7 VAISHAKHA 1929 (S)

7 · VAISHAKHA 1929 (S)

1 · Short title and commencement

2 · Scope and extent of application

3 · Definitions

1 · . Sl.Nos. "(viii), (xiii), (xiv)" of Regulation 3(1) are inserted by the BERC (Terms and Conditions for Determination of Tariff) [1st Amendment] Regulations, 2012 vide Bihar Gazette No. 452 dated 3rd September, 2012 (w.e.f. 03 . 09.2012)

4 · Guidelines for determination of tariffs:

5 · Application for determination of tariff

6 · Procedure for filing application

7 · Core business

8 · . Tariff determination

9 · Norms of operation

10 · Deviation from norms

11 · Multi year Tariff principles and guidelines

12 · Charging of permissible tariff

13 · Excess or under recovery with respect to norms / targets

14 · Cross Subsidy

15 · Subsidy

16 · Tax on income

17 · Extra Rupee Liability

18 · Decision of the Commission

19 · Hearing and communication of decision of the Commission on Tariff

20 · Tariff publication

21 · Periodicity of tariff determination and revision thereof

2 · . Substituted Regulation 21(1) by the BERC (Terms and Conditions for Determination of Tariff) [1st Amendment] Regulations, 2012 vide Bihar Gazette No. 452 dated 3rd September, 2012 (w.e.f. 03 . 09.2012)

22 · Review and Truing up

23 · Objection for recovery of income – tax and foreign exchange rate variation

24 · Regulatory Asset

25 · Tariff of Electricity Trader

26 · Generation Tariff

27 · Right to vary terms and conditions

28 · Power to remove difficulties

29 · Limitation of Power of Commission

30 · Powers to amend

31 · Definitions

32 · Components of tariffs

33 · Norms of Operation

34 · Capital Cost

35 · Additional Capitalization

36 · Sale of Infirm Power

39 · Energy Charges

0 · 3%

0 · 8%

40 · Incentive

41 · Unscheduled interchange (UI)

42 · Rebate

43 · Late payment surcharge

44 · Scheduling

45 · Demonstration of Declared Capability

46 · Metering and Accounting

47 · . Billing and payment of capacity charges

48 · Definitions

49 · Norms of operation

50 · Capital Cost

51 · Additional Capitalisation

52 · Sale of Infirm Power

55 ·

54 · Computation of Annual Charges

56 ·

57 · Incentive

58 · Deemed Generation

59 · Unscheduled Interchange (UI)

60 · Rebate

61 · Late Payment Surcharge

62 · Scheduling

63 · Demonstration of Declared capability

64 · Metering and Accounting

65 · Billing and payment of capacity charges

66 · Definitions

67 · Charges for Auxiliary Energy Consumption in the Sub - Station

68 · Target Availability for recovery of full transmission charges

69 · Capital Cost:

70 ·

72 · Transmission Charges:

73 · Computation of annual transmission charges

3 · . Substituted Regulation 73(2)(c)(i) by the BERC (Terms and Conditions for Determination of Tariff) [2nd Amendment] Regulations, 2014 vide Bihar Gazette No. 324 dated 27th March, 2014 (w.e.f. 27 . 03.2014)

4 · . Added at the end of Regulation 73(3)(b) by the BERC (Terms and Conditions for Determination of Tariff) [2nd Amendment] Regulations, 2014 vide Bihar Gazette No. 324 dated 27th March, 2014 (w.e.f. 27 . 03.2014)

74 · Payment of Transmission Charges

75 ·

76 · Incentive

5 · . Substituted Regulation 73(4)(ii) by the BERC (Terms and Conditions for Determination of Tariff) [2nd Amendment] Regulations, 2014 vide Bihar Gazette No. 324 dated 27th March, 2014 (w.e.f. 27 . 03.2014)

77 · Rebate

78 ·

6 · . Appended under Regulation 21(1) by the BERC (Terms and Conditions for Determination of Tariff) [1st Amendment] Regulations, 2012 vide Bihar Gazette No. 452 dated 3rd September, 2012 (w.e.f. 03 . 09.2012)

1 · Details of calculations to be furnished.

2 · If multifuel is used simultaneously, give 2.1 in respect of every fuel individually.

3A · The rate of energy charge shall be computed for open cycle operation and combined cycle operation separatly in case of gas/liquid fuel fired plants.

