134112, HARYANA Case No. HERC/PRO 45 o

of 50

BEFORE THE HARYANA ELECTRICITY REGULATORY COMMISSION

BAYS No. 33-36, SECTOR-4, PANCHKULA- 134112, HARYANA

Case No. HERC/PRO 45 of 2017 & PRO 48 of 2017

DATE OF HEARING

DATE OF ORDER

17.12.2018

30.04.2019

IN THE MATTER OF:

Petition seeking revision of General & Miscellaneous Charges levied by

the Distribution Licensee (PRO – 45 of 2017) & Application for seeking

approval with respect to levy of inspection charges for various works

along with General & Miscellaneous charges for other services rendered

by the Transmission Licensee (PRO-48 of 2017)

Petitioner

Uttar Haryana Bijli Vitran Nigam (UHBVN) in Case No. PRO – 45 of 2017

Haryana Vidyut Prasaran Nigam (HVPN) in Case No. PRO-48 of 2017

Respondents

General Public

Present:

Shri Sunil Kumar Nehra, Advocate.

Shri Anupam Avasthi

Shri Babbar Khan

Shri B.S. Yadav

Shri Dinesh Bahri

Shri R.K. Jain

Shri Ravi Juneja, AEE/HPPC

Er. Pawan Bains, XEN/HPPC

Er. Ashok P.Singh, AEE/HPPC

Er. R.K Sharma, CE/HPPC

Er. Randeep Singh, SE/HPPC

Shri Mukesh Kumar

Shri Manoj Kumar

Shri Vijay Upadyaye

Shri Rajesh Goel, XEN, HVPNL

Shri A.K Singla, SE/HVPNL

QUORUM

Shri Jagjeet Singh, Chairman

Shri Pravindra Singh, Member

of 50

ORDER

Brief Background:

The Commission, in its ARR and Tariff Order dated 22.12.2000, in respect

of Distribution and Retail Supply for the FY 2000-01 had approved the

schedule of general and miscellaneous charges applicable to distribution

licensees of Haryana with effect from Oct 2001. The same was

subsequently revised with effect from 01.10.2011 vide Order dated

17.08.2011 in the suo-moto proceedings for revision of Schedule of

General and Miscellaneous Charges. The charges were approved by the

Commission for various services rendered by the distribution licensees in

view of its duties to be performed under the Electricity Act, 2003 and

Regulations framed by the Commission thereto.

The Commission in its ibid order also directed the distribution licensees

to submit the schedule of general and miscellaneous charges along with

their ARR applications every year for suitable yearly revision as may be

needed.

1. Whereas, in respect of services rendered by the transmission licensee /

STU i.e. HVPNL, the Commission in its Duty to supply electricity on

request, Power to recover expenditure incurred in providing supply and

Power to require security Regulations, 2016 provides for levy of

supervision charges for both distribution licensee as well as transmission

licensee. Proviso 3.1 of ibid Regulations is reproduced as under:

“3.10 Self Execution of work by the applicant

The applicant can get the work of extension of distribution system carried out on his own. In that case he shall get the same carried out through a Licensed Electrical Contractor and pay supervision charges to the licensee. In such case the consumer himself shall procure the material and equipment. The material and equipment procured shall conform to relevant BIS specifications or its international equivalent and should bear the ISI mark or its successor mark as provided by BIS, wherever applicable. The material procured and the design of the installation shall also conform to the standards and specifications of the distribution/transmission licensee.

Provided that if the applicant chooses to get the work done on his own, the licensee shall charge supervision charges at the

rate of 1.5% of the estimated cost of such works as are to be finally handed over to the distribution/ transmission licensee or as approved by the Commission.”

2. However, the charges for other services rendered by HVPNL are not yet

approved by the Commission and in the absence of same HVPNL is

of 50

recovering such charges as per their internal instructions/circulars issued

by them from time to time.

3. The Hon’ble APTEL in its Order dated 19.01.2017 in Appeal no. 282 of

2014 in the matter of HVPNL Vs HERC and others inter alia directed the

Commission to frame appropriate Regulations/ Guidelines/ Directions for

smooth execution of various works/services rendered by the HVPNL in

view of its duties to be performed under the Electricity Act, 2003. Hon’ble

APTEL in its ibid Order also concurred with levy of

supervision/departmental charges on the self-execution of works of the

consumers not to be taken over by the Appellant in view of its duties to be

performed under the Act as the Appellant being STU is responsible for the

interstate transmission network in the State of Haryana and the fact that

all these works executed by the consumer will be ultimately connected to

the HVPN’s transmission system.

4. The Commission, in view of the above considered it appropriate to review

and rationalize the schedule of general and miscellaneous charges for the

services rendered by the distribution licensees and to notify inspection

charges for various works along with other general & miscellaneous

charges for the services rendered by the transmission licensee of Haryana

in order to protect the interest of consumers/stakeholders.

5. The Commission vide memo no. 2249/HERC/DTariff dated 27.03.2017

directed HVPNL to submit proposal in the form of Petition with respect to

levy of inspection charges for various works along with other general and

miscellaneous charges to be levied by transmission licensee for its services

along with due justification and quantification of the same. Similarly, the

distribution licensee i.e. UHBVNL and DHBVNL vide memo no. 2250-

51/HERC/DTariff dated 27.03.2017 were also directed to submit proposal

in the form of Petition for review of general and miscellaneous charges

along with due justification and quantification of the same. Complying

with the above directions of the Commission, the UHBVN and HVPNL

subsequently filed petition no. PRO-45 of 2017 and PRO-48 of 2017

respectively in the matter.

6. Accordingly, Uttar Haryana Bijli Vitran Nigam, Panchkula vide petition no.

PRO No. 45 of 2017 prayed for approval of revised charges in view of the

increase in inflation factor, the general and miscellaneous charges at

present applicable in Punjab and also the actual cost implication at

present for same of service. The inflation factor (INDEX) for indexing the

of 50

cost of providing various services as a combination of WPI and CPI with

weight age of 45% and 55% respectively and accordingly the increase in

the INDEX, since 2011, has been worked out to be 34.11%. The various

General and Miscellaneous Charges as in-force at present, General and

Miscellaneous Charges as applicable in Punjab and the proposed General

and Miscellaneous Charges as proposed by UHBVN are tabulated as

follows:

Sr

.

No

.

Description Charges

applicable in

Haryana

(since 2011)

Charges

applicable in

Punjab (PSPCL)

(since

03/2011)

Proposed

Charges

A - Schedule of General Charges

1 Application processing charges:

Connected load Application

processing fee

- -

Upto 2 kW Rs.50/- - Recently

increased w.e.f.

19.07.2016

Above 2 kW Rs.25 per kW or

part thereof

subject to the

max. of

Rs.20,000/-

-

2a Meter installation charges:

The licensee shall recover meter installation charges as per the following rates

irrespective of the fact whether the meter have been supplied by the consumer

or the licensee.

Single phase meter Rs.100 per meter Rs. 100/- Rs.150 per meter

Three phase meter Rs.200 per meter Rs. 250/-

without CT

Rs.300 per meter

Three phase meter

(with CTs and PTs)

3% of the cost of

the meter/

metering

equipment

subject to a

minimum of

Rs.500/-

2% of the cost of

the meter/

metering

equipment

subject to a

minimum of

Rs.900/-

LT meters – Rs.

500/-

HT meters- Rs.

1000/-

2b Meter Inspection & Testing Charges:

If the correctness of a meter is challenged by the consumer:

(i) Single Phase Rs. 50/- Per

meter

Rs. 120/- Rs. 100/- Per

meter

(ii) 3-phase whole

current i.e.,

without CT.

Rs. 100/- Per

meter

Rs.450/- Rs. 200/- Per

meter

(iii)LT/ CT meter Rs. 500/- Per

meter

Rs. 1200/- with

CT

Rs. 750/- Per

meter

(iv) HT & EHT

metering

equipment.

Rs. 1000/- Per

meter

Rs. 2400/- Rs. 1500/- Per

HT meter

of 50

(v) LT CTs only Rs. 500/set - Rs. 750/set

(vi) HT CTs (11KV)

only

Rs. 1000/set - Rs. 1500/set

(vii) HT PTs (11 KV)

only

Rs. 1000/- - Rs. 1500/-

Note: If the challenged meter is found to be incorrect the inspection and testing

charges will be refunded to the consumer, otherwise these will be forfeited.

2c Changing the Meter or its position in the same premises at the request of

the consumer when no additional material is required.

No charges shall be levied if the meter is re-located by the licensee:-

(i) Single phase Rs. 100/- Per

meter

Rs. 225/- Rs. 200/- Per

meter

(ii) 3-phase whole

current i.e. without

CT.

Rs. 200/- Per

meter

Rs. 450/- Rs. 300/- Per

meter

(iii) L.T. meter with

CTs

Rs. 800/- Per

meter

Rs. 900/- Rs. 1000/- Per

meter

(iv) H.T. & E.H.T

metering

equipment.

Rs. 1600/- Per

meter

Rs. 2400/- Rs. 2000/- Per

meter

2d Re-sealing charges where seals are found broken.

(i) Meter cupboard Rs.30/- Rs. 50/- Rs.50/-

(ii) Where cut-out is

independently

sealed

Rs.25/- Rs. 50/- Rs.50/-

(iii)Meter cover or

Meter Terminal

cover (Single

Phase)

Rs.100/- Rs. 150/- Rs.100/-

(iv) Meter cover or

Meter Terminal

cover (3-Phase)

Rs.250/-

Rs. 375/- Rs.250/-

(v) Maximum Demand

Indicator or CT

chamber

Rs.550/- Rs. 900/- Rs.550/-

(vi) P T fuses Rs.550/- Rs. 900/- Rs.550/-

3 Fuse Replacement

Replacing

Consumer's fuse

Nil - Nil

4 Reconnection Charges

i) Domestic

consumer

Rs. 100/- All categories –

1-Ph. – Rs.

120/-

3-Ph. LT- Rs.

150/-

3-Ph.HT/EHT-

Rs.

250/-

1-PH-Rs.100/-

3-PH-Rs. 300/-

ii) Non-Domestic

consumer

Rs. 200/- 1-PH-Rs.200/-

3-PH-Rs. 500/-

iii) A.P. consumer Rs. 100/- Rs. 500/-

iv) L.T. Industrial

(upto 20 kW)

Rs. 500/- Rs. 750/-

v) LT Industrial

(above 20 kW)

Rs. 1500/- Rs. 2000/-

vi) H.T. Industrial

consumer

Rs. 3000/- Rs. 5000/-

of 50

vii) Bulk Supply &

Street Lighting

consumer

Rs. 1500/- Rs. 3000/-

5 Testing Consumer’s installation

i)For initial testing of

new installation or

of any extension to

an existing

installation if the

installation is found

to be in order and

the wiring

contractor or his

representative is

present at the site.

Nil

Nil

Nil

ii)For initial or

subsequent testing

of a new installation

or an extension to

an existing

installation if the

installation is found

to be defective or the

wiring contractor or

his representative

fails to be present:

- - -

(a) Single Phase LT

installation

Rs.100/-

(Payable in

advance for each

subsequent visit

for the purpose of

testing the

installation.)

Rs. 150/- Rs.200/-

(Payable in

advance for each

subsequent visit

for the purpose

of testing the

installation.)

(b) Three Phase LT

installation

Rs.200/-

(Payable in

advance for each

subsequent visit

for the purpose of

testing the

installation)

Rs. 200/- Rs.300/-

(Payable in

advance for each

subsequent visit

for the purpose

of testing the

installation)

(c) Three Phase HT

installation

Rs.500/-

(Payable in

advance for each

subsequent visit

for the purpose of

testing the

installation)

Rs. 300/-

BS (Load upto

100 KW)

Rs. 500/-

BS (Load above

100 KW)

Rs.750/-

(Payable in

advance for each

subsequent visit

for the purpose

of testing the

installation)

6 Meter Reading Cards(New/Replacement) (Domestic and Non-Domestic

consumers)

Provision of meter

reading cards

including PVC jacket

Rs.30/- Rs. 10/- Not in use.

of 50

(for DS & NDS

consumers)

Replacement of meter

card found to be

missing on

consumer's premises

Rs. 15/- per card

Rs. 25/- Not in use.

