Service of notices and processes issued by the Commission

35. Any notice or process to be issued by the Commission may be served by any one or more of the following modes as maybe directed by the Commission—

1. service by the party itself;

2. by hand delivery through a messenger;

3. by registered post with acknowledgement due; and

4. by publication in newspaper in cases where the Commission is satisfied that it is not reasonably practicable to serve the notices, processes, etc. on any person in the manner mentioned above.

36. Every notice or process required to be served on or delivered to any person may be sent to the person or his agent empowered to accept service at the address furnished by him for service or at the place where the person or his agent ordinarily resides or carries on business or personally works for gain.

37. In the event any matter is pending before the Commissions and the person to be served has authorised an agent or representative to appear for or represent sent him or her in the matter, such agent or representative shall be deemed to be duly empowered to take service of the notices and processes on behalf of the party concerned in all matters and the service on such agent or representative shall be taken as due service on the person to be served.

38. Where a notice is served by a party to the Proceedings either in person or through registered post, an affidavit of service shall be filed by the party with the Commission giving, details of the date and manner of service of notices and processes.

39. Where any Petition is required to be advertised it shall be advertised within such time as the Commission may direct and, unless otherwise directed by the Commission, in one issue each of a daily newspaper in the English Language and two daily newspapers in Oriya language having circulation in the area specified by the Commission.

40. Save as otherwise provided in the Act or in the Regulations and subject to any direction which the Commission or the Secretary or the Officer designated for the purpose may give, the person moving the Commission for hearing namely the petitioner, applicant or any other person whom the Commission makes responsible for the conduct of the Proceedings shall arrange service of all notices, summons, and other processes and for advertisement and publication of notices and processes required to be served. The Commission may also effect service or give directions for effecting service in any other manner it considers appropriate. The Commission shall, however, be entitled to decide in each case the person(s) who shall bear the cost of such service and publications.

41. In default of compliance with the requirements of the Regulations or directions of the Commission as regards the service of notices, summons or processes or the advertisement and publication thereof the Commission may either dismiss the Petition or give such other further directions as it thinks fit.

42. No service or publication required to be done shall be deemed invalid by reason of any defect in the name or description of a person provided that the Commission is satisfied that such service is in other respects sufficient, and no proceeding shall be invalidated by reason of any defect or irregularity unless the Commission, on an objection taken, is of the opinion that substantial injustice has been caused by such defect or irregularity or there are otherwise sufficient reasons for doing so.

43. Each person to whom the notice of inquiry or the Petition is issued (hereinafter the respondent) who intends to oppose or support the Petition shall file the reply and the documents relied upon within such period and in such number of copies as may be fixed by the Commission. In the reply filed, the respondent shall specifically admit, deny or explain the facts stated in the notice of inquiry or the Petition and may also state such additional facts as he considers necessary for just decision of the case. The reply shall be signed and verified and supported by affidavit in the same manner as in the case of the Petition. The respondent shall also indicate whether he wishes to participate in the proceedings and be orally heard.

44. The respondent shall serve a copy of the reply along with the documents duly attested to be true copies on the petitioner or his authorised representative and file proof of such service with the office of the Commission at the time of filing the reply.

45. Where the respondent states additional facts as may be necessary for the just decision of the case, the Commission may allow the petitioner to file a rejoinder to the reply filed by the respondents. The procedure mentioned above for filing of the reply shall apply mutatis mutandis to the filing of the rejoinder.

46. (1) Every person who intends to file objection or comments in regard to a matter pending before the Commission pursuant to the advertisement and publication issued for the purpose (other than the persons to whom notices, processes, etc. have been issued calling for reply) shall deliver to an Officer designated by the Commission for the purpose the statement of the objection or comments with copies of the documents and evidence in support thereof within the time fixed for the purpose.

(2) The Commission may permit such person or persons as it may consider appropriate to participate in the Proceedings before the Commission if, on the report received from the Officer, the Commission considers that the participation of such person or persons will facilitate the Proceedings and the decision in the matter.

(3) Unless permitted by the Commission, the person filing objection or comments shall not be entitled to participate in the Proceedings. However, the Commission shall be entitled to take into account the objections and comments filed after giving such opportunity to the parties in the Proceedings as the Commission consider appropriate to deal with the objections and comments.

47. The Commission may determine the stages, manner the place and the time of the hearing of the matter as the Commission considers appropriate consistent with such specific timing requirements as are set forth in the Act.

48. (1) The Commission may decide the matter on the pleadings of the parties or may call for the parties to produce evidence by way of affidavit or lead oral evidence in the matter.

