REGISTERED NO. PT.-40
EXTRA ORDINARY
PUBLISHED BY AUTHORITY
23 MAGHA 1947 (S)
(NO.PATNA 194) PATNA, THURSDAY, 12TH FEBRUARY 2026
BIHAR ELECTRICITY REGULATORY COMMISSION
———
NOTIFICATION
9th January 2026
Regulations for Deviation Settlement Mechanism and Related Matters
No.-BERC- Case No. 31/2025-01.—In exercise of the powers conferred under Section
181 of the Electricity Act, 2003 (36 of 2003), and all other powers enabling it in this behalf, and
after previous publication, the Bihar Electricity Regulatory Commission hereby makes the
following regulations, namely Bihar Electricity Regulatory Commission (Deviation
Settlement Mechanism and Related Matters) Regulations, 2025.
1.
Short title and commencement.—
(1) These Regulations may be called the Bihar Electricity Regulatory
Commission (Deviation Settlement Mechanism and Related Matters)
Regulations, 2025.
(2) These Regulations shall apply to all Intra-State Entities in Bihar in a manner as
specified in these Regulations.
(3) These Regulations shall come into force with effect from 1St June 2026 unless a
different date is subsequently notified for this purpose by the Commission.
2.
Objective.—These regulations seek to ensure, through a commercial mechanism, that grid
users do not deviate from and adhere to their schedule of drawal and injection of
electricity in the interest of security and stability of the grid.
3.
Definitions and Interpretation.—
(I) In these regulations, unless the context otherwise requires:
(a)
‘Act’ means the Electricity Act, 2003 (36 of 2003);
(b)
‘Actual drawal’ in a time block means the electricity drawn by a buyer,
measured by the interface meters;
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BIHAR GAZETTE (EXTRA) 12TH FEBRUARY 2026
(c)
‘Actual injection’ in a time block means the electricity injected by the seller,
measured by the interface meters;
(d)
Ancillary Services’ means the Ancillary Services as defined in the Ancillary
Services Regulations by CERC.
(e)
‘Ancillary Services Regulations' means the Central Electricity Regulatory
Commission (Ancillary Services) Regulations, 2022 as amended from time
to time and shall include any re-enactment thereof;
(f)
‘Area Clearing Price’ or ‘ACP’ means the price of electricity contract for a
time-block transacted on a Power Exchanges after considering all valid buy
and sale bids in particular area(s) after market-splitting;
(g)
‘Available Capacity' for generating station based on wind or solar or hybrid
of wind- solar resources which are State entities, is the cumulative capacity
rating of wind turbines or solar inverters that are capable of generating
power in a given time block and shall be limited to the quantum of
connectivity granted.
(h)
‘Buyer’ means a person, including a distribution licensee, deemed
distribution licensees or InSTS connected full open access consumer
purchasing electricity through a transaction schedule in accordance with the
Bihar Electricity Grid Code (BEGC)or IEGC.
(i)
Connectivity Regulations’ means the provisions of Grid Code as amended
from time to time and Bihar Electricity Regulatory Commission (Terms and
Conditions of Intra-State Open Access) Regulation, 2018 as amended from
time to time.
(j)
‘Central
Commission’
means
the
Central
Electricity
Regulatory
Commission referred to in sub-section (1) of section 76 of the Act;
(k)
‘Commission' means the Bihar Electricity Regulatory Commission referred
to in sub- section (1) of section 82 of the Act;
(l)
‘Contract rate’ means (i) in respect of a WS seller or a MSW Seller or such
other entity as applicable, whose tariff is determined or adopted or approved
under Section 62 or Section 63 or Section 86(1)(b) of the Act, in Rs/kWh as
determined or adopted or approved by the Commission; or (ii) in respect of a
WS seller or a MSW Seller or such other entity as applicable, whose tariff is
not determined or adopted or approved under Section 62 or Section 63 or
Section 86(1)(b) of the Act, and selling power through power exchange(s),
the price as discovered in the Power Exchanges for the respective
transaction; or (iii) In respect of a WS seller or a MSW seller or such other
entity as applicable , selling power through open access to a third party or in
case of captive consumption of a captive generating plant based on
renewable energy sources the weighted average ACP of the Integrated-Day
Ahead Market segments of all Power Exchanges for the respective time
block; (iv) in case of multiple contracts or transactions including captive
consumption, the weighted average of the contract rates of all such contracts
or transactions, as the case may be;
(m)
‘Day Ahead Market (DAM)’ means a market where physical delivery of
electricity occurs on the next day(T+1) of the date of transaction (T) and is
governed by the Central Electricity Regulatory Commission (Power Market)
Regulations, 2021 (as amended from time to time), the Rules and Bye-Laws
of the Power Exchanges as approved by the Central Commission.