7 Supply of duplicate copies of electricity bills:

i) Domestic

consumers

Rs. 5/- Rs.3/- Rs. 10/-

ii) Non-Domestic

consumers

Rs. 5/- Rs. 10/- Rs. 10/-

iii) L.T. Industrial

(upto20 kW) & AP

consumer

Rs. 5/- Rs. 10/- Rs. 10/-

iv) L.T. Industrial

(above 20 kW) &

Street lighting

consumer

Rs. 10/- Rs. 10/- Rs. 20/-

v) H.T. Industrial &

bulk supply

consumer.

Rs. 20/- Rs. 20/- Rs. 50/-

8 Supply of duplicate copies of demand notice

i) Domestic

consumers

Nil - Nil

ii) Non-Domestic

consumers

Rs. 20/- - Rs. 20/-

iii) L.T. Industrial

(upto20 kW) & AP

consumer

Nil - L.T. Industrial

(upto 20 kW) –

Rs. 20/-

AP Nil

iv) L.T. Industrial

(above 20 kW) &

Street lighting

consumer

Rs.20/- - Rs. 50/-

v) H.T. Industrial &

bulk supply

consumer.

Rs. 50/- - Rs. 100/-

vi) Supply of detailed

print out of meter

recording

Rs.50/- - Rs.200/-

9 Review of electricity bill:

If the accuracy of licensee’s bill is challenged by the consumer and a review of

the bill is demanded:

(i) Domestic, & AP

consumers.

Rs. 10/- - Rs. 10/-

(ii) Others Rs. 20/- - Rs. 20/-

Note: If the bill is found to be incorrect, the credit of fee will be given to the

consumer, otherwise it will be forfeited

10 Meter Security Charges

In case the meter

is supplied by the

LT 1-Ph.- Rs.

600/-

LT 1-Ph.- Rs.

1000/-

of 50

licensee, the

licensee shall be

entitled to charge

an amount as

meter security

which shall be

recovered as part

of the demand

notice. The

amount of meter

security shall be

equal to the cost

of electric meter

as stated in Cost

Data Book for

that year. In

addition, the

licensee shall

charge meter

rental with every

bill at the rate

approved by the

Commission.

In case of

connections

where the meter

has been

procured by the

consumer, no

security and

meter rental shall

be charged from

the consumer.

LT 3-Ph

(without CT) –

Rs. 1500/-

LT 3-Ph. CT

Meter (without

CT) -

Rs.

4000/-

LT/TPT

Metering

equipment

(without CT)–

Rs. 15000/-

HT/TPT

Metering

equipment –

Rs.

10000/-

LT CT -

50/5 A- Rs.

800/-

100/5, 150/5,

200/5, 300/5,

400/5 – Rs.

400/-

HT CT PT Unit-

Rs.

25000/-

LT 3-Ph whole

current meter-

Rs.

2100/-

LT 3-Ph. CT

meter -

Rs. 2200/-

3-Ph. HT CT PT

meter -

Rs. 3000/-

LT CT –

20/5, 30/5,

50/5, 60/5,

75/5-

Rs.

400/-

100/5- Rs.

500/-

11 Cost of Meter Cup Board (MCB)

a) Single Phase Meter Rs. 250/- - Rs. 400/-

b) Three Phase Meter Rs. 350/-

- Rs. 1300/-

c) 3-Ph- LT/CT - - Rs. 2000/-

12 Testing charges of Transformers or other equipment of consumer or

private party

i) Protective Relays:

Testing including

current and time

setting

Rs. 1100/- per

relay

- Rs. 1100/- per

relay

ii) Power and

Distribution

Transformers:

a) Insulation

resistance tests

of winding

Rs. 770/- per

transformer

- Rs. 770/- per

transformer

of 50

b) General

checking of

breather and

other

accessories

Rs. 400/- per

transformer

- Rs. 400/- per

transformer

c) Dielectric

strength test of

oil

Rs. 220/- per

transformer

- Rs. 220/- per

transformer

d) Testing of

buchholz relay

and

temperature

indicators

functioning

Rs. 800/- each

- Rs. 800/- each

iii) Circuit Breaker

400 volts, 11KV

and33 KV: General

checking of breaker

and testing of the

tripping mechanism

and33 KV: General

checking of breaker

and testing of the

tripping mechanism

Rs. 800/- each

- Rs. 800/- each

iv)Current

transformer and

potential

transformer and

meter:

- - -

a) Testing of LT

current

transformer

Rs. 165/- each - Rs. 165/- each

b) Testing of 3

phase LT

current

transformer

Rs. 440/- each - Rs. 440/- each

c) Testing of 11

KV & 33 KV CT

Rs. 550/- each - Rs. 550/- each

d) Testing of three

phase 11 KV &

33 KV CT

Rs. 1100/- each - Rs. 1100/- each

e) Testing &

recalibration of

single phase

energy meter

Rs. 90/- per

meter

- Rs. 90/- per

meter

f) Testing &

recalibration of

three phase LT

energy meter

without CT

Rs. 330/- per

meter

- Rs. 330/- per

meter

g) Testing &

recalibration of

Rs. 660/- per

meter

- Rs. 660/- per

meter

of 50

three phase LT

energy meter

with CT

h) Testing &

recalibration of

HT / EHT

metering

equipment

- - -

(i) Without CT

& PT

Rs. 2000/- per

meter

- Rs. 2000/- per

meter

(ii) With CT /

PT

combined

Rs. 2500/- per

unit

- Rs. 2500/- per

unit

i) Testing &

recalibration of

maximum

demand

indicator

Rs. 660/- per

meter

Rs. 660/- per

meter

j) Testing and

adjustment of

voltmeter/

ammeter

Rs. 165/- each - Rs. 165/- each

v) Checking of

capacitor (Other

than initial

checking on

consumer’s

request:

- - -

a) 400 volts Rs. 110/- per job - Rs. 110/- per job

b) 11 KV and

above

Rs. 110/- per job - Rs. 110/- per job

vi) General:

a) Dielectric

strength of oil of

various

equipment

Rs. 220/- per

sample

- Rs. 220/- per

sample

b) Earth resistance

test of substation

Rs. 220/- per

earth

- Rs. 220/- per

earth

c) Measurement of

insulation

resistance of

cables/equipmen

t’s

Rs. 220 per

sample

- Rs. 220 per

sample

Remarks:

i) The above charges include the visiting charge of M&T staff as well.

ii) The charges of testing vans or trucks if needed for the purpose will be extra.

All charges shall be got deposited before undertaking the testing work.

iii) Test report on prescribed form will be issued by the S.D.O (Operation) /

M&T lab, which will be produced by the applicant along with the wiring

contractor’s test report

of 50

The insulation, earth and oil tests as well as general checking and inspections

should be performed by the operation sub-division. Other tests requiring M&T

lab facilities shall be arranged by the operation sub-division.

B - SCHEDULE OF MISCELLANEOUS CHARGES

1 Meter Service Charges (per meter/ per month):

These charges shall be leviable in case the meter has been supplied by the

licensee and also that the meter is installed inside the consumer premises or on

pole outside the consumer premises.

i) Single phase Meter Rs. 20/- - Rs. 30/-

ii) Three phase Whole

Current Meter

Rs. 30/- - Rs. 50/-

iii) Three phase C.T.

Operated meter

Rs. 150/- - Rs. 200/-

iv) Three phase L.T.

Tri-

vector meter

3% of actual cost

of meter (s) &

metering

equipment and

the installation of

the same

- 3% of actual cost

of meter (s) &

metering

equipment and

the installation of

the same

minimum Rs.

1000/-

v) H.T. Tri-vector

meter

3% of actual cost

of meter (s) &

metering

equipment and

the installation of

the same

- 3% of actual cost

of meter (s) &

metering

equipment and

the installation of

the same

minimum Rs.

1000/-

vi) E.H.T. Tri-vector

meter

3% of actual cost

of meter (s) &

metering

equipment and

the installation of

the same.

- 3% of actual cost

of meter (s) &

metering

equipment and

the installation of

the same

minimum Rs.

2000/-

2 Line Service

Charges (per month)

Nil Nil

3 Service connection

charges

Recently

increased.

- -

4 Advance

Consumption

Deposit (ACD)

Recently

increased.

- -

5 Capacitor Service

Charges (per month)

No Change - -

6 Administration

charges for

dishonored cheque

As per Supply

Code Regulation

- -

7 Testing Fee for Capacitor, transformer Oil and Insulation Resistance of

Cable/ Other Equipment:

of 50

7. Haryana Vidyut Prasaran Nigam, Panchkula vide petition no. PRO No. 48

of 2017 submitted the following inspection charges for various works along

with other general and miscellaneous charges being levied for tendering

various services to its stakeholders which are notified vide their internal

instructions/circular and are in vogue and prayed for allowing same:-

A. Inspection charges for various works along with other general and

miscellaneous charges for other services tendered by HVPNL:-

Sr

.

no

.

Description of charges for various

services

Rate of charges Reference

no. and

date

1 The departmental charges where the

work is to be carried out by the

consumer/client /institution /Govt.

Departments by following HVPNL

specification /guidelines and the same

1.5% of the

estimated cost of

such works.

(Further, if the

applicant chooses to

HVPNL

Memo no.

Ch-

24/DSO-

214/L-

Routine checking shall be done by licensee and no charges shall be levied on

the consumers for such routine checking. However, in case the checking is

done at the request of the consumer then the following charges shall be

leviable.

i) Capacitors at 230/

440 Voltage level

Rs.200 per visit - Rs.200 per visit

ii) Capacitors at 11

kV and above

Voltage level

Rs.400 per visit - Rs.400 per visit

iii) Checking of the

Transformer Oil

Rs.200 for first

sample and

RS.150 for every

additional sample

- Rs. 200 for first

sample and

Rs.150 for every

additional

sample

iv) Checking of

insulation

resistance of cables

and other

equipment

Rs. 300 per

cable/ equipment

- Rs.300 per

cable/

equipment

8 Shifting charges for

T/well

Rs.7000 per span

for new work and

erection charges

for use of old

material and

dismantlement

charges for old

site work

- Rs.12500 per

span for new

work and

erection charges

for use of old

material and

dismantlement

charges for old

site work

9 Application Form for new connection (if purchased from the licensee)

i) AP and DS

category

Rs.10/- - Rs.20/-

ii) HT category Rs.200/ - Rs.500/

iii) All other categories Rs.20/ - Rs.100/

of 50

is to be taken over by HVPNL (in case of

consumers for the purpose of drawl of

electricity only).

get the work done

on his own and in

case the service

connection charges

calculated as per

Annexure-I to

Regulation 4.8 of

HERC Regulation

no. HERC/34/ 2016

notified on

11.07.2016 are

more than the actual

cost of such works

which are to be

finally handed over

to the licensee, the

difference of the

service connection

charges and actual

cost would also be

paid by the

applicant)

154/Vol–

II

dated

12.5.2017

.

Note: In case the applicant requests for supply of electricity through an

independent feeder and the same is technically feasible as per Regulation

3.11 of HERC Regulation no. HERC/34/2016 notified on 11th July, 2016,

the charges of controlling equipment including circuit breaker, Bay (if to

be erected), CTs & PTs, Isolators, Line and Earth switch, Meter required at

the feeding sub-station, Electric Line up to the consumer end and the

Meter at consumer end shall be borne by the applicant. However, all the

charges as mentioned above will be intimated by the HVPNL to concerned

Distribution Utility (DISCOMs) for deposit of the same from the applicant

as consolidated cost.

The consumer seeking independent connection from HVPNL substation

shall approach the concerned office of DISCOM who in turn will approach

HVPNL for estimate of cost to be deposited for controlling equipment /bay

equipment to be installed at HVPNL Sub-station and get the same

deposited from the consumer. HVPNL will get the work executed only when

the amount is transferred by DISCOM to HVPNL.

2. Departmental charges on deposit works

a) Where existing line / structures etc. have

to be shifted on the request of the

consumer/client/institution /Govt.

Departments and work is to be carried

out departmentally.

10% HVPNL

Memo no.

Ch-16

/DST-

214/L-

154 dated

26.06.200

7

b) Where new/ augmentation work of

substation/bays etc. is to be carried out

on the request of the consumer

/client/institution/Govt. departments

and work is to be carried out

departmentally.

10%

c)

Where existing line /structure etc. have

to be shifted on the request of the

consumer/client/ institution/Govt.

6%

of 50

departments and work to be carried out

through turnkey contractor.

d) Where new/augmentation work of

substations/bays etc. is to be carried out

on the request of the consumer

/client/institution /Govt. departments

and work to be carried out through

turnkey contractor.

6%

e) Where the work is yet to be carried out

through turnkey basis, but the

client/institution/Govt. departments has

objection to the route of the line and

wants shifting to other place in his own

land.

