Karnataka Electricity Regulatory commission (Fee) Regulations, 2024

[26th November 2024]

PREAMBLE

The Karnataka Electricity Regulatory Commission (KERC) had issued (Draft) KERC (Fee) Regulations, 2024, inviting comments/ suggestions/ objections from stakeholders and persons likely to be affected. The Commission also held public hearing on 25.11.2024. After considering the views/ suggestions and objections from the stakeholders and public in the matter, the Commission, in exercise of power conferred on it under Section 86(1)(g) read with Section 181(2) (zp) of the Electricity Act,2003 (Central ActNo.36 of 2003), hereby makes the following Regulations.

Regulation 1. Short title and commencement.

(i)       These Regulations may be called the "Karnataka Electricity Regulatory Commission (Fee) Regulations, 2024".

(ii)      They shall come into force from the date of their publication in the Karnataka Government Gazette.

(iii)     They shall extend to the whole of the State of Karnataka.

Regulation 2. Definitions.

(1)     "Act" means the Electricity Act,2003 (Act of 2003);

(2)     "Commission" means the Karnataka Electricity Regulatory Commission;

(3)     "Licensee" means a person who has been granted a licence under section14 of the Act;

(4)     "Generating Company" means any company or body corporate or association or body of individuals, whether incorporated or not, or artificial judicial person, which owns or operates or maintains a generating station;

(5)     "Trading "means purchase of electricity for resale thereof and the expression "trade" shall be construed accordingly;

In these Regulations, the words and expressions used but not defined in this Regulations shall bear the same meaning as in the Electricity Act, 2003 (the Act, in short) or other Regulations issued by the Commission or any other law for the time being in force.

Regulation 3. Fee.

(i)       (a) Every petition, application, complaint shall be made to the Commission along with payment of stipulated fee specified in these Regulations.

Several persons having similar but separate and distinct interest or cause of action in the matter of controversy or dispute involving common questions of law and facts, may file a common petition but each Petitioner shall pay separate fee as specified in these Regulations.

(b) Every application for grant of licence or exemption of licence undersection 14 of the Act shall be accompanied by such fee as may be prescribed by the State Government under Section 15 read with Section180 (2) (a) of the Act.

Provided that till such time the fee is prescribed by the State Government, the application for grant of licence or exemption of licence shall be accompanied by a processing fee of Rs. 50,000/-.

(ii)      Every Licensee shall pay the Annual Licence fee as specified, in these Regulations, within the time specified in the KERC (Licensing) Regulations,2004. Late payment of fee will attract penal interest as may be decided by the Commission.

(iii)     The fee payable to the Commission, as specified under these Regulations may be paid by means of a Bank draft or Bankers cheque, drawn in favour of the Secretary, Karnataka Electricity Regulatory Commission, payable at Bengaluru.

Provided that, for amounts not exceeding Rs. 5,000/-, the Commission may accept cash payments.

Provided further that, the Fee may be paid through Real Time Gross Settlement (RTGS) or through National Electronic Fund Transfer (NEFT) for amount above Rs. 25,000/- and persons making payment of fee through RTGS/NEFT shall submit the details of remittance as per the Form-I appended to these Regulations.

(iv)    The Commission may, in appropriate cases, by order in writing, waive or reduce the amount of fee payable under these Regulations.

(v)      Where any dispute is settled between the parties to a petition be for commencement of effective hearing or arguments on merits or where any petition is withdrawn by the party /parties before admission of the petition, fifty per cent of the fee shall be ordered to be refunded to the party/ parties by whom the fee is paid.

Regulation 4. Schedule of Fee Payable.

Fee for Application/Petition/Annual Licence Fee etc.

The Fee payable along with the Application/ Petition filed before the Commission, and the Annual Licence Fee payable by the licensee shall be as follows:

Note: (a) The fee at Sl. Nos. 2 (iv), (v) and (vi) above shall be paid by the concerned licensees even in case the Commission initiates Suo-motu proceedings for determination of tariff.

(b)** Monetary claim means in the petition claiming (i)declaratory relief/reliefs, the monetary claim accruing due as on the date of filing the petition as a consequence of declaratory relief/reliefs prayed for; and (ii) monetary claim with interest shall also include the interest accruing due as on the date of filing the petition.

Regulation 5. Power to amend.

The Commission may from time to time add, vary, alter, modify or amend any provision of these regulations after following the necessary procedure.

Regulation 6. Repeal and Savings.

(1)     The Karnataka Electricity Regulatory Commission (Fee) Regulations,2016,as amended from time to time, is hereby repealed.

(2)     Notwithstanding such repeal, anything done or purported to have beendone under the said repealed Regulations shall not affect the previousoperation of such repealed Regulations or anything duly done orsuffered thereunder.

Regulation 7. Power to Remove Difficulties.

If any difficulty arises in giving effect to any of the provisions of these Regulations, the Commission may, by general or special order, pass appropriate orders, not being inconsistent with the provisions of the Act, which appears it to be necessary or expedient for the purpose of removing the difficulties.

Regulation 8. Interpretation.

The decision of the Commission regarding the interpretation of these Regulations shall be final and binding.