(n)
‘Deviation’ in a time block for a seller of electricity means its total actual
injection minus its total scheduled generation; and for a buyer of electricity
means its total actual drawal minus its total scheduled drawal in that time
block and shall be computed as per Regulation 7 of these regulations;
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BIHAR GAZETTE (EXTRA) 12TH JANUARY 2026
(o)
‘Deviation Rate or Deviation Charge’ shall mean the charges for deviation
for applicable time block as stipulated under the Regulation 9 of these
Regulations.
(p)
‘Deviation and Ancillary Service Pool Account’-Regional means the
Account to be maintained and operated by the concerned Regional Load
Despatch Centre in each region or the National Load Despatch Centre as
specified under CERC(Deviation Settlement Mechanism and Related
Matters) Regulations, 2024 or IEGC as amended from time to time and shall
include any re-enactment thereof;
(q)
‘Full Open Access Consumer’ Shall mean Open Access Consumer
connected to a transmission system or distribution system but not having any
contract demand with the distribution licensee within the state.
(r)
‘General seller’ means a seller in case of a generating station based on other
than wind or solar or hybrid of wind-solar resources;
(s) ‘Grid Code’ means the Bihar Electricity Grid Code as specified by the
Commission under clause (h) of sub-section (1) of Section 86 of the Act.
(s)
‘Indian Electricity Grid Code’ (or ‘IEGC’) ’ means the Grid Code specified
by the Commission under clause (h) of sub-section (1) of Section 79 of the
Act;
(t)
‘Infirm Power’ means electricity injected into the Intra-State Grid prior to
the date of commercial operation of a unit of the generating station in
accordance with the Grid Code/IEGC.
(u)
‘Integrated Day Ahead Market’ means a market where Day Ahead
Contracts are transacted on the power exchanges, including collective
transactions under Day Ahead Market (DAM), Green Day Ahead Market
(Green DAM), and High Price Day Ahead Market (HP-DAM);
(v)
‘Interface meters’ means interface meters as defined under the Central
Electricity Authority (Installation and Operation of Meters) Regulations,
2006, as amended from time to time and/or any re-enactment thereof;
(w)
‘MSW seller’ means a seller in the case of a generating station based on
Municipal Solid Waste and includes Refuse Derived Fuel (RDF) based
MSW generating station;
(x)
‘Normal Rate of Charges for Deviation’ means the charges for deviation (in
paise/kWh) as referred to in Regulation 8 of these regulations;
(y)
‘Open Access Regulations’ means the Bihar Electricity Regulatory
Commission (Terms and Conditions of Intra-State Open Access) Regulation,
2018 as amended from time to time;
(z)
‘Partial Open Access Consumer’ shall mean Open Access Consumer
connected to transmission system and having part of his contract demand
with the distribution licensee within the state;
(aa) ‘Regional Entity’ means a person whose metering and energy accounting are
done at the regional level by the Regional Load Despatch Centre;
(bb) ‘Qualified coordinating Agency (QCA)’ means the agency coordinating on
behalf of Wind/Solar Generators connected to a pooling station. QCA may
be one of the generators or any other mutually agreed agency for the
following purposes:-
•
Coordinate for schedules with periodic revisions on behalf of all the
Wind/Solar Generators connected to the pooling station(s).
•
Responsible for coordination with STU/SLDC for metering, data
collection/ transmission, communication.
•
Undertake commercial settlement on behalf of the generators of such
charges pertaining to generation deviations only including payments to
the Regional/State Deviation Pool Accounts through the SLDC.
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BIHAR GAZETTE (EXTRA) 12TH FEBRUARY 2026
•
Undertake de-pooling of payments received on behalf of the generators
from the State Deviation Pool Account and settling them with the
individual generators.
•
QCA shall be treated as a State Entity and shall be registered with
SLDC.
(cc) ‘Reference Charge Rate’ or ‘RR’ means (i) in respect of a general seller
whose tariff is determined or adopted or approved under Section 62 or
Section 63 or Section 86(1)(b) of the Act , Rs/ kWh energy charge as
determined or adopted or approved by the Appropriate Commission, or (ii)
in respect of a general seller whose tariff is not determined or adopted or
approved under Section 62 or Section 63 or Section 86(1) (b) of the Act,
and selling power through power exchange(s), the price as discovered in the
power exchange for the respective transaction; or (iii) in case of captive
consumption of a captive generating plant based on resources other than
renewable energy sources, the weighted average ACP of the Integrated-Day
Ahead Market segments of all the Power Exchanges for the respective time
block; or (iv) in case of multiple contracts or transactions including captive
consumption, the weighted average of the reference rates of all such
contracts or transactions.
