 The Commission shall True-Up expenses of the previous year either as
part of the Tariff order or issue Order/s for True-Up of expenses
preceding the Tariff order of ensuing year:
(a) An order for True-Up of expenses shall be issued on annual
basis.
(b) An order for True-Up of expenses shall be on the basis of
expense estimates made in the beginning of the year under
consideration, actual expenses booked in the audited books of
accounts of the Distribution Licensee for the year, and after
prudence check of data by the Commission.
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BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
(c) Where audited books of account are not available at the time of
true-up, provisional books of annual (regulatory) accounts duly
approved by the Board of Directors of the applicant company
shall be used for the provisional True-up process.
(d) The Commission shall undertake review of estimates of expenses
for the current year as a part of the tariff order on the basis of the
actual expenses incurred during the period April – September of
the current year and corresponding figures in the order for
Annual Revenue Requirement (ARR) of the current year
approved by the Commission.
(e) Estimates of expenses for the ensuing year shall be on the basis
of corresponding figures in the order for True-up of expenses of
the previous year and Annual Performance Review or Tariff
Order of the current year, as the Commission may consider
reasonable and deem fit.
(f)
Notwithstanding anything contained in regulation 4 of these
Regulations, the Revenue gap/surplus arising out of Truing up
shall be considered by the Commission while determining the
ARR of ensuing year(s).While approving adjustments towards
revenue/expenses in future years, arising out of Truing up
exercises, the Commission may allow the carrying costs as
determined by the Commission of such expenses/revenues.
However the revised estimated gap/surplus as a result of APR
shall not be passed in the ARR of ensuing year.
15. Adherence to Tariff Order.—
15.1 If a Distribution Licensee recovers a price or charge exceeding the tariff
determined under Section 62 of the Act and in accordance with these
Regulations, the excess amount shall be payable to the person who has
paid such price or charge, along with interest equivalent to the Bank
Rate of the Reserve Bank of India without prejudice to any other
liability that may be incurred by such Distribution Licensee.
15.2 The Distribution Licensee shall submit periodic returns as may be
required by the Commission, containing operational and cost data to
enable the Commission to monitor the implementation of its Order.
PART-IV
SALES, POWER PURCHASE QUANTUM AND COST
16. Sales forecast.—
16.1 Forecasting Methodology.—Metered sales shall be treated as an
uncontrollable parameter; and un-metered sales shall be treated as a
controllable parameter.
Provided that, open access transactions shall not form part of the sales.
Provided further that absolute sales forecast of metered category shall
be based on past trends in each of the slabs of consumer categories
Provided further that, in case of un-metered category, sales forecast
shall be based on the norms developed as per Regulation 16.2 of these regulations.
Provided further that in cases where slab-wise sales to each metered
consumer category are not available in audited books of accounts and only
consolidated sales are available, the Distribution Licensee shall include the slab-
wise sales along with the Business Plan and Tariff petition.
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BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
Provided also that in case of occurrence of materially significant findings during
audit check as per Regulation 16.3 of these regulations, prudent adjustment in
forecasted sales shall be carried out.
16.2 Methodology for determination of norms of unmetered sales.—
(a) Till the time 100% metering of electricity consumers is achieved
in the area of operation of Distribution Licensee, an independent
study shall be conducted on yearly basis by the Distribution
Licensee as per Regulation 17 of these regulations to assess
actual consumption of power by unmetered consumer segment;
(b) The study referred to in clause (a) of this Regulation shall cover
actual consumption in the block (hours of usage, specifications of
motor power etc.) demonstrating seasonal impact, economic
development, demographics, consumption pattern, etc. This
would aid to develop norms pertaining to electricity consumption
in un-metered consumer segments.
(c) Stratified random sampling shall be used to identify consumers in
block/district for study which would be, well distributed
representation of the block under purview such that sampled
consumers shall exhibit same demographic profile, energy
consumption pattern, water level etc. of the block.
Provided that the sample selected shall be from all the subdivisions in the state.
16.3 Overhaul Exercise.—
(a) A team shall be formed by Distribution Licensee to validate the
status of meters, load of metered and un-metered consumers and
category classification of consumers in the area of operations of
Distribution Licensee.
(b) The overhaul exercise shall be a year-long assessment study
conducted on monthly basis.
(c) For the overhaul exercise, consumers shall be sampled for a
monthly overhaul from the circles served by the Distribution
Licensee.
Provided that the sample so chosen shall be close
representation of geographic, demographic, industrial/ commercial/
residential/ agricultural spread served by the Distribution Licensee
(d) In the event, inconsistencies are found in the number of metered
consumers, status of the meters, load at consumer premises or
category classification of the consumers, the forecast arrived at in
Regulation 16.1 on the basis of historical audited sales shall be
adjusted accordingly as specified in Regulation 16.1.
17. Study of un-metered sales.—
17.1 Study of Agricultural feeders not segregated in significant
numbers.—
(a) The sample of consumers selected shall be monitored and the
readings of consumption can be taken from the meters installed
at each DT in the sample area.
(b) The load of all the consumers connected on the DT in each of
the sample area shall be validated each month to account for
any additional load or replacement of old motor with new
motor by the consumers.
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BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
(c) Based on the result of year long month-wise study, the
consumption pattern for selected subdivisions shall be
established.
(d) The results of the study shall be extrapolated to adjoining areas
with similar water level and the same cropping patterns.
(e) The month-wise analysis of the sample selected for the
establishment of norms shall be submitted to the Commission
at regular intervals so that the directions of the Commission are
incorporated before the completion of study.
17.2 Study of Agricultural feeders segregated in significant numbers.—
(a) Meters shall be installed at input points of the feeder at the sub-
station and based on the load flow study the technical loss of the
feeder will be evaluated.
(b) The difference of the feeder meter consumption and technical losses
will be agricultural consumption.
Provided that such computation of agricultural consumption may
include commercial losses the percentage of which shall be worked
out by the Distribution Licensee during the annual study.
(c) The study report shall be submitted to the Commission by 31st
October so that the Commission have enough time to conduct
validation check and analysis in collaboration with an independent
agency and with due assistance of team designated by the
Distribution Licensee.
(d) The Distribution Licensee shall be informed as late as morning of
the day scheduled for inspection by the Commission to have reality
check and to ensure that power supply and the Distribution
Licensee’s personnel are available.
(e) Any significant deviation in the parameters reported in annual study
from the baseline study may necessitate revision of norms by the
Commission.
18. Treatment of Aggregate Technical and Commercial Loss.—
18.1 Aggregate Technical and Commercial Loss shall be considered as a
controllable parameter. The Commission shall approve AT&C Loss
targets on the basis of approved distribution loss and collection
efficiency targets.
18.2 Distribution Loss.—Based on the assessment of metered and un-
metered sales as per Regulations 16 and 17 of these regulations, the
Commission shall update existing baseline of distribution losses.
Provided that circle-wise distribution loss reduction targets shall be
approved by the Commission on the basis of circle-wise distribution
loss, circle-wise differential tariff by way of separate and distinct
distribution loss surcharge may also be considered by the Commission,
if the Commission considers it appropriate and practicable.
18.3 Collection Efficiency.—The Commission shall approve collection
efficiency targets. To reflect true position of Collection Efficiency,
Revenue/Tariff subsidy actually received (not subsidy booked) shall be
considered.
18.4 The AT&C Loss shall be computed in accordance with the formula
and methodology provided in Regulations 18.5 below.
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BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
18.5 Formula and methodology for computation of AT&C Loss.—The
formula and methodology for calculation of Aggregate Technical and
Commercial Loss shall be as under:
AT&C Loss (%) = {Energy Input- Energy Realised)*100/Energy Input
Where;
Energy Realised = Energy Billed*Collection Efficiency
Collection Efficiency (%) = Amount Realised*100/Amount Billed
Methodology for Computation of AT&C Loss
A
Gross Energy Purchased at State Periphery (Mus)
**
B
Transmission Loss (Mus)
**
C
Net Energy at Distribution Periphery (Mus)
A-B
D
Distribution Loss (Mus)
C-E
E
Energy Sold (Mus)
**
F
Revenue actually realized from sale of power without subsidy
(Rs. in Crore)
**
G
Tariff Subsidy actually received(Rs. in Crore)
**
H
Net Revenue from sale of energy on subsidy received basis
(Rs. in Crore)
F+G
I
Tariff Subsidy booked(Rs. in Crore)
**
J
Revenue from sale of energy on subsidy booked basis (Rs. in
Crore)
F+I
K
Opening Debtors for Sale of Energy(Rs. in Crore)
**
L
Closing Debtors for Sale of Energy(Rs. in Crore)
**
M
Any amount written off during the year directly from “L”
above(Rs. in Crore)
**
N
Adjusted closing Debtors for Sale of Energy (Rs. in Crore)
L+M
O
Collection Efficiency (%)
[H+K-N]*100/J
P
Units Realized (Mus)
E*O/100
Q
Units Un-Realized (Mus)
C-P
R
AT&C Loss (%)
Q*100/C
** Note:-To be filled up the petitioner based on available records.
Explanation-1: Opening as well as closing debtors for sale of Energy shall
be without deduction of provisions for doubtful debtors. Unbilled Revenue shall
not be considered as Debtors.
Explanation-2: Gross Energy Purchased at State Periphery and Energy
Sold shall not include Energy Traded and Interstate sales i.e Gross Energy
Purchased at State Periphery = Total Power Purchased including central
transmission losses – Central Transmission Loss-Energy Traded/ Inter State Sales,
Energy Sold= Energy Sold to all categories of consumers- Energy Traded/ Inter
State Sales.
Explanation-3: The petitioner shall ensure that Revenue Actually realized
from sale of power as stated in “F” does not include amount of Tariff Subsidy
booked and Revenue from Energy Traded /Inter-State Sales.
Explanation-4: The petitioner shall ensure that above figures are in
conformity with the information contained in Audited Accounts. Moreover
Calculation of AT&C losses in the format given above including Details of
subsidy booked during the year and subsidy received against current year and
against previous years as given below should form a part of audited accounts as
notes to accounts or annexure.
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BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
Details of Subsidy Booked and received
Amount
1. Subsidy Booked during the year
**
2. Total Subsidy received during the year
i) Against subsidy booked for current year (Rs. Cr.)
ii) Against subsidy booked for previous years (Rs. Cr.)
**
**
** Note:-To be filled up the petitioner based on available records.
Illustration:
In case of the licensee have
Total Power Purchase 14,398.16 MUs including 100 Mus Energy Traded/ Inter
State Sales, 266.49 Mus CTU Loss and 419.10 Mus State Transmission Loss.
Energy Sold to all categories of consumers 10810.08 MUs including Energy
Traded/ Inter State Sales.
Revenue actually realized from sale of power without subsidy Rs.3810 Crore,
Tariff Subsidy actually received Rs.1500 Crore, Tariff Subsidy booked Rs.1550
Crore, Opening Debtors for Sale of Energy Rs.3132 Crore, Closing Debtors for
Sale of Energy Rs.3742 Crore, Amount written off during the year directly from
debtors Rs.10 Crore.