3B · The total energy charge shall be worked out based on ex-bus energy scheduled to be sent out in case of plants covered by ABT, and ex-bus energy sent out in case of plants not covered by ABT, as the case may be.

3C · Any escalation in fuel cost to be considered for subsequent years or FPA to take care of the escalation.

1 · Describe the basic characteristics of the plant e.g. in the case of a coal based plant whehter it is a conventional steam generator or circulating fludized bed combustion generator or sub-critical one through steam generator etc.

3 · Any Special Technological feature like Advanced class FA technology in Gas Turbines, etc.

2 · Any site specific feature such as Merry-Go-Round, Vicinity to sea, Intake /makeup water systems etc. scrubbers etc. Specify all such features.

4 · Environmental regulation related features like FGD, ESP etc.

6 · Closed circuit cooling, once through cooling, sea cooling etc.

5 · Coal or natural gas or naptha or lignite etc.

7 · Motor driven, Steam turbine driven etc.

1 · Name of the currency to be mentioned e.g. US $, DM, etc. etc.

2 · In case of more than one drawl during the year, Exchange rate and the date of each drawl to be given.

1 · 0

1 · 1

1 · 2

1 · 3

2 · 0

2 · 1

2 · 2

2 · 3

2 · 3.1

2 · 3.2

2 · 3.3

2 · 3.4

2 · 3.5

2 · 3.6

2 · 3.7

2 · 3.8

2 · 3.9

2 · 3.10

2 · 3.11

2 · 3.12

2 · 3.13

2 · 3.14

2 · 4

2 · 4.1

2 · 4.2

2 · 4.3

2 · 4.4

2 · 4.5

2 · 4.6

2 · 5

2 · 6

2 · 6.1

2 · 6.2

3 · 0

4 · 0

4 · 1

4 · 2

4 · 3

4 · 4

4 · 5

4 · 6

4 · 7

4 · 8

4 · 9

4 · 10

4 · 11

4 · 12

4 · 13

4 · 14

4 · 15

5 · 0

5 · 1

5 · 2

5 · 3

5 · 4

5 · 5

5 · 6

6 · 0

6 · 1

6 · 2

6 · 3

6 · 4

7 · 0

7 · 1

7 · 2

8 · 0

1 · In case of time & Cost over run, a detailed note giving reasons for such time and cost over run should be submitted clearly bring out the agency responsible and whether such time & cost over run was beyond the control of the generating company.

1 · 0

1 · 1

1 · 2

1 · 3

2 · 0

2 · 1

2 · 2

2 · 3

2 · 4

2 · 4.1

2 · 4.2

2 · 4.3 CW system

2 · 4.4 Cooling Towers

2 · 4.5

2 · 4.6

2 · 4.7

2 · 4.8 Air condition & Ventilation System

2 · 4.9

2 · 4.10 HP/LP Piping

2 · 5

2 · 5.1

2 · 5.2 Transformers package

2 · 5.3 Switch gear Package

2 · 5.4 Cable , Cable Facilities & grounding

2 · 5.5 Lighting

2 · 5.6 Emergency D.G. set

2 · 6

2 · 7

2 · 7.1

2 · 7.2

3 · 0

4 · 0

4 · 1

4 · 2

4 · 3

4 · 4

4 · 5

4 · 6

4 · 7

4 · 8

4 · 9

4 · 10

4 · 11

5 · 0

5 · 1

5 · 2

5 · 3

5 · 4

5 · 5

5 · 6

6 · 0

6 · 1

6 · 2

6 · 3

6 · 4

7 · 0

7 · 1

7 · 2

8 · 0

1 · In case of time & Cost over run, a detailed note giving reasons of such time and cost over run should be submitted and clearly bring out the

1 · The scope of work in any package should be indicated in conformity with Capital cost break-up for the coal/lignite based plants in the FORM-5B to the extent possible. In case of Gas/Liquid fuel based projects, break down in the similar manner in the relevent heads as per FORM-5C.

2 · If there is any package, which need to be shown in Indian Rupee and foreign currency(ies), the same should be shown separatly alongwith the currency, the exchange e.g. Rs.80 Cr+US$50m=Rs.280Cr at US$=Rs40 as on ________.