(x)
‘Run-of-River Generating Station’ or ‘RoR generating station’ means a
hydro generating station which does not have upstream pondage;
(y) ‘Scheduled generation’ or ‘Scheduled injection’ for a time block or any
period means the schedule of generation or injection in MW or MWh ex-
bus, including the schedule for Ancillary Services given by the concerned
Load Despatch Centre;
(z)
‘Scheduled drawal’ for a time block or any period means the schedule of
drawal in MW or MWh ex-bus, including the schedule for Ancillary
Services given by the concerned Load Despatch Centre;
(za) ‘Seller’ means a person, including a generating station, supplying electricity
through a transaction scheduled in accordance with the BERC State Grid
Code or IEGC.
(zb) ‘State Load Despatch Centre’ (SLDC) means State Load Despatch Centre
(SLDC) of Bihar.
(zc) ‘State Deviation Pool Account’ means the Account to be maintained and
operated by the State Load Despatch Centre as per Regulation 10 of these
regulations;
(zd)
‘State Entity’ means such person who is in the SLDC control area and
whose metering and energy accounting is done at the state level;
(ze) ‘STU’ means the State Transmission Utility notified by the Government of
Bihar under Section 39(1) of the Act. BSPTCL has been notified as the
STU.
(zf) ‘Time Block’ means the time block as defined in the Grid Code;
(zg) ‘WS seller’ means a seller in case of a generating station based on wind or
solar or hybrid of wind-solar resources and shall include such solar or wind
or hybrid generating station, with or without storage.
II. Save as aforesaid and unless repugnant to the context or the subject-matter otherwise
requires, words and expressions used in these Regulations and not defined, but defined
in the Act, or the Grid Code or any other Regulations of this Commission shall have the
meaning assigned to them respectively in the Act or any other regulation.
4.
Scope.— Deviation Settlement Mechanism under these Regulations shall be applicable
to all grid connected State Entities including distribution licensee(s), deemed
distribution licensee(s) located in the state and open access consumers (partial and full
both) connected to intra-state transmission system.
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BIHAR GAZETTE (EXTRA) 12TH JANUARY 2026
Provided that, these Regulations shall be applicable for RE
based generating stations connected to intra-state transmission system
having exportable capacity of 1 MW or more.”
5. Adherence to Schedule and Deviation.—
a.
For a secure and stable operation of the grid, every grid connected Intra-State
entity shall adhere to its schedule as per the Grid Code and shall not deviate
from its schedule.
b.
Any deviation shall be managed by the State Load Despatch Centre and the
computation, charges and related matters in respect of such deviation shall be
dealt with as per the following provisions of these regulations.
6.
Duties of State Load Despatch Centre and State Entities.—
(1)
These Regulations aim to govern the functioning of various State Entities in a
way that discipline is maintained with regard to the injection and drawal of energy
by such State Entities and the reliability and integrity of the power system is
maintained.
(2)
To meet these objectives, the necessary preconditions and covenants for
participation by the State Entities shall be as under:
(a) The State Entities shall provide details of all contracts, along with the
contract rate, to SLDC that they have entered into for the exchange of
energy.
(b) The State Entities shall operate their equipment and loads in a manner that is
consistent with the provisions of the applicable regulations specified by the
Central Electricity Authority, Indian Electricity Grid Code, 2023 and the
Grid Code, as amended from time to time and shall include any re-
enactment thereof.
(c) The State Entities shall enter into Connection Agreement/Open Access
Agreement with the concerned transmission licensee, which shall specify
physical and operational requirements for reliable operation and gain
physical access and connection to the intra-State transmission system
(InSTS) or enter into Connection Agreement/Open Access Agreement with
concerned Distribution Licensee for use of distribution system, as the case
may be in accordance with the Bihar Electricity Regulatory Commission
(Terms and Conditions of Intra-State Open Access)Regulations, 2018 as
amended from time to time and shall include any re-enactment thereof and
the provisions of the State Grid Code.
(d) The State Transmission Utility (STU) shall make necessary arrangements
for putting up suitable meters along with Automated Meter Reading (AMR)
facility as per the provisions of the metering code under the state grid code,
capable of recording energy flows at 15-minute intervals or any other time
interval as specified by the Commission, at the points of injection and drawal.
The time synchronization of the metering system shall be through the Global
Positioning System with counter check from the State Energy Accounting
Centre, which is the SLDC.
(e) SLDC shall take all decisions regarding the despatch of stations after
evaluating all the possible network parameters, constraints, and congestions
in the transmission network and in the eventuality of any such network
aberration, the instructions by the SLDC relating to despatch and drawal
shall be binding on all State Entities.
