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NOTIFICATION

The 21st May, 1999

ORISSA ELECTRICITY REGULATORY COMMISSION 1 OF 1999

No.OERC/LAW/LD/REG-6/943 -- In exercise of the powers conferred on it by sub-section(2) of Section 9 and Section 54 of the Orissa Electricity Reform Act, 1995 (Act 2 of 1996) and all other powers enabling it in that behalf, and with a view to discharge the functions u/s 31 of the Orissa Electricity Reform Act, 1995, the Orissa Electricity Regulatory Commission do hereby makes the following Regulations: -

1.    (1) These Regulations may be called the Orissa Electricity Regulatory Commission (Fines & Charges) Regulations, 1999.
       (2) These shall come in to force from the date of their publication in the Official Gazette.
       (3) These shall extend to the State of Orissa.
       (4) The Orissa General Clauses Act, 1937 shall apply to the interpretation of these Regulations.

2.   In these Regulations unless the context otherwise requires, words or expression shall bear the same meaning as in The Orissa Electricity Reform Act, 1995 and Orissa Electricity Regulatory Commission (Conduct of Business) Regulations, 1996.

3.  Upon receiving a complaint from an affected party, or its own knowledge of facts, which prima facie constitute non-compliance or violation by a generating company, a licensee or other person of any provision or requirement of the Act or of any of the rules or regulations framed thereunder or any of the directions or orders of the Commission, the Commission may initiate a proceeding for imposition of fines and charges and award of compensation to persons affected.

4.  (1) If the Commission decides to proceed in the matter, a case shall be registered and a notice in Form - A, with suitable modification wherever necessary, shall be issued against the accused person(s) stating therein the substance of the allegation with specific reference to the non-compliance or violation and the accused person(s) shall be called upon to show cause within a reasonable time as to why fines or charges shall not be imposed on him.

    (2) Where the accused on appearance or without, admits the allegation by a memorandum in writing, the Commission shall record it and may impose fines or charges at its discretion in accordance with the Schedule to these Regulations and may also award compensation.

    (3) Where the accused does not admit the alleged non-compliance or violation, the Commission shall proceed to hear the case in accordance with the procedure laid down hereinafter.

5.  (1) On the date fixed in the notice for appearance, the Commission shall explain to the accused or his advocate or authorised representative, the non-compliance or violation alleged to have been committed by such person.

     (2) If any person to whom a notice in Form - A has been issued fails without reasonable excuse to appear before the Commission on the date fixed for hearing or any subsequent date to which the proceeding may  have been adjourned, the Commission may at its discretion proceed with the case in the absence of such person.

     (3) The Commission shall proceed to hear the complainant and take all such evidence, oral or documentary, or by way of affidavit, as may be produced in support of the case and take all such evidence as may be produced by the accused in his defence. Where the proceeding has been initiated upon information received by the Commission, it may direct any of its officers to act as complainant. The Commission shall not be bound to observe the provisions of The Indian Evidence Act, 1872.

    (4) The Commission may, at any stage of the proceeding under these Regulations, shall have the power to summon and enforce the attendance of any person who appears to be acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the Commission appears to be material or relevant to the subject matter of the proceeding.

6.  (1) If at the conclusion of any proceeding, the Commission is satisfied that the accused person(s) has become liable to fines or charges, it may by order in writing impose such fines or charges in accordance with the schedule and may also award compensation.

     (2) While determining the quantum of fines or charges, the Commission shall consider the following factors wherever applicable:-
                (a)   the nature and extent of non-compliance or violation,
                (b)   the amount of wrongful gain or unfair advantage derived as a result of the non-compliance or violation,
                (c)   the amount of loss or degree of harassment caused to any person(s) as a result of the non-compliance or   violation, and
                (d)   the repetitive nature of the non-compliance or violation.

7.  While passing an order under these Regulations, the Commission may award compensation to the complainant or affected party to be paid by the person found to have been guilty of the violation or non-compliance.

8.  The Commission may at its discretion allow a maximum period of 30 days for payment of fines or charges or compensation from the date of such order. The accused shall deposit the said amount of fines or charges or pay compensation to the affected parties within the period specified in the order and in default thereof, the same shall be recovered in accordance with Section 46 of The Orissa Electricity Reform Act, 1995.

9.  If a complainant, at any time before a final order is passed in any case under these Regulations, satisfies the Commission that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Commission may permit him to withdraw the same.

10. Where the Commission is of the opinion that the continuance of the proceeding under these Regulations is unnecessary or is an abuse of the process of the Commission, it may at any stage, terminate the proceeding for reasons to be recorded in writing.

11. Matters on which no specific provision has been made in these Regulations shall be guided by the Orissa Electricity Regulatory Commission (Conduct of Business) Regulations, 1996 as amended from time to time.
 