6%

f) Where the work has been carried out by

the consumer /client /institution /Govt.

departments by following HVPNL

specification /guide lines and the same is

to be taken over by HVPNL (excluding

works at sr. no. 1 above).

4%

3. Charges for rerouting of existing overhead transmission lines with

substitution by EHV XLPE underground Cables

a) The applicant making request for

rerouting for substitution overhead lines

with the cable shall bear all expenses of

complete activity of the replacement of

overhead lines with EHV XLPE

underground cable.

All expenses of

complete activity

HVPNL

memo no.

Ch-27 /

DSO-

CETS-

589/L

dated

08.09.20

10

b) To ensure the continuity of supply the

applicant shall also bear the cost of one

extra operational cable per Circuit for the

immediate and emergent use in case of

failure of any of the cable.

All expenses

c) To ensure the cost of future maintenance

of the cable 5% of the total cost of

replacement should be added towards the

maintenance cost of the cable.

5% of the total cost

of replacement

B. Testing charges of M&P – CC Wing of HVPNL

The following testing charges including Man days and equipment hiring

charges for the year 2014-15 with an increment of 10% per annum for man

power and T&P charges from 2015-16 onwards to its stakeholders as per

HVPNL memo no. Ch-230/DSO-434/Vol-II/CCG-141/L dated 27.06.2014:-

1. Man days Rates :-

Sr.

no.

Category Man day rates for providing

testing services (Rs.)

1. AE/AEE 6800/-

2. JE-I/JE/Sr. Carrier Assistant 4400/-

3. Helper/Carrier Assistant 1800/-

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2. Daily hiring charges of the testing equipment (As applicable and

required):-

Sr.

No.

Equipment Rates per day (Rs.)

1. Distance Protection Testing Kit 5000/-

2. Testing equipment required to test the 11 kV

Panels etc.

3000/-

3. T/F testing kits (only for routine tests) 3000/-

4. Breaker testing kits including timer/contact

resistance etc.

3000/-

5. Tan Delta Kit 5000/-

6. Level meter & Oscillator meter for PLCC

equipment testing.

3000/-

Terms and conditions:-

1. TA/DA of the officer(s) /official(s) deputed for such works shall be

charged on actual basis as per Nigam’s Norms.

2. The transportation charges for carrying specialized equipment shall

be as per the rates in the estimate for the vehicle during period.

3. Income tax or any other tax, if applicable from time to time as per

Nigam’s Norms shall be borne by requisitioning utility/firm.

4. The service tax at the prevailing rate would be charged extra as per

the norms of Govt. of India.

8. Hon’ble APTEL in its ibid order held that the supervision charges, on the

works not to be taken over by HVPNL, as levyable and payable for the

services rendered by HVPNL in view of its duties performed under the Act

and fact that all works executed by the consumer will ultimately

connected to HVPNL transmission system. The Commission finds it

appropriate that such works/installations are to be inspected by HVPNL

being related to safety and security of Grid. Accordingly, the Commission

feels it appropriate to levy fixed charges for inspection of works not to be

handed over to the transmission licensee. The Commission vide its Order

dated 17.08.2011 notified General and Miscellaneous charges applicable

to distribution licensees, which provides for fixed charges for i) Testing

Consumer’s installation and ii) Testing charges of Transformers or other

equipment of consumer or private party. Making similar provision for

installation and testing of installation /equipments makes more sense

instead of supervision charges.

9. The Commission further noted the charges before energization of new

electrical installations under Regulation 43/32 of Central Electricity

Authority (Measures relating to Safety and Electric Supply) Regulations,

2010 provides for inspection of all such installations by the Electrical

Inspector. The charges prescribed by the CEI, Haryana Government for

inspection of electrical Installation and lines are as under:-

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Sr.

No.

Type of

Installation

Slab Fees (in Rs.)

1

Electrical Installation (except

line)

Upto 15 KVA ‐ 145/-

Above 15 KVA to 25 KVA

300/‐


580/‐


1440/‐

Above 500 KVA

to 1000 KVA 2880/‐

Above 1000

KVA.

2880/‐ + 60/‐ per additional 100 KVA or

part thereof

2 Electrical Line (Single Circuit)

Upto 2 Kilometer

290/‐

Above 2

Kilometer

290/‐ + 30/‐ per

additional 1Kilometer or part thereof.

10. The Charges for inspection of works/installations by HVPNL may be

prescribed on the lines as prescribed by the CEI, Government to

Haryana. Provision for mandating the maintenance of centralized

information of various services by the distribution licensee. It is felt that

distribution licensee in order to have transparency should host all kind

of information regarding its services be it status of electricity

connections, bill details etc.

11. Before finalizing the general and miscellaneous charges for various

services rendered by distribution licensees i.e. UHBVNL & DHBVNL and

transmission licensee i.e. HVPNL, the Commission held public

consultation on the draft discussion paper so as to have the benefit of

would like to hear the Comments of Haryana Power Utilities,

Stakeholders/ Organizations/ General Public, on the General and

Miscellaneous charges payable by the electricity consumers of Haryana.

12. The Commission issued a public notice inviting objections / comments

from the general public / Stakeholders and subsequently held public

hearing in the matter on 17.12.2018 in the Court Room of the

Commission.

13. Objections / Comments, on the draft discussion paper, were received

from the following parties:-

i) Shri R.K. Jain, Advisor Legal & Power, Panchkula - For and on behalf

of M/s Jindal Stainless (Hisar) limited, OP Jindal Marg, Hisar

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ii) Shri Pankaj Bhalotia

14. The objections filed by the aforesaid interveners are as under:-

Shri R.K. Jain PETITION NO. HERC/PRO-48 OF 2017 FILED BY

HVPN:

Recovery of inspection charges on transmission works executed by

consumers under ‘Self Execution Scheme’.

As on date there are no such charges approved by Hon’ble Commission

for the transmission works. Regulation 3.10 of “The Haryana Electricity

Regulatory Commission (Duty to supply electricity on request, Power to

recover expenditure incurred in providing supply and Power to require

security) Regulations, 2016” provides for recovery of supervision

charges by the licensee as follows:

3.10 Self Execution of work by the applicant The applicant can get the work of extension of distribution

system carried out on his own. In that case he shall get the same carried out through a Licensed Electrical Contractor and pay supervision charges to the licensee. In such case the consumer himself shall procure the material and equipment. The material and equipment procured shall conform to relevant BIS specifications or its international equivalent and should bear the ISI mark or its successor mark as provided by BIS, wherever applicable. The material procured and the design of the installation shall also conform to the standards and specifications of the distribution/transmission licensee. Provided that if the applicant chooses to get the work done on his

own, the licensee shall charge supervision charges at the rate of

1.5% of the estimated cost of such works as are to be finally

handed over to the distribution/transmission licensee or as

approved by the Commission.

There is apparent contradiction in the above language, which crept in while revising Regulation No. HERC/12/2005 and replacing with

Regulation No. HERC/34/2016. In the pre-revised Regulations such provision was under Reg. 4.9.1, which read as under,

4.9 Special Provisions in case Applicant opts for execution of

Extension of Distribution System at his own cost

4.9.1 The applicant can get the extension of distribution system

carried out through a Class – I licensed contractor provided

that the applicant pays supervision charges to the Licensee.

The Licensee shall charge supervision charges at the rate of

1.5% of estimated cost of such extension or as approved by

the Commission, prepared on the basis of standard cost

data book.

In both the cases the description is the “execution of extension of

Distribution System” and not the Transmission System. Moreover, it

is limited to the extension of distribution system.

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Another point to be appreciated is that this provision relates to the works which are finally to be handed over to the distribution/

transmission licensee.

This is rightly so, as if these works were not to be executed by the consumer, the licensee was to execute those and were a part of the overall network of the licensee. It is only for the sake of cutting the likely

delay in execution of these works by the licensee, the consumer opts to execute them at his own level and at his cost. Had these works been not executed by the consumer, then these works would be carried out

by the licensee as per its standard designs and using approved quality of material. In this eventuality the consumer would have paid the

estimated cost alongwith departmental charges involved in executing these works.

In both the scenarios the responsibility of the consumer is for the works done on behalf of the contractor and nothing for his own installations.

There are two major considerations,

(i) Technical compatibility with the licensee’s system,

(ii) Electrical safety.

While for the 1st requirement it is the licensee who is to make sure that

the system extension carried out by the consumer meets all the technical standards regarding, material used, constructing agency and

departmental supervision involved. At no stage the Licensee is involved for the construction/supervision of the installations within the premises and control of the consumer. The licensee is concerned with

the technical compatibility only upto the point of connection/point of supply. These two nomenclatures have been defined under Regulation 2.3 of the Haryana Electricity Regulatory Commission (Electricity

Supply Code) Regulations, 2014, which read as under,

(18) “connection point” means a point at which the consumer’s

installation and/or apparatus are connected to distribution

licensee’s distribution system;

(46) “point of supply” means the point at the incoming terminals

of switchgear installed by the consumer;

Thus the licensee’s concern terminates at the above defined points of the consumer installations. That is the reason why the Regulations

HERC/12/2005 and HERC/34/2016 mentioned specifically the words, “the estimated cost of such works as are to be finally

handed over to the distribution/ transmission licensee”. We may now look at the prevailing instructions of HVPN issued by Dy.

Secy./Tech. vide Memo. No. Ch.-16/DST-214/L-154 dated 26.06.2007 titled, ‘Levy of departmental charges on deposit estimates’

(Copy attached) which provides for levy of departmental charges @4% of the estimated cost and reads as under,

iv) Where the work has been carried out by the consumer/client/institution/ Govt. department by following HVPNL specifications/guidelines and the same are to be taken over by HVPNL.”

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There are two issues to be deliberated upon, i.e.

(i) works done by someone other than the licensee for licensee’s system as a deposit estimate, and

(ii) the work so carried out by the consumer/other person is to be taken over by the licensee.

It needs to be appreciated that these charges are only with reference to the works which are carried out under deposit estimates and nothing beyond that. At no stage there is any reference to the consumer’s own

installations beyond the ‘point of supply’ or ‘point of connection’. Hence there is no reason why the licensee may ask for the supervision charges

for installations which are not to be handed over to the licensee. The second consideration highlighted above is of safety of

equipment/human. This aspect is supervised/inspected by the Chief Electrical Inspector to State Government. For this service, there are

Inspection Charges specified by the CEI and are to be paid not only by the consumers but the licensees as well. The testing of metering & protection gear ends at the point of supply/metering and nothing

beyond it. Hence there is no justification of any charges being paid by the consumer to the licensee for installations which are not to form part of the licensee’s system and solely to remain part of the consumer’s own

installations.

As regards reference to order of Hon’ble APTEL in Appeal No. 282 of 2014, we need to examine it in depth. A simple reference does not justify the levy. Hon’ble Commission vide order dated 14.08.2014 in

Petition Nos. HERC/PRO-01, 03 & 18 decided as under,

4.7 Summary of findings: i) The recovery of supervision charges @ 4% (of the cost of works) from the Petitioners by the Respondent, HVPNL, where the works has been carried out by the Petitioners by following HVPNL’s specification/ guidelines and the same is to be taken over by HVPNL, is in order. ii) The recovery of supervision charges from the Petitioners for the exclusive works of the petitioner like 66 kV or 132 kV substations constructed at consumer end, which are not to be taken over by HVPNL, is wrong and is not in line with HVPNL’s own guidelines. The amount charged on this account from the Petitioners by the Respondent-1 i.e. HVPNL shall be refunded to the Petitioners. iii) The amount charged from the Petitioner (PRO-3 of 2014) towards operation and maintenance of 66 kV XLPE cable and terminations shall also be refunded by the Respondent-1 to the Petitioner.

We may go through the order passed by Hon’ble Tribunal in Appeal No.

282 of 2017 filed by HVPN against the above order of the State Commission. The relevant extracts from this order read as under,

ix. It is clear that the State Commission has erred in analysing the

issue in totality by relying only on circular dated 26.06.2007. It

failed to appreciate the Appellant’s circular dated 26.06.2007

as well as the detailed guidelines (Guidelines, 2012). The State

Commission has also not given any weightage to the provisions

of the Tripartite Agreement regarding payment of supervision/

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departmental charges. The charges have been levied by the

Appellant for the supervision/monitoring services provided by

the Appellant for the execution of these works as carried out by

the Respondent Nos.2-4.