(3)
SLDC shall publish all such information as required for all other State Entities to
be aware of the energy exchanges taking place within the pool as well as
exigency conditions, if any with regard to despatch of power.
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BIHAR GAZETTE (EXTRA) 12TH FEBRUARY 2026
7. Computation of Deviation—
a.
Deviation in a time block for general sellers shall be computed as follows:
Deviation-general seller (DGS) (in MWh)=[(Actual injection in MWh)–
(Scheduled generation in MWh)].
Deviation-general seller (DGS) (in %) = 100 x [(Actual injection in MWh)–
(Scheduled generation in MWh)]/[(Scheduled generation in MWh)].
b.
Deviation in a time block for WS sellers shall be computed as follows:
Deviation-WS seller (DWS) (in MWh) = [(Actual Injection in MWh)–
(Scheduled generation in MWh)];
Deviation-WS seller (DWS) (in%) =100x[(Actual Injection in MWh)–
(Scheduled generation in MWh)]/[(Available Capacity];
c.
Deviation in a time block for buyers shall be computed as follows:
Deviation- buyer ((DBUY) (in MWh) = [(Actual drawal in MWh) –
(Scheduled drawal in MWh)].
Deviation- buyer ((DBUY) (in %) = 100 x [(Actual drawal in MWh) –
(Scheduled drawal in MWh)] / [(Scheduled drawal in MWh)].
8.
Normal Rate of Charges for Deviations.—
(1)
The Normal Rate (NR) of charges for deviation for a particular time
block shall be the highest of (A), (B) or (C), where (A), (B) and (C) are as
follows:
A. the weighted average ACP (in Paise /kWh) of the Integrated-Day
Ahead Market segments of all the Power Exchanges;
B. the weighted average ACP (in Paise /kWh) of the Real Time Market
segments of all the Power Exchanges;
C. the sum of:
(a) 1/3 [ Weighted average ACP (in paise/kWh) of the Integrated-
Day Ahead Market segments of all the Power Exchanges];
(b) 1/3 [ Weighted average ACP (in paise/kWh) of the Real-Time
Market segments of all the Power Exchanges]; and
(c) 1/3 [Ancillary Service Charge (in paise/kWh) computed based
on the total quantum of Ancillary Services (SRAS UP and
TRAS UP) deployed and the net charges payable to the
Ancillary Service Providers for all the Regions]:
Provided further that in case of non-availability of ACP for any
time block on a given day, ACP for the corresponding time block of the
last available day shall be considered.
(2)
The normal rate of charges for deviation shall be rounded off to the
nearest two decimal places.
9. Charges for Deviation—
(A) Charges for Deviation, in respect of a general seller (other than an RoR
generating station and a generating station based on municipal solid waste)
shall be as under:
Deviation by way of over injection (Receivable by
the Seller)
Deviation by way of under
injection (Payable by the Seller)
(I) For Deviation up to [10% DGS or 100 MW, whichever is less] and f within fband
[f=System frequency and fband = [49.90Hz ≤ f ≤50.05 Hz]
(i) @ RR when [49.97 Hz ≤ f ≤50.03 Hz]
(iv) @ RR when [49.97 Hz ≤ f ≤50.03 Hz]
(ii) When [50.03 Hz < f ≤50.05 Hz], for every
increase in f by 0.01 Hz, charges for deviation for
such seller shall be reduced by 25% of RR so that
charges for deviation
become 50% of RR when f = 50.05Hz
(v) When [50.03 Hz < f ≤50.05 Hz], for
every increase in f by 0.01 Hz, charges
for deviation for such seller shall be
reduced by 7.5% of RR so that charges
for deviation become 85% of
RR when f = 50.05Hz
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BIHAR GAZETTE (EXTRA) 12TH JANUARY 2026
Deviation by way of over injection (Receivable by
the Seller)
Deviation by way of under
injection (Payable by the Seller)
(iii) When [49.97 Hz > f ≥ 49.90 Hz], for every
decrease in f by 0.01 Hz, charges for deviation for
such seller shall be increased by 2.15% of RR so that
charges for deviation
become 115% of RR when f = 49.90Hz
(vi) When [49.97 Hz > f ≥ 49.90 Hz],
for every decrease in f by 0.01 Hz,
charges for deviation for such seller
shall be increased by 7.15% of RR so
that charges for deviation
becomes 150% of RR when f = 49.90Hz
(II) For Deviation up to [10% DGS or 100 MW, whichever is less] and f outside fband
(i) @ zero when [ 50.05 Hz < f < 50.10 Hz]: Provided
that such seller shall pay @ 10% of RR when [ f ≥
50.10 Hz]
(iii) @ 85 % of RR when [f > 50.05 Hz]
(ii) @ 115 % of RR when [f < 49.90 Hz]
(iv) @ 150 % of RR when [f < 49.90 Hz]
(III) For Deviation beyond [10% DGS or 100 MW, whichever is less] and f within and outside fband
(i) @ zero when (f < 50.10 Hz):
Provided that such seller shall pay @ 10% of RR when
[ f ≥ 50.10 Hz]
(ii) @ RR when [ f ≥ 50.00 Hz];
(iii) @ 150% of RR when [49.90Hz ≤ f <
50.00 Hz]; and
(iv) @ 200% of RR when [f < 49.90 Hz]
(B)
Charges for Deviation, in respect of a general seller being an RoR generating
station, shall be without any linkage to grid frequency, as under:
Deviation by way of over injection
(Receivable by the Seller)
Deviation by way of under injection
(Payable by the Seller)
(i) @ RR for deviation up to [15% DGS or
150 MW, whichever is less];
(ii) @ Zero for deviation beyond [15% DGS
or 150 MW, whichever is less]
(iii) @ RR for deviation up to [15% DGS or
150MW, whichever is less];
(iv) @ 105% of RR for deviation beyond [15%
DGS or 150 MW, whichever is less] and up to
[20% DGS or 200 MW, whichever is less];
(v) @ 110% of RR for deviation beyond [20%
DGS or 200 MW, whichever is less].
