In exercise of the power conferred on it by Section
61,66, 86(1) (e) and 181 of the Electricity Act, 2003 (36 of 2003) and all
other powers enabling in its behalf, the Uttar Pradesh Electricity Regulatory
Commission has made (Rooftop Solar PV Grid Interactive System Gross/Net
Metering) Regulation, 2019, which were published vide notification no.
UPERC/Secretary/RSPV Regulations/434(A) dated 04.01.2019. And Whereas, the Ministry of Power, Government of India has introduced a
concept of Net Billing or Net Feed-In in its notification G.S.R.(E) 448 (E).
dated June 28, 2021, which is reproduced as below: (ja) "net billing or net feed-in" means a single bidirectional
energy meter used for net-billing or net feed-in at the point of supply
where-in the energy imported from the Grid and energy exported from the Grid
Interactive rooftop Solar photovoltaic system of a Prosumer are valued at two
different Tariff In view of the above notification of Ministry of Power, Government of
India, Uttar Pradesh Electricity Regulation Commission, now in exercise of its
power conferred under section 61, 86 (1) (e) and 181 of Electricity Act, 2003
and clause 17 of the aforesaid Regulation i.e. Power to Amend and all other
enabling powers hereby makes the following amendments, namely: (a) These Regulations shall be called
UPERC (Rooftop Solar PV Grid Interactive System Gross/Net Metering) Regulation,
2019 (First Amendment/Addendum) hereinafter referred to as RSPV Regulation,
2019) (First Amendment). (b) These Regulations shall come into
force from the date of their notification in the Official Gazette of the State. Regulation
no. Existing
Regulation Amended
Regulations Definitions
and Interpretations (2.k)
"Eligible Consumer" for Net Metering Scheme means the consumers of
a Licensee under agriculture (LMV-5) category or domestic consumers under
LMV-1 category while under Gross Metering Scheme means a consumer of
electricity in the area of supply of the Distribution Licensee, who intends
to set up a grid connected rooftop Solar PV system in the consumer's premises
which can be self-owned or third party owned, with an intent to sell the
entire electricity to the distribution licensee at the rate prescribed by the
Commission. (2.k)
"Eligible consumer" for (i) Gross Metering Scheme means a prosumer
of electricity of any category in the area of supply of the Distribution
Licensee, who intends to/has set up a grid connected rooftop Solar PV system
in his/her premises which can be self-owned or third party owned, with an
intent to sell the entire electricity to the distribution licensee at the
rate prescribed by the Commission. (ii)
Net-billing/net feed-in scheme means a prosumer of any category, in the area
of supply of the Distribution Licensee, who intends to/has set up a grid
connected rooftop solar PV system in his/her premises, which can be
self-owned or third party owned, where-in the energy imported from the Grid
and energy exported to the Grid Interactive rooftop Solar photovoltaic system
of a Prosumer are measured through a single bi-directional energy meter
valued at two different Tariffs which are determined by the Commission. (iii)
Net Metering Scheme means the metered prosumers of a Licensee under
agriculture (LMV-5) category or domestic consumers under LMV-1 category, who
intends to/has set up a grid connected rooftop solar PV system in the
consumer premises, which can be self-owned or third party owned wherein the
energy imported from the grid and the energy exported to the grid interactive
rooftop solar PV system are netted out through single bi-directional energy
meter. Scope
and application 3.2 The
eligible consumer may install the rooftop solar PV system under gross
metering arrangement or net metering arrangement. Metered Agricultural or
metered Residential/Domestic category under LMV-5 and LMV-1 category
respectively, can install rooftop solar PV system under net metering
arrangement or the Gross Metering Arrangement which: 3.2 The
eligible consumer may install the rooftop solar PV system under gross
metering arrangement or net metering arrangement or net billing/net feed-in
arrangement as per respective eligibility. General
Principles 4.1
Subject to the limits and other terms and conditions specified in these
Regulations, the eligible consumers of the Distribution Licensee shall be
entitled to install rooftop solar PV system under gross metering arrangement
or net metering arrangement. 4.1
Subject to the limits and other terms and conditions specified in these
