PUNJAB STATE ELECTRICITY REGULATORY COMMISSION (ELECTRICITY SUPPLY CODE AND RELATED MATTERS) (11TH AMENDMENT) REGULATIONS, 2022

PREAMBLE

In exercise of the powers conferred under Section 181 read with Sections 43, 44, 45, 46, 47, 48, 50, 55, 56, 57, 58, 59, 126, 127, 135, 152, 154 & 163 of the Electricity Act, 2003 (Central Act 36 of 2003) read with Electricity (Amendment) Act, 2007 (No. 26 of 2007) and all other powers enabling it in this behalf, the Punjab State Electricity Regulatory Commission hereby makes following regulations to further amend the Punjab State Electricity Regulatory Commission (Electricity Supply Code and Related Matters) Regulations, 2014 including the first to tenth amendments thereof (hereinafter referred to as "the Principal Regulations"):

Regulation - 1. Short Title, Commencement and Interpretation.

1.1   These Regulations may be called the Punjab State Electricity Regulatory Commission (Electricity Supply Code and Related Matters) (11th Amendment) Regulations, 2022.

1.2   These Regulations shall be applicable to all licensees (including entities exempted under Section 13 of the Act) in their respective licensed/supply areas and all consumers/persons in the State of Punjab.

1.3   These Regulations shall come into force from the date of their publication in the official gazette of the State.

Regulation - 2. Amendment of Regulation 2 of the Principal Regulations.

(i)       The new clauses (aa), (ab), (ca), 2(oa), (rb), (zla), (ztb), (zva), (zwa),(zyaa), (zzba), (zzbb) & (zzbc) to Regulation 2 of the Principal Regulations shall be added as under;

(aa) 'Advanced Metering Infrastructure' is an integrated system of smart meters, communication networks and data management systems that enables two way communication between the utilities and energy meters, and the functional blocks of Advanced Metering Infrastructure typically include Head end system, Wide area network, Neighborhood area network, Data concentrator unit and Home area network;

(ab) 'Advanced Metering Infrastructure Service Provider' is a person appointed by the distribution licensee, for owning, operating, and maintaining Advanced Metering Infrastructure or a part of the Advanced Metering Infrastructure, till its transfer to the licensee;

(ca) "Application" means an application form complete in all respects in the appropriate format, as specified by the Commission, along with documents and other compliances;

(oa) 'Consumer Meter' means a meter used for accounting and billing of electricity supplied to or from the consumer but excluding those consumers covered under Interface Meters;

(rb) "Disconnection" means the physical separation or remote disconnection of a consumer from the distribution system of the distribution licensee;

(zla) "Interface Meter" means a meter used for accounting and billing of electricity, connected at the point of interconnection between electrical systems of generating company, licensee and consumers, directly connected to the Inter-State Transmission System or Intra-State Transmission System or Distribution System and who have been permitted open access by the Appropriate Commission;";

(ztb) "Point of supply" means the point, as may be specified by the State Commission, at which a consumer is supplied electricity;

(zva) "Prosumer" means a person who consumes electricity from the grid and can also inject electricity into the grid for distribution licensee, using same point of supply;

(zwa) "Sanctioned Load or Contracted load" means the load in kW (kilo Watt) or BHP which the Licensee has agreed to supply to a consumer from time to time as per the applicable terms and conditions indicated in the agreement signed between the licensee and the consumer The BHP shall be converted to kW by multiplying it by 0.746;

(zyaa) 'Smart Meter' means a meter as specified in IS 16444 and as amended from time to time;

(zzba) 'Supply Voltage Interruption' is a condition in which the voltage at the supply terminals is lower than 5% of the nominal voltage condition. It can be classified as:

(a)      Planned or Pre-arranged Supply Interruptions means a supply interruption when network users are informed in advance;

(b)      Forced or Accidental Supply Interruptions, caused by permanent or transient faults, mostly related to external events, equipment failures or interference.

An Accidental or forced supply interruption is classified as:

(1)     Sustained or long interruption means supply interruption is longer than 3 min;

(2)     Short interruption means supply interruption is upto & including 3 min.;

(3)     For poly-phase systems, a supply interruption occurs when the voltage falls below 5% of the nominal voltage on all phases (otherwise, it is considered to be a dip).