(C)
Charges for Deviation, in respect of a general seller being a generating station based
on municipal solid waste, shall be without any linkage to grid frequency, as under:
Deviation by way of over injection
(Receivable by the Seller)
Deviation by way of under injection
(Payable by the Seller)
(i) @ contract rate for deviation up to [20%
DGS];
(ii) @ Zero for deviation beyond [20% DGS];
(iii) @ contract rate for deviation up to [20% DGS];
(iv) @ 110% of contract rate for deviation
beyond [20% DGS ].
(D) Charges for Deviation, in respect of a WS Seller, including such generating stations
aggregated at a pooling station through QCA shall be without any linkage to grid
frequency, as under:
Deviation by way of over injection
(Receivable by the Seller)
Deviation by way of under injection
(Payable by the Seller)
(i) for VLwS (1) @ contract rate;
(ii) for VLwS (2) @ 90% of contract rate
(iii) beyond VLwS (2) @ Zero;
(i) for VLwS (1) @ contract rate;
(ii) for VLwS (2) @ 110% of contract rate;
(iii) beyond VLwS(2) @ 200% of contract rate’
Note-1: Volume Limits for WS Seller (VLwS):
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BIHAR GAZETTE (EXTRA) 12TH FEBRUARY 2026
(i) Volume limits of a WS Seller shall be as under:
WS Seller)
Volume Limit
A generating station based on solar or
a hybrid of wind –solar resources
VLwS (1) = Deviation up to 10% DWS
VLwS (2) = Deviation beyond 10% DWS and up
to 15% DWS
A generating station based on wind resource
VLwS (1) = Deviation up to 15% DWS
VLwS (2) = Deviation beyond 15% DWS and up
to 20% DWS
Note-2: In case of aggregation of WS sellers at a pooling station through QCA.
(a)
the contract rate for the purpose of deviation shall be equal to the weighted
average of the contract rates of all individual WS seller(s) opting for
aggregation at the pooling station;
(b)
Available Capacity shall be equal to the cumulative capacity rating of wind
turbines or solar inverters that are capable of generating power in a given
time block;
(c)
de-pooling of deviation charges for WS seller(s) connected to the pooling
station shall be as per the methodology mutually agreed upon between the
QCA and such individual WS seller(s).
(E) Charges for Deviation, in respect of a Standalone Energy Storage System (ESS),
shall be the same as applicable to a general seller (other than an RoR generating
station and a generating station based on municipal solid waste) as specified in
Clause (A)of this Regulation:
Provided that in the charging mode, deviation by way of over drawal shall be
treated as under injection and deviation by way of under drawal shall be treated as
over injection and the charges for deviation shall be settled accordingly:
Provided further that the charges for deviation including the formula for computation
of Deviation, in respect of charging of a standalone ESS being pumped hydro
storage plant shall be the same as applicable to a WS seller being a generating
station based on solar resources.
(F) Charges for Deviation including the formula for computation of Deviation, in respect
of a WS Seller with ESS connected at the same interconnection point shall be the
same (i) as applicable to a WS seller of respective category during the period solar or
wind or hybrid generating station is injecting power, (ii) as applicable to a
standalone ESS as per sub- clause (E) of this Regulation, when only ESS is injecting
power, and (iii) as applicable to a standalone ESS for drawl by ESS based on drawal
schedule from the grid as per sub-clause (E) of this Regulation.
