Draft Punjab State Electricity Regulatory Commission (Electricity Supply Code and Related Matters) (11th Amendment) Regulations, 2022

May 25, 2022 | by TeamLease RegTech Legal Research Team

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Industry Specific ComplianceThe Punjab State Electricity Regulatory Commission (PSERC) on May 25, 2022 has issued the Draft Punjab State Electricity Regulatory Commission (Electricity Supply Code and Related Matters) (11th Amendment) Regulations, 2022 to further amend the Punjab State Electricity Regulatory Commission (Electricity Supply Code and Related Matters) Regulations, 2014.

The following amendments have been made:

• In regulation 4, which Specifies System of Supply and Supply Voltage, in regulation 4.2 which specifies supply voltage the table has been amended.

• In regulation 6, which specifies Procedure for Release of New Connection/ Additional Load/Demand, regulation 6.1 which specifies general terms has been substituted, namely:

6.1General Terms

(1) The distribution licensee shall prominently display on its website and on the notice board in all its offices, the following; namely:-

(a)detailed procedure for grant of new connection, temporary connection, change of consumer category, enhancement of load, reduction of load or change in name, transfer of ownership and shifting of premises etc;

(b)address and telephone numbers of offices where filled-up application forms can be submitted;

(c) address of website for online submission of application form;

(d) complete list of copies of the documents required to be attached with the application;

(e) all applicable charges to be deposited by the applicant.

(2) Application forms for all type of connections as well as modification in existing connection shall be available at all the local offices of the distribution licensee free of cost as well as on its website for free download.

(3) The distribution licensee shall create a web portal and a mobile app for submission of online application forms.

(4) The applicant shall have an option to submit an application form in hard copy form or an electronic means such as online through web portal or mobile app of distribution licensee.

(5) In case hard copy of the application form is submitted, the same shall be scanned and uploaded on the website as soon as it is received and acknowledgement with the registration number for that applicant shall be generated and intimated to the applicant.

(6) In case of online application form through web portal or mobile app of distribution licensee, the acknowledgement with the registration number shall be generated on submission of application.

(7)An application, complete with all the required information and applicable charges, shall be deemed to be received on the date of generation of acknowledgement with registration number. In case of hard copy submission, the acknowledgement with registration number shall be generated within twenty four hours, of receipt of the application, complete with all the required information and charges.

(8) The application tracking mechanism based on the unique registration number shall be provided by the distribution licensee through web- based application or mobile app or through SMS or by any other mode to monitor the status of processing of the application like receipt of application, site inspection, issuance of demand note, external connection, meter installation and electricity flow.

• In regulation 6, which specifies Procedure for Release of New Connection/ Additional Load/Demand, regulation 6.2 which specifies APPLICATION FOR LOAD/DEMAND NOT EXCEEDING 500kW/kVA has been substituted, namely:

6.2 APPLICATION FOR LOAD/DEMAND NOT EXCEEDING 500kW/kVA

6.2.1 The owner or occupier of a premises requiring new connection or additional load/demand upto 50kW/kVA for Domestic, Non- Residential, Industrial, Bulk Supply, AP High Tech/High Density Farming and Compost plants/ solid waste management plants shall submit an application on the prescribed A&A form along with requisite documents, processing fee, Security (consumption), Security (meter) and Service Connection Charges as approved by the Commission. No separate demand notice shall be issued to the applicant/consumer and connection shall be released within time period specified in these regulations from the date of receipt of application complete in all respect.

6.2.2 The owner or occupier of a premises requiring new connection or additional load/demand for a load/demand exceeding 50kW/kVA but not exceeding 500kVA for Domestic, Non-Residential, Industrial, Bulk Supply, AP High Tech/High Density Farming and Compost plants/ solid waste management plants and all other categories of consumers/applicants irrespective of load/demand, shall submit an application on the prescribed A&A form along with requisite documents, processing fee, Security (consumption), Security (meter) as specified in Schedule of General Charges approved by the Commission.

• Regulation 6.7, which specifies Supply of Electricity to Individual Consumers in the Residential Colonies/Multi-Storey Residential Complexes, Commercial complexes/malls, IT parks developed under bye–laws/rules of the State Govt. has been substituted.