(zzbb) 'System Average Interruption Duration Index' (SAIDI) means the average duration of sustained interruptions per consumer occurring during the reporting period, determined by dividing the sum of all sustained consumer interruptions durations, in minutes, by the total number of consumers;

(zzbc) 'System Average Interruption Frequency Index' (SAIFI) means the average frequency of sustained interruptions per consumer occurring during the reporting period, determined by dividing the total number of all sustained consumer interruption by the total number of consumers;

(ii)      The clause (i) & (zo) to regulation 2 of the Principal Regulations shall be substituted as under;

(i)       "Billing Cycle or Billing period" means the period for which regular electricity bills as specified by the Commission, are issued for different categories of consumers by the distribution licensee;

(zo) "Meter" means a device suitable for measuring, indicating and recording the conveyance of electricity or any other quantity related with electrical system and shall include, wherever applicable, other equipment such as Instrument Transformer i.e. 'Current Transformer' (CT) or 'Current Transformer' (CT) and 'Capacitor Voltage Transformer' (CVT) or 'Current Transformer' (CT) and 'Inductive Voltage Transformer' (IVT), necessary for the purpose of measurement;"

Regulation - 3. Amendment of Regulation 4.2 of the Principal Regulations.

The table under Regulation 4.2 regarding the Supply Voltage for different loads/contract demand shall be substituted as under;

Regulation - 4.Regulation 4.2 A shall be added to the Principal Regulations after sub-regulation 4.2.2 as under:

4.2 A Supply Voltage for connectivity at single point under Regulation 6.6:

The Supply Voltage for the purpose of release of connectivity at Single Point to colonies/complexes covered under Regulation 6.6 on the basis of loading norms specified in Regulation 6.7 shall be as under:

Regulation - 5. Amendment of Regulation 6 of the Principal Regulations.

PROCEDURE FOR RELEASE OF NEW CONNECTION/ADDITIONAL LOAD/DEMAND

(i)       Regulation 6.1 of the Principal Regulations shall be substituted as under:

6.1     General 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.

(ii)      Regulation 6.2 of the Principal Regulations shall be substituted as under:

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 having total load/demand including additional load/demand, if any, not exceeding 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 such 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 having total load/demand including additional load/demand, if any, 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 for load/demand not exceeding 500kVA, 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.

(iii)     Regulation 6.4.1 of the Principal Regulations shall be deleted.

(iv)    Amendment of Regulation 6.4.3 of the Principal Regulations:

Following provisos shall be added to clause (b) of Regulation 6.4.3:

Provided further that in case the supply is to be provided through a prepayment meter, in the absence of proof of ownership or occupancy mentioned above, any other address proof (where connection is to be released through a pre-payment meter) shall be accepted for release of connection.

Provided also that the release of electric connection to any premises by the distribution licensee in accordance with these regulations shall not be construed as a proof of legal rights of the consumer on the said premises.

(v)      Amendment of Regulation 6.7 of the Principal Regulations-Regulation 6.7 of the principal Regulations shall be substituted as under:

6.7   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.

In the event of Residential Colonies/Multi-Storey Residential Complexes, commercial complexes/malls, IT parks (hereinafter referred as colonies/complexes) developed by developers/builders/societies/owners/associations of residents/occupiers (hereinafter referred as promoters) under bye-laws/rules of the State Govt. not covered under Regulation 6.6 above, the promoter(s) shall provide complete Local Distribution (LD) system in the colony/complex as per the electric layout plan approved by the distribution licensee and shall also borne all expenses for providing electrical connectivity to such colony/complex by the distribution licensee as specified in this regulation. The promoter includes any agency whether Govt./Local body or private that develops the colony/complex. The residents/occupiers of such colonies/complexes shall obtain individual connections directly from the distribution licensee and the release of such connections shall be governed by the following terms and conditions:-

6.7.1 a) For obtaining the NOC from the licensee, the promoter shall submit the complete lay out plan of the electrical network i.e. Local Distribution (LD) system proposed to be erected in the colony/complex and other documents prescribed by the licensee along with the processing fee as per Schedule of General Charges within 45 days of the issue of licence. In case the promoter withdraw his request or fails to comply with the conditions within stipulated time, the processing fee shall be forfeited. In case of the failure of the promoter to approach distribution licensee for obtaining NOC within stipulated time, the matter shall be taken up by the distribution licensee with the licensing authority for taking action as per law and conditions of licence.

b) For planning the L.D system of such colonies/complexes, the distribution licensee shall follow the following norms for assessment of estimated connected load of such colonies/complexes:

Note:

(1)     Forty percentages (40%) of the total residential load of plots/flats fifty percentages (50%) of the total commercial load of commercial complexes/Malls and seventy percentages (70%) of the total load of IT park as calculated above shall be taken as colony load. The load shall be converted in k VA by using a power factor of 0.90.