(2) If the Commission directs evidence of a party to be led by way of affidavit, the Commission may, as and when the Commission considers it to be necessary, grant an opportunity to the other party to cross-examine the deponent of the affidavit.

(3) The Commission may, if considered necessary or expedient, direct that the evidence of any of the parties be recorded by an Officer or person designated for the purpose by the Commission

(4) The Commissions may direct the parties to file written note of arguments or submissions in the matter.

49. The Commission may, at any time before passing orders on the matter, require the parties or any one or more of them or any other person whom the Commission considers appropriate to produce such documentary or other evidence as the Commission may consider necessary for the purpose of enabling it to pass orders.

50. The Commission may direct the summoning of the witnesses, discovery and production of any document or other material objects producible in evidence, requisition of any public record from any office, examinations by an Officer of the Commission the books, accounts or other documents or information in the custody or control of any person which the Commission considers relevant for the matter.

51. (1) At any stage of the proceedings the Commission shall be entitled to refer such issue or issues in the matter as it considers appropriate to persons including but not limited to, the Officers and consultants of the Commission whom the Commission considers as qualified to give expert advice or opinion.

(2) The Commission may nominate from time to time any person including, but not limited to, the Officers anti consultants to visit any place or places for inspection and report on the existence or status of the place or any facilities therein.

(3) The Commission, if it thinks fit, may direct the parties to appear before the persons designated in clause (1) or (2) above to present their respective views on the issues or matters referred to.

(4) The report or the opinion received from such person shall form a part of the record of the case and the parties shall be given the copies of the report or opinion given by the person designated by the Commission. The parties shall be entitled to file their version either in support or in opposition to the report or the opinion.

(5) The Commission shall duly take into account the report or the opinion given by the person the reply filed by the parties while deciding the matter and if considered necessary, the examination before the Commission of the person giving the report or the opinion:

Provided that the Commission shall not be bound by the report or the opinion given as conclusive.

52. Where, on the date fixed for hearing or any other date to which such hearing may be adjourned, any of the party or his authorized agent or representative does not appear when the matter is called for hearing, the Commission may, in its discretion, either dismiss the Petition for default when the petitioner or the person who moves the Commission for hearing is in default or proceed ex parte against the party in default and hear and decide the Petition.

53. Where a Petition is dismissed in default or decided ex parte, the Person aggrieved may file an application within 30 days from the date of such dismissal or being proceeded ex parte, as the case may be, for recall of the order passed, and the Commission may recall the order on such terms as it thinks fit, if the Commission is satisfied that there was sufficient cause for the non-appearance when the Petition was called for hearing.

54. The Commissions shall pass orders on the Petition and the Chairman and the Members of the Commission who heard the matter shall sign the orders,

55. The reasons given by the Commission in support of the orders, including those by the dissenting member, if any, shall form a part of the order and shall be available for inspection and supply of copies in accordance with these Regulations.

56. All orders and decisions is sued or communicated by the Commission shall be certified by the signature of the Secretary or an Officer empowered in this behalf by the Chairman and bear the official seal of the Commission.

57. All final orders of the Commission shall be communicated to the parties in the Proceeding under the signature of the Secretary or an officer empowered in this behalf by the Chairman or the Secretary.

58. Records of every Proceeding shall be open, as of right, to the inspection of the parties or their authorised representatives at any time either during the Proceeding or after the orders are passed, subject to payment of fee and complying with other terms the Commission may direct.

59. Records of every Proceeding, except those parts which for reasons specified by the Commission are confidential or privileged, shall be open to inspection by any person other than the parties to the Petition either during the Proceeding or after the orders have been passed, subject to such person complying with such terms as the Commissions may direct from time to time including in regard to time, place and manner of inspection and payment of fees.

60. Any person shall be entitled to obtain certified copies of the orders, decisions, directions and reasons in support thereof given by the Commission as well as the pleadings, papers and other parts of the records of the Commission to which he is entitled subject to payment of fee and complying with other terms which the Commission may direct.

CHAPTER III
ARBITRATION OF DISPUTES

61 The arbitration of disputes arising between the licensees under the Act or in respect of the matters specified in section 33 of the Act may be commenced by the Commission either on the application of any of the licensees concerned or persons concerned under section 33 of the Act

62. The Commission shall issue notice to the concerned licensees and in matters specified in Section 33 of the Act to such other person as the Commission considers appropriate to show cause as to why the disputes between the licensees or the matters as specified in the notice should not be adjudicated and settled through arbitration.

