Central Electricity Regulatory Commission (Regulation of Power Supply) (First Amendment) Regulations, 2021

Feb 18, 2021 | by TeamLease RegTech Legal Research Team

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Industry Specific Compliance

The Central Electricity Regulatory Commission (CERC) on February 18, 2021 has issued the Central Electricity Regulatory Commission (Regulation of Power Supply) (First Amendment) Regulations, 2021 to further amend the Central Electricity Regulatory Commission (Regulation of Power Supply) Regulations, 2010. 

The following amendments have been made: 

• Regulation 3, which specifies the scope and applicability, has been substituted, namely: 

“These Regulations shall be applicable to generating station, inter-State transmission system and beneficiary, where there is a specific provision in the Agreement between generating company and beneficiary or between transmission licensee and beneficiary, as the case may be, or in any other Regulations of the Commission, for regulation of power supply in case of non-payment of outstanding dues or non-maintenance of Letter of Credit or any other agreed Payment Security Mechanism.”

• Regulation 5, which specifies the copy of the notice for the implementation of the plan, has been substituted, namely: 

“A copy of the notice under Regulation 4 shall be forwarded by the Regulating Entity to the Regional Load Despatch Centre or State Load Despatch Centre in whose control area the Regulating Entity is situated with a request to prepare implementation plan. Copies of the said notice and request shall be served by the Regulating Entity on other concerned Regional Load Despatch Centres, State Load Despatch Centres, Regional Power Committees and the Defaulting Entity. The said notice and request shall also be posted on the website of the Regulating Entity at least three (3) days in advance of the proposed date of commencement of regulation of power supply.”

• Regulation 11 (1), which specifies the drawal or injection to the revised schedule, has been substituted, namely: 

“During the period of regulation of power supply, the Regulated Entity shall restrict its drawal or injection to the revised schedule given by the Load Despatch Centre and the deviations, if any, from the drawal or injection schedule shall be settled in accordance with provisions of the Central Electricity Regulatory Commission (Deviation Settlement Mechanism and related matters) Regulations, 2014 as amended from time to time.”

• Regulation 11 (A), which specifies the denial of granting short term open access to the beneficiary, has been inserted, namely: 

“Denial of grant of short term open access to a beneficiary, for default in payment of outstanding dues shall be governed in accordance with the provisions of Central Electricity Regulatory Commission (Open Access in Inter-State Transmission) Regulations, 2008, as amended from time to time or any re-enactment thereof.”

• Regulation 14, which specifies the regulation of power supply, has been substituted, namely: 

“During regulation of power supply from a hydro generating station, the generating station may, in order to avoid spillage of water, sell the quantum of power rendered surplus, to any person in accordance with the provisions of Regulation 12 of these regulations. The loss of energy charge, in case of spillage of water, shall be made good from the revenue earned through sale of power rendered surplus due to regulation of power supply, on first charge, and the balance amount shall be adjusted in accordance with Regulation 13 of these regulations.”

[Notification No. L-1/42/2010-CERC]

The Central Electricity Regulatory Commission (CERC) on February 18, 2021 has issued the Central Electricity Regulatory Commission (Regulation of Power Supply) (First Amendment) Regulations, 2021 to further amend the Central Electricity Regulatory Commission (Regulation of Power Supply) Regulations, 2010. 

The following amendments have been made: 

• Regulation 3, which specifies the scope and applicability, has been substituted, namely: 

“These Regulations shall be applicable to generating station, inter-State transmission system and beneficiary, where there is a specific provision in the Agreement between generating company and beneficiary or between transmission licensee and beneficiary, as the case may be, or in any other Regulations of the Commission, for regulation of power supply in case of non-payment of outstanding dues or non-maintenance of Letter of Credit or any other agreed Payment Security Mechanism.”

• Regulation 5, which specifies the copy of the notice for the implementation of the plan, has been substituted, namely: 

“A copy of the notice under Regulation 4 shall be forwarded by the Regulating Entity to the Regional Load Despatch Centre or State Load Despatch Centre in whose control area the Regulating Entity is situated with a request to prepare implementation plan. Copies of the said notice and request shall be served by the Regulating Entity on other concerned Regional Load Despatch Centres, State Load Despatch Centres, Regional Power Committees and the Defaulting Entity. The said notice and request shall also be posted on the website of the Regulating Entity at least three (3) days in advance of the proposed date of commencement of regulation of power supply.”

• Regulation 11 (1), which specifies the drawal or injection to the revised schedule, has been substituted, namely: 

“During the period of regulation of power supply, the Regulated Entity shall restrict its drawal or injection to the revised schedule given by the Load Despatch Centre and the deviations, if any, from the drawal or injection schedule shall be settled in accordance with provisions of the Central Electricity Regulatory Commission (Deviation Settlement Mechanism and related matters) Regulations, 2014 as amended from time to time.”

• Regulation 11 (A), which specifies the denial of granting short term open access to the beneficiary, has been inserted, namely: 

“Denial of grant of short term open access to a beneficiary, for default in payment of outstanding dues shall be governed in accordance with the provisions of Central Electricity Regulatory Commission (Open Access in Inter-State Transmission) Regulations, 2008, as amended from time to time or any re-enactment thereof.”

• Regulation 14, which specifies the regulation of power supply, has been substituted, namely: 

“During regulation of power supply from a hydro generating station, the generating station may, in order to avoid spillage of water, sell the quantum of power rendered surplus, to any person in accordance with the provisions of Regulation 12 of these regulations. The loss of energy charge, in case of spillage of water, shall be made good from the revenue earned through sale of power rendered surplus due to regulation of power supply, on first charge, and the balance amount shall be adjusted in accordance with Regulation 13 of these regulations.”

[Notification No. L-1/42/2010-CERC]

 


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