The above norms shall be applicable for calculating estimated load of the colony/complex where NOC is issued by the licensee on or after the date of notification of (Electricity Supply Code and Related Matters) (11th Amendment) Regulations, 2022 in the Government Gazette.

6.7.2 The distribution licensee shall work out the estimated load of the colony/complex as per the norms specified in clause (b) of regulation 6.7.1 above and approve the electrical layout plan of Local Distribution (LD) system in accordance with the construction practices of the distribution licensee. The distribution licensee, while approving the electrical layout plan, shall design the LD system in such a way as to ensure optimum utililisation of electrical network. The transformation capacity should commensurate with the estimated load of the colony/complex. The estimated cost of the LD system shall be worked out by the distribution licensee. The expenditure of L.D system including service cable up to the metering point of each consumer and the 11 kV system in the colony/complex shall include cost of the material, labour plus 16% establishment charges there on.

The distribution licensee shall also plan and approve the 11 kV distribution system for providing connectivity and to feed the estimated load of the colony/complex from its distribution network. Accordingly, the distribution licensee shall work out the connectivity charges which shall include expenditure incurred by the distribution licensee to provide 11 kV connectivity to the colony/complex and the System Loading Charges, as specified in this regulation. The expenditure for providing 11 kV connectivity shall include cost likely to be incurred by the distribution licensee for providing the individual 11kV service line(s) to the colony/complex (cable or conductor from pole/tower of feeder/distribution main to the colony premises/metering point) and proportionate cost of common portion of the distribution main including breaker from nearest feeding grid sub-station having power transformer of 33-66/11kV or 132-220/11kV, as the case may be, which is feeding the 11kV line(s) connected to the colony/complex, as per the Standard Cost Data approved by the Commission. In case the existing 11kV distribution main is required to be augmented/extended/bifurcated or a new 11kV line/plant is to be erected to allow connectivity to any colony then such work shall be carried out by the distribution licensee at its own cost provided the promoter pays the full cost of service line and proportionate cost of the common portion of the augmented/extended/bifurcated/new distribution main including breaker as per the Standard Cost Data approved by the Commission.

In addition, the promoter shall also be liable to pay the System Loading Charges for the total estimated load of the colony/complex as per the Cost data approved by the Commission. It shall be the responsibility of the distribution licensee to create necessary capacity at the grid sub-station at its cost to cater the load of the colony/complex including the erection or augmentation of grid sub-station or the transmission network, as may be required by the licensee. After the connectivity charges including system loading charges are deposited by the promoter with the distribution licensee, the promoter shall not be liable to erect grid substation or provide land to the licensee for erection of grid sub-station.

The connectivity charges as per this regulation shall be recoverable from the developers who deposit the connectivity charges with the distribution licensee on or after the date of publication of these regulations in Punjab Government Gazette.

Provided that in case the cost of grid sub-station and/or HT/EHT line including bay/breaker or the connectivity charges including System Loading Charges have been deposited by an authority under the State Act viz. PUDA/GMADA/GLADA etc., with the distribution licensee, the connectivity charges including System Loading Charges for the same shall not be recovered from the developer of such colony/complex.

6.7.3 The promoter shall furnish a Bank Guarantee (BG valid for the period of NOC) from any bank registered and regulated by RBI equivalent to 35% of the estimated cost of the LD system of the colony along with connectivity charges as per regulation 6.7.2 before the approval of the electrical layout plan and issue of NOC by the distribution licensee. The NOC shall be issued by the licensee within 45 days of the receipt of proposal complete in all respects along with requisite documents and the BG to the satisfaction of the licensee. The BG as per this regulation shall be recoverable from the promoters to whom the NOC or revised NOC is issued by the distribution licensee on or after the date of publication of these regulations in Punjab Government Gazette. The distribution licensee shall ensure that conditions of NOC and time lines for construction of LD system are implemented by the promoter failing which punitive action shall be taken by the licensee. The NOC shall clearly spell out the events of default on the part of developer which may result in encashment of BG by the distribution licensee.