63. (1) The commission may, after hearing the parties to whom notices have been issued and if satisfied that no reason or cause has been shown against the proposed arbitration pass an order directing that the disputes or the matter be referred for adjudication and settlement through arbitration either by the Commission or by a person or persons to be nominated by the Commission

(2) If the Commission decides to refer the matter to arbitration by a person or persons other than the Commission the reference shall be:

1. to a sole arbitrator if the parties to the dispute agree on the name of the arbitrator; or

2. if the parties are unable to agree on the name to a sole arbitrator to be designated by the Commission or to three persons as the Commission may direct taking into account the nature of the disputes and the value involved and, if the decision is to refer to three arbitrators, one to be nominated by each of the parties to the dispute and the third arbitrator by the Commission:

Provided that if any of the parties fails to nominate the arbitrator or if any of the arbitrator nominated by the parties or the Commission fails or neglects to act or continue as arbitrator the Commission shall be entitled to nominate any other person in his place.

(3) The commission shall not nominate a person as arbitrator to whom any of the licensee or the other concerned person in the arbitration has a reasonable objection on grounds of possible bias or similar such reasons and the Commission considers the objection to be valid and justified.

64. In case the Commission acts as the arbitrator the procedure for adjudication and settlement to be followed shall be as far as possible the same as in the case of hearing before the Commissions provided for in Chapter II above.

65. In case the commission nominates an arbitrator or arbitrators to adjudicate and settle the dispute, such arbitrator or arbitrators may follow such procedure as they may consider appropriate, but consistent with the principles of natural justice and fair opportunity to be given to the parties to arbitration.

66. The arbitrator after hearing the parties shall pass a speaking award giving reasons for the decision on all issues arising for adjudication and forward the award to the Commission within such time as the Commission may specify.

67. The commission shall give notice of the award given by arbitrator or arbitrators appointed by the Commissions to the parties concerned and shall give an opportunity to the parties to file objection to the award and reply to the objections within such time As the commission may direct.

68. The commission shall proceed to hear the parties on the award. The procedure to be followed by the Commission shall be as far as possible the same as in the case of hearing before the Commissions provided for in Chapter II of these Regulations above, provided that. the hearing shall be confined to the objections raised to the award given by the arbitrator.

69. The Commission shall be entitled to pass appropriate orders as it thinks fit after giving an opportunity of hearing to the parties.

70. The cost of the arbitration, and proceedings before the Commission shall be borne by such parties and in such sums as the Commission may direct.

CHAPTER IV
SPECIAL MATTERS LICENCE

Application for licence

71. The Commission may, if considered appropriate, advertise in newspapers or otherwise notify in such other appropriate manner as the Commission may decide inviting applications for grant of licence.

72. The applications for transmission licence and supply licence shall be made in accordance with the provision of the Act and these regulations.

73. (1) Every application for a licence shall be signed by or on behalf of the applicant and addressed to such Officer as the Commission may designate in this behalf and it shall be accompanied by:

1. such number of copies as the Commission may direct, in print of the draft licence as proposed by the applicant with the name and address of the applicant and of his agent (if any) printed on the outside of the draft.

2. such number of copies as the commission may direct, each signed by the applicant, of maps of the proposed area of transmission or supply and, in the case of supply, of the streets or roads in which the supply of energy is to be made, which shall be so marked or colored as to define any portion of such area and streets or roads which are under the administrative control of any local authority and shall be on a scale:

1. of not less than 10 Cm. to a Km., or

2. if no such maps are available, of not less than that of the largest scale ordinance maps available, or

3. on such other scales as may be approved by the Commission.

3. a list of any local authorities invested with the administration of any portion of the area of supply;

4. an approximate statement describing any lands which the applicant proposes to acquire for the purpose of the licence and the means of such acquisition;

5. an approximate statement of the capital proposed to be expended in connection with the utility and such other particulars as the Commission may require;

6. a copy of the Memorandum and Articles of Association, Annual Accounts for the last three years or other similar documents as may be required;

7. a receipt for such processing fee, as the Commission may require.

Copies of maps and draft licence for public inspection

74. The applicant shall deposit at his own office and of his agents (if any) and at the office of every local authority invested with the administration of any portion of the proposed area of supply:

1. copies of the maps referred to in clause (1) (b) of Regulation 73 for public inspection, and

2. a sufficient number of copies of the draft licence to be furnished to all persons applying for them at a price not exceeding normal photocopying charges per copy

75. The draft licence shall contain the following particulars:

1. A short title descriptive of the proposed utility together with the address and description of the applicant and if the applicant is a company, the names of all the directors of the company

2. Type of licence applied for;

3. Locations of the proposed service area;

4. A description of the proposed area; and

5. Such other particulars as the Commission may specify.

Form of draft licence

76. The Commission may, from time to time, prescribe the form of licences to be issued and the licences may, with such variation as the circumstances of each case require, be used for the purposes of these Regulations.