2 · _________________________

1 · Say US $ 200m + Rs.400 Cr or Rs.1200 Cr including US $200m at an exchange rate of 1US $=Rs.40/-

2 · Date of Commercial Operation means date of Commercial Operation of the last unit

3 · For example : US $, 200M etc.etc

1 · Source of loan means the agency from whom the loan has been taken such as WB, ADB, WMB, PNB, SBI, ICICI, IFC, PFC etc.

2 · Currency refers to currency of loan such as US$, DM, Yen,Indian Rupee etc.

3 · Details are to be submitted as on 31.03.___ for existing assets and as on COD for the remaining assets.

4 · Where the loan has been refinanced, details in the Form are to be given for the loan refinaced. However, the details of the original loan are to be given seperately in the same form.

6 · Interest type means whether the interest is fixed or floating.

5 · If the Tariff in the petition is claimed seperately for various units, details in the Form are to be given seperately for all the units in the same form.

7 · Base rate means the base as PLR etc. over which the margin is to be added. Applicable base rate on different dates from the date of drawl may also be enclosed.

9 · At times caps/floor are put at which the floating rates are frozen. If such a condition exists, specify the limits.

8 · Margin means the points over and above the floating rate.

10 · Moratorium period refers to the period during which loan servicing liability is not required.

12 · Repayment frequency means the interval at which the debt servicing is to be done such as monthly, quarterly, half yearly, annual, etc.

11 · Repayment period means the repayment of loan such as 7 years, 10 years, 25 years etc.

13 · Where there is more than one drawal/repayment for a loan, the date & amount of each drawal/repayement may also be given seperately

15 · In case of Foreign loan,date of each drawal & repayment alongwith exchange rate as on that date may be given.

14 · If the repayment instalment amount and repayment date can not be worked out from the data furnished above, the repayment schedule to be furnished seperately.

16 · Base exchange rate means the exchange rate prevailing as on 31.03.____ for existing assets and as on COD for the remaining assets.

1 · Source of loan means the agency from whom the loan has been taken such as WB, ADB, WMB, PNB, SBI, ICICI, IFC, PFC etc.

2 · Currency refers to currency of loan such as US$, DM, Yen,Indian Rupee etc .

4 · Where the loan has been refinanced, details in the Form are to be given for the loan refinaced. However, the details of the original loan are to be given seperately in the same form.

3 · Details are to be submitted as on 31.03.____ for existing assets and as on COD for the remaining assets.

5 · If the Tariff in the petition is claimed seperately for various units, details in the Form are to be given seperately for all the units in the same form.

6 · Interest type means whether the interest is fixed or floating.

8 · Margin means the points over and above the floating rate.

7 · Base rate means the base as PLR etc. over which the margin is to be added. Applicable base rate on different dates from the date of drawl may also be enclosed.

9 · At times caps/floor are put at which the floating rates are frozen. If such a condition exists, specify the limits.

11 · Repayment period means the repayment of loan such as 7 years, 10 years, 25 years etc.

10 · Moratorium period refers to the period during which loan servicing liability is not required.

12 · Repayment frequency means the interval at which the debt servicing is to be done such as monthly, quarterly, half yearly, annual, etc.

14 · If the repayment instalment amount and repayment date can not be worked out from the data furnished above, the repayment schedule to be furnished seperately.

13 · Where there is more than one drawal/repayment for a loan, the date & amount of each drawal/repayement and its allocation may also be given seperately

15 · In case of Foreign loan,date of each drawal & repayment alongwith exchange rate as on that date may be given.

16 · Base exchange rate means the exchange rate prevailing as on 31.03.____ for existing assets and as on COD for

1 · Separate Statement of Additional capitalisation for (1) after COD and upto Cut off Date; and (2) beyond Cut off Date are to be funished.

2 · In case the project has been completed and any tariff notification(s) has / have already been issued in the past by GOI or any other authority, fill column 6 giving the cost as admitted for the purpose of tariff notification already issued by (Name of the authority) (Enclose copy of the tariff Order)

1 · Fill the form in chronological order year wise along with detailed justification and clearly bring out the necessity and the benefits accrued to the benficiaries.

2 · In case initial spares are purchased alongwith any equipment, then the cost of such spares should be indicated separately. e.g. Rotor - 50 Crs. Initial spares- 5 Crs.etc.