6.7.4 The temporary connection to the colony/complex shall be released in the name of promoter only after the issue of NOC by the distribution licensee for carrying out development works and for other temporary needs as permitted by the distribution licensee. The temporary connection for the colony/complex shall only be released through a smart meter with pre-payment features. The competent officer of the distribution licensee shall verify the test report to ensure that no load, which is not authorized, is connected by the promoter. It shall be the responsibility of the load sanctioning authority to ensure that the temporary connection is not misused by the promoter. In case the promoter is found to be misusing the temporary supply, the distribution licensee without prejudice to its right to initiate action under section 126 of the Act read with regulation 36 of these regulations, shall be authorized to take other punitive action as may be provided in the NOC. The other terms and conditions for regulating temporary supply shall be as specified in regulation 8.3 of these regulations.

6.7.5 The promoter may deposit the estimated cost of Local Distribution (LD) system of the colony as per approved layout sketch along with connectivity charges as specified in regulation 6.7.2 and get it executed from the distribution licensee. The BG accepted by the distribution licensee as specified in Regulation 6.7.3 shall be returned after the promoter deposit all the requisite charges. The phase wise development of LD system may be carried out by the licensee as per requirement but any cost escalation over a period of time shall be borne by the licensee. The distribution licensee shall be responsible to release individual connections within the time frame specified in Reg. 8.

6.7.6 (a) The promoter shall have the option to execute the works of internal LD system of the colony/complex of its own in accordance with the electric layout plan/sketch approved by the distribution licensee after submission of necessary documents, BG etc as specified in Regulation 6.7.2 subject to payment of 15% supervision charges on the labour cost to the licensee.

Provided that the distribution transformers and other material to be used for the internal LD System of the colony shall be as per the specifications approved by the licensee and shall be procured from the vendors approved by the licensee. The Distribution Transformers (DTs) may be procured by the developer from the distribution licensee. However, the developer shall be at liberty to procure the DTs from the approved vendors of the distribution licensee after getting the same inspected from the distribution licensee at manufacturer's site. A 21 days' notice shall be served on the distribution licensee by the developer to inspect the DTs. In case DTs are not inspected within 21 days from the date of receipt of notice by the distribution licensee from the developer, it shall be deemed to have been inspected and approved by the distribution licensee.

(b) After completion of the LD system of the colony/complex and inspection/clearance by the Chief Electrical Inspector to Govt. of Punjab, the distribution licensee will take over the L.D system which will be connected to its distribution system after deposit of connectivity charges by the promoter as specified in Regulation 6.7.2. The BG accepted by the distribution licensee as per regulation 6.7.2 shall be returned to the promoter. The distribution licensee shall thereafter maintain the L.D system at its own cost. It shall be the responsibility of the licensee to release connections to the residents/occupiers of the colony/complex according to the time frame specified in Reg. 8.

Provided that the phase wise development of LD system may be carried out by the promoter as per requirement. In case the promoter requests for energisation of incomplete/partial LD system, the same shall be allowed provided the promoter furnish a Bank Guarantee (BG valid for 3 years) from any bank registered & regulated by RBI equivalent to the estimated cost of balance works as per the cost of material and labour prevailing at the time of allowing connectivity for the partial load plus expected % age increase in the cost of material & labour in the next 3 years as may be approved by the Commission on the basis of increase in the cost during the preceding 3 years. This BG may be extended for each block of 3 years by increasing the base value with expected % age increase in the cost of material & labour as may be approved by the Commission. The amount of Bank Guarantee shall keep on reducing with the completion of remaining works of the L.D system. After submission of Bank Guarantee to the satisfaction of the licensee, the BG accepted at the time of issue of NoC shall be returned to the developer.

6.7.7 The developer shall also be responsible to lay service cables up to the metering point of individual occupier's premises/common service connection points at its cost. In case meter is installed outside the consumer's premises, the service cable from the meter up to the main switch of the consumer shall also be provided at its own cost by the developer. Each resident/occupier of these colonies/complexes shall submit A&A form for supply of electricity to the distribution licensee in accordance with Regulation 6 of Supply Code, 2014. The applicant shall have the right to seek connection for load/demand as per his/her requirements irrespective of the norms fixed in regulation 6.7.1(b). The distribution licensee shall not recover any Service Connection Charges from individual consumers. However, the applicant shall deposit Security (consumption) and Security (meter) as per Schedule of General Charges. The distribution licensee shall release the connections within time limits prescribed in regulation 6.8 & 8.

6.7.8 A promoter shall obtain separate connection for common services under relevant category. Such connections shall be transferred to RWA or the local authority after the promoter hands over the colony/complex to such RWA/local authority.