77. On receipt of the application, the receiving Officer shall note thereon the date of its receipt and shall send to the applicant an acknowledgement stating the date of receipt.

78. The Commission or the Secretary or any Officer designated for the purpose may upon scrutiny of the application, require the applicant to furnish within a period to be specified by it such additional information or particulars or documents as considered necessary for the purpose of dealing with the application.

79. If the Commission finds the application to be complete and accompanied by the requisite information, particulars and documents and the applicant has complied with all the requirements for making the application and furnishing of information, particulars and documents, the Commission or the Secretary or the Officer designated for the purpose shall certify that the application is ready for being considered for grant of licence in accordance with the procedure provided in the Act.

80 (1) The applicant shall, within fourteen days from the date of the application publish notice of his application by public advertisement, and such advertisement shall publish such particulars as the Commission may specify.

(2) The advertisement shall be headed by a short title corresponding to that given at the head of the draft licence and shall give the addresses of the offices at which copies of maps therein referred to may be inspected and the copies of draft licence perused or purchased and shall state that every local authority, utility or person, desirous of making any representation with reference to the application to the Commission, may do so by letter addressed to such Officer as the Commission may designate in this behalf, within three months of the date of issue of the first advertisement.

81. The Commission may direct that notice of the application be served on the Central Government, the State Government, the local authority or any other authority or person or body as the Commission may direct in such other manner as the Commission may consider appropriate.

82. Any person who desires to have any amendment made in the draft licence shall deliver a statement of the amendment to the applicant and to such Officer as the Commission may designate in this behalf within the time allowed under section 15 (2) (b) (i) of the Act for the submission of representations referring to the application.

83. Any person intending to object to the grant of the licence shall file objection within the time and in the manner provided for in the Act, in these Regulations and as the Commission may direct. The objection shall be filed in the form of reply and the provisions of Chapter II dealing with reply shall apply to the filing of such objections.

84. The applicant shall apply for and obtain the no objection required from the Central Government in terms of Section 15 (2) (b) (ii) of the Act before the application can be placed for hearing by the Commission for grant of the licence.

85. If the applicant has duly a arranged for the publication of the notice of the intended application and the time for filing of the objection is over and after the applicant has furnished to the Commission the no objection, if any, required from the Central Government, the Commission may proceed to set the application for regular hearing

86. The Commission shall give the notice of inquiry or hearing to the applicant, the persons who had filed objections, the Central Government, the State Government and such other authority, person or body as the Commission considers appropriate.

87 (1) If any person objects to the grant of a licence applied for under the Act the Commission shall, if either the applicant or the objector so desires, cause a local inquiry to be held of which the notice in writing shall be given to both the applicant and the objector:

Provided that, the Commission may refuse such an inquiry if in its opinion the objection is of a trifling or vexatious nature.

(2) In case of such local inquiry a memorandum of results of the local inquiry made shall be prepared and shall be signed by the applicant, the Officer or person designated for the purpose and such other person as the Commission may direct.

88. The hearing on the application for grant of licence shill thereafter proceed as far as possible in the same manner as provided in chapter II.

89. After inquiry if any and the hearing, the Commission may decide to grant or refuse the licence and if it decides to grant the licence it may do so by approving the draft licence with such modification changes or additions and subject to such other terms and conditions as the Commission may direct.

90. When the commission has approved a draft licence either in its original form or in a modified form, such Officer as the Commission may designate in this behalf, shall inform the applicant of such approval and of the form in which it is proposed to grant the licence and the conditions to be satisfied by the applicant including the fees to be paid for the grant ant of the licence.

91. On receiving an intimation in writing from the applicant that he is willing to accept a licence in the form approved by the Commission and after the applicant satisfies the conditions specified for the grant of the licence, the Commission shall publish the licence or such part or gist thereof as the Commission considers appropriate.

92. The license shall commence from the date of its issue by the Commission.

93. When a licence has been granted, three sets of maps showing, as regards such licence, the particulars specified in Regulation 73 shall be signed and dated to correspond with the date of the notification of the grant of the licence by such Officer as the Commission may designate in this behalf. One set of such maps shall be retained as the deposited maps by the said Officer and the other two sets given to the licensee.