1 · Year 1 refers to Financial Year of COD and Year 2, Year 3 etc. are the subsequent financial years respectively.

2 · Loan details for meeting the additional capitalisation requirement should be given as per FORM-7 or 8 whichever is relevant.

1 · Depreciation recovered in Tariff upto _____ to be furnished with yaerwise details in the same form seperately with supporting details..

1 · Name of the Assets should conform to the description of the assets mentioned in Depreciation Schedule approved by the CERC.

1 · In case of Foreign Loans, the calculations in Indian Rupees is to be furnished. However, the calculations in Orginal currency is also to be furnished seperately in the same form.

1 · If the amount is negative, it will be shown as zero.

1 · For Coal bsaed/Lignite based generating stations

2 · For Gas Turbine/Combined Cycle generating stations duly taking into account the mode of operation on gas fuel and liquid fuel

1 · Charges 1

1 · Similar details to be furnished for natural gas/liquid fuel for CCGT station and secondary fuel oil for coal/lignite based thermal plants

1 · Details of calculations to be furnished.

1 · Monthwise Design energy figures to be given separately with the petition.

1 · Name of the currency to be mentioned e.g. US $, DM, etc. etc.

2 · In case of more than one drawl during the year, Exchange rate at the date of each drawl to be given.

1 · In case of time and cost over -run of the project, a detailed note giving reasons of such time and cost over run should be submitted, duly bringing out the agency responsible and whether such time and cost over run was beyond the control of the generating company.

1 · If there is any package, which need to be shown in Indian Rupee and foreign currency(ies), the same should be shown separatly alongwith the currency, the exchange rate and e.g. Rs.80 Cr+US$50m=Rs.280Cr at US$=Rs40 as on say ________.

1 · Project Cost as on COD 1 Date of Commercial Operation of the Station 2

1 · Say US $ 200m + Rs.400 Cr or Rs.1200 Cr including US $200m at an exchange rate of 1US $=Rs.40/-

3 · For example : US $, 200M etc.etc

2 · Date of Commercial Operation means Commercial Operation of the last unit

1 · Source of loan means the agency from whom the loan has been taken such as WB, ADB, WMB, PNB, SBI, ICICI, IFC, PFC etc.

2 · Currency refers to currency of loan such as US$, DM, Yen,Indian Rupee etc.

4 · Where the loan has been refinanced, details in the Form are to be given for the loan refinaced. However, the details of the original loan are to be given seperately in the same form.

3 · Details are to be submitted as on 31.03.____ for existing assets and as on COD for the remaining assets.

5 · If the Tariff in the petition is claimed seperately for various units, details in the Form are to be given seperately for all the units in the same form.

7 · Base rate means the base as PLR etc. over which the margin is to be added. Applicable base rate on different dates from the date of drawl may also be enclosed.

6 · Interest type means whether the interest is fixed or floating.

8 · Margin means the points over and above the floating rate.

9 · At times caps/floor are put at which the floating rates are frozen. If such a condition exists, specify the limits.

10 · Moratorium period refers to the period during which loan servicing liability is not required.

12 · Repayment frequency means the interval at which the debt servicing is to be done such as monthly, quarterly, half yearly, annual, etc.

11 · Repayment period means the repayment of loan such as 7 years, 10 years, 25 years etc.

13 · Where there is more than one drawal/repayment for a loan, the date & amount of each drawal/repayement may also be given seperately

15 · In case of Foreign loan,date of each drawal & repayment alongwith exchange rate as on that date may be given.

14 · If the repayment instalment amount and repayment date can not be worked out from the data furnished above, the repayment schedule to be furnished seperately.

16 · Base exchange rate means the exchange rate prevailing as on 31.03._____ for existing assets and as on COD for the remaining assets.

1 · Source of loan means the agency from whom the loan has been taken such as WB, ADB, WMB, PNB, SBI, ICICI, IFC, PFC etc.

2 · Currency refers to currency of loan such as US$, DM, Yen,Indian Rupee etc.

3 · Details are to be submitted as on 31.03.____ for existing assets and as on COD for the remaining assets.

4 · Where the loan has been refinanced, details in the Form are to be given for the loan refinaced. However, the details of the original loan are to be given seperately in the same form.

5 · If the Tariff in the petition is claimed seperately for various units, details in the Form are to be given seperately for all the units in the same form.