(vi)    Amendment of Regulation 6.8 of the Principal Regulations

6.8   Acceptance of A&A (Application and Agreement) Form and Issue of Demand Notice;

The first sentence and heading of Regulation 6.8.3 shall be substituted as under:

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 i.e. with load/demand not exceeding 50 kW/kVA, no demand notice shall be issued and all charges including Service Connection charges shall be got deposited along with A&A form. The connection shall be released on the basis of seniority in order of receipt of application complete in all respects by the licensee. The demand notices to the applicants/consumers not covered under Regulation 6.2.1 i.e. with load/demand exceeding 50 kW/kVA, 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) -----------

Regulation - 6. Amendment of Regulation 8 of the principal Regulations.

Time limits for release of new connection/additional load/demand;

The clause (a) and (b) of Regulation 8.1 of the Principal Regulations shall be substituted as under;

8.1   The distribution licensee shall provide supply of electricity to the premises pursuant to the application submitted under Regulation 6 within time limits mentioned hereunder:

(a)      Where no augmentation, erection and extension of distribution main, erection/augmentation of distribution transformer or power transformer is required for effecting such supply, the supply shall be provided within Seven (7) working days for DS/NRS category consumers and Fifteen (15) working days for other than DS/NRS consumers from the date of submission of application complete in all respects in case of consumers covered under regulation 6.2.1 and from the date of compliance of the Demand Notice in case of consumers not covered under regulation 6.2.1.

(b)      In cases where augmentation/extension of a distribution main or augmentation of power transformer or erection/augmentation of distribution transformer is required but there is no requirement of erecting and commissioning a new HT/EHT line or grid sub-station or power transformer, the supply shall be provided within the period specified hereunder;

Type of service connection requested Period from date of application in cases covered under 6.2.1 and from the compliance of Demand Notice for cases covered under 6.2.2 within which the distribution licensee shall provide supply

Provided that the distribution licensee may, at the earliest but not later than fifteen days before the expiry of the time schedule, seek approval of the Commission, for extension of period specified above, in cases where the magnitude of work involved for extension/augmentation of the supply system is such that the distribution licensee may reasonably require more time.

Regulation - 7. Amendment of Regulation 12 of the Principal Regulations.

Regulation 12 of the Principal Regulations shall be substituted as under:

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

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

Regulation - 8. Amendments in Regulation 16.3 of the Principal Regulations.

The Regulation 16.3 of the Principal Regulations shall be substituted as under:

16.3 The distribution licensee shall not be entitled to demand Security (consumption) from any applicant/consumer in case electricity is supplied through a pre-payment meter.

Provided that in the case a pre-payment meter is installed at the premises of an existing consumer, the distribution licensee shall refund the Security (consumption) including interest charges of such consumer by adjustment against any outstanding dues and balance amount, if any, shall be refunded through cheque to the consumer.

Regulation - 9. Amendment of Regulation 21 of the Principal Regulations.

USE, ETC. of METERS:

(i)       Regulation 21.1 of the Principal Regulations shall be substituted as under;

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 prepayment meter. All meters shall conform to CEA(Installation and operation of Meters) Regulations 2006, as amended from time to time. 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".

Provided that the existing meters, other than smart meters, shall be replaced with smart meters with prepayment facility with effect from date as may be notified separately by the Commission.

(ii)      Regulation 21.2.1 of the Principal Regulations shall be substituted as under;

21.2.1 The Consumer meter shall generally be owned by the licensee and the consumer shall pay the monthly rental for such equipment at rates specified in the Schedule of General Charges approved by the Commission.

Provided that in case the licensee has engaged the services of Advanced Metering Infrastructure Service Provider to provide Advanced Metering Infrastructure services for an Advanced Metering Infrastructure project area, the ownership of meters shall remain with Advanced Metering Infrastructure Service Provider during the contract period.

(iii)     Regulation 21.2.3 of the Principal Regulations shall be amended as under:

21.2.3 The words "real time display unit" shall be substituted by words "at home display unit".

(iv)    Regulation 21.2.4 of the Principal Regulations shall be amended as under;

(a)      The first sentence shall be substituted as under;

In case a meter is installed outside the premises of a consumer, the service cable from the outgoing terminals of the meter to Miniature Circuit Breaker/main switch installed at the consumer premises shall be provided and maintained by the distribution licensee at its own cost.

(b)      In the second sentence, the words "real time display unit" shall be substituted by words "at home display unit"

(c)      The third & fourth proviso shall be substituted as under:

Provided also that the location of meter and height of meter display from floor shall be as specified in IS 15707, as amended from time to time.

Provided also that for outdoor installations, the meters shall be protected by appropriate enclosure of level of protection as specified in IS 15707, as amended from time to time.