Then, calculated figures of AT&C Loss would as stated below:
1
Total Power Purchase
14,398.16
2
Energy Traded/ Inter State Sales
100.00
3
Central Transmission Loss
266.49
A Gross Energy Purchased at State Periphery (1-2-3)
14,031.67
B Transmission Loss
419.10
C Net Energy at Distribution Periphery (A-B)
13,612.57
D Distribution Loss(C-E)
2,902.50
Distribution Loss % (D/C)
21.32%
E Energy Sold
10,710.08
F
Revenue actually realized from sale of power without subsidy
3,810.00
G Tariff Subsidy actually received
1,500.00
H Net Revenue from sale of energy on subsidy received basis (F+G)
5,310.00
I
Tariff Subsidy booked
1,550.00
J
Revenue from sale of energy on subsidy booked basis (F+I)
5,360.00
K Opening Debtors for Sale of Energy
3,132.00
L Closing Debtors for Sale of Energy
3,242.00
M
Any amount written off during the year directly from “L” above
10.00
N Adjusted closing Debtors for Sale of Energy (L+M)
3,252.00
O Collection Efficiency (%)([H+K-N]*100/J)
96.83
P
Units Realized(E*O/100)
10,370.39
Q Units Un-Realized(C-P)
3,242.18
R AT&C Loss (%)(Q*100/C)
23.82
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BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
19. Power Purchase Quantum and Cost.—
(a) Based on the demand estimates grossed up with distribution losses as
determined by regulation 18 of these regulations and transmission
losses, the power purchase quantum shall be calculated in accordance
with BERC (Power Purchase & Procurement Process of Licensee)
Regulations, 2018.
Provided that the power purchase quantum shall be net of sale of
surplus power, if any.
(b) The Power Purchase cost for the power purchase quantum as referred in
(a) above shall be inclusive of inter-state transmission and POSOCO
charges but excluding revenue from sale of surplus power, if any.
Provided that the power purchase cost calculated above shall be net of
rebate at such rate as specified in CERC Tariff Regulations.
Provided further that the power purchase cost referred above shall be
excluding late payment surcharge (LPSC).
(c) Revenue from sale of surplus power shall be estimated at per unit
weighted average price of bilateral purchases.
19.1 Power Purchase Planning.—Comprehensive Power Procurement Plan
approved in accordance with the BERC (Power Purchase &
Procurement Process of Licensee) Regulations, 2018 shall be submitted
as part of MYT petition to the Commission.
20. Treatment of Incremental Power procurement cost.—
20.1 Identification of Incremental cost and process of recovery.—
(a) The Distribution Licensee shall recover the incremental cost
incurred due to the following:
(1) Variation in Generation Cost of its own generation on
account of increase in fuel cost, if the Distribution Licensee
has its own generation.
(2) Variation in power purchase cost on account of increase in
fuel cost.
(b) The incremental cost of own generation and power purchase shall
be computed on the monthly basis on the basis of actual variation
in fuel cost and power purchase cost vis-a-vis the cost approved in
the tariff order in accordance with the formula provided in
regulation 20.2 below.
Explanation:- The incremental cost shall not be computed on the
basis of estimated or expected variation in fuel/power purchase
cost.
(c) The Distribution Licensee shall submit on monthly basis, the
details of the incremental cost incurred and to be charged to all
consumers for the month, along with the detailed computations
and supporting documents as may be required for approval and
verification by the Commission within first 15 days of the month
end.
(d) The Commission shall examine the incremental cost proposed by
the Distribution Licensee with supporting documents submitted
by the Licensee and approve the same with modification, if any
within next 7 days.
(e) The distribution licensee shall charge the incremental cost
approved by the Commission, in proportion to the energy
18
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
consumption of the month in which such incremental cost has
been incurred, in the energy bill of subsequent month in
accordance with the terms and conditions for application of the
FPPCA formula provided in regulation 20.2 below.
(f) The Distribution Licensee shall upgrade the billing and IT
systems to incorporate Incremental Costs (IC) as a component in
tariff design.
20.2 Formula for computation of Incremental cost.—The formula and
terms and conditions for calculation of the incremental charge on
account of increase in fuel cost and power purchase cost namely fuel
and power purchase cost adjustment (FPPCA) charges shall be as
under:
FPPCA
(Paise /
kWh)
=
Qc(Rc2–Rc1)+Qo(Ro2–Ro1)+Qpp(Rpp2–
Rpp1)+Vz+A
x100
(Qpg1 + Qpp1+Qpp2) x
Where
Qc
=
Quantity of coal consumed during the adjustment period in Metric Tons
(MT)
=
(SHR x QPg) (1+TSL)x1000 / GCV, or actual whichever is less
Rc1
=
Weighted average base rate of coal supplied ex-power station coal yard
as approved by the Commission for the adjustment period in Rs. / MT
Rc2
=
Weighted average actual rate of the coal supplied ex-power station coal
yard for the adjustment period in Rs. / MT
Qo
=
Actual Quantity of oil (in KL) consumed during the adjustment period
or normative oil consumption as per Tariff order whichever is less.
Ro1
=
Weighted average base rate of oil ex-power station (Rs./KL) approved
by the Commission for the adjustment period.
Ro2
=
Weighted average actual rate of oil ex-power station supplied (Rs. / KL)
during the adjustment period.
Qpp
=
Total power purchased from different sources (kWh) = Qpp2+Qpp3
Qpp1
=
Qpp3 in kWh
TL
=
Transmission loss (CTU) (in percentage terms).
Qpp2
=
Power purchase from sources with delivery point within the state
transmission or distribution system (in kWh)
Qpp3
=
Power purchase from sources on which CTU transmission loss is
applicable (in kWh)
Rpp1
=
Average rate of power purchase as approved by the Commission (Rs. /
kWh)
Rpp2
=
Average rate of power purchased during the adjustment period (Rs. /
kWh)
Qpg
=
Own power generation (kWh)
Qpg1
=
Own power generation (kWh) at generator terminal – approved
auxiliary consumption
L
=
Percentage T&D loss as approved by the Commission or actual,
whichever is lower.
.
–
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BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
SHR
=
Station Heat Rate as approved by the Commission (Kcal / kWh)
TSL
=
Percentage Transit and Stacking Loss as approved by the Commission.
GCV
=
Weighted average gross calorific value of coal as fired basis during the
adjustment period (Kcal / Kg).
VZ
=
Amount of variable charges on account of change of cost of unknown
factors like water charges, taxes or any other unpredictable and
unknown factors not envisaged at the time of tariff fixation subject to
prior approval of the Commission (Rs.)
A
=
Adjustment, if any, to be made in the current period to account for any
excess/shortfall in recovery of fuel or power purchase cost in the past
adjustment period, subject to the approval of the Commission (Rs.)
If there are more than one power stations owned by the Licensee Qc, Rc1,
Rc2, Qo, Ro1, Ro2, Qpg and Qpg1 will be computed separately for each power
station and sum of the increase/decrease of cost of all power stations shall be
taken into consideration.
Terms and conditions for application of the FPPCA formula
(1)
The basic nature of FPPCA is ‘adjustment’ i.e. passing on the increase or
decrease in the fuel costs and power purchase costs, as the case may be,
compared to the approved fuel costs and power purchase costs in the
Tariff Order.
(2)
The operational parameters / norms fixed by the Commission in the Tariff
Regulations / Tariff Order shall be the basis of calculating FPPCA
charges.
(3)
The FPPCA will be recovered every month in the form of an incremental
energy charge (Rs/kwh) in proportion to the energy consumption of the
month in which incremental cost has been incurred and shall not exceed
10% of the approved avg. cost of supply in the Tariff order and balance
amount, if any, in the FPPCA over and above this ceiling shall be carried
forward to be billed in subsequent month.
(4)
Incremental cost of power purchase due to deviation in respect of
generation mix or power purchase at higher rate shall be allowed only if it
is justified to the satisfaction of the Commission.
(5)
Any cost increase by the licensee by way of penalty, interest due to
delayed payments, and due to operational inefficiencies shall not be
allowed.
(6)
FPPCA charges shall be levied on all categories of consumers.
(7)
Distribution licensee shall file detailed computation of actual fuel cost in
Rs./kWh for each month for each of power stations of the state generators
as well as cost of power purchase (Fixed and Variable) from each
source/station and a separate set of calculations with reference to
permitted level of these costs.
(8)
The data in support of the FPPCA claims shall be duly authenticated by an
officer of the licensee, not below the rank of Chief Engineer on an
affidavit supported with the certified copy of energy bills of power
purchase, transmission and RLDC charges, bill for coal purchase and its
transportation cost, oil purchase bill and the quantity of coal and oil
consumed during the month.
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BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
(9)
Levy of FPPCA charge will be allowed only when it is ten (10) paise or
more per unit. If it is less than 10 (ten) paise/unit, the same may be carried
forward for adjustment in the next month.
(10) The incremental cost per kWh due to the FPPCA arrived for a month shall
be recovered in the energy bill of the month subsequent to the order of the
Commission approving FPPCA with full details of rate and unit(s) on
which FPPCA charges have been billed. The Generating Company and the
Distribution Licensee shall provide along with the proposal of FPPCA (as
applicable to them) for a month, a compliance report of the previous order
of the commission in respect of FPPCA.
20.3 Incremental cost realization per unit of electricity consumption.—
The Commission may approve recovery of incremental cost on account
of fuel and power purchase cost from the consumers in one or more
monthly installment.
PART-V
FINANCIAL PRINCIPLES
21. Component of ARR.—The Aggregate Revenue Requirement (ARR) for the
Distribution Business of the Distribution Licensee for each year of the Control Period,
shall inter-alia contain but not limited to the following financial parameters:
A. Quantum and Cost of power procurement from various sources
B. Transmission and load dispatch charges
C. Operation and Maintenance expenses
D. Depreciation
E. Contingency Reserves
F. Interest on loan and other finance charges
G. Interest on Working Capital
H. Return on Equity
I.
Bad debts, if any
J.
Non-Tariff Income; and
K. Income from Other Business
L. Interest on security deposit.
22. Operation & Maintenance Expenses.—
(a) The Commission shall stipulate a separate trajectory of norms for each
of the components of O&M expenses viz., Employee cost, Repair and
Maintenance (R&M) expense and Administrative and General (A&G)
expense.
Provided that such norms may be specified for a specific Distribution
Licensee or a class of Distribution Licensees.
(b) Norms shall be defined in terms of combination of number of personnel
per 1000 consumers and number of personnel per substation along with
annual expenses per personnel for Employee expenses; combination of
A&G expense per personnel and A&G expense per 1000 consumers for
A&G expenses and R&M expense as percentage of gross fixed assets for
estimation of R&M expenses.
(c) One-time expenses such as expense due to change in accounting policy
and arrears paid due to pay commission recommendation shall be
excluded from the norms in the trajectory.