SCHEDULE

PART-I

In following types of cases, the quantum of fines and charges may be levied upto Rs.1,00,000/-; and additionally a daily fine upto Rs.6,000/- per day may be levied for continuing non-compliance or violation.

Sl. No.

Nature of violation or non-compliance

Reference

1.

Acquire by purchase or otherwise the licence or the undertaking of or associate himself with, so far as the business of generating, transmitting, distribution or supply of energy is concerned, any other licensee or person generating, transmitting, supplying or intending to generate,
transmit or supply electricity, without previous consent in writing of the Commission.

Section 21(1)(a) of the Act

2.

On carrying out by the transmission licensee or any of its affiliates any of the restricted activities enumerated in the license without prior written consent of the Commission.

Condition 5 of Transmission and Bulk Supply Licence

3.

On carrying out by the Distribution and Retail Supply Licence or any of its affiliate any of the restricted activities enumerated in the license without prior written consent of the Commission.

Condition 5 of Distribution and Retail Supply Licence

4.

Non-compliance of provisions of Section 26 of the Act.

Section 26 of Act

PART-II

In following types of cases, the quantum of fines and charges may be levied upto Rs.50,000/-; and additionally a daily fine upto Rs.1,000/- per day may be levied for continuing non-compliance or violation.

Sl. No.

Nature of violation or non-compliance

Reference

1.

Failure to formulate and submit to Commission for approval, long term demand for power or load forecast.

Section 11(1)(g) and (h) of the Act
Condition 20.11 of Transmission and Bulk Supply Licence

2.

Failure to prepare and submit to the Commission at such intervals as decided by the Commission, for approval, its long term plan for power procurement and transmission expansion so as to meet load forecast.

-do-
Condition 21.4(b) of Transmission and Bulk Supply Licence

3.

Failure to obtain written approval of the Commission before entering into any arrangements to make a major investment.

Condition 10 of both the  Transmission and Bulk Supply Licence and Distribution and Retail Supply Licence

4.

Failure of distribution licensees to provide to the transmission licensee and to the Commission details of the demand forecasts

Section11(1)(g) of the Act
Condition 19.2 of Distribution and Retail Supply Licence

5.

Failure on the part of licensee to meet minimum standards criteria of sub-station and lines

Paragraphs 4 & 5 of Distribution System Planning and Security Standards, Operating Standards

6.

Failure by Generations, CPPs, Users including licensees to comply with Grid discipline as per Grid Code.

Grid Code

7.

Consumers, small generators, Distribution & retail supply
Licensees, Transmission & Bulk Supply Licensee to comply with Orissa Distribution (Planning and Operation) Code

Distribution (Planning and Operation) Code

8.

Failure to comply with Transmission Planning and Security
Standards

Condition 20.1 of Transmission and Bulk Supply Licence
Paragraph 2,3 and 4 of Section 2 of Transmission Planning and Security Standards, Transmission Operating Standards, Power Supply Planning and Security Standards, Power Supply Operating Standards

9.

Failure to comply with Power Supply Planning and Security Standards

Condition 20.4 of Transmission and Bulk Supply Licence
Paragraph 3 and 4 of Section 3 of Transmission Planning and Security Standards, Transmission Operating Standards, Power Supply Planning and Security Standards, Power Supply Operating Standards

10.

Failure to furnish information to the Commission

Section 15.4(d) of the Act
Condition 9 of Transmission and Bulk Supply Licence
Condition 9 of Distribution and Retail Supply Licence

11.

Failure to comply with directions and/orders as may be issued by the Commission from time to time

Section 15.4(b) of the Act
Condition 4.1 of Transmission and Bulk Supply Licence
Condition 4.1 of Distribution and Retail Supply Licence
 

BY ORDER OF THE COMMISSION
(M.R.MOHANTY)
SECRETARY

ORISSA ELECTRICITY REGULATORY COMMISSION
BIDYUT NlYAMAK BHAVAN, UNIT-VIII
BHUBANESWAR, ORISSA
 

Notice No. SECY/....

FORM - A
( See Regulation 4)

NOTICE

 

Case No.          of        

To

          M/s.........................
          ...............................
          ...............................
          ...............................

 

WHEREAS on the basis of a complaint made before this Commission, a case u/s 31 of Orissa Electricity Reform Act, 1995 has been initiated against you for non-compliance/violation of the following :-

 

 

( The gist of the complaint i.e., nature of violation or non-compliance)

You are therefore required to appear before this Commission in person or by an authorised representative or advocate on ......................................... at about 11 AM to answer to the allegation made against you and to show cause as to why fines and charges (including award of compensation if any to affected party) shall not be imposed upon you.

In case, you fail to appear on the date fixed, the case will be determined in your absence and fines and charges (including award of compensation if any to affected party), imposed upon you will be recovered from you in accordance with law.

    Dated this the                                            day of                                                  1999

(Seal)

BY ORDER OF THE COMMISSION

SECRETARY