(v)      The sub-regulation 21.2.7 shall be substituted as under;

21.2.7 The distribution licensee before introducing any new technology in metering or changing specifications which may affect the billing of the consumers, shall inform the consumers through public notice in at least three leading Newspapers of the State indicating salient features of the new meter and necessary guidelines for its usage.

Provided that the meter including any metering equipment conforms to the provisions of CEA Metering Regulations.

In case of pre-payment meters, it shall be ensured by the licensee that:

(i)       there is arrangement for recharge of the credit in the meter by the consumer online and offline within area of his supply.

(ii)      the meter shall set off alarm when the balance amount in the meter account has reached the threshold amount defined by the consumer.

(iii)     the electricity supply shall be automatically cut-off once the credit gets exhausted in the meter and there shall be no requirement of 15 days notice. This shall not be treated as disconnection and the supply shall be resumed automatically on recharging. No reconnection fee shall be recovered.

(iv)    In case of offline recharge for pre-payment meter, the coupon shall have validity of three months after which the same shall be required to be revalidated.

(v)      adequate number of vending machines for facilitating recharge of coupons in addition to the facility of online recharge shall be provided.

(vi)    there is vending system interoperability so that consumer shall not have any problem in getting recharge coupon from anywhere through any mode as per the availability of the service. It shall be possible to recharge coupon for different make of meters from any vending station.

Provided that in case of pre-paid meter, a rebate of 1% shall be allowed on the energy charges.

(vi)    Amendment of Regulation 21.3 of the Principal Regulations: Testing of Meters:

(i)       The clause (b) and (c) of the Sub-Regulation 21.3.6 shall be substituted as under:

(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. The testing of meters shall be carried out as per 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.

(ii)      Clause (f) to Sub-Regulation 21.3.6 of the principal Regulations shall be added as under:

If a consumer disputes the results of testing, the meter shall be tested at a third party testing facility selected by the consumer from the list of third party testing agencies approved by the Commission. If it is successfully established that the results of this test are contrary to the results of the test performed by the distribution licensee, then the cost of undertaking such test shall be borne by the distribution licensee. However, in case it is established that the results of this test are same as the results of the test performed by the distribution licensee as per clause (e) above, then the cost of undertaking such test shall be borne by the Consumer. The meter test results and the meter data shall be issued to the consumer after such test has been completed and the said results are final and binding on both the consumer and the distribution licensee.

Regulation - 10. Amendment of Regulation 25 of the Principal Regulations.

Regulation 25 of the Principal Regulations shall be substituted as under;

25. CONSUMER SERVICE & CONSUMER GRIEVANCES REDRESSAL MECHANISM

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 and 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.

25.4.3 All 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.

25.4.5 The 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 27.

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 endeavor of the distribution licensee to provide the best possible services well before the time limits specified in these Regulations.

Regulation - 11. Amendment of Regulation 26 of the Principal Regulations.

PAYMENT OF COMPENSATION-

Regulation 26 of the Principal Regulations shall be substituted as under:

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.

Regulation - 12. Amendment of Regulation 30.2 of the Principal Regulations.

(i)       The Regulation 30.2.1 of the Principal Regulations shall be amended as under:

Following provisos to Regulation 30.2.1 shall be added;

Provided that the distribution licensee may use handheld instrument, meter reading instrument (MRI), or wireless equipment for recording of the meter reading and/or for generation of spot bill;

Provided further that if bills are prepared on the basis of AMR, MRI downloads etc and consumer requests for reading data, the same shall be provided by the licensee.

(ii)      The clause (a) & (b) of Sub-Regulation 30.2.3 of the Principal Regulations shall be substituted as under;

(a)      In the event of anticipated long absence, a consumer may deposit in advance an amount equivalent to Fixed Charges along with meter rentals and any other applicable charges for the period of absence. In such cases when a consumer gives prior information in writing about his continued absence, the distribution licensee shall not send any notice or provisional bill to the consumer and his supply line shall not be disconnected. The interest on such advance payment of electricity bills shall be paid as specified in these regulations.

(b)      In case of post payment meters, if the meter reading cannot be taken on account of premises being found locked/inaccessible on two consecutive scheduled meter reading dates such a consumer shall be served with a notice to get the reading recorded by a representative of the distribution licensee within 15 days or have option to send the picture of the meter indicating the meter reading and date of meter reading through registered mobile or through registered e-mail to the official authorized by the distribution licensee, failing which the premises shall be disconnected temporarily. An official authorized by the distribution licensee shall personally verify the facts at site before effecting temporary disconnection of supply. In case of continued non-compliance for one month after temporary disconnection, permanent disconnection shall be effected without any further notice. However, temporary disconnection of an essential service consumer may be effected after due notice and prior approval of the officer authorized by the distribution licensee if the premises are found locked on three consecutive scheduled meter reading dates."