Note: Each generator and ESS shall be metered with Special Energy Meter
(SEM) so that individual actual injection/drawal can be captured.
(G) Charges for Deviation, in respect of a Buyer, shall be receivable or payable as under:
Deviation by way of under drawal
(Receivable by the Buyer)
Deviation by way of over drawal
(Payable by the Buyer)
(I) For VLB (1) and f within fband
[VLB= Volume limit for Buyer]
i) @ 90% of NR when f =50.00 Hz;
iv) @ NR when f =50.00 Hz;
ii) When 50.00 Hz < f ≤50.05 Hz , for
every increase in f by 0.01 Hz, charges for
deviation for such
buyer shall be
decreased by 8% of NR so that charges
for deviation become 50% of
NR when f = 50.05Hz;
v) When 50.00 < f ≤ 50.05 Hz , for every
increase in f by 0.01 Hz, charges for
deviation for such buyer shall be decreased
by 5% of NR so that charges for deviation
become 75% of
NR when f = 50.05Hz;
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BIHAR GAZETTE (EXTRA) 12TH JANUARY 2026
iii) When [50.00 Hz > f ≥ 49.90 Hz], for
every decrease in f by 0.01 Hz, charges for
deviation for such buyer shall be increased
by 1 % of NR so that charges for deviation
become 100% of NR when f = 49.90Hz;
vi) When [50.00 Hz > f ≥ 49.90 Hz], for
every decrease in f by 0.01 Hz, charges for
deviation for such buyer shall be increased
by 5% of NR so that charges for deviation
become 150% of NR when f = 49.90Hz.
(II) For VLB (1) and f outside fband
(i) @ zero when [ 50.05 Hz < f < 50.10
Hz]: Provided that such buyer shall pay
@ 10% of NR when [ f ≥ 50.10 Hz];
(iii) @ 50% of NR when [ 50.05 Hz < f <
50.10 Hz]:
(iv) @ zero when [f ≥ 50.10 Hz];
(ii) @ NR when [f < 49.90 Hz];
(v) @ 150 % of NR when [f < 49.90 Hz].
(III) For VLB (2) and f within and outside fband
)
@ 80% of NR when f ≤ 50.00 Hz;
(ii) @ 50% NR when [50.00 Hz < f ≤
50.05 Hz];
(iii) @ zero when [50.05 Hz < f < 50.10 Hz]:
Provided that such buyer shall pay@
10% of NR when [ f ≥ 50.10 Hz];
(iv) @ 150% of NR when f < 50.00 Hz;
(v) @ NR when [50.00 Hz ≤ f ≤ 50.05 Hz];
(vi) @ 75% NR when [ 50.05 Hz < f <
50.10
(vii) @ zero when [ f ≥ 50.10 Hz].
(IV) For VLB (3) and f within and outside fband
(i) @ zero when f < 50.10 Hz:
Provided such buyer shall pay @ 10% of NR
when [ f ≥ 50.10 Hz];
(ii) @ 200% of NR when f <50.00 Hz;
(iii) @ NR when [50.00 Hz ≤ f < 50.10 Hz]
(iv)@ 50% of NR when [ f ≥ 50.10 Hz].
Volume Limits for Buyer:
Buyer
Volume Limit
Buyer other than (the
buyer with a schedule less
than 400 MW).
VLB (1) = Deviation up to [10% DBUY or 100 MW,
whichever is less]
VLB (2) = Deviation [ beyond 10% DBUY or 100 MW,
whichever is less] and up to [15% DBUY or 200
MW, whichever is less]
VLB (3) = Deviation beyond [15% DBUY or 200 MW,
whichever is less]
Buyer (with a schedule up
to 400 MW)
VLB (1) = Deviation [20% DBUY or 40 MW, whichever is
less]
VLB (2) = Deviation beyond [20% DBUY or 40 MW,
whichever is less]
(H) Charges for injection of infirm power –
(1) The charges for injection of infirm power shall be zero, except in cases
specified under clauses 9(A) and 9(C) of this Regulation.
(2) In case of thermal generating stations, the infirm power injected into the grid
from the date of first synchronization of the unit up to the successful
completion of the trial run shall be paid @ Normal Rate of Charges for
Deviations for each time block, subject to a ceiling of ₹ 2.86/kWh or as
amended by Central Commission from time to time.
(3) If infirm power is scheduled after a successful trial run as specified in the
Grid Code, the charges for deviation over the scheduled infirm power shall
be as applicable for a general seller or WS seller, as the case may be.
(4) Notwithstanding the provisions of clauses (2) and (3) of this Regulation,
when the system frequency, f > 50.05Hz, the charges for injection of infirm
power or for deviation of scheduled infirm power after the successful trial
run by way of over injection by a general seller or WS seller, as the case may
be, shall be zero.”