(d) The unforeseen expenses beyond the control of the Distribution Licensee
such as pay revision, shall be excluded from the norms in the trajectory.
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BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
(e) The One-time expenses and the expenses beyond the control of the
Distribution Licensee shall be allowed by the Commission over and
above normative Operation & Maintenance Expenses after prudence
check.
(f) The norms in the trajectory shall be specified over the control period
with due consideration to productivity improvements.
(g) The norms shall be determined at constant prices of base year and
escalation on account of inflation shall be over and above the baseline.
Provided that for the purpose of escalation based on Wholesale Price
Index(WPIn) and Consumer Price Index(CPIn), WPIn is to be computed
based on the average yearly inflation derived based on the monthly
Wholesale Price Index of the respective past three financial years
(including the year of Truing-up) as per the Office of Economic Advisor
Ministry of Commerce & Industry Government of India and CPIn is to
be computed based on the average yearly inflation derived based on the
monthly Consumer Price Index for Industrial Workers (all-India) of the
respective past three financial years (including the year of Truing-up) as
per the Labour Bureau Government of India, at the time of filing of
Petition.
(h) The Distribution Licensee specific trajectory of norms shall be identified
by the Commission on the basis of absolute and relative analysis.
(i) In absolute analysis, Distribution Licensee’s audited accounts of
operations for last three years, expenses claimed for control period,
historically approved cost, and prudence check shall be used by the
Commission to estimate values of norms.
(j) In relative analysis, performance parameters of other Distribution
Licensees within the same state or in other states, shall be considered by
the Commission to estimate norms.
Provided that other Distribution Licensees so chosen shall have similar
profile as that of the Distribution Licensee under consideration in terms
of consumer mix, type of license area (city, state, etc.) type of
distribution networks, viz., underground/overhead, High Tension (HT)
consumer, Low Tension (LT) consumer ratio, etc.
(k) Suitable average of outcomes of absolute and relative analysis shall be
taken by the Commission to fix the norms over the control period for the
Distribution Licensee.
22.1 Employee Cost.—Employee cost shall be computed as per the approved
norm escalated by consumer price index (CPI), adjusted by provisions
for expenses beyond the control of the Distribution Licensee and one
time expected expenses, such as recovery/adjustment of terminal
benefits, implications of pay commission, arrears and Interim Relief,
governed by the following formula:
EMPn = (EMPb * CPI inflation) + Provision
Where:
EMPn : Employee expense for the year n
EMPb : Employee expense as per the norm
CPI inflation : is the average increase in the Consumer Price Index
(CPI) for immediately preceding three years
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BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
Provision: Provision for expenses beyond control of the
Distribution Licensee and expected one-time expenses as specified
above.
Till the norms are specified by the Commission the employee cost shall be
determined on the basis of actual historical cost.
22.2 Repairs and Maintenance (R&M) Expense.—Repairs and Maintenance
expense shall be calculated as percentage (as per the norm determined)
of Opening Gross Fixed Assets excluding land cost for the year
governed by following formula:
R&Mn = Kb * GFAn
Where:
R&Mn : Repairs & Maintenance expense for nth year
GFAn : Opening Gross Fixed Assets for nth year
Kb : Percentage point as per the norm
22.3 Administrative and General (A&G) Expense.—A&G expense shall be
computed as per the norm escalated by wholesale price index (WPI) and
adjusted by provisions for confirmed initiatives (IT etc. initiatives as
proposed by the Distribution Licensee and validated by the Commission)
or other expected one-time expenses, and shall be governed by following
formula:
A&Gn = (A&Gb * WPI inflation) + Provision
Where:
A&Gn: A&G expense for the year n
A&Gb: A&G expense as per the norm
WPI inflation: is the average increase in the Wholesale Price Index
(WPI) for immediately preceding three years
Provision: Cost for initiatives or other one-time expenses as proposed by
the Distribution Licensee and validated by the Commission.
Till the norms of A&G expenses is specified by the Commission, the
actual historical cost will be considered for determination of A&G expenses.
23. Treatment of Depreciation.—
(a) Depreciation shall be calculated for each year of the control period on
the original cost of the fixed assets of the corresponding year.
(b) Depreciation shall not be allowed on assets funded by capital subsidies,
consumer contributions or grants.
(c) Depreciation shall be calculated annually on the basis of assets
capitalised and put to use based on the straight line method over the
useful life of the asset at rate not exceeding the rate specified by the
Central Electricity Regulatory Commission for Transmission utility.
(d) The residual value of assets shall be considered as 10% and depreciation
shall be allowed to a maximum of 90% of the original cost of the asset.
The Distribution Licensee shall submit separate detail of fully
depreciated asset along with year of commissioning and year of attaining
ninety percent depreciation with the tariff petition.
Provided that freehold land shall not be treated as a depreciable
asset and its cost shall be excluded while computing 90% of the original
cost of the asset.
Provided further that cost of leasehold land shall be amortized
evenly within the leased period.
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BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
(e) Depreciation shall be charged from the first year of commercial
operation of the asset. Provided that in case the operation of the asset is
for a part of the year, depreciation shall be charged on proportionate
basis.
(f) A provision of replacement of assets shall be made in the capital
investment plan.
24. Contribution to Contingency Reserve.—
24.1 If the Distribution Licensee has made an appropriation to the
Contingency Reserve, a sum not more than 0.5 per cent of the original
cost of fixed assets at the beginning of the year shall be allowed
annually towards such appropriation in the calculation of ARR.
Provided that where the amount of such Contingency Reserves
exceeds five (5) per cent of the original cost of fixed assets, no further
contribution shall be allowed.
Provided further that such contribution shall be invested in
securities authorised under the Indian Trusts Act, 1882 within a period
of six months of the close of the Year.
24.2 The Contingency Reserve shall not be drawn upon during the term of
the license except to meet such charges as may be approved by the
Commission, such as following:
(a) Expenses or loss of profits arising out of accidents, strikes or
circumstances which the management could not have
prevented;
(b) Expenses on replacement or removal of plant or works other
than expenses required for normal maintenance or renewal;
(c) Compensation payable under any law for the time being in
force and for which no other provision is made:
Provided that such drawal from contingency reserve shall be
computed after making due adjustment for any other compensation
that may have been received by the Licensee as part of an insurance
cover.
24.3 No diminution in the value of contingency reserve as mentioned above
shall be allowed to be adjusted as a part of tariff.
25. Treatment of loan and other finance charges.—
(a) The Distribution Licensee shall provide detailed loan-wise, project-
wise and utilization-wise details of all the loans.
(b) If the equity actually deployed is more than 30 % of the capital cost,
equity in excess of 30 % shall be treated as normative loan.
Provided that where equity actually deployed is less than 30% of the
capital cost, the actual loan shall be considered for determination of
interest on loan.
(c) Actual loan or normative loan, if any, shall be referred as gross
normative loan in this Regulation.
(d) The normative loan outstanding as of 1st April of control period shall
be computed by deducting the cumulative repayment as approved by
the Commission (basis as mentioned below) up to 31st March of
current period (a year before control period) from the gross normative
loan.
(e) The repayment for the control period shall be deemed to be equal to
the depreciation allowed for the year.
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BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
(f) Notwithstanding any moratorium period availed by the Distribution
Licensee, the repayment of the loan shall be considered from the first
year of the control period as per annual depreciation allowed.
(g) The rate of interest shall be the weighted average rate of interest
calculated on the basis of actual loan portfolio at the beginning of each
year of the control period, in accordance with terms and conditions of
relevant loan agreements, or bonds or non-convertible debentures.
Provided that if no actual loan is outstanding but normative loan is
still outstanding, the last available weighted average rate of interest
shall be applicable;
Provided further that if no actual loan is outstanding but normative
loan is still outstanding and the last available weighted average rate of
interest is also not available, rate of interest equal to the State Bank
one-year Marginal Cost of Funds-based Lending Rate (‘MCLR’) shall
be applicable;
Provided further that the interest on loan shall be calculated on the
normative weighted average loan of the year by applying the weighted
average rate of interest;
Provided also that exception shall be made for the existing loans
which may have different terms as per the agreements already
executed if the Commission is satisfied that the loan has been
contracted for and applied to identifiable and approved projects;
(h) The Distribution Licensee shall make every effort to refinance the loan
as long as it results in net benefit to the consumers.
Provided that the cost associated with such refinancing shall be
eligible to be pass through in tariffs and the benefit on account of
refinancing of loan and interest on loan shall be shared in the ratio of
50:50 between the Distribution Licensee and the consumers. Provided
further that the Distribution Licensee shall submit the calculation of
such benefit to the Commission for its approval.
(i) The Distribution Licensee shall enable tracking of the loans converted
into grants under schemes like R-APDRP, RGGVY, DDUGJY, IPDS
etc or any other loan from the Central or State Government by
providing information and data regularly to the Commission, for
enabling the Commission to recover from Distribution Licensee the
amount of interest on loans which have been passed on to the
consumers in the earlier years and have been converted into grant
subsequently so that the recovered amount is passed on to the
consumers.
(j) Addition to loan during the year for Interest purpose will be restricted
to the quantum of assets capitalized and put to use out of actual or
normative loan.
(k) Details of expenses on account of rebates for prompt payment, Power
factor rebate for maintaining power factor above 0.90, other finance
charges, guarantee fee etc except refinancing charges shall also be
separately filed by the licensee with the ARR under the head “Interest
on loan and other finance charges.
25
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
25.1 Interest during Construction (IDC) .—
(i) Interest during construction shall be computed corresponding to
the loan from the date of infusion of debt fund, and after taking
into account the prudent phasing of funds upto Scheduled Date of
Commercial operation (SCOD).
(ii) In case of additional costs on account of IDC due to delay in
achieving the SCOD, the Licensee shall be required to furnish
detailed justifications with supporting documents for such delay
including prudent phasing of funds.
Provided that if the delay is not attributable to the Licensee and
is due to uncontrollable factors as specified in these regulations, IDC may
be allowed after due prudence check.
Provided further that only IDC on actual loan may be allowed
beyond the SCOD to the extent, the delay is found beyond the control of
licensee after due prudence and taking into account prudent phasing of
funds.
25.2 Incidental Expenditure during Construction (IEDC) .—
(i)
Incidental expenditure during construction shall be computed
from the zero date and after taking into account pre-operative
expenses up to Scheduled Date of Commercial operation (SCOD).
Provided that any revenue earned during construction period up to
SCOD on account of interest on deposits or advances, or any
other receipts may be taken into account for reduction in
incidental expenditure during construction.
(ii)
In case of additional costs on account of IEDC due to delay in
achieving the SCOD, the licensee shall be required to furnish
detailed justification with supporting documents for such delay
including the details of incidental expenditure during the period of
delay and liquidated damages recovered or recoverable
corresponding to the delay.
Provided that if the delay is not attributable to the licensee and is
due to uncontrollable factors as specified in these regulations,
IEDC may be allowed after due prudence check.