(iii)     Regulation 30.2.4 shall be added after Regulation 30.2.3 of the Principal Regulations as under;

30.2.4 In case of smart meters, the meters shall be read remotely at least once in every month and in case of other pre-payment meters, the meters shall be read by an authorised representative of the distribution licensee at least once in every three months. The data regarding energy consumption shall be made available to the consumer, through website or mobile App or SMS, etc. Consumers having smart prepayment meters may also be given the data access for checking their consumption on real time basis.

Regulation - 13. Amendment of Regulation 30.3 of the Principal Regulations.

Clause (d) shall be added after clause (c) to Regulation 30.3 of the Principal Regulations as under:

(d)   In case of pre-payment metering, the distribution licensee shall issue the bill, to the consumer, on his or her request.

Regulation - 14. Insertion of new regulation 30.5 A in the Principal Regulations.

The Regulation 30.5 A shall be added after Regulation 30.5 of the Principal Regulations as under;

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 and no late payment surcharge shall be leviable on such provisional bill.

Regulation - 15. Amendment of Regulation 30.8 of the Principal Regulations.

Delivery of Bills

The regulation 30.8 of the Principal Regulations shall be substituted as under;

The bill shall be delivered to the consumer immediately in case of spot billing and in other cases within a period not exceeding fifteen (15) days from the date of meter reading except in case of supply through pre-payment meters.

Provided that the distribution licensee shall intimate the consumer about despatch of bill (other than spot bills) through SMS or email, or by both, immediately and the intimation shall consist of the details of bill amount and the due date for payment.

The distribution licensee shall also upload the bill on its website on the day of bill generation:

Provided further that the billing details of last one year for all consumers shall also be made available on the licensee's website.

Regulation - 16. Amendment of Regulation 30.10 of the Principal Regulations.

Regulation 30.10 of the Principal Regulations shall be substituted as under;

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 - 17. Amendment in Regulation 30.11 of the Principal Regulations.

The second sentence in first proviso to Regulation 30.11 shall be substituted as under;

"In case a consumer does not receive the first bill by the end of the next billing cycle, he may inform the officer/functionary in charge of notified office of the distribution licensee who shall arrange for issue of the bill within seven working days."

Regulation - 18. Amendments in Regulation 30.12 of the principal Regulations.

The Regulation 30.12 of the Principal Regulations shall be substituted as under:

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 - 19. Amendment in Regulation 31 of the Principal Regulations.

Regulation 31.3 of the principal Regulations shall be substituted as under;

If the due date indicated in the bill for payment is a Sunday or a Public Holiday declared by the State Government or if the distribution licensee's office is closed for any other reason, the succeeding working day shall be treated as the due date.

Provided that in case of payment to be made by a consumer through RTGS and the due date indicated in the bill for payment is a bank holiday/RTGS holiday then the succeeding bank working day shall be treated as the due date.

Regulation - 20. Amendment of Regulation 33 of the Principal Regulations.

Termination of Agreement-Regulation 33 of the Principal Regulations shall be substituted as under:

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 used 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 - 21. Amendment of Regulation 34.2 of the Principal Regulations.

The first paragraph of Regulation 34.2 of the Principal Regulations shall be substituted as under;

Where a distribution licensee has disconnected supply of electricity to any premises in consequence of a default on the part of the consumer and if the consumer seeks reconnection within 6 months from the date of disconnection then the distribution licensee shall resume supply of electricity (other than theft cases) within six working hours from the time the consumer:

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

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

(c) -----------------------------------------

Regulation - 22. Amendment of clause 3 of Annexure-1 of the Principal Regulations.

The clause 3 of Annexure-1 of the Principal Regulations shall be substituted as under;

3. COMPLAINTS ABOUT METERS

3.1   The distribution licensee shall inspect and check correctness of a meter within three working days of receipt of a complaint or report by its authorized official/officer/representative. If the meter is defective (i.e. it is stuck up, running slow, fast or creeping), the distribution licensee shall replace the meter within 24 hours in urban areas and 72 hours in rural areas of the confirmation regarding defective meter from the field officials.