The works carried out were actually supervised by the

Appellant and there is need that appropriate cost be recovered

by them.

x. From the above discussions, it can be concluded that the

supervision/ departmental charges levied by the Appellant on

the self-execution works of the consumers not to be taken over

by Appellant are leviable and payable for the services rendered

by the Appellant in view of its duties to be performed under the

Act as the Appellant being STU is responsible for the intrastate

transmission network in the state of Haryana and the fact that

all these works executed by the consumer will be ultimately

connected to the Appellant’s transmission system.

xi. We are in agreement with the contention of the Appellant on this

aspect of levy of supervision/ departmental charges from the

Respondent Nos. 2 - 4. Accordingly this issue is decided in

favour of the Appellant.

xii. The State Commission has already directed the Appellant to

submit the circular date 26.06.2007 along with all the relevant

details regarding levy of supervision/departmental charges

with justification for its review/ examination. The State

Commission is hereby directed to come up with appropriate

Regulations/Guidelines/ Directions for smooth execution of

such type of works in future.

In the above order there is clear concealment of facts by the Appellant and lack of proper explanation on behalf of the Respondents. We may

look at the following important facts,

i) What are the works covered under extension of

transmission/distribution system? ii) What are the works where consumer is given option for self-

execution?

iii) What is the intention behind issue of circular dated 26.06.2007 and subsequent Guidelines issued in 2012?

iv) The matter is left to be decided by the State Commission as per Para (xii) of the APTEL order.

Circular dated 26.06.2007 of HVPN (Copy attached) The very title of the circular is ‘Levy of departmental charges on

deposit estimates’. Then the works on which these charges are to be levied. The circular talks of the works covered under the term ‘Deposit Estimates’. Deposit works are those which are undertaken by the

licensee on behalf of the Consumer. This is also clear from the list of charges mentioned in the circular, which reads,

i)a Where existing line/structures etc. have to be shifted on the request of the consumer/client/institution/Govt. departments and works to be carried out departmentally;

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i)b Where new/augmentation work of substation/bays etc. is to be carried out on the request of the consumer/client/institution/Govt. departments and work is to be carried out departmentally;

ii)a Where existing line/structure etc. have to be shifted on the request of the consumer/client/institution/Govt. departments and work is to be carried out through turnkey contractor;

iii) Where the work is yet to be carried out on turnkey basis, but the consumer/client/institution/Govt. departments has objection to the route of the line and wants shifting to other place in his own land;

iv) Where the work has been carried out by the consumer/client/institution/ Govt. department by following HVPNL specifications/guidelines and the same are to be taken over by HVPNL.

All these works are relating to the licensee’s system and nowhere the

consumer’s own works. The option available to the consumer to allow the department or licensee to carry out the extension/alteration of the

licensee’s system against a deposit estimate where the licensee will execute these works either through its own staff or an authorized contractor or allow the consumer to get it done through a qualified

contractor.

Instructions issued on 25.04.2012 by HVPN (Copy attached): Again the title is ‘Detailed guidelines for self-execution of the deposit works’. Further the instructions talk about the

nature/category of works which are covered in the deposit estimates;

a) Creation of bays at HVPNL substations for independent feeders of different voltage ratings viz. 33kV to 132 kV;

b) Connectivity of bays at HVPN substations to the consumer substation with independent feeders through underground cable/overhead transmission lines;

c) Upgradation of conductor of existing transmission lines; d) Upgradation of power transformer with higher capacity of

existing HVPNL substations; e) Shifting of transmission lines/ re-routing of lines with

underground/overhead lines.

It would kindly be observed that deposit estimates are relating to the works connected with the installations of the licensee and nowhere

deal with the consumer’s own works. Accordingly, the departmental charges are leviable on the works to be done on the licensee’s

installations either by the licensee s as deposit work of the consumer or these are allowed to be done by the consumer as per designs/standards/guidelines/under supervision of the licensee.

Under no law/Regulations/instructions the installation of the electrical equipment within the premises of the consumer and for his

use comes under the preview of the licensee. Hence there is a clear misunderstanding of the facts and issue under

consideration and hence the licensee cannot charge any supervision charges for the works executed by the consumer beyond the point of connection/point of supply at his premises for his own exclusive use.

The only limited issue which is to be settled by the Hon’ble

Commission is to remove the existing contradiction in the supervision charges allowed to be recovered by licensee on deposit works @1.5%

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in line with that of rate fixed under Regulation 3.10 of HERC/34 of 2016 Regulations or as being charged by HVPN @4% as per circular

dated 26.06.2007.

In any case with the existing Regulation 4.7 of HERC/34 of 2016 all extensions/alterations in transmission system are to be borne by the licensee as a part of the ARR. The Regulation reads as under,

4.7 However, cost of augmentation of substation or creation of a new substation or cost of augmentation of the line feeding the substation from where the supply is to be given shall not form part of cost to be recovered from the consumer or collective body of consumers as per Regulation 4.6.

Hence the issue is to be decided in the light of the above existing

provision under the ibid Regulations.

1. Other Charges proposed by HVPN:

A. Inspection Charges for various works along with other general

and misc. charges for other services rendered by HVPNL:

1. Departmental charges on deposit

works carried out by the

consumer/client/institution/Govt.

Departments, which are ultimately

to be taken over by the licensee.

As per the present Reg. 4.7

of the HERC/34/2016

Regulations, the

consumer is not to bear

any expenses relating to

the works of HVPNL.

Hence this provision is

superfluous and may be

deleted.

2. Works executed by

consumer/client/institution/Govt.

Departments on the system of the

transmission licensee.

These are nothing but the

same which existed under

HVPNL Circular dated

26.06.2007. However, as

per the present Reg. 4.7 of

the HERC/34/2016

Regulations, the

consumer is not to bear

any expenses relating to

the works of HVPNL.

Hence this provision is

superfluous and may be

deleted.

3(a) Rerouting of transmission lines

with EHV XLPE u/g cables at

consumer request

Recovery of actual

expenses is justified if it is

for exclusive benefit of the

consumer and not

required on account of

consequential danger to

general public safety.

3(b) Provision for extra operational

cable

This is totally unjustified

unless licensee is also

providing double cables in

its system as a matter of

routine. Otherwise one

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extra core can be provided

in addition to normal three

single core cables at

consumer request.

3(c) Future maintenance cost of cable

laid by the consumer under 3(b)

above @ 5% of the cost of

replacement.

As per Reg. 4.10 of the

HERC/ 34/2016

Regulations, once the

work is done by the

consumer and system

handed over to the

licensee, its subsequent

O&M will be the

responsibility of the

licensee and it cannot ask

for any maintenance

charges. Therefore, it will

be contradicting the main

Regulations by making

such provision in the

Schedule of General and

Miscellaneous Charges.

The relevant Regulation

reads as under,

4.10 All equipment except

the meter (if supplied by

the applicant),

notwithstanding that

whole or a portion thereof

has been paid by the

consumer, upon

energisation, shall become

the property of the licensee

and the licensee shall

maintain the same without

claiming any operation and

maintenance expenses,

including replacement of

defective/damaged

material/equipment from

the consumer. Warranty

/Guarantee of such

equipment shall also stand

transferred to the licensee.

The distribution licensee

shall have the right to use

it for the supply of

electricity to any other

person by tapping or

otherwise except if such

supply is detrimental to the

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supply to the consumer

already connected

therewith and subject to

the provision under

Regulation 4.8.2 (iii).

In view of this provision

under the Regulations,

there is no need to make

this provision in proposed

charges.

B. Testing charges of M&P – CC Wings of HVPNL: The charges notified as per HVPN instructions dated 27.06.2014 are

not supported by any calculations/justification. It is suggested that the

Commission may kindly look into the background and determine its

own rates for such services being rendered to the consumers.

Otherwise, the consumers are free to get these services from any other

private party undertaking such jobs.

2. Other charges proposed for supervision of consumer works which

are not to be handed over to the licensee: It needs to be examined whether licensee carries out any supervision

on the consumer’s exclusive works. It is correct that the safety

consideration is to be looked into by the designated officer of the State

Government i.e. the Chief Electrical Inspector and other officers

working under him. Even that organization does not associate with the

erection of the consumer installations but checks these from safety

considerations on completion. The inspection charges are also

prescribed by the State Government.

It is worth appreciating that the CEI carries out the necessary safety

check for the installations of the licensee as well and licensee is not

competent to even carry out safety checks of its own works.

Accordingly, there is no justification to allow any non-existing

supervision charges on the exclusive works of the consumers. The

concern of the licensee is upto the ‘point of connection/point of supply’.

PETITION NO. HERC/PRO-45 OF 2017 FILED BY UHBVN:

3. Revision of General & Miscellaneous Charges levied by the Licensee:

Hon’ble Commission has determined the General & Misc. Charges first

as a part of the ARR for FY 2000-01 & Distribution Retail Tariff order

dated 22.12.2000 and thereafter vide order dated 17.08.2011. We need

to link the earlier orders to look at the escalation allowed in the gap of

11 years and now after 6 years.

Although Petition mentions the increase in WPI and CPI of 34.11%

which needs to be linked with the nature of services being provided by

the licensee i.e. is it a necessary part of licensee’s legal duty or any

special facility being provided to the consumers. Moreover, the services

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being provided by the licensee are not affected by the constituents of

CPI or WPI as these are a part of the normal services expected from the

licensee.

Petition also mentions about the comparative charges being levied in

Punjab. If the effort is to compare with other States then not only one

but other States should also be referred to. It would be unfair to link it

with Punjab when we are not comparing anything else with that State

in the manner of other charges. We may quote a few if desired by the

Hon’ble Commission during the Public Hearing.

Our specific comments on each of the proposed charge are as follows,

C. Schedule of General Charges

1. Application

processing charges

Processing of application for new electric

connection is a basic duty of the licensee

as such there is no justification to levy

these charges. In Dec. 2000 it was only

Rs.5 and max. Rs.200 and since 2011 it

was increased to Rs.50 and Rs.20,000

(100 times) respectively. The ceiling

amount needs to be reduced to Rs.1000

or so.

2(a) Meter installation

charges

Meter is the basic measuring

instrument for recording the energy

being sold to consumers and its

installation is the primary duty of the

licensee. As such there should not be

any charges for its installation.

2(b) Meter Inspection and

Testing charges

As long as the meter/metering

equipment belongs to licensee there

should not be any inspection/testing

charges as it the basic duty of the

licensee to maintain the meters in

perfect working condition. However,

licensee may charge a nominal amount

if it belongs to consumer. CTs/PT being

integral part of the metering equipment,

the total charges work out to Rs.1500 for

LT meter and Rs.4500 for HT meter,

which are very high.

2(c) Changing the meter

site at consumer’s

request

The proposed charges are double of

installation charges, which should not

be more than original installation

charges.

2(d) Meter resealing

charges

Sealing of meter is a function which does

not change with the type of consumer

except the number of seals used may be

different. Therefore, the charges may be

fixed keeping in view the number of

seals to be provided in each category of

connection.

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3 Reconnection

charges

We should appreciate the actual

function involved in reconnection. It is

similar to re-installation of meter. Hence

the charges should not be more than

original meter installation charges. For

a 3-phase connection the proposed

charges amount to Rs.5000 against the

meter installation charges of Rs.1000

proposed under 2(a).

4 Testing consumer’s

installation

There is no function like testing of

consumer installation by the licensee.

This is the duty of Chief Electrical

Inspector to Govt. Haryana, which is

paid before release of connection. Thus

these are redundant charges.

5. Meter reading Cards These cards were introduced for the

facility/confirmation of the visit of Meter

Reader. With meters shifted outside the

premises there is no need for such

facility. The Commission has rightly

observed that there is no such practice

and as such this should not figure under

the list of charges.

6. Supply of duplicate

copies of electricity

bills

With the outsourcing of billing function,

bills are generated at computer centers

and licensee should place the bills on

website so that any consumer could

generate his bill. Thus there is no need

for such charges.

7 Supply of duplicate

copy of demand

notice

These should also be placed on website

of licensee to facilitate the consumer to

download. Thus there is no need for any

charge for this service.

8. Review of electricity

bill

Why there be a need to review the bill

unless there is some arithmetic totaling

error or due to incorrect meter reading

or application of wrong tariff. As such

there is no need for any such charge for

the mistake of the licensee.

9 Meter security

charges

The narration in the body column is

correct. Licensee may notify the cost of

meters every year on official website

based on the average purchase cost in

the previous year and there is no need

to fix any number.

10 Cost of Meter Cup

Board (MCB)

MCB is installed by the licensee for the

safety/protection from mechanical

damage or tempering by unscrupulous

persons. Accordingly, there is no

justification to charge for this box.