• Regulation 6.8, which specifies Acceptance of A&A (Applications and Agreement) Forms & issue of Demand Notice, first para of 6.8.3 has been substituted, namely:

6.8.3 Issue of Demand Notice to applicants/consumers with load/demand exceeding 50 kW/kVA:

In case of applicants/consumers covered under Regulation 6.2.1, no demand notice shall be issued and all charges including Service Connection charges shall be got deposited along with A&A form. The demand notices to the applicants/consumers covered under Regulation 6.2.2, shall be issued by the distribution licensee as per the seniority list of the applicants maintained by the distribution licensee for different categories of consumers as per Regulation 6.8.2. The Demand Notice shall specify:

(a) -----------

(b) -----------

• In regulation 8, which specifies Time limits for release of new connection/additional load/demand, clause (a) and (b) of the regulation 8.1 has been substituted.

• In regulation 12, which specifies Load Surcharge for Unauthorized Load has been substituted, namely:

12.Consequences of exceeding sanctioned/contracted load or contract demand

A consumer shall not exceed his sanctioned/contracted load or contract demand, as applicable, as per the agreement signed between the consumer and the distribution licensee. A consumer exceeding his sanctioned/contracted load or contract demand, as applicable, shall be proceeded against as per Condition 23 of the General Conditions of Tariff.

• Regulation 21.1, which specifies requirements of meter has been substituted, namely:

21.1 Requirement of Meters

No connection shall be given without a meter and such meter shall be the smart pre- payment meter or pre-payment meter. Any exception to the smart meter or prepayment meter shall have to be duly approved by the Commission. The Commission, while doing so, shall record proper justification for allowing the deviation from installation of the smart pre-payment meter or pre- payment meter.

The term meter shall also include, wherever applicable, other metering equipment such as current transformer, voltage transformer with wiring & accessories etc. essentially required for measuring/recording conveyance of electricity and shall hereinafter called “Meter”.

• In regulation 21.3, which specifies TESTING of meters, clause (b) and (C) of 21.3.6 has been substituted, namely:

(b) A consumer may also request the distribution licensee to test the meter, if he doubts its accuracy. The distribution licensee shall undertake such testing either at site or in the laboratory within Fifteen (15) working days on receipt of the request from the consumer. No test fee shall be charged from the consumers at the time of reporting The standard reference meter of better accuracy class than the meter under test shall be used for site testing of consumer meter upto 650 volts. The testing of consumer meter above 650 volts should cover entire metering system including CTs, VTs and may be carried out in the laboratory. The onsite testing may be carried out as per regulations 18(2) of CEA (Installation and Operation of Meters) Regulations, 2006, as amended from time to time. A copy of the test results indicating the accuracy of the meter shall be provided to the consumer immediately.

(c) If after testing, the meter is found to be correct then the consumer shall be charged testing fee in the electricity bill for the immediately succeeding billing cycle. In case the meter is found to be inaccurate/defective/inoperative then no testing fee shall be recovered from the consumer by the distribution licensee.

Provided that in case meter is found to be damaged or burnt due to the reasons attributed to the consumer then the consumer shall bear the cost of the meter along with testing fee through subsequent bills.

• Regulation 30.5A, has been inserted, namely:

30.5A The distribution licensee shall not generate more than two provisional bills for a consumer during one financial year and if the provisional billing continues for more than two billing cycles except under extraordinary situation due to force majeure, the consumer may refuse to pay the dues until bill is raised by the distribution licensee as per actual meter reading.

• Regulation 30.10 which specifies Duplicate Bill has been substituted, namely:

30.10 Duplicate Bill

The Distribution Licensee’s notified offices shall maintain facilities to provide duplicate bills immediately on request from a consumer on payment of requisite fee as specified in Schedule of General Charges. Non-receipt of the bill, however, may not entitle a consumer to delay payment beyond the due date.

Provided that in case of non-receipt of bill, the consumer shall have the option to deposit the bill on self assessment basis before the due date calculated on the basis of the consumption of corresponding month of the previous year. In case, the consumption of the corresponding month of the previous year is not available then average consumption of last six months shall be considered.

Provided further that the excess or deficit payment, as the case may be, shall be adjusted in the subsequent bill(s).

• Regulation 30.12 Change of Occupancy/Vacation of premises has been substituted, namely:

30.12 Change of Occupancy/Vacation of premises

It shall be the responsibility of the owner/occupant of a premises to get a special reading done by the distribution licensee at the time of change of occupancy or on the premises falling vacant. The owner or occupier may request the distribution licensee in writing for a special reading at least 15 days in advance of such a change. The distribution licensee shall arrange a special reading and deliver the final bill, including all arrears till the date of billing, within 7 days of the meter reading. The final bill shall also include payment for the period between the date of special reading and the proposed vacation of the premises on a pro rata basis. On receipt of final payment from the consumer, the distribution licensee shall issue a No-Dues certificate to the consumer within 7 working days from the receipt of final payment.