Regulations, the eligible consumers of the Distribution Licensee shall be
entitled to install rooftop solar PV system under gross metering arrangement
or net metering arrangement or net billing/net feed-in arrangement as per respective
eligibility. Provided
that third party owners who have entered into a lease or commercial agreement
for the rooftop in the premises of a group of consumers, shall also be
entitled to install rooftop solar PV system under Net metering arrangement
with the Distribution Licensee, for such capacity which shall be cumulative
of the prescribed limits of rooftop solar PV capacity for each eligible
consumer of the group whose rooftop has been leased by the third party owner
connected with the same Distribution Transformer (upto the limit of as
defined under these Regulations of capacity of DT). Provided
that third party owners who have entered into a lease or commercial agreement
for the rooftop in the premises of a group of consumers, shall also be entitled
to install rooftop solar PV system under gross metering or Net metering
arrangement or net billing/net feed-in arrangement with the Distribution
Licensee, for such capacity which shall be cumulative of the prescribed
limits of rooftop solar PV capacity for each eligible consumer of the group,
whose rooftop has been leased by the third party owner connected with the
same Distribution Transformer (upto the limit of as defined under these
Regulations of capacity of DT). 4.2
Provided that the eligible consumer or third party owner as the case may be
availing gross metering arrangement under these Regulations shall not be
allowed to apply for net metering arrangement within the same premises. 4.2
Provided that the eligible consumer, as the case may be, can only avail one
type of rooftop solar PV grid interactive system out of gross metering
arrangement, net metering arrangement or net billing/net feed-in arrangement
within the same premises. 4.3
Provided that the eligible consumer availing net metering arrangement under
these Regulations shall not be allowed to apply for gross metering
arrangement within the same premises. 4.3
deleted 4.4
Provided that the Distribution Licensee shall, as per the eligibility
condition as specified in these Regulations, allow the provision of gross
metering arrangement or net metering arrangement to the consumer or third
party owner as the case may be, who intends to install grid connected rooftop
solar PV system. 4.4
Provided that the Distribution Licensee shall, as per the eligibility
condition as specified in these Regulations, allow the provision of gross
metering arrangement or net metering arrangement or net billing/net feed-in
arrangement to the consumer. 4.6 If
the eligible consumer installs solar rooftop system under the net metering
scheme, such eligible consumer shall be entitled to use the power generated
from the rooftop solar PV system at his premises. The surplus power can be
injected to the distribution system of the Licensee at the interconnection
point. 4.6 If
the eligible consumer installs solar rooftop system under the net metering or
net billing/net feed-in scheme, such eligible consumer shall be entitled to
use the power generated from the rooftop solar PV system at his premises. The
surplus power can be injected to the distribution system of the Licensee at
the interconnection point. Interconnection
with the Distribution System 8.1 (v)
In case of Gross Metering an inter Connection Agreement as per Annexure
III(A) is signed between both the parties whereas in case of Net metering
inter Connection Agreement as per Annexure III(B) is signed between both the
parties. 8.1 (v)
In case of Gross Metering, net metering & net billing/net feed-in
arrangement the interconnection agreements will be signed between the parties
on formats specified at Annexure III(A), Annexure III(B) and Annexure III(C)
respectively. Applicability
of Other Charges Solar Renewable Purchase Obligation 11. In
rooftop solar PV system under gross metering scheme or net metering scheme,
whether self-owned or third party owned and installed on eligible consumer
premises shall be exempted from wheeling and cross subsidy surcharge. 12.2 In
case of net metering scheme the total quantum of solar electricity generated
under the net metering arrangement by eligible consumer, who is not defined
as obligated entity, shall qualify towards Renewable Purchase Obligation
(RPO) for the Distribution Licensee in whose area of supply the eligible
consumer is located. 11.