11 Testing charges of

transformers or other

equipment of

Such services can be obtained by the

consumer from a third party as well.

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consumer or private

party

While fixing the rates we should align

these with the prevailing market rates.

D. Schedule of Miscellaneous Charges:

1. Meter Service

Charges/

meter/month

Before fixing any such charges, it is

necessary to verify whether any such

service is being provided by the

licensee to any consumer? The simple

answer to this query is in the negative.

Accordingly there is no justification for

such charges on any category of

consumers. Hence these should be

withdrawn.

2. Line service Charges Rightly these are not there as there is

no concept of servicing any lines,

which are not owned by the licensee.

3. Service Connection

Charges

These are rightly covered under the

relevant Regulations and hence may be

deleted from here. 4. Advance Consumption

Deposit (ACD)

5. Capacitor Service

Charges

These could be there if any service is

being provided and not for charging

sake.

6. Administrative

Charges for

dishonored cheque

Already covered under Supply Code

and hence may be deleted from here.

7. Testing fee for

capacitor, transformer

oil and installation

resistance of

cable/other

equipment.

These are in order if these services are

provided at the request of the

consumer.

8. Shifting charges for

Tube well connection

We would propose that these should be

on actual basis instead of at any fixed

rate as the expenses will vary from site

to site and as per S.46 of the EA-2003,

licensee can recover only those

expenses reasonably incurred in

providing that service.

9. Application Form for

new connections if

purchased from the

licensee

The Application Form is not a simple

Form but it constitutes a legally

binding Agreement between the

licensee and the consumer. It has been

observed that the Forms printed by

private persons sometimes have

incorrect wordings and in some

contractual disputes such mistakes

lend the Parties in problem. Therefore,

it should be made mandatory that

these Forms have to supplied by the

licensee and cost included in the

Application processing charge.

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Rather these Forms should be placed

on website to stop malpractices by

unscrupulous vendors.

Shri Pankaj Bhalotia has submitted the following comments:

A — Schedule of General Charges

1. S. No. 9 - Meter Security Charges under

1.1 S No. 9 — Meter Security Charges under schedule of General

Charges says that when an electricity meter is installed by the

licensee, an amount equal to the cost of meter shall be charged

and recovered and in addition to that the licensee shall charge

meter rental with every bills as per rate approved by the

Commission." It further says that no charge and recovery of the

cost of meter and no meter rental if the meter is installed by the

consumer.

1.2 When the cost of meter is already charged and recovered by the

licensee. as a part of demand notice, is there a need to charge

meter rental as well with every bill. Is this meter rental does not

result into double levy, charge and recovery?

1.3 Further, it does not say how long a consumer is require to

continuously pay for meter rental with every bills. Is it for an

indefinite period and until the consumer is getting supply from

licensee. Will the consumer not end up paying more than what is

cost of a meter?

1.4 Why will one go for meter to be installed by the licensee, when

he/she has to pay much more than cost of the meter by not

installing the meter self? In both cases, the consumer has to bear

and pay for the cost of the meter.

B — Schedule of Miscellaneous Charges

2. S. No. 1 - Meter Service Charges

2.1 S. No. 1 — Meter Service Charges under schedule of

Miscellaneous Charges says that "when an electricity meter is

supplied by the licensee, and such meter is installed inside the

consumer premises or on a pole outside the consumer premises,

then only the consumer has to pay meter rental charges each

month as approved by the Commission."

It does not say when a meter is neither installed inside the

consumer premises nor on a pole outside the consumer

premises, in that situation what will be the charge of meter

service charges a consumer has to pay each month.

2.2 Further, as mentioned in point 1 above, by charging meter service

charges each month, is it not double/triple levy, charge and

recovery. What is logic and difference between meter rental (in S.

No 9) and meter service charge (in S. No. 1) and charging both

with each and every bill? Is it not double/triple charge and

recovery?

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2.3 Further, it does not say how long a consumer is require to

continuously pay for meter service charge every month. Is it for

an indefinite period and until the consumer is getting supply

from licensee. Will the consumer not end up paying more than

what is cost of a meter?

2.4 Appears that when a consumer opts for an electricity meter to be

provided and installed by the licensee, the consumer not only has

to pay cost of meter but also in addition to that has to pay meter

rental and meter service charges each month with every bills,

whereas when the consumer installed the electricity meter self,

he/she has to bear and pay for the cost of meter only

3. Applicability of GST and to be payable by consumer over and

above of these General and Miscellaneous Charges

3.1 The Commission should also clearly mention in this general and

miscellaneous charges for the various services rendered by the

distribution and transmission licensees that wherever applicable.

the consumer has to pay GST as per rate applicable over and

above of these General and Miscellaneous Charges to avoid any

ambiguity later on.

4. Charges applicable for a prepaid electricity meter

4.1 The Commission may consider and prescribe for such general

and miscellaneous charges as applicable for a prepaid electricity

meter as well.

4. Further, the Commission vide its Memo No. 5132-35/HERC/ Technical

dated 25/03/2019 again sought comments/suggestions from UHBVNL,

DHBVNL, HVPNL & HPGCL and also uploaded the same on its website.

5. The last date for submission of comments/suggestions was 08/04/2019.

6. Only UHBVNL vide its Memo No. Ch-12/SE/RA/N/F-194/Vol-II dated

10/04/2019 has submitted the following suggestions:

(a) Meter installation charges:- In meter installation charges, the combined

cost of 3 phase meters(with CT and PTs) have been prescribed i.e. for

LT/CT meter it is Rs.500/- and for HT CT/PT meter it is Rs.1000/-. We

have proposed to bifurcate the installation cost between meter, CTs and

PTs, as for extension of load only replacement of CT is required so other

costs are not to be taken. Similarly, in case of any individual item gets

defective, the cost of that item will only be taken. Therefore following

charges have been specified with respect to meter installation charges :-

2(a) Meter installation charges: The licensee shall recover meter

installation charges as per the following rates irrespective of the fact whether the meter have been supplied by the consumer or the licensee.

Single phase meter

Rs.150 per meter

Agreed to the proposal

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Three phase

meter

Rs.300 per

meter

Agreed to the proposal

Three phase meter

(with CTs and PTs)

LT meter – Rs.500/-

HT meter – Rs.1000/-

it is proposed as under:-

(a) Meter with in-built CT

[Prodigy meter] – Rs.600

(b) HT/LT Meter –Rs.300

(c) HT-CT- Rs.150 per CT and Rs.450 per set of

3. (d) HT-PT –Rs.250 (e) LT-CT –Rs.100 per CT

and Rs 400 for set of 4 LT-CT

(b) Meter Security Charges: - At present the meter security is being

collected from consumers, which is equivalent to the cost of meter. The

present regulation provides for meter rental in addition to the cost of

meter. The meter rental is additional burden and once the consumer has

paid the cost, there is no need of meter rentals. In other States like

Madhya Pradesh, Gujarat, West Bengal where cost of meter is taken

upfront no meter rental is taken i.e. either cost of meter is taken or meter

rent /hiring charges are taken. However, if consumer wants to pay cost

of meter in instalment, the same is allowed. In Haryana DISCOMs we have

already provided instalments for rural consumers up to 2kW.

Therefore, UHBVN has proposed that since meter will be provided by the

licensee after taking the cost of the meter, therefore, no meter rental/meter

service charges will be charged from the consumer.

In case of any special scheme for rural/ BPL consumers, the cost of meter may

be taken in instalments from the consumer which will be limited to single

phase 2 KW load.

No interest will be given on the cost of the meter supplied by the licensee as it

is not refundable.

(c) Testing charges of Transformers or other equipment of consumer or

private party:- In the testing charges following is proposed:-

(i) Clause-iii - With regard testing charges of 400 Amps circuit breaker

at 11 KV/33 KV, it is proposed that these charges should also be

applicable for VCB testing at HVPN substations also, wherein the

circuit breaker/VCB is required to be tested by HVPN. The charge

pertaining to VCB testing even at HVPN substation should form the

part of demand notice to the consumer issued by DISCOMs and the

consumer need not to pay the separate charge for VCB testing to

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HVPN, which at present is Rs 35000 plus and determined on case

to case basis.

(ii) Clause-iv (g) – Testing and calibration of 3 phase LT energy meter

with CT: - This clause be re-named as testing and calibration of

Prodigy meter having in-built CTs.

(iii) Clause-11 (iv (h) - Testing and calibration of HT/EHT metering

equipment (i) without CT and PT - This should be renamed as HT

/EHT Meter.

(iv) Clause-11 (iv (h) - Testing and calibration of HT/EHT metering

equipment (ii)- with CT/PT combined – This should be renamed as

combined CT/PT (combo unit)

(v) Clause-11 (iv (h) - Testing and calibration of HT/EHT metering

equipment (iii) This is a new clause, as the rate of PT testing as

Rs.1000 have been prescribed as these were not notified earlier and

at present Rs.1000 is being taken as testing charges of PT.

(vi) Clause-11 – remarks (ii) The charges of testing vans or trucks are

not to be taken, and this should form the part of testing charges or

covered in A&G expenses. If not considered, the applicant is

required to pay the charges manually and this will be against the

objective of faceless and cashless delivery of service.

(vii) Meter Service Charges (per meter/per month) –It has already

been proposed that when the meter has been provided by licensee

at the cost of the meter, in that case we will not charge rental,

therefore the provisions of meter service charges per meter per

month is not required and be deleted.

(viii) Shifting charges For Tube well – It is proposed to keep the charges

as Rs.12500 against provisions of Rs 7000 per span and revised

clause would be as under :-

Rs.12500 per span for new work and erection charges for use of old

material and dismantlement charges for old site work. However,

these charges are indicative and subject to adjustment (+/-) based

on the approved Cost Data Book for the relevant year.

(ix) General issues – All the charges of meter as detailed in regulations

will also be applicable for Net-meters of corresponding category i.e.

single phase, three phases, LT-CT, HT- etc.

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Proceedings: -

15. In the public hearing held on 17.12.2018 the intervener present mostly

reiterated the aforesaid objections. Hence, for the sake of brevity they are

not being reproduced here.

16. The Commission, while passing the present Order, has considered the

submissions of the Petitioner(s), objections filed by the Intervener on the

discussion papers and reply filed by the Nigam thereto.

17. (1) On the issue of Application Processing Charges Shri R.K. Jain

submitted that the same has been revised by more 100 times since 2011.

In its reply UHBVN has submitted that this charge was revised w.e.f.

July, 2016 and not 2011. Further, no change in this has been proposed.

The Commission has considered the submissions of both the parties

and observes that this charge in vogue shall continue without any

change. However, it is made clear that the maximum amount @

20,000 ought not to exceed in any circumstances whatsoever.

(2. a, b, c d) On the issue of Meter Installation charges and Meter

Inspection Charges, the intervener has submitted that these are basic

duty of the licensee, hence, there ought not to be any charge for its

installation and as long as the meter / metering equipment belongs to

the Licensee there should not be any inspection / testing charges as it is

the basic duty of the licensee to ensure that they are in perfect working

condition. It has been further submitted that the Licensee may charge a

nominal amount if the meter belongs to the Consumers the proposed

charges for Meters are very high i.e. Rs. 1500 for LT and Rs. 4500 for HT

meters. On this the Licensee replied that the installation charges are

levied one time which covers the cost of installation of the meter as the

same is not recovered under sale of power. Further, it has been

submitted that meter inspection charges is being recovered in line with

clause 5.6 of the HERC Supply Code and the same is refunded in case

the contention of the consumer is found to be correct. The Commission

has considered the rival submissions on this issue including those

on changing the meter site at consumer’s request which includes

dismantling and re-installing at a different site and observes that

the charges proposed are reasonable given the fact that since 2011

the general levels of cost in the Economy for all commodities, goods

and services have increased substantially. Further, the Commission

has considered the proposal of UHBVNL for bifurcating Three phase

meter (with CTs and PTs) Charges and including the charges for built-in

CTs at the rate of Rs. 600/- per meter and finds the proposal acceptable.

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(3) Reconnection Charges – It has been submitted by the Intervener

that the actual function involved in re-connection is similar to re-

installation of meter. Hence, the charges should not be more than the

original meter installation charges. Further, for 3 – phase connection the

proposed charges amount to Rs. 5000 against the meter installation

charges of Rs. 1000 proposed under 2(a). On this issue, it has been

submitted by the Nigam that re-connection has to go through several

stages i.e. removal of jumpers from the pole, physically removing meter

and returning the same to the Laboratory, monitoring accounts of the

delinquent consumer etc. Further, prior to ‘re-connection’ a new meter

or the same meter in case found in perfect condition is installed and

integrated with the system. Hence, the efforts involved are more than

double of merely installing a new meter at consumer’s premises. Thus,

the charges proposed are reasonable. The Commission has considered

the rival submissions and is inclined to agree with the Nigam that

the charges proposed are commensurate with the cost and effort.