3.2   The distribution licensee shall replace a burnt out or stolen meter within 24 hours in urban areas and 72 hours in rural areas of the receipt of a complaint. Supply to the consumer shall, however, be immediately restored even by bypassing the meter till such time a new meter is installed.

Regulation - 23. Amendment of Annexure-2.

OVERALL STANDARDS OF PERFORMANCE

Annexure 2 of the Principal regulations shall be substituted as under:

(1)     Long or Sustained Supply Voltage Interruptions

The Distribution Licensee shall calculate the reliability of its distribution system on the basis of number and duration of sustained or long supply voltage interruptions (longer than 3 min) in a reporting period, using the following indices:

(i)       System Average Interruption Frequency Index (SAIFI);

(ii)      System Average Interruption Duration Index (SAIDI);

The Indices shall be computed for the distribution licensees for each month for all the 11kV and 66/33kV feeders in the supply area, and then aggregating the number and duration of all interruptions in that month for each feeder. The Indices shall be computed using the following formulae:

A_i = Total number of sustained interruptions (each longer than 3 min) on ith feeder for the month;

B_i = Total duration in minutes of all sustained interruptions (longer than 3 min) on ith feeder for the month;

N_i = Number of Customers on ith feeder affected due to each sustained interruption;

N_t = Total number of customers served by the Distribution Licensee in the supply area;

n = number of 11kV and 66/33kV feeders in the licensed area of supply;

(2)     The distribution licensee shall maintain the reliability on monthly basis within the limits specified in table below:

Table 12: Limits for Reliability indices

While calculating the given reliability indices, the following types of interruptions shall not be taken into account:

(i)       Momentary outages of duration less than three minutes.

(ii)      Outages due to Force Majeure events such as cyclone, floods, storms , war, mutiny, civil commotion, riots, lightning, earthquake, lockout, grid failure, fire affecting licensee's installations and activities;

(iii)     Outages that are initiated by the National Load Despatch Centre/Regional Load Despatch Centre/State Load Despatch Centre during the occurrence of failure of their facilities;

While calculating the given reliability indices, the interruptions due to scheduled or planned outages shall be taken into account. The distribution licensee shall strive to capture reliability indices data directly from the feeder monitoring system and there should not be any manual interventions as far as possible.

The Distribution Licensee shall maintain data on the reliability indices specified above for each zone/circle/division on a monthly basis.

The Distribution Licensee shall put up, at the end of each month, such monthly information on reliability indices, on website of the Distribution Licensee and shall submit such report quarterly to the Commission.

Regulation - 24. Amendments of Annexure 5 of the principal Regulations.

(i)       The Ref No. 3 in the table under Annexure-5 of the Principal Regulations shall be substituted as under:

(iii)     Following note below the table under Annexure 5 shall be added:

In the event of the failure of the distribution licensee to meet the Standards of Performance against Ref. No 1.1, 1.2, 1.3, 1.4 and 4 specified in the table above, the affected consumer(s) shall be automatically compensated as specified in Regulation 26 of these regulations.

Regulation - 25. Amendment of Annexure-8; Assessment of Electricity Charges in Case of Unauthorised Use/Theft.

(i)       Sub-clause a(i) of clause (1) of Annexure 8 shall be substituted as under;

The consumption of electricity in such case will be computed on the basis of the meter reading. However, in case where electricity is used for the purpose other than for which the usage of electricity was authorized (U/S 126 (6) (b) (iv) of the Act) then assessment shall be made in proportion of the load used for other purpose i.e. unauthorised load to the total load as explained under. In case where electricity is used for the premises or the areas other than those for which the supply of electricity was authorized (U/S 126 (6) (b) (v) of the Act) then assessment shall be made in proportion of the load extended to other premises or area i.e. unauthorised load to the total load including extended load as explained under.

Explanation:

Quantum of assessed consumption of energy (Q) = C x (A/B)

Where C - Total Consumption recorded by the healthy meter during the period of assessment (in kWh or kVAh, as applicable)

A = Unauthorised load (kW) detected at the time of inspection

B = Total Load detected (kW) at the time of inspection

(ii) Clause (4) of Annexure 8 shall be amended as under;

Unit Assessed= LxDxHxF where

L for consumers covered under non-contract demand system shall be load found connected during inspection in kW and

L for consumers covered under contract demand system shall be the sanctioned contract demand or the maximum demand recorded during last one year which ever is highest.

D is the number of working days per month ------------------------------

H is use of supply hours per day ------------------------------------

F is demand factor -------------------------------------------------