Provided further that where the delay is attributable to an agency
or contactor or supplier engaged by the licensee, the liquidated
damages recovered from such agency or contractor supplier shall
be taken into account for computation of capital cost.
(iii) In case the time over-run beyond SCOD is not admissible after
due prudence, the increase of capital cost on account of cost
variation corresponding to the period of time over run may be
excluded from capitalization irrespective of price variation
provisions in the contracts with supplier or contractor of the
licensee.
26. Interest on Working Capital.—The Distribution Licensee shall be allowed
interest on estimated level of working capital for the financial year, computed as follows:
(a) Two months equivalent of expected revenue.
(b) Maintenance spares@40% of R&M expenses for one month:
Less:
(i)
Power purchase cost, transmission charges and load dispatch charges
for one month.
26
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
(ii) Depreciation, return on equity and contribution to contingency
reserves equivalent to two months.
(iii) Amount of security deposits and advance from consumers or
Distribution System users, if any, held during the year.
Provided that the interest on working capital shall be on normative basis and rate
of interest shall be equal to the State Bank one-year Marginal Cost of Funds-based
Lending Rate (‘MCLR’) as of the date on which petition for determination of tariff is
filed plus 150 basis points. The rate of interest for the purpose of Truing-up shall be the
weighted average MCLR of the concern Financial Year plus 150 basis points.
Provided further that interest shall be allowed on consumer security deposits and
security deposits from Distribution System users held during the year at the rate as of the
date on which petition for determination is filed. The interest allowed shall be subject to
true up at weighted average Bank Rate of the concern Financial Year.
Provided also that if the State Government is providing resource gap grant and/or
direct subsidy to consumers, the working capital shall be reduced by two months
equivalent of that amount.
27. Treatment of Return on equity .—
(a) Return on equity shall be computed on 30% of the capital base or actual
equity, whichever is lower.
Provided that assets funded by consumer contribution, capital subsidies/
grants and corresponding depreciation shall not form part of the capital
base. Actual equity invested in the Distribution Licensee as per book
value shall be considered as perpetual and shall be used for
computation in this Regulation.
Provided further that the premium if any raised by the Licensee while
issuing share capital and investment of internal resources created out of
its free reserves, for the funding of the Scheme, shall be reckoned as
paid up capital for the purpose of computing return on equity, provided
such premium amount and internal resources are actually utilized for
meeting the capital expenditure of the distribution system, and are
within the ceiling of 30% of capital cost approved by the Commission.
(b) The return on the equity invested shall be allowed from the date of start
of commercial operation after put to use.
(c) Return on equity shall be computed at the rate of 15.5% for the project
which is commissioned w.e.f. 01.04.2016 and further incentive
equivalent to 0.5% will be allowed in the form of RoE, if the project is
completed within original schedule period. However, Return on Equity
for the project commissioned prior to 01.04.2016 shall be allowed at the
rate of 14%.
28. Bad and Doubtful Debts.—Bad and Doubtful Debts shall be allowed as a
legitimate business expense provided the distribution licensee actually identifies and
writes off bad debts as per the transparent policy approved by the Commission. In case
there is any recovery of bad debts already written off, the recovered bad debt will be
treated as other income as an uncontrollable item.
29. Tax on Return on Equity.—
29.1 The base rate of return on equity as allowed by the Commission under
Regulation 27 shall be grossed up with the effective tax rate of the
respective financial year. For this purpose, the effective tax rate shall
be considered on the basis of actual tax paid in the respect of the
financial year in line with the provisions of the relevant Finance Acts
27
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
by the concerned the Distribution Licensee, as the case may be. The
actual tax on income from other business including deferred tax
liability (i.e. income on business other than business of distribution, as
the case may be) shall not be considered for the calculation of effective
tax rate.
29.2 Rate of return on equity shall be rounded off to two decimal places and
shall be computed as per the formula given below:
Rate of pre-tax return on equity = Base rate / (1-t)
Where “t” is the effective tax rate in accordance with Clause (1) of this
regulation and shall be calculated at the beginning of every financial
year based on the estimated profit and tax to be paid estimated in line
with the provisions of the relevant Finance Act applicable for that
financial year to the company on pro-rata basis by excluding the
income of non-distribution business and the corresponding tax thereon.
In case of licensee paying Minimum Alternate Tax (MAT), “t” shall be
considered as MAT rate including surcharge and cess.
Illustration:-
(i)
In case of the licensee paying Minimum Alternate Tax (MAT) @
20.96% including surcharge and cess:
Rate of return on equity = 15.50/(1-0.2096) = 19.61%
(ii)
In case of licensee paying normal corporate tax including surcharge
and cess:
(a) Estimated Gross Income from the licensee business for FY 2017-
18 is Rs 1000 crore.
(b) Estimated Advance Tax for the year on above is Rs 240 crore.
(c) Effective Tax Rate for the year 2017-18 = Rs 240 Crore/Rs 1000
Crore = 24%
(d) Rate of return on equity = 15.50/ (1-0.24) = 20.39%
29.3 The Licensee shall true up the grossed up rate of return on equity at the
end of every financial year based on actual tax paid together with any
additional tax demand including interest thereon, duly adjusted for any
refund of tax including interest received from the income tax
authorities pertaining to the tariff period 2022-23 to 2024-25 on actual
gross income of any financial year. However, penalty, if any, arising
on account of delay in deposit or short deposit of tax amount shall not
be claimed by the Licensee. Any under-recovery or over-recovery of
grossed up rate of return on equity after truing up, shall be recovered
or refunded to beneficiaries on year to year basis.
30. Non-Tariff Income.—
(a) All incomes being incidental to electricity business and derived by the
Licensee from sources, including but not limited to theft of energy,
delayed payment surcharge, meter rent (if applicable), profit derived
from disposal of assets, rents, income from investments other than
contingency reserves, miscellaneous receipts from the consumers,
other miscellaneous receipts, income to Licensed business from the
Other Business of the Distribution Licensee and any other income
shall constitute Non-Tariff Income of the Licensee.
Provided that Delayed Payment Surcharge to the extent of
financing cost on the principal amount corresponding to the Delayed
Payment Surcharge shall not be treated as non- tariff income. The
28
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
financing Cost on the principal amount corresponding to the Delayed
Payment Surcharge shall be allowed at weighted average MCLR of the
concern Financial Year plus 150 basis points.
Provided further that the interest earned from investments made
out of Return on Equity corresponding to the regulated Business of the
Distribution Licensee shall not be included in Non-Tariff Income
(b) The amount received by the Licensee on account of Non-Tariff
Income shall be deducted from the Aggregate Revenue Requirement in
calculating the net revenue requirement of Distribution Licensee.
31. Income from Other Business.—Where the Distribution Licensee is engaged
in any other business, the income from such business will be deducted from the
Aggregate Revenue Requirement in calculating the revenue requirement of the Licensee
in the manner and in proportion as may be specified by the Commission in BERC
(Treatment of Income of Other Businesses of Transmission Licensees and Distribution
Licensees) Regulations, 2013 and its amendments from time to time.
Provided that the Licensee shall follow a reasonable basis for allocation of all
joint and common costs between the Distribution Business and the Other Business
and shall submit the Allocation Statement as approved by the Board of Directors
to the Commission along with the application for determination of tariff;
Provided further that where the sum total of the direct and indirect costs of such
Other Business exceed the revenues from such Other Business or for any other
reason, no amount shall be allowed to be added to the Aggregate Revenue
Requirement of the Distribution Licensee on account of such Other Business.
32. Treatment of Regulatory Assets.—
(a) Regulatory assets shall not be created against cost/loss incurred in
normal course of business except in case of natural calamity or forced
majeure conditions and extraordinary situations as the Commission
deems fit and proper.
(b) The amortization schedule corresponding to the regulatory asset shall be
approved by the Commission and put in effect along with creation of the
regulatory asset. The amortization schedule shall normally provide for
recovery of the regulatory asset within a period not exceeding seven
years.
(c) The carrying cost of the regulatory asset shall be in line with the State
Bank one-year Marginal Cost of Funds-based Lending Rate (‘MCLR’)
for the tenure for which regulatory asset has been created plus 150 basis
points.
PART-VI
WHEELING AND RETAIL SUPPLY BUSINESS
33. Segregation of Wheeling Business and Retail Supply Business.—Every
Distribution Licensee shall maintain separate accounting records for the Wheeling
Business and Retail Supply Business and shall prepare an Allocation Statement to enable
the Commission to determine the Tariff separately for :—
(a) Wheeling Business ;
(b) Retail Supply of electricity:
Provided that in case complete accounting segregation has not been done between
the Wheeling Business and Retail Supply Business of the Distribution Licensee,
the Commission shall stipulate the ratio of allocation of the Aggregate Revenue
Requirement of the Distribution Licensee based on data obtained from the
Distribution Licensees. The following broad principles shall be followed for
29
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
allocation of costs towards wheeling business and supply business, out of the total
annual Aggregate Revenue Requirements determined:
Power purchase cost shall be allocated to the Retail Supply business.
Operation and Maintenance expenses shall be segregated between wheeling
and retail supply businesses in such manner as may be determined by the
Commission;
Majority of the capital expenditure related expenses, viz., depreciation, interest
and return on equity, shall be included under the wheeling business;
Explanation – The Retail Supply Business would require only a small component
of the capital expenditure towards billing and collection activity.
34. Target Availability and Recovery of ARR.—
(a) Recovery of the annual Aggregate Revenue Requirement determined as
per the norms under these regulations shall be based on achievement of
the target availability index as under:
The Availability index shall be computed for both Wheeling Business
and Retail Supply Business of the Distribution Licensee on yearly basis
as per following:
For Wheeling Business:
Wheeling Network Availability Index (%) = (1-(SAIDI/8760)) X 100
Where,
SAIDI = Sum of all customer interruption durations/Total number of
consumers served
For Retail Supply Business:
The Supply Availability shall be measured on the basis of power
contracted by the Distribution Licensee on a long-term basis as per the
power procurement plan under following heads:
Base Load Supply Availability = ((Actual Contracted Base Load Supply
(MW)) X (Number of Off-Peak hours)) / ((Base Load in MW) X
(Number of Off-Peak hours)) Peak Load Supply Availability = ((Actual
Contracted Peak Load Supply (MW)) X (Number of Peak hours)) /
((Peak Load in MW) X (Number of Peak hours)) Supply Availability
Index = 75% of Base Load Supply Availability + 25% of Peak Load
Supply Availability
(b) The Distribution Licensee shall maintain data on planned maintenance
outages, load shedding, force majeure outages and trippings.
(c) The incentive/disincentive shall exclude the circumstances when the
actual supply differs from the contracted supply due to force majeure
situations, weather conditions, extreme monsoon failure, station outages,
etc. which are beyond the control of the Distribution Licensee.
(d) The Commission shall specify progressively increasing normative levels
of Availability for Wheeling and Supply Business of the Distribution
Licensee on the basis of past performance over the control period.