Hence, the charges proposed on this account are approved.

(4) Testing Consumer’s Installation – The intervener herein has

submitted that there is no function like testing of installation which is

being done by the Chief Electrical Inspector, Haryana Govtt. While the

petitioner Nigam has submitted that there is a need to ensure that the

electricity is used for the purpose it has been sought by the consumer

and released by the Nigam as well as to ensure that necessary precaution

for protection of the LD system is in place. It has been further submitted

that the fee / charges recovered by the Chief Electrical Inspector are

deposited in the Govtt. Treasury and the distribution licensee do not

charge for this purpose. The Commission has considered the rival

contention on this issue. The Commission is of the considered view that

certain functions related to safety and security is performed by the Chief

Electrical Inspector and they may be recovering certain fee / charges

from the consumers. Thus, to avoid duplication the Nigam ought to co-

ordinate with the CEI regarding necessary protection of the LD System.

As far a consumer is concerned whether the amount recovered from her

/ him goes to the treasury or the Nigam is immaterial as his cost and

efforts increases. Hence, the Commission is not concerned with the

logic advanced by the Nigam on this account. Consequently, in order

to remove the duplication and efforts the Commission Orders that

there shall be no charges towards “Testing Consumer’s Installation”.

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Thus, the charges in vogue shall be discontinued from the date of

notification of these Regulations.

(5) Meter Reading Cards – Not in use, hence, shall be deleted from the

list of General and Miscellaneous charges.

(6) Supply of duplicate copies of electricity bills – The intervener

herein has objected to levy of any such charges and suggested that

electricity bills shall be hosted on the website so that any consumer can

download the same if required. Per contra the Nigam has argued that the

practice of making available the electricity bills on the website is already

in vogue, the proposed charges are for walk-in consumer as some time,

effort and costs are involved. The Commission has considered the

submissions of the intervener as well as reply of the Nigam. The

Commission is of the considered view that for one-time request for a

duplicate bill (of current charges) by a consumer there ought not to be

any charge as such. However, any further request shall be charged at Rs.

20/- per bill.

(7) Supply of Duplicate Copies of Demand Notice – The intervener

herein has submitted that the demand notice should be placed on the

website which can be downloaded by a consumer. While the Nigam has

submitted that new connections are online and the demand notice is also

available online. However, the proposed charges are for walk-in

consumer. The Commission has considered the submissions and is

of the considered view that in normal circumstances walk in

consumer ought not to be encouraged requesting for duplicate

demand notice which is already available online. Hence, there ought

not to be any such charge as proposed. Consequently, such charges

in vogue shall be discontinued from the date of notification of these

Regulations.

(8) Review of Electricity Bill – The intervener has submitted that there

ought not to be any need for any such review unless there is some

arithmetic totalling error or incorrect meter reading. On this issue

UHBVN has argued that such cases are extremely rare and often pertains

to sundry charges, arrears and prior period adjustments. At times

clarifications are sought by the consumers. The Commission has

considered the submissions and is of the considered view that any charge

reflected in the bill should be crystal clear including the head under

which the same is reflected. It is the duty of the Nigam to clarify in case

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a consumer has any doubt regarding any item reflected in the electricity

bills. Hence, from the date of notification of these Regulations there

shall be no charge to be paid for review of electricity bills. The Nigam

should work towards online interaction with a consumer to resolve

any doubts regarding billing / payments that a consumer might

have.

(9) Meter Security Charges-

Shri Pankaj Bhalotia has commented that the meter security charges

provides that when an electricity meter is installed by the licensee, an

amount equal to the cost of meter shall be charged and recovered and in

addition to that the licensee shall charge meter rental with every bills as

per rate approved by the Commission. It further provides that no charge

and recovery the cost of meter and no meter rental if the meter is installed

by the consumer. In conclusion the Intervener has submitted that the

present dispensation imposes levy / recovery of the same charge twice.

On this issue the Nigam has argued the meter security charge is

recovered as part of demand notice on which interest to the consumer is

paid / adjusted every year. This security amount is refunded to the

consumer on permanent disconnection. While the meter rental is levied

against the cost of the meter and associated equipments. Hence, meter

security and meter rentals are two different things, hence, the issue of

double charging does not arise. The Commission has considered the

submissions of the parties and observes that meter security (refundable

on permanent disconnection) and interest thereto payable by the Nigam

to the consumers are in line with the Duty to Supply Regulations notified

by the Commission. While the purpose of meter rental for the meter and

metering equipment is different i.e. to recover the cost as per the cost

data book for the relevant year. Hence, there is no overlapping between

the two as such. Hence, the Commission finds no merit in the contention

of the Intervener and agrees with the reply of the distribution licensee.

On similar other issues i.e., how long a consumer is required

continuously pay for meter rental with every bill etc. the Commission

agrees with the reply of the Nigam that a consumer has the liberty to

procure meters from empanelled firms, and get installed the meter on

which no security / rentals etc. are levied.

Further, UHBVNL has submitted that that since meter will be provided

by the licensee after taking the cost of the meter, therefore, no meter

rental/meter service charges will be charged from the consumer. In case

of any special scheme for rural/ BPL consumers, the cost of meter may

be taken in instalments from the consumer which will be limited to single

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phase 2 kW load. No interest will be given on the cost of the meter

supplied by the licensee as it is not refundable.

The Commission observes from Regulation 5.5 (1) (b), Regulation 5.7 and

Regulation 5.8 of The Haryana Electricity Regulatory Commission (Duty to

supply electricity on request, Power to recover expenditure incurred in

providing supply and Power to require security) Regulations, 2016, as

follows:

“5.5 Security Deposit

(b) The cost of electric meter that is to be provided for supplying electricity

to a premises.

…

5.7 Security for Electric Meter

In case the meter is supplied by the licensee, the licensee shall be entitled

to charge an amount as meter security which shall be recovered as part

of the demand notice. The amount of meter security shall be equal to the

cost of electric meter as stated in Cost Data Book for that year. In

addition, the licensee shall charge meter rental with every bill at the rate

approved by the Commission.

In case of connections where the meter has been procured by the

consumer, no security and meter rental shall be charged from the

consumer.

…

5.8 Interest on Security Deposit

5.8.1 The licensee shall pay interest to the consumer at the Bank rate as

determined by the Reserve Bank of India on 1st April of each year or more

as specified by the Commission payable annually on the consumer’s

security deposit. The interest accrued during the year shall be adjusted

in the consumer’s bill for the first billing cycle of the ensuing financial

year.”

In view of above Regulations, the cost of meter has to be deposited with the

Licensee and Licensee shall pay the interest on such cost.

Further, the same principle is also indicated in The Haryana Electricity

Regulatory Commission (Electricity Supply Code) Regulations, 2014, as

follows:

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“5.2.2 If the meter is supplied by the licensee, the licensee shall be

entitled to charge an amount as meter security which shall be recovered

as part of the demand notice. In addition, the licensee shall charge meter

rental with every bill at the rate approved by the Commission. In case of

connections where the meter has been procured by the consumer, no

security and meter rental shall be charged from the consumer.”

The Commission is of considered view that proposal of UHBVN is

contrary to the above mentioned Regulations.

The intervener has submitted that the licensee should notify the cost of

meter every year based on the average purchase cost of the previous year;

hence, there is no need to fix any number. On this issue UHBVN has

replied that the current information on the subject is available on the

Nigam’s website. The Commission has considered the submissions of the

parties and is inclined to agree with the Intervener that it would suffice

to mention that meter security charges shall be as per the cost data book

approved by the Commission as per the requirements of the relevant

Regulations notified by the Commission. The DISCOMs must submit cost

data book for approval of the Commission and make the same available

on its website. Putting any number in these Regulations will lead to

confusion as they may not match with the cost data book approved on a

yearly basis which may change from year to year. Also, amending

Regulations to keep the same aligned with the dynamic cost may not

always be possible considering the time required for procedural aspect.

However, there should not be any such charges in case the meter

has been provided by the consumer.

(10) Cost of Meter Cup Board (MCB) - The Commission has considered

the rival submission on this issue and observes that it would suffice to

mention that the same shall be as per the approved cost data book hosted

on the Nigam’s official website. Hence, there may not be any need to

affix a fixed amount in these Regulations. The Commission believes

that linking such costs to the approved cost data book will make it

dynamic and add to the transparency in levy of such charges.

(11) Testing Charges of Transformers or other Equipment of

consumer or private party – The intervener has submitted that such

services can be obtained by a consumer from third party as well. Further,

while fixing the rates it needs to be ensured that the same is aligned to

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the market rates. After due deliberations the Commission is of the

considered view that these charges, in vogue, shall continue.

The Commission in its Order dated 17/08/2011 has approved Rs. 800

as Testing Charges for Circuit Breaker 400 volts, 11KV and 33 KV:

General checking of breaker and testing of the tripping mechanism.

UHBVNL has proposed that these charges should also be applicable for

the CB/VCB required to be tested by HVPN at their sub stations wherein

these charges should form part of the demand notice of the consumer to

be issued by DISCOMs instead of demanding the changes from the

consumer separately. The Commission has considered the proposal of

UHBVNL.

Further, based on UHBVNL’s suggestions the Commission has modified

the Nomenclature of Testing & recalibration of three phase LT energy

meter with CT as Testing & recalibration of three phase LT energy meter

with built-in CTs (like Prodigy Meter).

Also, the Commission has considered the proposal of UHBVN and the

charges of testing vans or trucks are not levied as they form part of A&G

expenses under O&M Expenses in ARR.

(12) Meter Service Charges (per meter / month) – The intervener has

submitted that these charges ought to be withdrawn as there is no such

service provided by the Nigam to any category of consumer. While Nigam,

on this issue, has submitted that these are basically rentals for capital

investment made in purchasing the meters for the consumers. The

Commission has considered the rival submissions and is inclined to

agree with the Nigam that these charges are justified in case the meter

has been purchased / supplied and installed by the Nigam. Hence, the

charges, as proposed, are reasonable given the general rise in price

level and accordingly approved.

(13) Testing Fee for Capacitor, transformer Oil and Insulation

Resistance of Cable / other- On these charges the intervener has

submitted that these are in order if the service is provided on the request

of the consumer. The Commission has considered the submission and

observes that the Nigam has also confirmed that these charges are

levied if there is a request from a consumer. Hence, the charges

proposed towards these are approved.

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(14) Shifting Charges for tubewell connection – The intervener has

suggested that these should be on the actual basis instead of the fixed

rate as the expenses will vary from site to site and as per Section 46 of

the Electricity Act, 2003, the licensee can recover only those expenses

that are reasonably incurred in providing that service. On this issue the

Nigam has submitted that the proposed charges have been computed on

the basis of the actual cost incurred. UHBVNL has proposed these

charges as Rs. 12,500 against provisions of Rs 7000 per span.

The Commission is of considered view that these charges be

modified as Rs. 10,000 / span for new work and erection charges for

use of old material and dismantling charges for old site, ought to be

left unchanged. However, it needs to be qualified that these charges

are indicative and subject to adjustments (+/-) based on the

approved cost data book for the relevant year.

(15) Application form for new connection if purchased – The

intervener has submitted that the application form is not a simple form

but a legally binding agreement. The form printed and procured from

private party contains lot of error / incorrect wordings etc. The Intervener

has suggested that it should be made mandatory to use the form

supplied by the Licensee and the cost included in the Application

processing charges. Additionally, these forms should be placed on the

website to stop malpractice. To this the Nigam has replied that

applications for new connections are being taken online through online

portal. All the forms can be downloaded from the Nigam’s portal. The

Commission has considered the submissions of the parties and observes,

from the submission of the Nigam, that the entire process of new

connections has been made online; hence, the concern regarding

malpractice raised by the Intervener is allayed. The revised proposed

charges on this account are reasonable and the same is approved as

such.

(16) Objections filed by M/s Jindal Stainless Ltd. (Hisar) – PRO 48/2017

and HVPNL’S thereto.

1. Recovery of inspection charges on transmission works executed

by Consumers under self execution scheme.