• Regulation 33, which specifies Termination of Agreement has been substituted, namely:

33.1 In case of continued default in payment of any amount due to the distribution licensee by any consumer for a period of more than six months, the distribution licensee shall terminate the agreement executed with the consumer and dismantle the electric line or works connected with the supply of electricity to the consumer.

Provided that the distribution licensee may retain the electric line or plant in case it is likely to use for other consumers or to retain right of way.

33.2 A consumer may also request the distribution licensee for disconnection of supply and termination of agreement from a future date. On receipt of such a request, the licensee shall arrange a special meter reading and prepare the final bill. The supply shall be disconnected by the distribution licensee immediately after receipt of all outstanding amounts till that date. The balance amount due to any consumption between the final reading and the permanent disconnection, if any, may be adjusted against Security (consumption) and Security (meter) with the licensee. The balance security deposit shall be refunded to the consumer within a period of 7 working days.

33.3 If a refund due is delayed beyond a period of seven working days of termination of the agreement as per regulation 33.1 or 33.2 above, the distribution licensee shall, without prejudice to other rights of the consumer, pay interest on such refund for such period of delay at Bank Rate (as on 1st April of each year) as notified by RBI plus 4%.

• Regulation 25, which specifies Consumer Service & Consumer Grievances Redressal Mechanism has been substituted, namely:

25.1 Call Centre for Consumer Services .-

(1) For providing common services like new connection, disconnection, reconnection, shifting of connection, change in name and particulars, load change, replacement of meter, no supply, the distribution licensee shall establish a centralised 24x7 toll-free call centre with effect from such date as may be specified by the Commission.

(2) While other modes to provide services like paper application, email, mobile, website, etc., may continue, the licensees shall endeavour to provide all services through a common Customer Relation Manager (CRM) System to get a unified view of all the services requested, attended and pending, at the backend for better monitoring and analytics.

(3) The CRM shall have facilities for SMS, email alerts, notifications to consumers and officers for events like receipt of application, completion of service, change in status of application, etc; online status tracking and auto escalation to higher level, if services are not provided within the specified time period.

(4) The distribution licensee shall, in addition to its notified offices and centralized call centre, set up an adequate number of complaint centres for the registration/redressal of the complaints by consumers/applicants.

25.2 Consumer Grievances Redressal Forum

The distribution licensee shall establish Consumer Grievance Redressal Forum (CGRF) under sub-section (5) of section 42 of the Act read with Electricity (Rights of Consumers) Rules, 2020 and PSERC (Forum & Ombudsman) Regulations, 2016, as amended from time to time, at different levels to cater the needs of the sub- division, division, circle, zone, company level. The forum shall be headed by an officer of the licensee of appropriate seniority. The forum shall consist of officers of the licensee and have not more than four members as consumer and prosumer representatives. The Commission shall nominate one independent member who is familiar with the consumer affairs. The forum may be assigned different types of grievances depending on the nature of the grievance and the level at which it can be best resolved.

Any complainant aggrieved by the non-redressal of his/her grievance by the distribution licensee may himself/herself or through his/her authorized representative, approach the Appropriate Forum established by the distribution licensee as per PSERC (Forum and Ombudsman) Regulations, 2016, as amended from time to time, in writing for the redressal of his/her grievance.

In case of non-compliance of the order of the Appropriate Forum within the specified period, the aggrieved person may approach the appropriate authority as per the provisions of PSERC (Forum and Ombudsman) Regulations, 2016, as amended from time to time.

25.3 Redressal of Grievances by Ombudsman

25.3.1 A complainant aggrieved by an order of the Corporate Forum or non-redressal of grievance by the Corporate Forum within the prescribed period shall have the right to submit an appeal to the Ombudsman as per the provisions of PSERC (Forum and

Ombudsman) Regulations, 2016, as amended from time to time. 25.3.2 In case of non-compliance of award/order of the Ombudsman within the specified period, the consumer may approach the Ombudsman as per provisions of PSERC (Forum and Ombudsman) Regulations, 2016, as amended from time to time.]