Provided that the Availability of Retail Supply Business shall not be
lower than 90% and shall gradually increase to 95% or 98% in no less
than three years
(e) The incentive/disincentive shall be considered as +/- 0.2% of ARR for
every percentage point increase/decrease in Availability vis-à-vis the
normative levels of availability.
Provided that, the maximum incentive/disincentive shall be
limited to +/- 2% of ARR.
30
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
35. Subsidy.—
(a) The Commission shall determine the ARR and Tariff without
considering subsidy.
Provided that if the State Government declares subsidy for the categories
of consumers after notification of Tariff Order, the licensee shall
incorporate the same in the tariff and intimate the Commission with the
revised Tariff Schedule that shall be charged if the subsidy is received in
advance.
Provided further that in case the State Government declares subsidy in
advance or during tariff filing proceedings and the licensee incorporates
the subsidy in the petition, the Commission shall notify two tariff
schedules, one with subsidy and the other without subsidy.
Provided also that the Government’s subsidy provided for or declared
shall be supported by documentary evidence of time schedule of
payment, mode of the payment of the subsidy and categorization of the
subsidy amount into subsidized consumer categories.
(b) The Commission may clarify in the tariff order, post the declaration
from the Government, the quantum of Government’s subsidy as
applicable to the fuel cost adjustment along with the range (%) of
variable cost upto which the fuel adjustment cost shall not be passed to
the consumers, category wise classification, mode of payment and
schedule of payment etc.
(c) In case of no disbursement or delayed disbursement of subsidy by the
Government, the licensee shall charge consumers as per the tariff
schedule which is approved by the Commission without consideration of
subsidy.
(d) In case the amount of subsidy by the Government is not utilized in full,
the balance amount of subsidy amount shall be used for adjusting in
ARR of the ensuing year(s).
Provided that in case the Government directs to utilize such un-
utilized balance of subsidy in some other manner, the same shall not be
used for adjusting in the ARR of the relevant year(s).
36. Cross Subsidy, Allocation of Cost to Serve and Tariff Design .—
(a) The Commission shall notify a roadmap for reduction of cross subsidies
within control period. The road map shall also have intermediate
milestones, based on the approach of a gradual reduction in cross
subsidy.
(b) The Distribution Licensee shall compute the consumer category-wise
cost of supply as per the methodology elaborated below.
(c) Allocation of Cost: The Cost to serve shall be allocated to the
consumer categories in the following manner:
Step 1: Functionalization of Cost - Total cost shall be divided on the basis of
functions performed such as power purchase, transmission, distribution etc.
Step 2: Classification of Cost –Each of the functionalized costs shall be
further classified, based on its intrinsic nature into Demand related cost,
Energy related cost and Customer related cost. Demand related costs shall
generally be of fixed nature, related to capacity creation and shall include
interest on capital borrowing, depreciation etc. Energy cost shall be related to
quantum of electricity consumption of consumer, such as fuel cost, interest on
31
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
working capital, etc. Consumer related cost shall include operating expenses
associated with meter reading, billing and accounting.
Step 3: Allocation of Cost.—
(i)
Allocation of Demand Costs: Demand costs of all three functions
shall be allocated among consumer categories on the basis of average
coincident peak demand of the tariff categories (average of past 12
months). To facilitate determination of average coincident peak
demand for the various tariff categories, load research shall be made
an integral part of the operations of the DISCOMs and systematic
load research exercises shall be initiated.
(ii)
Allocation of Energy Costs: Energy related costs of Distribution
functions shall be allocated to consumer categories on the basis of
ratio of electricity consumption of each consumer category to the
total electricity consumption under the purview of the Distribution
Licensee. Energy related costs of Power purchase shall be allocated
to various tariff categories on the basis of block approach on merit
order dispatch and incremental principle, where each tariff category
shall be allocated the incremental (energy related) power purchase
cost on the basis of their respective share in the incremental power
purchase. For the purpose of operationalising the block approach and
incremental principle, the Commission shall identify and notify a
suitable year as the "base year"
(iii)
Allocation of Customer Costs: Customer related costs shall be
allocated to consumer categories on the basis of the ratio of number
of consumers in each category to total number of consumers under
the purview of the Distribution Licensee.
(d) Summation of allocated Demand cost, Energy cost and Customer cost
across functions shall be total Cost to serve for respective consumer
categories. Cost to serve reduced by revenue from a consumer
category shall give total subsidy for that category. Total subsidy for a
consumer category reduced by Government subsidy, if any, shall be
cross-subsidy for that consumer category.
(e) The consumers below poverty line who consume power below a
specified level, as determined by the commission in Tariff Order,
shall receive a special support through cross subsidy.
(f) Cross-subsidy surcharge and additional surcharge in Open
Access.—
(i) The amount received or to be received by the licensee on
account of cross-subsidy surcharge and additional surcharge,
as approved by the Commission from time to time in
accordance with the Regulations specified by the Commission,
shall be shown separately against the consumer category that is
permitted open access as per the phasing plan.
(ii) Cross-subsidy surcharge and additional surcharge shall be
shown as revenue from the tariff from the consumer categories
who have been permitted open access and such amount shall
be utilized to meet the cross-subsidy requirements of
subsidized categories and fixed costs of the Distribution
Licensee arising out of his obligation to supply.
32
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
Provided that, the licensee shall provide such details in its
annual fillings.
(iii)
The surcharge payable by the consumers permitted for open
access shall be computed as per following formula:
S=T-[C/(1-L/100)+D+R];
Where S is the surcharge
T is the tariff payable by the relevant category of consumers,
including reflecting the Renewable Purchase Obligation
C is the per unit weighted average cost of power purchase by
the Licensee, including the cost of meeting the Renewable
Purchase Obligation
D is the aggregate of transmission, distribution and wheeling
charge applicable to the relevant voltage level
L is the aggregate of transmission (including CTU),
distribution and commercial losses, expressed as a percentage
applicable to the relevant voltage level
R is the per unit cost of carrying regulatory assets
However taking into consideration the overall objectives of the
Electricity Act and the power scenario in the licensee’s area, the Commission
may determine the surcharge either lower or higher than surcharge computed
using the formula provided above.
Provided that the surcharge shall not exceed 20% of the tariff
applicable to the category of the consumers seeking open access."
(g) Tariff Design.—
(1) The tariff design shall be in accordance with Bihar Electricity
Regulatory Commission (Fixation of Charges for Supply of
Electricity by Distribution Licensee) Regulations, 2018.
(2) The Commission shall be guided by the objective that the tariff
progressively reflects the efficient and prudent cost of supply of
electricity.
(3) After the costs have been allocated based on the method
specified in clauses (c) and (d) above, tariffs for different
consumer categories shall be designed with due regard to
factors provided under section 62(3) of the Act.
(4) The time of day tariff would be structured across three time
slabs to denote normal, peak and off-peak periods. The time-
periods would vary according to different seasons of the year
i.e. summer, winter and the monsoon season. The peak tariff
would be 20%-30% higher than the normal tariff and the off-
peak tariff would be priced 15%-20% lower than the normal
tariff.
(5) The peak and off-peak hours during seasons shall be as notified
by the State Load Dispatch Centers in advance.
(6) Time of Day tariff shall be introduced in a phased manner,
wherein in phase 1 it would be compulsory for HT Consumers,
in phase 2 – compulsory for LT consumers consuming more
than 25 KW and in phase 3 compulsory for LT consumers
consuming more than 10 KW.
33
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
PART- VII
MISCELLANEOUS
37. Power to amend.—The Commission may, at anytime, amend, alter or modify
any provision of these Regulations.
38. Power to remove difficulties.—If any difficulty arises in giving effect to the
provisions of these Regulations, the Commission may, by general or specific order, make
such provisions not inconsistent with the provisions of the Act, as may appear to be
necessary for removing the difficulty.
39. Right to vary terms and conditions.—The terms and conditions for
determination of tariff specified in these regulations are in the nature of general
framework on the basis of which the tariff shall be determined. The Commission reserves
its right to vary these terms and conditions, as and when deems fit.
40. Limitation of Power of Commission.—Nothing in these regulations shall be
deemed to limit the powers of the Commission to deal with any matter or exercise any
power under the relevant Acts for which no regulations have been made / framed and to
make such orders as it may consider appropriate to meet the ends of justice in any case.
41. Repeal and savings.—
(a) Save as otherwise provided in these regulations, BERC (Multi Year
Distribution Tariff) Regulations, 2018, and its amendments thereof from
time to time are hereby repealed.
(b) Notwithstanding such repeal, any proceedings before the Commission
pertaining to the period prior to the commencement of the fourth Control
Period, including Petitions for True up of expenses, annual performance
review, etc. shall be governed by respective previous regulations.
By order of the Commission,
Sd./-Illegible,
Secretary.
34
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
FORMAT-1
TARIFF PETITION FOR FY ……
Name of the Distribution Licensee
Energy Sales and Number of Consumers
Sl
No
Category/
Subcategory
Previous Year
(Actuals)
Current year (RE)
Ensuing
year(s)(Projections)
No of consumers at the end
of the year
Sanctioned/Contracted load
at the end of the year (KW)
Energy sales during the
year (MU)
No Of consumers at the end
of the year
Sanctioned/Contracted load
at the end of the year (KW)
Energy sales during the
year (MU)
No Of consumers at the end
of the year
Sanctioned/Contracted load
at the end of the year (KW)
Energy sales during the
year(MU)
A
DOMESTIC
SERVICES
1
KutirJyoti
KJ metered:
1 to 50 units
51-100
And so on------
Sub total
2
DS-I
Metered
1 to 50 units
51-100
>100 units
Sub total
3
DS-II
1-100 Units
101-200 U
201-300 U
And so on--
Sub total
B
NON-DOMESTIC
SERVICES
1
NDS-I
1-100
101-200
>200
2
NDS-II
upto 0.5 kW
above 0.5 kW:
1-100
101-200
>200
Sub Total of B
35
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
Sl
No
Category/
Subcategory
Previous Year
(Actuals)
Current year (RE)
Ensuing
year(s)(Projections)
No of consumers at the end
of the year
Sanctioned/Contracted load
at the end of the year (KW)
Energy sales during the
year (MU)
No Of consumers at the end
of the year
Sanctioned/Contracted load
at the end of the year (KW)
Energy sales during the
year (MU)
No Of consumers at the end
of the year
Sanctioned/Contracted load
at the end of the year (KW)
Energy sales during the
year(MU)
C
STREET LIGHT
SERVICES
1
SSUnmetered
Supply
2
SS Metered Supply
Sub Total of C
D
IRRIGATION AND
AGRICULTURAL
SERVICES
1
IAS-I Unmetered
2
IAS-I Metered
3
IAS-II
Sub Total of D
E
PWW
HAR GHAR NAL
F
LOW TENSION
SERVICES
1
LTIS-I
2
LTIS-II
Sub total of F
G
HIGH TENSION
SERVICES
1
HTS-I
2
HTS-II
3
HTS-III
4
HTS-IV
5
HTSS
Sub total of G
H
RAILWAY
TRACTION
SERVICES
I
Distr. Franchisee
J
Nepal
K
Other bilateral sales
(Pl. specify)
Grand Total(A to K)
Note: 1. Detail of Sales to Nepal, other bilateral sales etc should be separately filed with copy of
invoices for Previous year, Current year and Ensuing years as per the prescribed format.