6 · Interest type means whether the interest is fixed or floating.

7 · Base rate means the base as PLR etc. over which the margin is to be added. Applicable base rate on different dates from the date of drawl may also be enclosed.

8 · Margin means the points over and above the floating rate.

9 · At times caps/floor are put at which the floating rates are frozen. If such a condition exists, specify the limits.

10 · Moratorium period refers to the period during which loan servicing liability is not required.

11 · Repayment period means the repayment of loan such as 7 years, 10 years, 25 years etc.

12 · Repayment frequency means the interval at which the debt servicing is to be done such as monthly, quarterly, half yearly, annual, etc.

13 · Where there is more than one drawal/repayment for a loan, the date & amount of each drawal/repayement and its allocation may also be given seperately

14 · If the repayment instalment amount and repayment date can not be worked out from the data furnished above, the repayment schedule to be furnished seperately.

15 · In case of Foreign loan,date of each drawal & repayment alongwith exchange rate as on that date may be given.

16 · Base exchange rate means the exchange rate prevailing as on ______ for existing assets and as on COD for the remaining assets.

1 · Separate statements of Additional Capitalisation for (1) after COD and upto Cut off date; and (2) beyond cut off date are to be furnished.

2 · In case of the project has been completed and any tariff notification(s) has / have already been issued in the past by Govt. of India or any other authority, fill column 6 giving the cost as admitted for the purpose of tariff notification already issued by (Name of the authority) (Enclose copy of the tariff Order)

1 · Fill the form in chronological order year wise along with detailed justification and clearly bringing out the necessity and the benefits accrued to the beneficiaries.

2 · In case initial spares purcahsed alongwith any equipment , then the cost of such spares should be indicated separately,e.g. Rotor- 50 Crs. Initial spares - 5 Crs.etc.

1 · Year 1 refers to Financial Year of COD and Year 2, Year 3 etc. are the subsequent financial years respectively.

2 · Loan details for meeting the additional capitalisation requirement should be given as per FORM-7 or 8 whichever is relevant.

1 · Depreciation recovered in Tariff upto _____ to be furnished with yaerwise details in the same form seperately with supporting details..

1 · Name of the Assets should conform to the description of the assets mentioned in Depreciation Schedule approved by the CERC.

1 · In case of Foreign Loans, the calculations in Indian Rupees is to be furnished. However, the calculations in Orginal currency is also to be furnished seperately in the same form.

1 · If the amount is negative, it will be shown as zero.

1 · Details of calculations to be furnished.

1 · Name of the currency to be mentioned e.g. US $, DM, etc. etc.

2 · In case of more than one drawl during the year, Exchange rate and the date of each drawl to be given.

1 · 0

1 · 1

1 · 2

1 · 3

2 · 0

2 · 1

2 · 2

2 · 3

2 · 4

2 · 5

2 · 6

2 · 8

2 · 9

3 · 0

3 · 1

3 · 2

4 · 0

4 · 1

4 · 2

4 · 3

5 · 0

5 · 1

5 · 2

5 · 3

5 · 4

5 · 5

6 · 0

6 · 1

6 · 2

6 · 3

6 · 4

6 · 5

6 · 6

6 · 7

6 · 8

6 · 9

6 · 10

6 · 11

1 · The scope of work in any package should be indicated in conformity of Capital cost break-up in form-5B to the extent possible.

2 · If there is any package, which need to be shown in Indian Rupee and foreign currency(ies), the same should be shown separatly alongwith the currency, the exchange rate e.g. Rs.80 Cr+US$50m=Rs.280Cr at US$=Rs40 as on say _______.

1 · Say US $ 200m + Rs.400 Cr or Rs.1200 Cr including US $200m at an exchange rate of 1US $=Rs.40/-

3 · For example : US $, 200M etc.etc

2 · Date of Commercial Operation means Commercial Operation of the transmission element

1 · Source of loan means the agency from whom the loan has been taken such as WB, ADB, WMB, PNB, SBI, ICICI, IFC, PFC etc. 2 Currency refers to currency of loan such as US$, DM, Yen,Indian Rupee etc. 3 Details are to be submitted as on 31.03._____for existing assets and as on COD for the remaining assets. 4 Where the loan has been refinanced, details in the Form are to be given for the loan refinaced. However, the details of the original loan are to be given seperately in the same form. 5 If the Tariff in the petition is claimed seperately for various transmission elements, details in the Form are to be given seperately for all the transmission elements in the same form.