25.4 Registration of Complaints/Reporting mechanism

25.4.1 Complaints pertaining to failure/interruption of supply listed in para 1 of Annexure-1 shall be registered by the distribution licensee at the complaint centres and/or centralized call centre in the format specified in Annexure-3A The complainant shall be immediately intimated of the complaint number and the date and time of its registration.

25.4.2 All other complaints listed in para 2 to 7 of Annexure-1, shall be registered in the notified offices of the distribution licensee and/or centralized call centre in the Proforma at Annexure-3B. The complainant shall be immediately intimated of the complaint number and date & the time of its registration.

25.4.3All complaints shall be attended to/rectified first by the officer/functionary in charge of the notified office within the time limits specified by the Commission. In case the complainant is not satisfied with the response or there is no response, the complainant shall have the right to approach the Appropriate Forum as specified in the PSERC (Forum and Ombudsman) Regulations, 2016, as amended from time to time.

25.4.4 The Commission may at any time review the adequacy of the complaint centres set up by the distribution licensee and functioning of centralized Call Centre. The Commission may issue such directions to the distribution licensee as deemed necessary in the interest of consumers.

25.4.5The distribution licensee shall every month compile data of complaints registered in format 3A and 3B, in the proforma at Annexure-4 and furnish the same to the Commission along with the half yearly/ annual reports to be submitted as per Regulation

25.5 The distribution licensee shall be required to maintain standards of

performance for supply to all consumers as specified in Annexure-1. The periods specified in these standards are the maximum time permissible for services to be provided to the consumers. It shall, however, be the endeavour of the distribution licensee to provide the best possible services well before the time limits specified in these Regulations.

• Regulation 26, which specifies Payment Of Compensation has been substituted, namely:

26.1 In the event of failure to meet the Standards of Performance specified in Annexure-1, the distribution licensee shall be liable to pay compensation to the affected consumers as specified in Annexure-5.

Provided that the maximum limit of compensation payable in case of violation of any Standard of Performance shall be Rs. 10,000/- except in case of reference no. 1.2(e), (h), (i) and 4 of Annexure-5 where the maximum limit of compensation shall be Rs. 20,000/-. In case affected consumers are more than one, the amount of compensation within this limit shall be shared by all the claimant consumers for each notified office and this amount shall be distributed equally amongst all the claimant consumers who have been awarded the compensation by the competent authority.

26.2 The aggrieved consumer(s) may submit the claim for compensation in the format to the Nodal officer of the Appropriate Forum and as per the procedure specified in PSERC (Forum and Ombudsman) Regulations, 2016, as amended from time to time, within one month from the date of cause of action. The amount shall be paid to the affected consumer(s) by way of adjustment in the electricity bills of the immediately succeeding months upon the award of compensation.

Provided that consumer(s) shall be automatically compensated, as may be specified by the Commission, for those parameters which can be monitored remotely when it can be successfully established that there is a default in performance of the distribution licensee. In such case, the amount shall be paid to affected consumer(s) in the electricity bills of the immediately succeeding billing cycle.

Provided further that an aggrieved consumer(s), not satisfied with the orders of the Appropriate Forum, may approach the Corporate Forum within 2 months from the receipt of the order as per the provisions of PSERC (Forum and Ombudsman) Regulations, 2016, as amended from time to time.

Provided also that the aggrieved consumer(s), not satisfied with the orders of the Corporate Forum, may approach the Ombudsman within 30 days from the receipt of the order of the Forum.

26.3 The compensation payable by the distribution licensee under Regulation 26.1 and attributable to its negligence/inefficiency shall not be allowed as a pass-through expense in the Aggregate Revenue Requirements of the Licensee.

• Annexures of the principle regulations have also been amended.

All stakeholders are invited on the proposed amendment in Supply Code, 2014 under sub-section (3) of section 181 of the Electricity Act, 2003 read with Rule 3 of the Electricity (Procedure for Previous Publication) Rules, 2005. The Comments/ suggestions/objections must reach the undersigned on or before 22.06.2022 in person or by post or through e-mail at [email protected]. The Commission will hold a Public Hearing in this connection on 29.06.2022 in the office of the Commission. Persons / organizations interested in presenting their views in the matter before the Commission are invited to participate. If any member of the public wants to attend the hearing virtually then they may send their full name, contact no. and valid email ID to [email protected] and the link for the same will be provided by the Commission.

[Notification No. PSERC/Secy/Regu]


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