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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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BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022

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.

14

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.

 .



 –

19

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

22

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

%&'# (

       

     

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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)

)*% --"%-#



 

 

  



 

 

  



  

  

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BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022

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$   







  







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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

       

     

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+2

 

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44

BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022

%&'# 7

       

     

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!   6&   #       # #(

45

BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022

%&'# 9

       

     

- " 3  

+2

 

3 

!



)&2*

 



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5



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46

BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022

%&'# :

       

     

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F -0 #          %# #0 

#    %#  

47

BIHAR GAZETTE (EXTRA), 25TH JANUARY 2022

%&'# 5<

       

     

#"   "=;-

(Rs. in Cr.)

+2

 

3 

!



)&2*

 



) 4 *

#--3"

' 

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5



(

0

6

1



$  & 2 / 









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5

  









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/  









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.   29 

  









@

  











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  /  









+

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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)

 



 























' 



 























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+ 



 























5 



 























6 



 























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F

F















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  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