Electricity (Late Payment Surcharge and Related Matters) (Amendment) Rules 2024

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-29022024-252482 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 135] NEW DELHI, THURSDAY, FEBRUARY 29, 2024/PHALGUNA 10, 1945 MINISTRY OF POWER NOTIFICATION New Delhi, the 28th February, 2024 G.S.R. 146(E).—In exercise of the powers conferred by sub-section (1) of section 176 of the Electricity Act, 2003 (36 of 2003), the Central Government hereby makes the following rules to amend the Electricity (Late Payment Surcharge and Related Matters) Rules, 2022, namely:- 1. (1) These rules may be called the Electricity (Late Payment Surcharge and Related Matters) (Amendment) Rules, 2024. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Electricity (Late Payment Surcharge and Related Matters) Rules, 2022 (hereinafter referred to as the said Rules), in rule 7, for clauses (1) to (6) and explanation, the following clauses and explanation shall be substituted, namely:- "(a) access, including any previously approved access, for the sale and purchase of electricity through short-term contracts or power exchange, shall be regulated entirely: Provided that the National Load Despatch Centre may, in exceptional circumstances for grid security, temporarily review the regulation of access under these rules, after recording the reasons, in writing; (b) one month after the commencement of regulation of access or if the dues remain unpaid for three and a half months, access for sale and purchase of electricity through contracts other than the short-term contracts shall be regulated by ten per cent, in addition to the regulation of access already in place; (c) the reduction or withdrawal of access for sale and purchase of electricity through the contracts other than the short-term contracts shall be in such manner that the quantum of reduction in drawl or injection schedule increases progressively by ten per cent for each month of default; (d) on payment of outstanding dues, the regulation of access under this rule shall end, and it shall be restored at the earliest, but not later than one day, excluding the day on which payment is made; (e) the National Load Despatch Centre shall issue the detailed procedure to implement the regulation of access according to these rules; (f) in case of such reduction of drawl schedule, the liability for payment of capacity charges for its original share in the generating station as also the inter-state transmission charges shall remain with the regulated entity. Explanation. - For the purposes of this rule, it is hereby clarified that, - (i) the expression “short - term contract" means the contract for sale or purchase of electricity for a period up to one year; (ii) the term "access" means the open access to Inter-State Transmission System." 3. In said rules, in rule 9,- (a) for sub-rule (1), the following sub-rule shall be substituted, namely:- "(1) A distribution licensee shall intimate its schedule for requisitioning power for each day from each generating company with which it has an agreement for purchase of power at least two hours before the end of the time for placing proposals or bids in the day ahead market for that day, failing which the generating company, shall offer, the un- requisitioned surplus power including the power available against the declared capacity of the unit under shut down, in the power exchange, subject to the limitation of ramping and start up capability as specified by the Appropriate Commission: Provided that if the power so offered by the generating company is not cleared in Day-Ahead Market, it shall be offered in other market segments, including the Real Time Market, in the power exchange: Provided further that such offer of power, in the market shall be at a price not exceeding 120 per cent of its energy charge, as determined or adopted by the Appropriate Commission or calculated under the directions, issued by the Central Government, under section 11 of the Act, if applicable, plus applicable transmission charges: Provided also that if the generating company fails to offer such un-requisitioned surplus power in the power exchange, the un-requisitioned surplus power to the extent not offered in the power exchange up to the declared capacity shall not be considered as available for the payment of fixed charges." (b) after sub-rule (5), the following sub- rule shall be inserted, namely:- "(6) Within fifteen days of commencement of the Electricity (Late Payment Surcharge and Related Matters) (Amendment) Rules, 2024, the National Load Despatch Centre shall issue a detailed procedure to implement the provisions of the sub-rule (1) of this rule." [F. No. 23/22/2019-R&R] SRIKANT NAGULAPALLI, Addl. Secy. Note: The principal rules were published in the Gazette of India, Part II, Section 3, Sub-section (i), vide number G.S.R 416 (E), dated the 3rd June 2022. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. AMIT KUMAR JAISWAL Digitally signed by AMIT KUMAR JAISWAL Date: 2024.02.29 21:59:32 +05'30'