36
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
!"# $!
Particular
Previous FY
Current FY
Ensuing Years
Billing
efficiency
Collection
efficiency
AT&C Loss
Billing
efficiency
Collection
efficiency
AT&C Loss
Billing
efficiency
Collection
efficiency
AT&C Loss
37
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
%&'# (
)#*+,!-#)'.*" , )
'/*+
S.N
Name of Source
Total
Capacity
(MW)
Share of
Discom
(MW)
Previous
year
(Actuals)
Current
Year (R.E)
(MU)
Ensuing
year (s)
(Projection)
MW MU MW MU
MW
MU
1
2
3
4
5
6
7
8
9
10
A
Through Inter-State
Transmission
(i) ………
(ii) ……..
……
Sub Total
B
Through Intra-State
Transmission
(i) ………
(ii) ……..
……..
Sub Total
C
Distributed Generation
D
TOTAL (A+B+C)
)*%--"%-#
!! "
#$ %
&!!
#$
&!!
#$
'
!
!
(
&)*!
#+
38
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
)!*%--"%-#
$
$ ,
&
!
& , '
- ! - %.$
/&
"#$% &
"$$ &
"## &
" $$ &'## &
# ! !!
- ! -
39
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
%&'# 0
Energy Requirement and Energy Balance
Sl
No
Particulars
Unit
Previous
Year
Actuals
Current
Year
(RE)
Ensuing
Years
(projections)
A
Energy Requirement
1
Energy sales
MU
2
Less: Inter-state sales, if any
MU
3
Energy sales excluding Inter-state
sales, if any
MU
4
Distribution Loss
%
5
Add: Distribution Loss
MU
6
Total energy required at
Distribution periphery
MU
7
Add: Inter-state sales, if any
MU
8
Total energy required at
Distribution periphery including
Inter-state sales
MU
9
StateTransmission Loss
%
10
Add: StateTransmission Loss
MU
11
Total energy required at State
Transmission periphery
MU
B
Energy Available
1
From Central Sector
MU
2
From IPP
MU
3
From State Generating Stations
MU
4
From Renewable Sources
MU
5
UI (Net)
MU
6
Others(please specify)
MU
7
CTU losses
%
8
CTU Losses
MU
9
Net power available at State
periphery (1+2+3+4+5+6-8)
MU
10
Energy Surplus/(Deficit) at State
Periphery
MU
40
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
41
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
42
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
43
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
%&'# 1
-
+2
3
)#*
!
)&2*
) 4*
5
(
0
6
!"#
!$ % &
#"
'
( ## ##
!"#
!$ % &
#"
)
*
%#
!"#
!$ % &
#"
+
#
!,'-)
!"#
!$ % &
#"
44
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
%&'# 7
-
)&2!2*
+2
3
!
)&*
)*
#--3"
' 8&
#
+$#,
! ./.
! 0.
!
' !
)#*
) 1 2
"0 #
3
+(
"4 #
5( "
6(
7 #
! # # #
( (((''& # #(
! #
# 0 # - #
0 #(
! 6& # # #(
45
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
%&'# 9
- "3
+2
3
!
)&2*
) 4*
#--3"
'
#
5
(
0
6
1
!
8
'
4 # #89
)
:
;<
+
. #<=
5
. <=
#
6
.
>
1
?
. *
89 #
@
:
;<
46
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
%&'# :
&-"';-
+2
3
!
)&2*
) 4*
#--3"
'
#
5
(
0
6
1
2<
'
3#
)
A# 0 82%
0 8
+
2 0 8
5
B
6
2/
>
C D
?
/
@
E #
./
/ #
%
F -0 # %# #0
# %#
47
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
%&'# 5<
#""=;-
(Rs. in Cr.)
+2
3
!
)&2*
) 4*
#--3"
'
#
5
(
0
6
1
$ & 2 /
'
)
& 2
+
4
5
6
C
>
4% 2 %
/
?
. 29
@
C #
/
* #
!
'
" /
)
/
+
4 #
5
/
6
/ #
%
* Year-wise details of these charges may be provided with documentary evidence.
48
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
%&'# 55
>3 )+,*
$(4 (
S.N
Name of scheme / Project
Approved
Outlay
Progressive
upto the
begining of
previous
year
Previous year
Current year
(RE)
Ensuing
Years
(Projection)
Progressive
Capital
expenditure upto
the end of
ensuing year (s)
Approved in MYT/RE
Actual
Approved in
MYT/RE
Actual
Capitalization
Capital Expenditure (CWIP)
Capitalization
Capital Expenditure (CWIP)
Capitalization
Capital Expenditure (CWIP)
Capitalization
Capital Expenditure (CWIP)
Capitalization
Capital Expenditure (CWIP)
Capitalization
Capital Expenditure (CWIP)
'
)
+
5
6
>
?
@
'
)
+
5
6
>
?
@
F
F
F
F< 0 0 # # &
0 #(
49
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
# #
0 ## 0 (
"## #! D # .
! G (
" % & !$.&.
0 % #< *3
! & -0 0 #
% #(
49 4 9 8
<C=*" # 0 4 *1 %
G 0 / # #
#& /
50
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
%&'# 55
>3 ),*
!$(4 (
S.N Year
Originally
proposed
by the Discom
Approved by
the Commission
Revised by
the Discom
Revised approval
by the Commission
in review
Actual
expenditure
1
2
3
4
5
6
7
Note: i ) Information for previous year to be given in columns 1 to 7 co-relating the information given
in current or earlier MYT/Business Plan (if any).
ii) Information for the current year to be given in columns 1 to 5 co-relating the information
given in MYT/Business Plan (if any)
iii) Amount of grants and loans shall be furnished separately funding Agencywise and yearwise.
;-!-")&2!*
Sl.No.
Particulars
Previous year
Current
year
(RE)
Ensuing years
(Projections)
Approved
in MYT
(Actuals)
1
Interest & Finance charges
Capitalised
175.69
2
Other expenses capitalised:
a. Employee expenses
120.24
b. R&M Expenses
0
c. A&G Expenses
6
d. Depreciation
0
e. Others, if any, please specify
0
Grand Total
301.93
0
0
0
51
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
FORMAT -13
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
Fixed Assets
(Rs. in Cr.)
S.N
Particulars
Previous
Year
Current
Year
Ensuing Years
of the control
period
1
2
3
4
1
Gross fixed asset (GFA) at beginning of the year*
2
Less accumulated depreciation
3
Net GFA at beginning of the year
4
Less accumulated grant including consumer
contribution
5
Net fixed asset at beginning of the year
S.N
Particulars
WIP
Fixed
Assets
1
2
3
4
1
As on 31st March of previous year
Add capital expenditure during current year
Total:
Less transferred to fixed assets
2
As on 31st March of current year
Add capital expenditure during ensuing year
Total:
Less transferred to fixed assets
3
As on 31st March of ensuing year*
S.N
Particulars
Amount
1
2
3
1
Accumulated Depreciation
2
As on 31st March of previous year
3
Add: Depreciation for current year
4
As on 31st March of current year
5
Consumers Contribution
6
As on 31st March of previous year
7
Addition during current year
8
As on 31st March of current year
9
Asset created from grants
10
As on 31st March of previous year
11
Addition during current year
12
As on 31st March of current year
*Amount of WIP must be in agreement with the figures shown in format-11 and amount of Fixed Assets must
be in agreement with the figures shown in format-14, otherwise a reconciliation statement must be
accompanied.
Note
(1) Compiled and audited Annual Account should be submitted for the previous year.
(2) The Actual figures / data from April to September and budgeted figures / data
from October to March relating to the year in which the tariff petition is submitted should be
submitted
52
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
FORMAT -14
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
=;"#)=#*
! # % ! & !$. # !
! G )$(4 (*
+2
)2#
=-*
=#
#""=#
"
#"4
=#
"8
"""
=#"
!!
?
!!
?
!!
?
!!
?
'
)
+
5
6
? @
' ) + 5
6
>
? @
# #
#
'
3#
)
A#
0 8
+
C %
0 8
5
#
<
6
#
0 8
>
B
?
#
/
@
C
D
C &
!(
53
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
FORMAT -15
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
@-!
! # % ! & !$. #
!! G
&2!
S.N
Particulars (i.e Assets
Group)
Accumulated
depreciation at the
beginning of the
year
Depreciation
charges during the
year
Accumulated
depreciation adjustment
on account of assets
sold/discarded etc
Accumulated
depreciation at the end
of the year
Consumer Contribution
By grants
Loan
Equity
Total
Consumer Contribution
By grants
Loan
Equity
Total
Consumer Contribution
By grants
Loan
Equity
Total
Consumer Contribution
By grants
Loan
Equity
Total
1
2
3
4
5
6
8
9 10 11
12
13 14
15
16
17 18
19
1
Land and land rights
2
Buildings
3
Hydraulic works
4
Other civil works
5
Plant and Machinery
6
Lines and cable
network
7
Vehicles
8
Furniture and Fixtures
9
Office equipment
10
Others, if any
(pl. specify)
Total
54
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
FORMAT -16
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
-!
)&2!*
Sl.No.
Particulars
Previous
Year
Current
Year
Ensuing
Year (s)
1
Gross fixed assets of the beginning of
the year
2
Additions during the year
3
IDC
4
Adjustment for assets sold/discarded etc
5
Closing GFA
6
Average GFA
7
Weighted Average Rate of Depreciation
8
Gross Depreciation
9
Opening grants
10
Grants during the year
11
Adjustment for assets sold/discarded etc
12
Total Grants
13
Average Grants
14
Weighted Average rate of Depreciation
15
Depreciation for GFA on Grants
16
Net Depreciation of GFA on loans
(8-15)
Note: In the case of assets utilised which have reached the residual value, after
recovery of depreciation in full, details of such assets shall be furnished separately along
with their residual value, so as to enable the Commission to pass on the required benefit
to the consumers through tariff.
55
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
FORMAT -17
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
!-.A> )!.> *
)&2!*
S.N
Particulars
Previous year(Actuals)
Current year(RE)
Ensuing year (s) (Projections)
Loan
Grant
Equity
Loan
Grant
Equity
Loan
Grant
Equity
C 49
'
0%
)
4 E ! ,
494 E
0%
E
+
449!,'-)F
F" 9 0 0 -& 0
#(
Break-up of Construction/ Supply/ Service packages
Particulars
1
2
3
4
5
6
---
1
Name/ No. of Construction / Supply / Service Package (and
Schemes/plan)
2
Scope of works1 (in line with head of cost break-ups as
applicable)
3
Whether awarded through ICB/DCB/ Depatmentally/
Deposit Work
4
No. of bids received
5
Date of Award
6
Actual Date of Start of work
Original Scheduled date of Start of work
7
Actual date of Completion of Work
Original Scheduled date of Completion of work
8
Value of Award2 in (Rs. Lakhs)
9
Firm or With Escalation in prices
10
Actual capital expenditure till the completion or up to COD
whichever is earlier for work capitalized during the period
(Rs.Cr.)
