Draft amendments to the Tamil Nadu Electricity Supply Code

Jul 12, 2019 | by Avantis RegTech Legal Research Team

The Tamil Nadu Electricity Regulatory Commission (TNERC) on July 09, 2019, has published a draft to further amendment the Tamil Nadu Electricity Supply Code.

It has been decided to amend the Tamil Nadu Electricity Supply Code based on the proposal received from the Code Review Panel so as to- 

(1) make provision for levy of excess demand charges uniformly across all LT category of services; 

(2) provide for collection of additional security deposit from open access consumers based on net energy supplied by Distribution licensee 

(3) accept requests of consumers to adjust excess security deposit against demands more than two billing cycles; 

(4) specify a time limit for issue of provisional assessment order for unauthorised use of electricity and notify forms of provisional assessment and final assessment order for the act of unauthorised use of electricity under section 126 of the Electricity Act, 2003; 

(5) spell out method of assessment of quantum of energy for cases of illegal restoration of supply to a disconnected service connection.

The amendments made are:

 Regulation 5(2)(ii)(c)(I) has been substituted, where the recorded demand does not exceed 112 KW, for every KW or part thereof in excess of the sanctioned demand, at the rate of 1% of the total energy charges.

 Regulation 5(5)(ii)(a) has been substituted, namely, for the categories of consumers under monthly billing, the Security Deposit is equivalent to two times of the monthly average of the electricity charges for the preceding twelve months prior to April.

 Regulation 5(5)(ii)(v) has been substituted, namely, where, on review, the amount of Security deposit held is found to be in excess of the requirement, the excess shall be adjusted against two future demands for the electricity supplied. Where, after such adjustment in future two demands, there is balance to be refunded, the refund shall be made by cheque before the due date for payment of the third demand. Where a request is made by the consumer to adjust the excess security deposit above future two demands, the distribution licensee shall adhere to such requests.

 Regulation 19A(4) has been substituted, namely:- In case of suspected unauthorized use of electricity, provisional assessment order in Form 12 shall be issued within 24 hours on detection of such unauthorised use in the manner prescribed under the rules made by the State Government under section 126 (2) of the Act and final assessment order in Form 13 shall be issued by the assessment officer by following the procedure stipulated in section 126 of the Act. In respect of a tariff where different rates are adopted based on the slabs of consumption, the highest tariff rate specified in the tariff structure for the relevant category of service may be adopted.

 A new FORM 12, namely “Provisional Assessment order for unauthorised use of electricity under section 126 of the Electricity Act, 2003” and FORM 13, namely, “Final order of Assessment for unauthorised use of electricity under section 126 of the Electricity Act, 2003” has been inserted.

Any persons likely to be affected thereby, are invited for objections and suggestions of the draft Regulations within fifteen days from the date of hosting it in the website of the Commission. The objection or suggestion, if any, should be addressed in duplicate to the Secretary, Tamil Nadu Electricity Regulatory Commission, 19-A Rukmini Lakshmipathy Salai, Egmore, Chennai – 600 008.

[Draft Notification No. TNERC/DC/7]



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