The observation that “there is apparent contradiction in the revised

Regulation number HERC/34/2016 and the earlier Regulation number

HERC/12/2005 is irrational belief of the objector. The new Regulation

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is improvement over the earlier Regulation and was modified to cover the

services of the transmission licensee also under the Regulation.

The observation that these Regulations relates to the works which are

finally to be handed over to the distribution / transmission licensee is

totally misplaced. In this regard, the licensee wants to draw attention

towards central electricity authority notification dated 20.9.2010.

Clause-13 and 14 of the ibid Regulation clearly cast duty on

transmission / distribution licensees to ensure that all electrical supply

lines, wires, fittings, and apparatus belonging to him or under his control

which are on a consumer premises are in a safe condition and in all

respects fit for supplying electricity and the supplier shall take

precautions to avoid danger arising on such premises from such supply

lines, wire, fittings, and apparatus. The Regulation further provides that

the consumer shall also ensures that the installations under his control

is maintained in safe condition. Similarly, the Regulations provides that

every electric supply line other than the earthed and earthed neutral

conductor of the system shall be protected by a suitable switchgear by

its owner.

The licensee is responsible for the safe custody of the transmission

network of the State and once a substation in the premises of consumers

is connected with the overall transmission network of the licensee it is

the liability of the licensee to ensure avoiding any threat which can be

caused by the installation at consumer premises even if it is not owned

by the licensee. An installation which is not adhering to the safety and

protection standard can cause potential threat to the network of the

licensee and can jeopardize the interests of stakeholders of the State

connected to the grid.

For the reasons mentioned above, the licensee is providing following

services to the consumer during the construction of the substation by

the consumers at its own premises.

i) The approval of the construction of substation at consumer

premises is given by the planning wing of licensee before the start

of the construction.

ii) The GELO is finalized by Design wing of MM of the licensee.

iii) The Design wing also approves the equipment specification for

major equipment.

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iv) Major testing at Substation is done by the consumer in the

presence of M&P staff of HVPNL in accordance with the self-

execution guidelines of HVPNL for protection of major equipment

at HVPNL end.

Thus, the supervision charges proposed on sub stations owned by

consumers at its own premises is bonafide and is recovery of services

being provided to the consumers. In this regard, the attention is invited

towards Hon’ble APTEL decision in Appeal No. 282 of 2014. The relevant

portion of the judgment is as follows:-

“From the above discussions, it can be concluded that the supervision/

departmental charges levied by the appellant on the self execution

work of the consumers not to be taken over by the Appellant are livable

and payable for the services rendered by the Appellant in view of its

duties to be performed under the act as the Appellant being STU is

responsible for the intra State Transmission Network in the State of

Haryana and the fact that all these works executed by the consumers

will be ultimately connected to the Appellant’s.”

From the above decision of the Apex body it is clear that in discharge of

the statutory liability of STU, the licensee has to ensure that any

component which is connected to the State network should be adhering

to the safety standards. In discharge of these duties, the licensee is

providing various services to the consumer and as such the charge for

service rendered is bonafide. It will not make any difference whether the

substation is handed over to the licensee or not. The licensee is of the

view that the decisions of the apex body should be honored in totality.

The Hon’ble APTEL has given the reasoning behind its judgment and it

has nothing to do with ‘concealment of facts’ by Appellant or ‘lack of

proper explanation by the respondent.’

The Commission has considered the submissions of the parties and also

referred to the judgement (Supra.) passed by the Hon’ble APTEL. At the

onset the Commission observes that the case laws emanating from the

judgements of the Hon’ble APTEL and the Hon’ble Supreme Court are

binding unless and until the present case can be differentiated based on

facts and circumstances. The Commission notes that in the present

matter the Hon’ble APTEL framed specific issues as under:

“Whether the Appellant was acting in accordance with the Electricity Act and its various circulars and guidelines while collecting supervision charges from the consumers?”

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On the aforesaid issue, after due deliberations, the Hon’ble APTEL held that, “ We are in agreement with the contention of the Appellant on this aspect of levy of supervision/ departmental charges from the RespondentNos.2 - 4. Accordingly this issue is decided in favour of the Appellant”

Further, on the issue of “Whether in respect of supervision charges, any

differentiation can be made between works to be taken over by the

Appellant and the exclusive works of Respondent Nos. 2- 4, in view of the

Electricity Act and the Appeal No.282 of 2014 Duty to supply electricity

on request, power to recover expenditure incurred in providing supply

Regulations, 2005?, on the Hon’ble APTEL held that, “From the above it

can be seen that in respect of levy of the differentiation between works to

be taken over by the Appellant and the exclusive works of Respondent

Nos. 2 - 4 depends on the Regulations which State Commission makes

after due consultative process under appropriate section of the Electricity

Act, 2003”

It is apparent that levy of supervision charges / departmental charges

are recoverable form the consumers. Prima facie the Commission is of

the view that these charges ought to be recovered from the consumer,

opting for self execution, only on that portion of the assets that are to be

taken over by the licensee. However, as these charges relates to a

different set of Regulations, the same, as also held by the Hon’ble APTEL,

shall be dealt with while amending the same.

Recovery of supervision charges from the consumers on sub stations

being owned by them where statutory defined services are provided by

the licensee are not covered under Clause 4.7 of HERC Regulation no. 34

of 2016. These are consumer specific services and should not be

recovered in ARR to be borne by other consumers of the State which are

not beneficiary to such services. Other Charges indicated by HVPN are

dealt as follows:

1. Departmental charges on deposit work ultimately to be taken over by

the licensee.

The objector has not given any reasoning for non-levy of the charges. It

has been only mentioned that the consumer is not to bear any expenses

relating to the works of HVPNL. Whereas the APTEL in ibid decision has

laid down the basic principle that wherever the licensee has to render any

services in performance of its duties as STU under the Act, the charges

are payable to the licensee.

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The Commission observes that the points a, b & c mentioned by HVPN are

not relevant with these Regulations and are dealt appropriately in The

Haryana Electricity Regulatory Commission (Duty to supply electricity on

request, Power to recover expenditure incurred in providing supply and

Power to require security) Regulations, 2016:

“

a) Further, if the applicant chooses to get the work done on his own and in

case the service connection charges calculated as per Annexure-I to

Regulation 4.8 of HERC Regulation no. HERC/34/ 2016 notified on

11.07.2016 are more than the actual cost of such works which are to be

finally handed over to the licensee, the difference of the service

connection charges and actual cost would also be paid by the applicant

b) In case the applicant requests for supply of electricity through an

independent feeder and the same is technically feasible as per

Regulation 3.11 of HERC Regulation no. HERC/34/2016 notified on

11th July, 2016, the charges of controlling equipment including circuit

breaker, Bay (if to be erected), CTs & PTs, Isolators, Line and Earth

switch, Meter required at the feeding sub-station, Electric Line up to the

consumer end and the Meter at consumer end shall be borne by the

applicant. However, all the charges as mentioned above will be

intimated by the HVPNL to concerned Distribution Utility (DISCOMs) for

deposit of the same from the applicant as consolidated cost.

c) The consumer seeking independent connection from HVPNL substation

shall approach the concerned office of DISCOM who in turn will approach

HVPNL for estimate of cost to be deposited for controlling equipment

/bay equipment to be installed at HVPNL Sub-station and get the same

deposited from the consumer. HVPNL will get the work executed only

when the amount is transferred by DISCOM to HVPNL.”

2. Works executed by consumer on the system of the transmission

licensee.

Similar to Point No. 1.

3. Provision of extra operational cable in case of re-routing of lines

with underground cable at consumer request.

The objector has justified the recovery of actual expenses but has

objected on providing double cable in its system. The observation is

totally misplaced. Providing of extra cable is necessary for reliable

operation of the transmission system.

4. Future maintenance cost @ 5%.

The Commission observes that Hon’ble APTEL vide its judgement in

Appeal No. 282/2014 dtd. 19/01/2017 that it has upheld the views

of the Commission regarding non-levy of O&M charges on the works

which are taken over by the STU as follows:

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“ix. We agree with the view of the State Commission that the O&M

cost of the said works which are taken over by the Appellant is duly

taken care of in the Annual Revenue Requirements (ARR) of the

Appellant and hence levying O&M charges by the Appellant on

Respondent No. 3, in our view is not in order. On this aspect the

Impugned Order of the State Commission is upheld.

x. Accordingly this issue is decided against the Appellant.”

Therefore, the Commission has not considered these charges.

The Commission has also approved Man days and equipment hiring charges

for FY 2019-20 with an increment of 5% p.a. on these charges instead of 10%

p.a. as proposed by the Transmission Licensee.

Commission further feels the necessity of specifying the inspection charges

for the works of The Commission. wherein Licensee has to only witness the

testing whereas testing has to be done by 3rd party, for the sub-stations up

to 132kV and above 132kV voltage level which are the exclusive works of the

consumer and are not be handed over to the Licensee and approves the

inspection charges as under: -

Inspection Charges, for the exclusive works of the consumer which are

not to be handed over to the Licensee and wherein Licensee has to only

witness the testing to be done by 3rd party, for the sub-stations upto 132kV

and above 132kV voltage level shall be Rs. 25,000/- and Rs. 50,000/-

respectively

The Inspection Charges for the electric lines which are not be handed over to

the Licensee shall be Rs. 10,000/-

In terms of the above decisions on each component of the General and

Miscellaneous charges, the same has been amended. The General and

Miscellaneous charges, from the date of notification of these Regulations shall

be as per Annexure – A of the present Order.

This order is signed, dated and issued by the Haryana Electricity Regulatory

Commission on 30.04.2019.

Date: 30.04.2019 (Pravindra Singh Chauhan) (Jagjeet Singh)

Place: Panchkula Member Chairman

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ANNEXURE-A

DISTRIBUTION LICENSEE

Schedule of General and Miscellaneous charges applicable w.e.f. ___________ (As per the Haryana Electricity Regulatory Commission’s Order dated __________)

Sr. No.

Description Charges Approved by the Commission

A-SCHEDULE OF GENERAL CHARGES

1

APPLICATION PROCESSING CHARGES

Connected load Application processing fee

Up to 2 kW Rs.50/-

Above 2 kW Rs.25 per kW or part thereof subject to the max. of

Rs.20,000/-

2a

METER INSTALLATION CHARGES

The licensee shall recover meter installation Charges as per the following rates irrespective of the fact whether the meter have been supplied by the consumer or the licensee.

Single phase meter Rs.150 per meter

Three phase meter Rs.300 per meter

Three phase meter (with CTs and PTs)

1) HT/LT Meter: – Rs.300 per meter 2) Meter with built-in CTs: – Rs.600 per meter 3) LT -CT: – Rs. 100 each CT and Rs 400 for a set of four

LT-CTs 4) HT-CT: - Rs.150 per CT and Rs.450 per set of four CTs 5) HT-PT: – Rs.250 per PT

2b

METER INSPECTION & TESTING CHARGES

If the correctness of a meter is challenged by the consumer:

(i) Single Phase Rs. 100/- per meter

(ii) 3-phase whole current i.e., without CT. Rs. 200/- per meter

(iii) LT/ CT meter Rs. 750/- per meter

(iv) HT & EHT meter Rs. 1500/- per meter

(v) LT CTs only Rs. 750/set

(vi) HT CTs (11kV) only Rs. 1500/set

(vii) HT PTs (11 kV) only Rs. 1500/-

Note: If the challenged meter is found to be incorrect the inspection and testing Charges will be refunded to the consumer, otherwise these will be forfeited.

2c

Changing the Meter or its position in the same premises at the request of the consumer when no additional material is required.

No Charges shall be levied if the meter is re-located by the licensee:-

(i) Single phase Rs. 200/- per meter

(ii) 3-phase whole current i.e. without CT. Rs. 300/- per meter

(iii) L.T. meter with CTs Rs. 1000/- per meter

(iv) H.T. & E.H.T metering equipment. Rs. 2000/- per meter

2d

RE-SEALING CHARGES WHERE SEALS ARE FOUND BROKEN

(i) Meter cupboard Rs.50/-

(ii) Where cut-out is independently sealed Rs.50/-

(iii) Meter cover or Meter Terminal cover (Single Phase) Rs.100/-

(iv) Meter cover or Meter Terminal cover (3-Phase) Rs.250/-

(v) Maximum Demand Indicator or CT chamber Rs.550/-

(vi) P T fuses Rs.550/-

3 FUSE REPLACEMENT

Replacing Consumer's fuse Nil

4

RECONNECTION CHARGES

i) Domestic consumer 1-PH-Rs.100/-

3-PH-Rs. 300/-

ii) Non-Domestic consumer 1-PH-Rs.200/-

3-PH-Rs. 500/-

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Sr. No.


iii) A.P. consumer Rs. 500/-

iv) L.T. Industrial (upto 20 kW) Rs. 750/-

v) LT Industrial (above 20 kW) Rs. 2000/-

vi) H.T. Industrial consumer Rs. 5000/-

vii) Bulk Supply & Street Lighting consumer Rs. 3000/-

5

TESTING CONSUMER’S INSTALLATION

i)For initial testing of new installation or of any extension to an existing installation if the installation is found to be in order and the wiring contractor or his representative is present at the site.