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BIHAR GAZETTE (EXTRA) 12TH FEBRUARY 2026
(I)
Drawal of Start-up Power before COD by a generating unit shall be treated as
deviation for the purpose of commercial settlement. The charges for deviation for
drawal of start-up power before the COD of a generating unit or for drawal of
power to run the auxiliaries during the shut-down of a generating station shall be
payable at the reference charge rate or contract rate or in the absence of reference
charge rate or contract rate, the weighted average ACP of the Day Ahead Market
segments of all Power Exchanges for the respective time block, as the case may be.
(J)
Notwithstanding anything contained in Sub-Regulation (A) to (I) of this
Regulation, in case of forced outage or partial outage of a seller, the charges for
deviation shall be @ the reference charge rate for a maximum duration of eight (8)
time blocks or until the revision of its schedule, whichever is earlier.
(K)
For a Seller whose bids are cleared in the HP-DAM, the ‘reference charge rate’ for
deviation by way of ‘under-injection’ for the quantum of power sold through HP-
DAM shall be equal to the weighted average ACP of the HP-DAM Market
segments of all the Power Exchanges for that time block;
10. Accounting of Charges for Deviation Pool Account.—
a. A statement of Charges for deviation levied under these Regulations shall be
prepared by the SLDC on monthly basis by every 3rd day of the next month and
shall be issued to all constituents by 8th day of the month for the previous
month ending at 24:00 hrs of the last day of the month.
b. Separate books of accounts shall be maintained for the principal component and
interest component of charges for deviation by the SLDC.
c. There shall be a State Deviation Pool Account to be maintained and operated by
the State Load Despatch Centre:
Provided that the Commission may by order direct any other entity to operate
and maintain the State Deviation Pool Account.
d.
The State Deviation Pool Account shall receive credit for:
i.
payments on account of charges for deviation referred to in Regulation
9 of these regulations and the late payment surcharge as referred to in
Regulation 10 of these regulations.
ii.
receipt, from Deviation and Anciliary Services Pool Account-Regional,
towards Reactive energy exchange, DSM etc. issued for the State by
ERPC in accordance with IEGC/CERC DSM Regulations.
iii.
such other charges as may be notified by the Commission.
e. The State Deviation Pool Account shall be charged for:
(i)
Any cost of expense or other charges incurred on recovery of Charges for
Deviation.
(ii)
Over dues or penal Interest, if applicable
(iii)
Normal Interest
(iv)
Regional Deviation Pool Account
(v)
Payment to Deviation and Anciliary Service Pool Account-Regional
towards Reactive Energy exchange, DSM etc. issued by ERPC for the State
in accordance with IEGC/CERC DSM Regulations.
(vi)
such other charges as may be notified by the Commission.
f. The Settlement Account for Inter-State Deviation of the State as well as that for
Intra-State Deviation shall be maintained separately by SLDC.
g. The shortfall in funds in the State Deviation Pool Account, if any, at the end of
the monthly settlement period shall be recovered by levy of additional charge
from the State Entities in proportion to Net Deviation Charges payable by
concerned State Entity for the applicable monthly settlement period through
supplementary bills.
Provided that 50% of the surplus amount, if any, available in the State Deviation
Pool Account at the end a Financial Quarter shall be utilized for the purpose of
reimbursement to the State Entity in proportion to their contribution towards
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BIHAR GAZETTE (EXTRA) 12TH JANUARY 2026
monthly additional charge, if any, during the quarter and the balance 50% shall
be utilized for improvements in power system operations, for undertaking such
measures and studies for improvement in reliability, security and safety of grid
operations, undertaking capacity building and training programs related to system
operations and market operations and for such other purposes as may be
specified by Commission with prior approval of the Commission. The SLDC
shall prepare Scheme(s) and shall submit annual plan to the Commission before
utilization of surplus fund. The Commission, if so desire, may invite
proposals/suggestions from various stakeholders for utilization of such surplus
amount in the State Deviation Pool Account.
11. Deviation Accounting.—
(i)
A detailed energy accounting procedure shall be prepared by the SLDC as per
Regulation 9 within Thirty (30) days of notification of these Regulations and
shall be submitted to the Commission for approval.
Provided that, SLDC shall undertake stakeholder consultation by
uploading the draft procedure on SLDC’s website before submission of
procedure to the Commission for approval.
(ii)
Deviation Settlement of Consumers connected to the Intra State Transmission
System and consumers connected to the distribution network shall be in
accordance with the provisions of Open Access Regulations and its amendments
thereof.
(iii)
Schedule of Intra-State generators shall be adjusted for SRAS/TRAS transactions
during the preparation of DSM account of respective generators.