- Taxes & Duties and IEDC (included in above)
- IDC, FC, FERV & Hedging Cost(included in above)
11
Actual capital expenditure till the end of the period(Rs.Cr.)
for Capital work under progress
- Taxes & Duties and IEDC (included in above)
- IDC, FC, FERV & Hedging Cost(included in above)
12
Actual capital expenditure already capitalized in earlier years
(Rs.Cr.)
- Taxes & Duties and IEDC (included in above)
- IDC, FC, FERV & Hedging Cost(included in above)
13
Sub -total (10+11+12)
0
0
0
0
0
0
0
Note: Above statement to be provided separately for each work commissioned during the
period, work under progress and part capitalization done in earlier years.
56
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
FORMAT -18
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
! # % ! & !$.
# ! G
)&2!*
+2
-
%-
&
>
#""
"
&-
"
!
#
'
)
+
5
6
>
?
H & & 0 (
FORMAT -19
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
>&"&%"
S.N Source of
loan
Amount of
original
loan
Old rate
of
interest
Amount
already
restructured
Revised
rate
of interest
Amount now
being
restructured
New rate of
interest
5
(
0
6
1
7
9
57
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
FORMAT -20
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
>"!
)&2!*
+22
+
-
3
)#*
!
)&*
)*
) 4*
5
(
0
6
1$3#
'
1$3#
)
4
+
$.4
5
4 3 8
6
3#
>
?
4
@
C & !
"##1 7%(
'
!,
)
+
5
"## # #G F
6
>
?
#
FF
F -0 # # #0# %# (
--$ % # # & -'
FF< 0 # #
58
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
FORMAT -21
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
>)>!*!-B"
)&2!*
+22
8
4
+
>-B"
#
-3
3
)#*
!
)&*
)*
) 4*
5
(
0
6
1
'
)
+
5
6
FORMAT -22
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
"
)&2!*
S.N
Name of
Lesser
Assets
Leased
on
Lease
Rentals
Primary
Period
ended /
ending by
Secondary
period ending
by
Descriptions
Gross
Amount
1
2
3
4
5
6
7
8
Note: Statement showing Cost benefits analysis of lease must be accompanied.
59
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
FORMAT -23
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
>.A!-
)&2!*
S.N
Particulars
Amount
Previous
Year
Current Year
Ensuing
Year (s)
1
2
3
4
5
1
0 D% / #
%
2
< I+J$2<
/
3
H
!0 & #
# #
(
!: &$C.& #
%
D% 0(
!Amount of security deposits and
advance from consumersor Distribution
System users, if any, held during the year
!%7 % # 1
7%( 0 #
C2< / D% 0
(
4
0 8
5
6
0 8
60
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
FORMAT -24
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
!!&3
)&2!*
S.N
Particulars
Amount
1
2
3
1
Fixed Assets
2
%age appropriation to the contingency reserve
3
Appropriation to the contingency amount
4
Amount invested in securities
5
Drawal from the contingency reserve (Please
specify)
(i)
(ii)
(iii)
Total drawal
FORMAT -25
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
Information Regarding Amount of Equity & Loan
)&2!*
S.N
Particulars
Amount of
equity
Amount of
loan
Ratio of
equity & loan
1
2
3
4
5
1
Amount of total asset
2
Less asset created from grant
3
Less asset created from consumer
contribution
4
Net asset
5
Amount of loan (debt)
6
Amount of equity
7
Debt equity ratio
8
Amount of equity eligible for return
9
Rate of return on equity
10
Amount of return on equity
Note : Any change in equity balance from previous year must be Supported with
documentary evidence.
61
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
Details of Capital Base
(Rs. Crores)
S.N
Particulars
Previous
Year
Current
Year
Ensuing
Year
1
2
3
4
5
1
Gross Capital at beginning of the year
2
Less accumulated depreciation
3
Net capital at beginning of the year
4
Less:Accumulated Grant and Consumer
Contribution(i-ii)
(i) Accumulated Gross Grant and consumer
contribution
(ii) Less: Accumulated Grant and consumer
contribution amortized
5
Net capital at beginning of the year
FORMAT -26
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
>&"#> ; "
)-3*
)&2!*
S.N
Particulars
During previous
financial year
1
2
3
1
Amount of taxable income from the licensed business
i) Amount of Income Tax paid
ii) Challan No. & Date through which Income Tax paid
iii)
Name of Banks in which the amount was deposited
iv)
PAN No. of the depositor
2
Amount of income from other than licensed business
i) Amount of Income Tax paid
ii) Challan No. & Date through which Income Tax paid
iii) Name of Banks in which the amount was deposited
iv) PAN No. of the depositor
Note: A separate sheet is required to be submitted as a part of this format showing
calculation of effective tax rate of the respective financial year
62
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
FORMAT - 7#
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
>
! /
(Rs.in Crores)
+22
+
3
)#*
!
)&*
)*
) 4*
5
(
0
6
1 %
'
: #
)
" #
==.*
+
<(
5
<(
6
9
>
2
#%
?
#
@
0
%
./ %
% 2
8
'
)
"## # F
+
C,"--"-3""
63
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
FORMAT - 7
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
>
! #
(Rs.in Crores)
S.N.
Source of loan
Current year
(RE)
Ensuing year (s)
(Projections)
1
2
4
5
1
Service rent
2
Delayed payment surcharge
3
Amount assessed in cases of
UUE/Theft of energy
4
Misc. receipts
5
Misc. charges
6
Wheeling charges
7
Interest on staff loans & advance
8
Income from trading
9
Income from welfare activities
10
Excess on verification
11
Interest on investments & bank
balances
12
Total Income
13
Add Prior period income *
14
Total Non tariff income
F 0 # # %# #
FORMAT - 9
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
>&"&3%
(Rs.in Crores)
S.N
Particulars
Amount
1
2
3
1
Total Revenue from other business
2
Income from other business to be considered
for licensed business as per regulations
Note: To be supplied for previous year, current year and ensuing year for which
licence for other business was operating
64
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
FORMAT - :
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
#&3&?)#&&*
(Rs.in Crores)
Sl.No.
Particulars
Previous
Year
Current
Year
Ensuing
Years
1.
Power purchase cost
2.
PGCIL & other transmission
charges
3.
State Transmission charges
4.
O&M Expenses
(i) Employee Cost
(ii) R&M expenses
(iii) A&G expenses
5.
Share of Holding Company
expenses
6.
Depreciation
7.
Interest and Finance charges
8.
Interest on working capital
9.
Return on equity
10.
Income Tax
11.
Interest on security deposit
12.
Bad debts (if any)
13.
Contingency reserves (if any)
14.
Total Revenue Requirement
15.
Less: Non-tariff income
16.
Aggregate Revenue Requirement
65
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
66
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
67
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
68
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
69
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
70
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
71
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
72
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
73
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
FORMAT -(5
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
&3=-)*
)#* #; )DDDDDDDDD2*
(Rs.in Crores)
Sl.No.
Particulars
Amount
1.
Aggregate Revenue Requirement (ARR)
2.
Less : Non Tariff Income
3.
Add : Recovery of revenue gap / (Surplus) of past period, if any
4.
Net ARR
5.
Less : Power Purchase Cost disallowed, if any
6.
Less : Revenue from Existing Tariff
7.
Less : Revnue from sale of power to other Agency
8.
Gap (4–5–6)
9.
Total grant from State Govt.
10.
Grant used for compensating disallowed power
11.
Balance resource grant assistance from Stat Govt. (9–10)
12.
Net Gap/(Surplus) at existing tariff (8–11)
(B) At Proposed Tariff for Ensuing Year (FY ……………………….)
!$(4
Sl.No.
Particulars
Amount
1.
Aggregate Revenue Requirement (ARR)
2.
Less : Non Tariff Income
3.
Add : Recovery of revenue gap / (Surplus) of past period, if
any
4.
Net ARR
5.
Less : Power Purchase Cost disallowed, if any
6.
Less : Revenue from Existing Tariff
7.
Less : Revnue from sale of power to other Agency
8.
Gap (4–5–6)
9.
Total grant from State Govt.
10.
Grant used for compensating disallowed power
11.
Balance resource grant assistance from Stat Govt. (9–10)
12.
Net Gap/(Surplus) at existing tariff (8–11)
74
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
FORMAT -(
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
>&"=8+"+=38!=32
)&2!*
S.N
Particulars
Previous Year Current Year
Ensuing Years
1
2
3
4
5
A Amount from State Govt.
(i) Purpose for which grant received
(a)
(b)
(ii) Targeted categories for subsidy
(a)
(b)
B Amount from Central Govt.
(i) Purpose for which grant received
(a)
(b)
Note : The details of commitment of the government and the guidelines for utilisation of
the amount received as grant or subsidy is to be supported by documentary evidence with
separate explanation in the tariff petition.
75
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
FORMAT -((
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
! K((
)#*@, "+
(B) Voltage-wise Commercial Loss
SI.
No.
Voltage
Level
KV
Energy
Sale
(MU)
Technical
Loss (MU)
Sales +
Tech Loss
(MU)
Commercial
Loss
(MU)
Energy Sales +
Tech. Loss +
Commercial Loss
(energy input at
state periphery)
(MU)
1
2
1
220
2
132
3
33
4
11
5
0.4
Total
(C) Voltage-wise Allocation of Power Purchase Cost
SI.
No.
Voltage
Level
KV
Energy
Sale
(MU)
Energy Sales
+ Technical
loss +
Comml. loss
(MU)
Unit cost of
power purchase
approved by
the Commission
(Rs./unit)
Power
Purchase
Cost
(Rs. Crore)
Cost of
Power per
unit sale of
Energy
(Rs./unit)
1
2
3
4
5
6 = (4*5)
7= (6÷3)
1
220
2
132
3
33
4
11
5
0.4
Total
SI.
No.
Voltage Level
(KV)
Technical
Losses (%)
Cumulative
Loss (%)
Energy Sale
(MU)
Energy
input (MU)
Technical
Loss
(MU)
1
2
3
4
5
6
7=(6-5)
1
220
2
132
3
33
4
11
5
0.4
Total
76
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
(D) Total Network Cost
SI.
No.
Particulars
Amount
(Rs. Cr)
1
Employee Cost
2
R&M costs
3
A&G expenses
4
Holding Company
5
Depreciation
6
Interest & Finance Charges
7
Interest on Working Capital
8
RPO fund
9
Return on Equity
10
Less: IDC
11
Total (1 to 7)
12
Transmission cost
13
Total cost
14
Energy Sales (MU)
15
Network Cost per unit sale of energy
(Distribution + Transmission) (Rs./kWh)
(E) Voltage-wise Allocation of Network Cost
SI.No.