94 (1) Every person who is granted a licence shall within thirty days of the grant thereof:

1. have adequate number of copies of the licence printed;

2. have adequate number of maps prepared showing the area of supply specified in the licence

3. arrange to exhibit a copy of such licence and maps for public inspection at all reasonable times at his head office, at his local offices (if any) and at the office of every local authority within the area of supply.

(2) Every such licensee shall, within the aforesaid period of thirty days supply free of charge one copy of the licence and the relevant maps to every local authority within the area of supply and shall also make necessary arrangements for the sale of printed copies of the licence to all persons applying for the same, at a price not exceeding normal photocopying charges per copy.

95 (1) Every licensee shall cause the accounts of his utility to be made up to the thirty-first day of March each year.

(2) Such licensee shall prepare and render an annual statement of his accounts in accordance with the provisions of the Act, within a period of six months from the aforesaid date, or such extended period as the Commission may authorise after it is satisfied that the time allowed is insufficient owing to any cause beyond the control of the licensee and the statement shall be rendered in such numbers of copies as the Commission direct.

(3) The accounts shall be made up in such forms as the Commission may direct from time to time. All the forms shall be signed by the licensee or his accredited and duly authorised agent or manager

(4) The Commission may by special or general order direct that, in addition to the submission of the annual statements of accounts in the forms prescribed in sub-rule (3), a licensee shall submit to the Commission or such other authority as it may designate in this behalf such additional information as it may require for the purpose.

96 (1) The Commission may direct, from time to time, the model conditions of supply to be adopted by the licensee, with such variations as the Commission may direct and the licensee shall furnish to the Commission the finalised conditions of supply for approval.

(2) The licensee shall always keep in his office an adequate number of printed copies of the sanctioned conditions of supply and shall, on demand, sell such copies to any applicant at a price not exceeding normal photocopying charges.

97 (1) The Commission may pass such orders as it thinks fit in accordance with Sections 28 to 31 of the Act for the contravention or the likely contravention of the licence terms or conditions by the licensee.

(2) Subject to the provisions of Sections 28 to 31 of the Act and the procedure prescribed therein the Commission may follow as far as possible the general procedure prescribed in Chapter II of these Regulations in dealing with a Proceeding arising out of a contravention or likely contravention by a licensee

98. An exemption from licence under section 16 of the Act shall be granted consistent with the provisions of the Act and in accordance with the regulations framed by the Commission from time to time.

99. An application for exemption from the requirement to have a licence shall be made in the form prescribed for the purpose by the Commission, and the application shall contain such particulars and shall be accompanied by such documents as the Commission may direct. The application shall be supported by affidavit as provided in Chapter II of the Regulations.

100. Unless otherwise specified in writing by the Commission, each application for exemption be accompanied by a receipt for such processing fee as the Commission may require.

101. Unless otherwise specified in writing by the Commission, the procedure for grant of licence in so far it can be applied shall be followed while dealing with an application for exemption from requirement to have a licence. Provided that the applicant for exemption shall apply for and obtain the no objection required from the local authority and the supply licensee as well as the Central Government (if not excluded) in terms of Section 16(1) of the Act before the application is placed for hearing.

102. The Proceedings for revocation Of the licence or for passing of any other orders specified in Section 18 of the Act shall be initiated by an order passed by the Commission which the Commission may initiate suo moto or on application of the licensee or on receiving any complaint or information from any person.

103. The Commission may give notice of the Proceedings for the revocation of the licence to the licensee and to such other persons, authority or body as it may consider necessary.

104. Subject to the provisions of Sections 28 to 31 of the Act and the procedure prescribed therein, the inquiry by the Commission on the revocation of the licence in so far it is applicable, shall be in the same manner as provided in Chapter II of the Regulations:

Provided that the licensee shall be given not less than three months notice in writing to show cause against the proposed revocation and the notice to show cause issued to the licensee shall clearly state the grounds on which the Commission proposes to revoke the licence as Provided in Section 18 of the Act.

105. If the Commissions decides to revoke the licence, the Commission shall issue the notice of revocation on the licence specifying the effective date from which such revocation shall take effect The revocation of licence, shall be in such form as the Commissions may direct The Commission may, at its discretion order refund in part, the annual license fee in case of revocation of license.

106. The Commission may instead of revoking the licence pass any other Order imposing farther terms and conditions subject to which the licence is permitted to operate thereafter.

107. Application by the licensee or the local authority concert ed for alteration or an amendment to the terms and conditions of the licence granted in terms of Section 19 of the Act shall be made in such form as may be directed for the purpose by the Commission. The application shall be supported by affidavit as provided in Chapter II of the Regulations.