12. Schedule of Payment of charges for deviation.—
a. The payment of charges for deviation shall have a high priority and the concerned
State entity shall pay the due amounts within 10 (ten) days of the issue of
Statement of charges for deviation by the SLDC, failing which late payment
surcharge @ 0.04% shall be payable for each day of delay.
b. If, any State entity, at any time during the previous financial year, fails to make
payment of charges for deviation within the time specified in these regulations, it
shall be required to open a Letter of Credit (LC) equal to 110% of its average
payable monthly liability for deviations in the previous year in favour of the State
Load Despatch Centre within a month from the start of the current financial year.
c. In case of failure to pay into the State Deviation Pool Account within 10 (ten) days
from the date of issue of Statement of charges for deviation, the State Load
Despatch Centre shall be entitled to encash the LC of the concerned State entity to
the extent of the default and the concerned State entity shall recoup the LC amount
within 3 days.
13. Reactive Energy Management and Accounting.—SLDS will be responsible for
managing the Reactive Energy Requirement as per the provisions of IEGC and
procedures thereunder. The settlement of Reactive Energy Pool Account shall be in
accordance with the procedures defined in IEGC/BEGC.
Provided that , till the time the separate Reactive Energy Pool Account for the intra-
state entities are created and operationalized by the SLDC, the amount available in the
State Deviation Pool Account may also be utilized by SLDC for payment to the
Regional Pool account on temporary basis.
14.
Compliance with the Instructions of State Load Despatch Centre.— Notwithstanding
anything specified in these Regulations, the Sellers and the Buyers shall strictly follow
the instructions of the SLDC on injection and drawl in the interest of grid security and
grid discipline.
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BIHAR GAZETTE (EXTRA) 12TH FEBRUARY 2026
15. Responsibility of QCA.—
(i)
The energy accounting shall be undertaken on the basis of the data recorded
by the interface meters .
(ii)
All accounts relating to deviations within pooling sub-station/statewide
aggregation shall be prepared by the respective QCA on weekly basis based
on inputs from the SLDC, and be accessible to the SLDC through an IT-
enabled system and software.
(iii)
The SLDC shall furnish the processed data on a weekly basis to the concerned
QCA in the prescribed format for the preparation of monthly accounts of
energy from the Pooling Sub-Station/Generators.
(iv)
Any discrepancy communicated by the QCA within 15 days shall be corrected
forthwith by the SLDC after verification.
(v)
The SLDC /Distribution licensee as mutually agreed shall prepare the
statement of All accounts relating to deviations within pooling sub-
station/statewide aggregation shall be prepared by the respective QCA on a
accounting of energy in each (15 minutes) time block for the wind and solar
energy generators and the procurers on monthly basis for the purpose of
billing. The billing center of the distribution licensee shall be responsible for
energy accounting, adjustment, raising and settlement of bills with the
procurers as per the procedure laid by the SLDC. But, the SLDC shall be
responsible for sharing the block wise generation data to the Distribution
Licensee.
(vi) A detailed energy accounting procedure shall be prepared by SLDC and
submitted for approval to the Commission after undertaking stakeholder
consultation.
16.
The Commission may, by general or special order, waive the deviation changes for state
entities in case the same has been caused on account of major grid disturbance, causing
outage of inter-state or intra-state transmission corridors, major forced technical outages
beyond control of the entity, Force majeure conditions on case-to-case basis.
17. Power to Relax.—The Commission may by general or special order, for reasons to be
recorded in writing, and after giving an opportunity of hearing to the parties likely to be
affected, may relax any of the provisions of these regulations on its own motion or on an
application made before it by the affected party.
18. Power to Amend.—The Commission, recording the reasons in writing, may, at any time,
vary/ alter/ modify/ amend any of the provisions of these Regulations through an
amendment.
19.
Power to Remove Difficulty.—If any difficulty arises in giving effect to these regulations,
the Commission may on its own motion or on an application filed by any affected party,
issue such practice directions as may be considered necessary in furtherance of the
objective of these regulations.
20. Interpretation.—If a question arises relating to the interpretation of any provision of
these Regulations, the decision of the Commission shall be final.
21. Repeal and Savings.—Save as otherwise provided in these regulations Bihar Electricity
Regulatory Commission(Intra-State Availability Based Tariff and Deviation Settlement
Mechanism) Regulations, 2020 shall stand repealed from the date of commencement of
these Regulations.
By order of the Commission,
Sd/-Illegible,
Secretary.
———
PUBLISHED AND PRINTED BY THE SUPERINTENDENT,
BIHAR SECRETARIAT PRESS, PATNA,
BIHAR GAZETTE (EXTRA) 194—571+10
Website:https://egazette.bihar.gov.in