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CERC (Terms and Conditions of Tariff) Regulations 2009 14

CERC (Terms and Conditions of Tariff) Regulations 2009 14

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Published by: VIBHAV on Dec 23, 2009
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No.L-7/145(160)/2008-CERC Dated 19
January, 2009
In exercise of powers conferred under section 178 of the Electricity Act, 2003 (36 of 2003), and all other powers enabling it in this behalf, and after previous publication, the CentralElectricity Regulatory Commission hereby makes the following regulations, namely:
Short title and commencement.
(1) These regulations may be called the CentralElectricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009.(2) These regulations shall come into force on 1.4.2009, and unless reviewed earlier orextended by the Commission, shall remain in force for a period of 5 years from the date of commencement:Provided that where a project, or a part thereof, has been declared under commercialoperation before the date of commencement of these regulations and whose tariff has not beenfinally determined by the Commission till that date, tariff in respect of such project or such partthereof for the period ending 31.3.2009 shall be determined in accordance with the CentralElectricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2004.
Scope and extent of application
These regulations shall apply in all cases wheretariff for a generating station or a unit thereof (other than those based on non-conventional
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energy sources) and the transmission system is to be determined by the Commission undersection 62 of the Act read with section 79 thereof.
- In these regulations, unless the context otherwise requires,-(1)
means the Electricity Act, 2003 (36 of 2003);(2)
‘expenditure incurred’
means the fund, whether the equity or debt or both,actually deployed and paid in cash or cash equivalent, for creation or acquisition of auseful asset and does not include commitments or liabilities for which no payment hasbeen released;(3)
‘additional capitalisation'
means the capital expenditure incurred or projected tobe incurred, after the date of commercial operation of the project and admitted by theCommission after prudence check, subject to provisions of regulation 9;(4)
auxiliary energy consumption' or 'AUX'
in relation to a period in case of agenerating station means the quantum of energy consumed by auxiliary equipment of thegenerating station, and transformer losses within the generating station, expressed as apercentage of the sum of gross energy generated at the generator terminals of all the unitsof the generating station;(5)
means an auditor appointed by the generating company or thetransmission licensee, as the case may be, in accordance with the provisions of sections224, and 619 of the Companies Act, 1956 (1 of 1956), or any other law for the time beingin force;(6)
in relation to a generating station means the person purchasingelectricity generated at such a generating station whose tariff is determined under theseregulations;
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’ in relation to a combined cycle thermal generating station includescombustion turbine-generator, associated waste heat recovery boiler, connected steamturbine- generator and auxiliaries;(8)
‘capital cost’
means the capital cost as defined in regulation 7;(9)
‘change in law’
means occurrence of any of the following events:(i)
the enactment, bringing into effect, adoption, promulgation, amendment,modification or repeal of any law; or(ii)
change in interpretation of any law by a competent court, Tribunal orIndian Governmental Instrumentality which is the final authority underlaw for such interpretation; or(iii)
change by any competent statutory authority, in any consent, approval orlicence available or obtained for the project.(10)
means the Central Electricity Regulatory Commission referred toin sub-section (1) of section 76 of the Act;(11)
‘cut-off date’
means 31
March of the year closing after two years of the year of commercial operation of the project, and in case the project is declared under commercialoperation in the last quarter of a year, the cut-off date shall be 31
March of the yearclosing after three years of the year of commercial operation;(12)
‘date of 
commercial operation’ or ‘COD
’ means(a)
in relation to a unit or block of the thermal generating station, the datedeclared by the generating company after demonstrating the maximum continuousrating (MCR) or the installed capacity (IC) through a successful trial run afternotice to the beneficiaries, from 0000 hour of which scheduling process as per theIndian Electricity Grid Code (IEGC) is fully implemented, and in relation to the
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