108. Unless otherwise specified in writing by the Commission each application for an amendment or alreration in the licence shall be accompanied by a receipt of such fee as the Commission may require, paid in the manner directed by the Commission.

109. Unless otherwise specified in writing by the Commissions, the procedure prescribed in these Regulations for grant of licence, in so far it can be applied. shall be followed while dealing with an application for amendment or alteration of the licence.

110. (1) The licensee shall file with the Commission in complete form copies of all Power Purchase Agreements already entered into by the licensee.

(2) The Commission shall be entitled to direct that the licensees shall establish to the satisfaction of the Commission that the purchase of power by the licensees is under a transparent power purchase procurement process and is economical and the power is necessary for the licensee to meet its service obligation.

(3) The licensee shall apply to the Commission to approve the draft Power Purchase agreement which the Licensee proposes to enter into. The Commission may pass orders:

1. approving the agreement; or

2. approving the agreement with modifications proposed to the terms of the agreement; or

3. rejecting the agreement.

(4) The provision of Clauses (2) and (3) above or any action taken therein shall not, in any manner, prejudice the exercise of functions and powers of the Commission under any of the other provisions of the Act, the Regulations and orders to be issued from time to time.

CHAPTER V
TARIFFS UNDER CHAPTER VIII OF THE ACT

111. The methodologies and procedures for calculating the expected revenue from charges and for determining the tariffs may be provided by the Commission from time to time. The Commission may at any time add, amend, alter, revise, substitute or otherwise change the methodologies and procedures as the Commission considers appropriate.

112. (1) The Commission may at any time, frame separate regulation to prescribe the terms and conditions of the determination of the licensee's revenue and tariffs in accordance with the provisions of sub-section (2) of Section 26 of the Act.

(2) Unless otherwise specified by the Commission, the terms and conditions of the determination of the licensees revenue and tariff shall include:

1. that the tariff allowed and the licensee's revenue permitted in any financial year in terms of sub-section (6) of Section 26 of the Act shall be subject to adjustments in any tariff to be fixed for the subsequent period if the Commission is satisfied for reasons to be recorded in writing that such adjustments for the excess amount or shortfall in the amount, actually realised is necessary, and the Commission is further satisfied that the same is not on account of any reason attributable to the licensee.

2. that, if a licensee desires any deviation from the factors mentioned in the Sixth Schedule to the Electricity Supply Act, 1948, the licensee shall give the justification for such request. The Commission may on its own also provide for deviation from the factors mentioned in the Sixth Schedule by giving reasons thereof in writing.

113. The Commissions may issue orders from time to time giving details of the manner in which the licensee's revenue and tariff will be determined consistent with the provisions of the Act and Regulations framed for the purpose.

114. (1) The licensee Shall provide to the Commission during the period between 15th December to 31st December every year the details of its calculation for the ensuing financial year of the expected aggregate revenue from charges which the licensee believes to have been permitted to recover in accordance with the terms of the licence.

(2) The details of the calculation of the expected aggregate revenue with such other information and particulars shall be furnished in such form as the Commission may direct from time to time.

(3) Not withstanding the above, the Commission shall be entitled to require the licensees to give such other or further information, particulars and documents as the Commission may consider appropriate to enable the Commission to asses the licensee's calculation.

(4) The licensee shall forthwith supply all the information, particulars and documents directed to be furnished by the Commission.

(5) In the event the licensee provides all the requisite information in accordance with the form provided by the Commission and furnishes all other or further information as the Commission may direct, the Commission shall notify the licensee of its decision in terms of sub-section (4) of Section 26 of the Act within the time set forth in the Act.

115. Unless otherwise specified by the Commissions, the fuel surcharge adjustment formula shall be as given below:

Actual fuel related costs in power purchased for the regular scheduled time period less the estimated fuel related costs in the power purchased for the same period, as per latest approved tariff application equals the revenue tile licensee shall be eligible to recover as fuel surcharge, over and above the revenue allowed in the latest approved tariff application.

The licensee shall, with prior approval of the Commission, levy a per unit fuel surcharge on the specified categories of consumers.

116. The licensee shall publish the tariff as required under sub-section (5) of Section 26 of the Act. The tariff published shall be in force until any amendment to the tariff is approved by the Commission and published.

117. All applications for amendment of tariff in terms of sub-section (6) of Section 26 of the Act shall be made in such form as the Commission may direct from time to time, and the provisions of Chapter II in so far as they are applicable shall apply to proceeding for amendment of tariffs.

