REGISTERED NO. PT-40 — THE ELECTRICITY ACT, 2003

REGISTERED NO. PT-40 @be Dibar Oazette ExTRA ORDINARY PuBLISHED BY AUTHORITY 7 VAISHAKHA 1929 (S) NO. PATNA 426) PATNA, FRIDAY 27TH APRIL 2007 BIHAR ELECTRICITY REGULATORY COMMISSION, PATNA TERMS AND CONDITIONS FOR DETERMINATION OF TARIFF NOTIFICATION The 24th April 2007 No. BERC / Regl-10/06-2/2007 In exercise of the powers conferred under section 181 read with sections 45(2), 61 and 62 of the Electricity Act, 2003 (36 of 2003) and all powers enabling it in that behalf; the Bihar Electricity Regulatory Commission hereby makes the following regulations for prescribing the terms and conditions for determination of Tariff, namely: Chapter 1 General 1_ Short title and commencement 1) These regulations shall be called the Bihar Electricity Regulatory Commission (Terms and conditions for determination of Tariff) Regulations, 2007 . (2) These regulations shall come into force from the date of publication in the official gazette: Scope and extent of application (1) Where tariff for generation and transmission has been determined through transparent process of bidding in accordance with the guidelines issued by the Central Government, the Commission shall adopt such tariff in accordance with the provisions of the Act: 2. (2) These regulations shall be applicable in all other cases. Provided that the Commission may prescribe the relaxed norms of operation, including the norms of target availability and Plant Load Factor as well as lower return on equity, than those contained in these regulations for generating station, transmission system and distribution system under the control of an integrated utility or a generating company or transmission licensee or distribution licensee, for determination of tariff: 3. Definitions (1) In these regulations unless the context otherwise requ