6 · 6 Interest type means whether the interest is fixed or floating. 7 Base rate means the base as PLR etc. over which the margin is to be added. Applicable base rate on different dates from the date of drawl may also be enclosed.

8 · 8 Margin means the points over and above the floating rate. 9 At times caps/floor are put at which the floating rates are frozen. If such a condition exists, specify the limits.

0 · 10 Moratorium period refers to the period during which loan servicing liability is not required. 11 Repayment period means the repayment of loan such as 7 years, 10 years, 25 years etc. 12 Repayment frequency means the interval at which the debt servicing is to be done such as monthly, quarterly, half yearly, annual, etc.

13 · y

13 · Where there is more than one drawal/repayment for a loan, the date & amount of each drawal/repayement may also be given seperately

14 · g

14 · If the repayment instalment amount and repayment date can not be worked out from the data furnished above, the repayment schedule to be furnished seperately.

15 · 15 In case of Foreign loan,date of each drawal & repayment alongwith exchange rate as on that date may be given. 16 Base exchange rate means the exchange rate prevailing as on 31.03.____for existing assets and as on COD for the remaining assets.

1 · Source of loan means the agency from whom the loan has been taken such as WB, ADB, WMB, PNB, SBI, ICICI, IFC, PFC etc.

3 · Details are to be submitted as on 31.03.______ for existing assets and as on COD for the remaining assets.

2 · Currency refers to currency of loan such as US$, DM, Yen,Indian Rupee etc.

4 · Where the loan has been refinanced, details in the Form are to be given for the loan refinaced. However, the details of the original loan are to be given seperately in the same form.

5 · If the Tariff in the petition is claimed seperately for various transmission elements, details in the Form are to be given seperately for all the transmission elements in the same form.

6 · Interest type means whether the interest is fixed or floating.

8 · Margin means the points over and above the floating rate.

7 · Base rate means the base as PLR etc. over which the margin is to be added. Applicable base rate on different dates from the date of drawl may also be enclosed.

9 · At times caps/floor are put at which the floating rates are frozen. If such a condition exists, specify the limits.

11 · Repayment period means the repayment of loan such as 7 years, 10 years, 25 years etc.

10 · Moratorium period refers to the period during which loan servicing liability is not required.

12 · Repayment frequency means the interval at which the debt servicing is to be done such as monthly, quarterly, half yearly, annual, etc.

14 · If the repayment instalment amount and repayment date can not be worked out from the data furnished above, the repayment schedule to be furnished seperately.

13 · Where there is more than one drawal/repayment for a loan, the date & amount of each drawal/repayement and its allocation may also be given seperately

15 · In case of Foreign loan,date of each drawal & repayment alongwith exchange rate as on that date may be given.

16 · Base exchange rate means the exchange rate prevailing as on 31.03._____ for existing assets and as on COD for the remaining assets.

1 · Separate statements of Additional Capitalisation for (1) after COD and upto Cut off date; and (2) beyond Cut off date are to be furnished.

2 · In case the project has been completed and any tariff notification(s) has / have already been issued in the past by GOI or any other authority, fill column 6 giving the cost as admitted for the purpose of tariff notification already issued by (Name of the authority) (Enclose copy of the tariff Order)

1 · Fill the form in chronological order year wise along with detailed justification and clearly bring out the necessity and the benefits accruing to the benficiaries.

2 · In case initial spares are purchased alongwith any equipment, then the cost of such spares should be indicated separately.

1 · 2

1 · Name of the Assets should conform to the description of the assets mentioned in Depreciation Schedule approved by CERC.

3 · and so on

1 · In case of Foreign Loans, the calculations in Indian Rupees is to be furnished. However, the calculations in Orginal currency is also to be furnished seperately in the same form.

1 · If the amount is negative, it will be shown as zero.

7 · . Appended under Regulation 73(2)(c)(i) by the BERC (Terms and Conditions for Determination of Tariff) [2nd Amendment] Regulations, 2014 vide Bihar Gazette No. 324 dated 27th March, 2014 (w.e.f. 27 . 03.2014)