Rooftop solar PV system installed on eligible consumer premises under gross
metering scheme, net metering scheme or net billing/net feed-in scheme,
whether self-owned or third party owned, shall be exempted from wheeling and
cross subsidy surcharge. 12.2 In
case of net metering or net billing/net feed-in scheme the total quantum of
solar electricity generated under the net metering, net billing/net feed-in
arrangement by eligible consumer, who is not defined as obligated entity,
shall qualify towards Renewable Purchase Obligation (RPO) for the
Distribution Licensee in whose area of supply the eligible consumer is
located. Penalty
or Compensation 14. In
case of failure of gross metering or net metering system as the case may be,
the provisions of penalty or compensation shall be as per the provisions of
the provided in UPERC (Electricity Supply Code) Regulations, 2005 and
subsequent amendments thereof or as determined by the Commission from time to
time. 14. In
case of failure of gross metering or net metering or net billing/net feed-in
system as the case may be, the provisions of penalty or compensation shall be
as per the provisions of the provided in UPERC (Electricity Supply Code)
Regulations, 2005 and its amendments or as determined by the Commission from
time to time. Following addition is being made to Regulation 2. Definitions and
Interpretations- (ff) "Net billing/Net feed-in": means an arrangement using
bi-directional energy meter at the point of supply where-in the energy imported
from the Grid and energy exported from the Grid Interactive rooftop Solar
photovoltaic system are valued at two different Tariff. (gg) "Net billing/Net feed-in Tariff": means the tariff for
electricity supplied to the distribution licensee under the Net billing/Net
feed-in arrangement, shall be same as that for the gross metering arrangement,
as decided by the Commission from time to time. Following addition is being made to Regulation 10. Energy Accounting and
Settlement- 10.4 (A) The energy accounting and settlement procedure for eligible
consumer/third party owners installing and operating rooftop solar PV system
under net-billing/net feed-in shall be as per the following procedure: (i) For each billing period, the
licensee shall show the quantum of electricity injected by the rooftop solar PV
system and electricity supplied by the Distribution Licensee in the billing
period separately. (ii) The monetary value of the
imported energy shall be based on the applicable retail tariff. The monetary
value of the exported solar energy shall be based on Net billing/Net feed-in
Tariff, as defined in Regulation 2(gg), decided by the Commission. (iii) The net bill payable/receivable
shall be determined as the difference between the monetary value of the
exported energy and electricity bill of the electricity supplied by the
Distribution licensee (including government levy etc.). In case of net bill payable,
the provisions of applicable Tariff Order and Supply Code shall be applicable
in terms of late payment surcharge. In case of net bill receivable, the amount
shall be carried forward and adjusted against the bills generated in future. (iv) When an eligible consumer leaves
the system or at the end of financial year, whichever happened earlier, any
balance that is pending to be received by the consumer from the distribution
licensee shall be paid to the consumer. (v) In case of Group Net billing/net
feed-in, the settlement between the individual consumer in the group and the
third party (if involved) will be the responsibility of the group or third
party itself and shall be governed by the agreement between them. The third
party aggregator shall not be charged by DISCOM any fixed charges on this
account but shall be charged for energy imported as per prevailing Rules and
Regulations. (vi) There shall be no deemed
generation charges payable to the eligible consumer. (vii) In case the applicable tariff
provides for billing on kVAh basis, the drawl or injection of energy shall also
be measured in kVAh. (viii) The Distribution Licensee shall
necessarily provide the following details along with the electricity bill
relating to each billing period: (a) Quantum of electricity generated
from the rooftop solar PV system. (b) Quantum of electricity injected
into the distribution system by the rooftop solar PV system. (c) Quantum of electricity supplied
by the Distribution Licensee to the eligible consumer. (d) The monetary value of electricity
injected into the distribution system by the rooftop solar PV system based on
feed-in tariff determined by the Commission. (e) The monetary value of electricity
supplied by the Distribution Licensee to the eligible consumer as per the
Tariff Order. (f) The net bill payable/receivable
shall be determined as the difference between electricity bill of the
electricity supplied by the Distribution licensee (including government levy
etc.) and the sum of monetary value of the exported energy & receivables,
if any, carried over from last month. 10.6 the procedure and timelines for granting approval for gross metering
arrangement or net metering arrangement or net billing/net feed-in arrangement,
as per respective eligibility, shall be finalized by UPNEDA/state designated
agency in consultation of the Discom within 60 days of notification of this
Regulation and will be submitted before the Commission for its approval. Addition of Regulation 18. Power to Remove
Difficulties- 18. If any difficulty arises in giving effect to any of the provisions
of this Regulation, the Commission may direct, by a general or special order,
not being inconsistent with the provisions of this Regulation or the Act, which
appear to be necessary or expedient for the purpose of removing the
difficulties.aaUPERC (ROOFTOP
SOLAR PV GRID INTERACTIVE SYSTEM GROSS/NET METERING) REGULATION, 2019 (FIRST
AMENDMENT/ADDENDUM) HEREINAFTER REFERRED TO AS RSPV REGULATION, 2019) (FIRST
AMENDMENT)
PREAMBLE