Voltage Level
Energy Sale
(MU)
Network Cost
(Rs./Unit)
Total Network
Cost
(Rs. Cr)
1
220
2
132
3
33
4
11
5
0.4
Total
(F) Voltage-wise Cost of Supply
Sl. No.
Supply Voltage
Cost of power
purchase
(Rs./unit)
Network cost
(Rs./unit)
Cost of supply
(Rs./unit)
1
2
3
4
5
1
220/132
2
33
3
11
4
LT
Note : The detailed work-out of energy sales, technical losses, commercial losses and
network cost at different voltage levels should be submitted separately with the tariff
petitions.
77
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
FORMAT -(0
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
+"&
Sl
No.
Category & Consumption
Rates on Existing Tariff
Rates on Proposed Tariff
FC
Rs./kVA or
kw or HP
EC
ps./Unit
FC
Rs./kVA or
kw or HP
EC
ps./Unit
A
Low Tension Supply
1.0
Domestic
1.1
KutirJyoti
K.J.Metered)
1.2
DS-I (Rural)
Metered -
First 50 Units
51 - 100 Units
Above 100 Units
1.3
DS-II
1-100 Units
101-200 U
>200 units
1.4
DS-III
2 .0
Non Domestic
2.1
NDS-I
1-100
101-200
>200
2.2
NDS-II
upto 0.5 kW
Above 0.5 kW
1-100
101-200
>200
3.0
Irrigation & Agriculture
3.1
IAS-I Unmetered
IAS-I Metered
IAS-II
4.0
Low Tension Industrial
4.1
(i) LTIS – I
4.2
(ii) LTIS – II
5.0
Pubic Water Works
6.0
Street Light Services
6.1
SS Unmetered Supply
6.2
SS Metered Supply
B
High Tension Supply
7.1
(i) HTS - I
7.2
(i) HTS – II
7.3
HTS - III
7.4
HTS - IV
7.5
HTSS-
8.0
RTS
4-/ #4
.4-. 4
78
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
FORMAT -(6
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
!-!+"
Sl.
Category of
consumers
At existing tariff rate
At proposed tariff rate
Avg.
Tariff
rate
(Rs./kWh)
Avg. Cost
of Supply
(Rs./kWh)
% of
average
cost
Avg.
Tariff
rate
(Rs./kWh)
Avg. Cost
of Service
(Rs./kWh)
% of
average
cost
1
KutirJyoti
2
DS‐I
3
DS‐II
3a
DS-III
4
NDS ‐ I
5
NDS‐II
6
Irrigation IAS – I
7
Irrigation IAS – II
8
L.T.I.S.‐I
9
L.T.I.S.‐II
10
Public Water work
11
Street light
(Metered)
12
Street light
(Unmetered)
13
H.T.S.‐I
14
H.T.S.‐II
15
H.T.S.‐III
16
H.T.S.‐IV
17
H.T.S.S.
18
R.T.S.
79
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
FORMAT -(1
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
.$%-#!
Sl.
No.
Particulars
Total
Fixed Cost
33kV
Wire cost
11kV
Wire
business
Retail
supply
business
Wire
business
Retail supply
business
1
Employee cost
2
R&M Cost
3
A&G expenses
4
Depreciation
5
Interest and finance
charges
6
Interest on working
capital
7
Return on equity
8
Less: Non-tariff income
9
Total Cost (Rs. Cr.)
10
Energy input (MU)
11
Wheeling charges
(sl. no. 9/10)
12
Cross Subsidy
surcharge category of
consumers
(i) HTS-I
(ii)HTS-II
(iii)HTS-III
(IV)HTS-IV
(V) HTSS
(VI) RTS
13
Reactive energy charge
14
SLDC charges
15
Standby Charges, if any
16
Additional surcharge, if
any
Note : The detailed work-out of costs towards wire business and retail supply
business, wheeling charges, cross subsidy surcharge for each category of consumers, reactive
energy charges, SLDC charges and additional surcharge should be submitted separately with
the tariff petition.
80
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
FORMAT -(7
Tariff Petition for Financial Year ____________
Name of the Distribution Licensee : _______
Investments in Non business related activities
(Rs. Crores)
Sl.
No.
Description of
investment
Balance at
the
beginning of
the year
Further
Investments
during the year
Investments
realised
during the
year
Balance at
the end of
the year
Remarks
*Note:- Information to be provided for Previous Year, Current Year & each year of
Control period
Details of Income from Other Business (Rs. In Crore)
No
Particulars
Previous
year
Current
year (RE)
Ensuing
Years
I
Receipts from other Business
I
Less: Expenses from other business
E
Revenue of other Business
R=I-E
0
0
0
II
Assets of Licensed business utilized in other
business
A
Total assets of other business (including the assets
utilized of the Licensed Business)
C
Allocation of Revenue to Licensed Business
decided by the Commission
X
III
Due to Licensed Business (to be deducted
from ARR)
X*(R*A/C)
#DIV/0!
#DIV/0!
#DIV/0!
Note-In case Gross Receipts exceed expenditure of other business in (I) above (where
Gross receipt is less than expenditure of other business in (I) above no amount shall be
deducted from ARR of Licensee).
Details of Electrical Accidents
Type of Accident
Previous Year
Current year (RE)
No. of Accidents
No. of Accidents
Fatal
Non Fatal
Total
Fatal
Non Fatal
Total
Human
-
-
Other, if any, (please specify)
-
-
Total
-
-
-
-
-
-
81
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
FORMAT -(9
Net Prior Period Expenses / Income(Rs. Crores)
Sl.No.
Particulars
Previous
Year
Current year
(RE)
A
Income relating to previous years:
1
Interest income for prior periods
2
Income Tax prior period
3
Excess Provision for Depreciation
4
Excess Provision for Interest and Fin. Charges
5
Other Excess Provision
6
Others (please specify)
Sub-Total A
-
-
B
Expenditure relating to previous years
1
Employee Cost
2
Depreciation
3
Interest and Finance Charges
4
Admn. Expenses
5
Withdrawal of Revenue Demand
6
Material Related
7
Others (please specify)
Sub-Total B
-
-
Net prior period Credit/(Charges) : A-B
-
-
Note-Year wise details of prior period income may be provided
Extraordinary Items(Rs. Crores)
Sl.No.
Particulars
Previous Year
Current year
(RE)
1
Extraordinary Credits
a
`--
TOTAL CREDITS
-
-
2
Extraordinary Debits
a
`--
TOTAL DEBITS
-
-
82
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
FORMAT -(:
Statement of Equity
Loan Details
Previous
year
Current
year
(RE)
Ensuing years
1
Equity (Opening Balance)
2
Net additions during the year
3
Equity (Closing Balance)
4
Average Equity
5
Base Rate of Return on Equity%
#REF!
#REF!
6
Tax Rate ( Enclose detailed calculation
alongwith supporting documents)%
7
Effective Rate of Return on Equity
8
Retrurn o Equity (Rs. In crore)
9
Equity entitled to incentive
10
Incentive
11
Additional Return
12
Total Return on Equity
0
0
S.No.
Particulars
Previous
year
Current
year
(RE)
Ensuing years
Shareholders’ Funds
1
Equity Share Capital
2
Share Premium utilized for Capital
Expenditure
2
Free Reserves utilized for Capital
Expenditure
Total Equity
83
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
FORMAT -0<
Statement of Reconciliation of Net Actual Loan ( opening ) with Net Normative Loan
( Opening )
(Rs. In Crore)
Particulars
Previous
year
Current
year
(RE)
Ensuing
years
Net Actual Loan as per Books of Accounts as on :
Dometic
Foreign
-
-
Add: Repayment Made till Date
Gross Actual Loan
-
-
Add: Equity considered as normative loan
Gross Normative Loan
-
-
Less : Depreciation Recovered as per ARR till Date
Net Normative Loan
-
-
Statement of Reconciliation of Gross Fixed Assets(GFA) admitted with Gross Fixed
Assets(GFA) of Financial Account(Rs. Crores)
Particulars
Previous Year
Current
Year
(i. e. RE)
Ensuing
years
(Projection
Approved in
MYT/RE
Actual
A Gross Fixed Assets ( as at
begining of the year):
1.GFA as per
(Financial/Statutory Account)
2.Expenditure allowed but not
capitalized in
Financial/Statutory Account
3.Expenditure Capitalized in
Financial/Statutory Account but
not allowed.
4. Admitted GFA(1+2-3)
B
Addition/ adjustment to
Gross Fixed Assets (During
the year):
5.Expenditure capitalized in
Financial/Statutory Account
6.Expenditure allowed but not
capitalized in
Financial/Statutory Account
7.Expenditure Capitalized in
Financial/Statutory Account but
not allowed.
C
Gross Fixed Assets (as at end
of the year) Admitted by the
commission ( 4+5+6-7)
84
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
FORMAT -05
Consumer contributions and grants towards cost of capital assets (Rs. Crores)
Particulars
Previous Year
Current Year
Ensuing Year/
years
Balance at the start of the year
Additions
Balance at the end of the Year
Additions
Balance at the end of the Year
Additions
Balance at the end of the Year
1
Consumer contributions
Towards Cost Of Capital Assets
-
#REF!
#REF!
2
Grant Towards Cost Of Capital
Assets
A
Total (1+2)
-
-
-
-
#REF!
-
#REF!
Amount utilized for Assets forming part of Depreciable GFA
3
Consumer contributions
Towards Cost Of Capital Assets
-
#REF!
#REF!
4
Grant Towards Cost Of Capital
Assets
B
Total (3+4)
-
-
-
-
#REF!
-
#REF!
Amount utilized for Assets forming part of non-Depreciable GFA
5
Consumer contributions
Towards Cost Of Capital Assets
-
#REF!
#REF!
6
Grant Towards Cost Of Capital
Assets
C
Total (5+6)
-
-
-
-
#REF!
-
#REF!
Amount remains un-utilized (A-B-C)
7
Consumer contributions
Towards Cost Of Capital Assets
-
#REF!
#REF!
8
Grant Towards Cost Of Capital
Assets
C
Total (7+8)
-
-
-
-
#REF!
-
#REF!
D
Amount utilized for CWIP out
of "C" above
E
Amount kept in Bank out of
"C" above
85
BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022
Particulars
Previous Year
Current Year
Ensuing Year/
years
Balance at the start of the year
Additions
Balance at the end of the Year
Additions
Balance at the end of the Year
Additions
Balance at the end of the Year
F
Depreciation on assets created
out of grants (Admitted)
G
Depreciation. on assets created
out of grants
(Financial/Statutory Account)
Note: Summassion of D&E must be equal to C, otherwise a reconciliation statement must be
accompanied.
————
PUBLISHED AND PRINTED BY THE SUPERINTENDENT,
BIHAR SECRETARIAT PRESS, PATNA.
Bihar Gazette (Extra) 37—571+10—Egazette
Website: http://egazette.bih.nic.in