CHAPTER VI
INVESTIGATION, INQUIRY, COLLECTION OF INFORMATION, ETC.

118. The Commission may make such order or orders as it thinks fit in terms of Section 10 of the Act for collection of information, inquiry, investigation, entry, search, seizure and without prejudice to the generality of its powers in regard to the following:

1. The Commission may, at any time, direct the Secretary or any one or more Officers or consultants or any other person as the Commission considers appropriate to study, investigate or furnish information with respect to any matter within the purview of the Commission under the Act.

2. The Commission may for the above purpose give such other directions as it may deem fit and specify the time within which the report is to be submitted or information furnished.

3. The Commission may issue or authorise the Secretary or an Officer to issue directions to any person to produce before it and allow to be examined and kept by an Officer of the Commission specified in this behalf the books, accounts, etc. or to furnish to an Officer information, etc. as provided in sub-section (2) of Section 10 of the Act.

4. The Commission may, for the purpose of collecting any information, particulars or documents which the Commission consider necessary in connection with the discharge of its functions under the Act, issue such directions and follow any one or more of the methods provided for in sub-section (1) of Section 10 of the Act.

5. If any such report or information obtained as specified in Section 10 of the Act or in these Regulations appears to the Commission to be insufficient or inadequate, the Commission or the Secretary or an Officer authorised for the purpose may give directions for further inquiry, report and furnishing of information.

6. The Commission may direct such incidental, consequential and supplemental matters be attended to which may be considered relevant in connection with the above

119. In connection with the discharge of the functions under Section 10 of the Act and Regulation 118, the Commission may, if it thinks fit, direct a notice of inquiry to be issued and proceed with the matter in a manner provided under Chapter II of these Regulations.

120. The Commission may, at any time, take the assistance of any institution, consultants, experts, engineers, chartered accountants, advocates, surveyors and such other technical and professional persons, as it may consider necessary, and ask them to study, investigate, inquire into any matter or issue and submit report or reports or furnish any information. The Commission may determine the terms and conditions for engagement of such professionals.

121. If the report or information obtained in terms of the above Regulations or any part thereof is proposed to be relied upon by the Commission forming its opinion or view in any Proceedings, the parties in the Proceedings shall be given a reasonable opportunity for filing objections and making submissions on the report or information.

CHAPTER VII
APPEAL UNDER SECTION 38

122. The Commission shall hear the appeal from the decision of the Electrical Inspector in the same manner as in the case of hearing before the Commission provided for in Chapter II above and if the Commission considers that the appeal has no merit, the Commission shall be entitled to dismiss the appeal at the preliminary admission stage as provided in Regulation 33 after giving an opportunity to the appellant concerned.

CHAPTER VIII
MISCELLANEOUS

Review of the decisions, directions and orders

123. (1) The Commission may on its own or on the application of any of the persons or parties concerned, within 90 days of the making of any decision direction or order, review such decision, directions or orders and pass such appropriate orders as the Commission thinks fit.

(2) An application for such review shall be filed in the same manner as a Petition under Chapter II of these regulations.

124. (1) Where in any Proceeding any of the parties to the Proceedings dies or is adjudicated as an insolvent or in the case of a Company under liquidation/winding up the proceedings shall continue with the successors-in-interest, the executor, administrator, receiver, liquidator or other legal representative of the party concerned

(2) The Commission may, for reasons to be recorded, treat the Proceedings as abated in case the Commission so directs and dispense with the need to bring the successors-in-interest etc., on the record of the ease.

(3) In case any person wishes to bring on record the successors-in-interest etc., the application for the purpose shall be filed within 90 days from the event requiring the successors-in-interest to come on record.

125. The Proceedings before the Commission shall be open to the public. However admission to the hearing room shall be subject to availability of sitting accommodation:

Provided that the Commission may, if it thinks fit, and for reason to be recorded in writing, order at any stage of the Proceedings of any particular case that the public generally or any particular person Or group of persons shall not have access to or be or remain in, the room or building used by the Commission.

126. (1) Where any application, petition, or other matter is required to be published under the Act or these Regulations or as per the directions of the Commission, it shall unless the Commission otherwise orders or the Act or Regulation otherwise provide, be advertised not less than 5 days before the date fixed for hearing.

(2) Except as otherwise provided, such advertisements shall give a heading describing the subject matter in brief.

(3) Such advertisement to be published shall be approved by the Officer Of the Commission designated for the purpose.