Nil

ii)For initial or subsequent testing of a new installation or an extension to an existing installation if the installation is found to be defective or the wiring contractor or his representative fails to be present:

Nil

(a) Single Phase LT installation Nil

(b) Three Phase LT installation Nil

(c) Three Phase HT installation Nil

6

SUPPLY OF DUPLICATE COPIES OF ELECTRICITY BILLS

i) Domestic consumers

Nil for one-time request. Thereafter, Rs. 20/- per duplicate Bill

ii) Non-Domestic consumers

iii) L.T. Industrial (upto20 kW) & AP consumer

iv) L.T. Industrial (above 20 kW) & Street lighting consumer

v) H.T. Industrial & bulk supply consumer.

7

SUPPLY OF DUPLICATE COPIES OF DEMAND NOTICE

i) Domestic consumers

Nil

ii) Non-Domestic consumers

iii) L.T. Industrial (upto20 kW) & AP consumer

iv) L.T. Industrial (above 20 kW) & Street lighting consumer

v) H.T. Industrial & bulk supply consumer.

vi) Supply of detailed print out of meter recording

8

REVIEW OF ELECTRICITY BILL

If the accuracy of licensee’s bill is challenged by the consumer and a review of the bill is demanded:

(i) Domestic, & AP consumers. Nil

(ii) Others

Note: If the bill is found to be incorrect, the credit of fee will be given to the consumer, otherwise it will be forfeited

9 METER SECURITY CHARGES

Shall be governed as per Regulations 5.5 (1) (b), 5.7 & 5.8 of The Haryana Electricity Regulatory Commission (Duty to supply electricity on request, Power to recover expenditure incurred in providing supply and Power to require security) Regulations, 2016 and Regulation 5.2.2 of The Haryana Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2014 and amendments thereof from time to time.

10

COST OF METER CUP BOARD (MCB)

i) Single Phase Meter

As per approved cost data book hosted on the DISCOM’s official website ii) Three Phase Meter

iii) 3-Ph- LT/CT

11 TESTING CHARGES OF TRANSFORMERS OR OTHER EQUIPMENT OF CONSUMER OR PRIVATE PARTY

Rs. 1100/- per relay

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Sr. No.


i) Protective Relays: Testing including current and time setting

ii) Power and Distribution Transformers:

a) Insulation resistance tests of winding Rs. 770/- per transformer

b) General checking of breather and other accessories Rs. 400/- per transformer

c) Dielectric strength test of oil Rs. 220/- per transformer

d) Testing of buchholz relay and temperature indicators functioning.

Rs. 800/- each

iii) Circuit Breaker 400 volts, 11kV and 33 kV: General checking of breaker and testing of the tripping mechanism and33 kV: General checking of breaker and testing of the tripping mechanism

Rs. 800/- each (These charges shall also be applicable for the CB/VCB required to be tested by HVPN at their sub stations. The charges shall form part of the demand notice of the consumer to be issued by DISCOMs instead of demanding the changes from the consumer separately.)

iv)Current transformer and potential transformer and meter: -

a) Testing of LT current transformer Rs. 165/- each

b) Testing of 3 phase LT current transformer Rs. 440/- each

c) Testing of 11 kV & 33 kV CT Rs. 550/- each

d) Testing of three phase 11 kV & 33 kV CT Rs. 1100/- each

e) Testing & recalibration of single-phase energy meter

Rs. 90/- per meter

f) Testing & recalibration of three phase LT energy meter without CT

Rs. 330/- per meter

g) Testing & recalibration of three phase LT energy meter with built-in CTs (like Prodigy Meter)

Rs. 660/- per meter

h) Testing & recalibration of HT / EHT metering equipment:-

(i) HT / EHT meter Rs. 2000/- per meter

(ii) a) CT/PT Combined Unit (Combo) Rs. 2500/- per unit

b) CTs only Rs. 500/- per CT or Rs. 1500/- per Set of 3 CTs

(iii) HT/EHT PT Rs. 1000/- per unit

i) Testing & recalibration of maximum demand indicator

Rs. 660/- per meter

j) Testing and adjustment of voltmeter/ ammeter Rs. 165/- each

v) Checking of capacitor (Other than initial checking on consumer’s request:-

a) 400 volts Rs. 110/- per job

b) 11 kV and above Rs. 110/- per job

vi) General: -

a) Dielectric strength of oil of various equipment Rs. 220/- per sample

b) Earth resistance test of substation Rs. 220/- per earth

c) Measurement of insulation resistance of cables/equipment’s

Rs. 220 per sample

Remarks:

i) The above Charges include the visiting charge of M&T staff as well.

ii) Test report on prescribed form will be issued by the S.D.O (Operation) / M&T lab, which will be produced by the applicant along with the wiring contractor’s test report.

iii) The insulation, earth and oil tests as well as general checking and inspections should be performed by the operation sub-division. Other tests requiring M&T lab facilities shall be arranged by the operation sub-division.

iv) Charges of meter as detailed herewith will also be applicable for Net-meters of corresponding category i.e., single phase, three phases, LT-CT, HT etc.

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Sr. No.


B - SCHEDULE OF MISCELLANEOUS CHARGES

1

METER SERVICE CHARGES (PER METER/ PER MONTH):

These Charges shall be leviable in case the meter has been supplied by the licensee and also that the meter is installed inside the consumer premises or on pole outside the consumer premises.

i) Single phase Meter Rs. 30/-

ii) Three phase Whole Current Meter Rs. 50/-

iii) Three phase C.T. Operated meter Rs. 200/-

iv) Three phase L.T. Tri-vector meter 3% of actual cost of meter (s) & metering equipment and

the installation of the same minimum Rs. 1000/-

v) H.T. Tri-vector meter 3% of actual cost of meter (s) & metering equipment and


vi) E.H.T. Tri-vector meter 3% of actual cost of meter (s) & metering equipment and


2 LINE SERVICE CHARGES (PER MONTH) Nil

3 SERVICE CONNECTION CHARGES

As per HERC (Duty to supply electricity on request, Power to recover expenditure incurred in providing supply and

Power to require security) Regulations, 2016 amended from time to time.

4 EXTENSION IN LOAD As per HERC (Electricity Supply Code) Regulations, 2014

amended from time to time.

5 ADVANCE CONSUMPTION DEPOSIT (ACD)

As per HERC (Duty to supply electricity on request, Power to recover expenditure incurred in providing supply and

Power to require security) Regulations, 2016 amended from time to time.

6 CAPACITOR SERVICE CHARGES (PER MONTH) NIL

7 ADMINISTRATION CHARGES FOR DISHONORED CHEQUE

As per HERC (Electricity Supply Code) Regulations, 2014 amended from time to time.

8

TESTING FEE FOR CAPACITOR, TRANSFORMER OIL AND INSULATION RESISTANCE OF CABLE/ OTHER EQUIPMENT

Routine checking shall be done by licensee and no Charges shall be levied on the consumers for such routine checking. However, in case the checking is done at the request of the consumer then the following Charges shall be leviable.

i) Capacitors at 230/ 440 Voltage level Rs.200 per visit

ii) Capacitors at 11 kV and above Voltage level Rs.400 per visit

iii) Checking of the Transformer Oil Rs. 200 for first sample and Rs.150 for every additional

sample

iv) Checking of insulation resistance of cables and other equipment

Rs.300 per cable/ equipment

9 SHIFTING CHARGES FOR TUBE WELL

Rs.10,000 per span for new work and erection Charges for use of old material and dismantlement Charges for old site work. However, these Charges are indicative and subject to adjustments (+/-) based on the approved cost data book for the relevant year.

10

APPLICATION FORM FOR NEW CONNECTION (IF PURCHASED FROM THE LICENSEE)

i) AP and DS category Rs.20/-

ii) HT category Rs.500/

iii) All other categories Rs.100/

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TRANSMISSION LICENSEE

Schedule of General and Miscellaneous charges applicable w.e.f. ____________ (As per the Haryana Electricity Regulatory Commission’s Order dated __________)

A. INSPECTION CHARGES FOR VARIOUS WORKS ALONG WITH OTHER GENERAL AND MISCELLANEOUS CHARGES FOR OTHER SERVICES TENDERED BY HVPNL

Sr. No.

Description of charges for various services Charges Approved by the Commission

1

The departmental charges for carrying out the supervision of the works where the works to be carried out by the consumer/client /institution /Govt. Departments as per HVPNL specification /guidelines and finally to be taken over by HVPNL (in case of consumers for the purpose of drawl of electricity only).

1.5% of the estimated cost of such works.

2 DEPARTMENTAL CHARGES ON DEPOSIT WORKS

a) Where existing line / structures etc. have to be shifted on the request of the consumer/client/institution /Govt. Departments and work is to be carried out departmentally.

10%

b) Where new/ augmentation work of substation/bays etc. is to be carried out on the request of the consumer /client/institution/Govt. departments and work is to be carried out departmentally.

10%

c) Where existing line /structure etc. have to be shifted on the request of the consumer/client/ institution/Govt. departments and work to be carried out through turnkey contractor.

6%

d) Where new/augmentation work of substations/bays etc. is to be carried out on the request of the consumer /client/institution /Govt. departments and work to be carried out through turnkey contractor.

6%

e) Where the work is yet to be carried out through turnkey basis, but the client/institution/Govt. departments has objection to the route of the line and wants shifting to other place in his own land.

6%

f)

Where the work has been carried out by the consumer /client /institution /Govt. departments by following HVPNL specification /guide lines and the same is to be taken over by HVPNL (excluding works at sr. no. 1 above).

4%

3 Charges for rerouting of existing overhead transmission lines with substitution by EHV XLPE underground Cables

a) The applicant making request for rerouting for substitution overhead lines with the cable shall bear all expenses of complete activity of the replacement of overhead lines with EHV XLPE underground cable.

The estimated cost as a deposited work of consumer inclusive of supervising

/departmental charges in line with Sr. No. 2 above.

Provided further that no O&M Charges for future maintenance of the underground cable shall be payable by the consumer.

b) To ensure the continuity of supply the applicant shall also bear the cost of one extra operational cable per Circuit for the immediate and emergent use in case of failure of any of the cable.

B. TESTING CHARGES OF M&P – CC WING OF HVPNL

The following testing charges including Man days and equipment hiring charges shall be applicable for FY 2019-20 with

an increment of 5% p.a. for services provided by M&P Engineering Staff and T&P charges including

supervision/departmental charges/inspection of works at the time of Commissioning on the consumers installation

which are not to be taken over by the Licensee.

I MAN DAYS RATES:-

Sr. no.

Category Man day rates for providing

testing services (Rs.) 1 AE/AEE 6800/- 2 JE-I/JE/Sr. Carrier Assistant 4400/- 3 Helper/Carrier Assistant 1800/-

II DAILY HIRING CHARGES OF THE TESTING EQUIPMENT (As applicable and required):-

Sr. No.

Equipment Rates per day (Rs.)

1 Distance Protection Testing Kit 5000/- 2 Testing equipment required to test the 11 kV Panels etc. 3000/- 3 T/F testing kits (only for routine tests) 3000/- 4 Breaker testing kits including timer/contact resistance etc. 3000/-

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5 Tan Delta Kit 5000/- 6 Level meter & Oscillator meter for PLCC equipment testing. 3000/-

(iii) INSPECTION CHARGES FOR EXCLUSIVE WORKS OF CONSUMERS

Inspection Charges, for the exclusive works of the consumer which are not to be handed over to the Licensee and wherein Licensee has to only witness the testing to be done by 3rd party, for the sub-stations up to 132kV and above 132kV voltage level shall be Rs. 25,000/- and Rs. 50,000/- respectively.

The Inspection Charges for the electric lines which are not be handed over to the Licensee shall be

Rs. 10,000/-.

Secretary

Haryana Electricity Regulatory Commission

134112, HARYANA Case No. HERC/PRO 45 o

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Transcript of 134112, HARYANA Case No. HERC/PRO 45 o