127. (1) Records of the Commission, except those parts which for reasons specified by the Commission are confidential or privileged, shall be open to inspection by all, subject to the payment of fee and complying with the terms as the Commission may direct.

(2) The Commission may, on such terms and conditions as the Commission considers appropriate, provide for the supply of the certified copies of the documents and papers available with the Commission to any person.

(3) The Commission may, by order, direct that any information, documents and other papers and materials produced before the Commission or any of its Officers, consultants, representatives or otherwise which may be, or come into, their possession or custody, shall be confidential or privileged and shall not be available for inspection or supply of copies, and the Commission may also direct that such document, papers or materials shall not be used in any manner except as specifically authorised by the Commission,

128. Subject to the provisions of the Act and these Regulations, the Commission may, from time to time, issue orders and practice directions in regard to the implementation of the Regulations and procedure to be followed and various matters which the Commission has been empowered by these Regulations to specify or direct.

129. Nothing in these Regulations shall be deemed to limit or otherwise affect the inherent power of the Commission to make such orders as may be necessary for ends of justice or to prevent the abuse of the process of the Commission.

130. Nothing in these Regulations shall bar the Commission from adopting in conformity with the provisions of the Act, a procedure, which is at variance with any of the provisions of these Regulations, if the Commission, in view of the special circumstances of a matter or class of matters and for reasons to be recorded in writing deems it necessary or expedient for dealing with such a matter or class of matters.

131. Nothing in these Regulations shall, expressly or impliedly. bar the Commission to deal with any matter or exercise any power under the Act for which no regulation have been framed, and the Commission may deal with such matters powers and functions in a manner it thinks fit.

132. The Commission may, at any time and on such terms as to costs or otherwise wise, as it may think fit, amend any defect or error in any Proceeding before it, and all necessary amendments shall be made for the purpose of determining the real question or issue arising in the Proceedings.

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

134. The Commission shall have the power, for reasons to be recorded in writing and with notice to the affected parties, dispense with the requirements of any of the Regulations in a specific case or cases subject to such terms and conditions as may be specified.

135. Subject to the provisions of the Act, the time prescribed by these regulations or by order of the Commission for doing any act may be extended (whether it has already expired or not) or abridged for sufficient reason by order of the Commission.

136. Failure to comply with any requirement of these Regulations shall not invalidate any Proceeding merely by reason of such failure unless the Commission is of the view that such failure has resulted in miscarriage of justice.

137. (1) Subject to such conditions and limitation as may be directed by the Commission. the cost of and incidental to all Proceedings shall be awarded at the discretion of the Commission and the Commission shall have full power to determine by whom or out of what funds and to what extent such costs are to be paid and give all necessary directions for the aforesaid purposes.

(2) The costs shall be paid within 30 days from the date of the order or within such time as the Commission may, by order, direct. The order of the Commission awarding costs shall be executed in the same manner as the decree /order of a Civil Court.

138. The Secretary shall ensure enforcement and compilance of the orders passed by the Commission, by the persons concerned in accordance with the provisions of the Act and Regulations and if necessary, may seek the orders of the Commission for directions.

By order of the Commission

Sd. (NARAYAN CHANDRA SAHU)
Secretary to Commission

FORM I

(See Regulation 22)

General Heading for Proceedings

BEFORE THE ORISSA ELECTRICITY REGULATORY COMMISSION KALYANI MARKET COMPLEX, BHUBANESWAR

FILING No.

CASE No.

(To be filled by the Office)

(Gist of the purpose of the Petition or application)

AND

(Names and full address of the petitioners /applicants and names and full addresses of the respondent)

FORM 2

(See regulation 23)

BEFORE THE ORISSA ELECTRICITY REGULATORY COMMISSION
KALYANI MARKET COMPLEX, BHUBANESWAR

FILING No.

CASE No.

(To be filled by the Office)

(Gist of the purpose of the Petition or application)

AND

(Names and full address of the petitioners/applicants and names and full addresses of the respondent)

Affidavit verifying the Petition/reply/application

I, AB, son of………..aged………residing at………do solemnly affirm and say as follows:

1. I am a Director/Secretary/…………of…………………Ltd. the petitioner in the above matter and am duly authorised by the said petitioner to make this affidavit on its behalf.

Note: This paragraph is to be included in cases where the petitioner is the Company.

2. The statement made in paragraphs……of the Petition herein now shown to me and marked with the letter 'A' are true to my knowledge and the statements made in paragraphs…….are based on information and I believe them to be true.

Solemnly affirm, etc.

Note; To be included when the affidavit is sworn to by any person other than a director, agent or secretary or other officer of the company.

ORDER