Wednesday 13 May 2015

Government of India Ministry of Power - Amendments to the Electricity Act - Press Information Bureau

The Union Cabinet has approved the proposals for amendment in Electricity Act, 2003 on 10th December, 2014 as contained in the Electricity (Amendment) Bill 2014. The Electricity (Amendment) Bill, 2014 was introduced in the Lok Sabha on 19th December, 2014. This was referred to Parliamentary Standing Committee on Energy and the committee has submitted its report to the Parliament on 7th May, 2015. This was stated by Sh. Piyush Goyal, Minister of State (IC) for Power, Coal & New and Renewable Energy in a written reply to a question in the Rajya Sabha today. 

The Minister further stated that the amendments proposed in Electricity (Amendment) Bill, 2014 seeks to end the monopoly of power distribution companies by segregating the carriage (distribution sector/network) from the content (electricity supply business) in the power sector by introducing multiple supply licensees so as to bring in further competition and efficiency in the distribution sector by giving choice to the consumers, the Minister added. 


Electricity Amendment Bill, 2014 Introduced in Lok Sabha; Changes Aimed at Promoting Competition, Efficiency in Operations and Improvement in Quality of Supply of Electricity 
The Electricity (Amendment) Bill, 2014 was introduced today in the Lok Sabha by the Minister of State (I/c) for Power, Coal and New& Renewable Energy Shri. Piyush Goyal.  The amendments will usher in much needed further reforms in the power sector. It will also promote competition, efficiency in operations and improvement in quality of supply of electricity in the country resulting in capacity addition and ultimate benefit to the consumers. 
The Electricity Act, 2003 was enacted to amalgamate and modernize the earlier Electricity Laws, namely, the Indian Electricity Act, 1910, the Electricity (Supply) Act, 1948 and the Electricity Regulatory Commissions Act, 1998.  The Act was reviewed and amended twice, in the year 2004 and 2007, to give effect to certain changes considered necessary.
 Based on the experience gained over the years, it was felt to review the provisions further to bring efficiency and competition in the distribution sector, strengthening grid security and safety, promotion of renewable energy, rationalization of tariff and strengthening and performance oversight of Regulatory Commissions etc.
 Certain legislative changes were suggested by the Working Group on power for the formulation of 12th Five Year Plan which were further examined under a Committee constituted under Chairperson, CEA.  Based on the recommendations of the said Committee, the proposed amendments were uploaded on the website of Ministry of Power in the month of October, 2013. Thereafter, consultations were held with various stakeholders including those from Central Ministries, State Governments, Generation, Transmission, Distribution utilities, Regulatory Commissions, Private Developers, traders, industry associations, consumer groups, power exchanges and individuals etc., in meetings taken in the Ministry.
Based on exhaustive consultations, certain amendments to the Electricity Act, 2003 have been proposed broadly covering the following areas:-

A.    Enhancing Grid safety and security:  In order to strengthen and enhance Grid safety and security, specific measures regarding maintenance of spinning reserves along with strong and effective deterrence in the form of enhanced penalties for violations of the directions given by the State and Regional Load Despatch Centres etc., have been envisaged.
B.     Separation of Carriage & Content in the Distribution sector:  To achieve the objectives of efficiency and for giving choice to consumers through competition in different segments of electricity market, concept of multiple supply licensees is proposed by segregating the carriage from content in the distribution sector and determination of tariff based on market principles, while continuing with the carriage (distribution network) as a regulated activity. To protect the interest of consumers, the tariff for retail sale of electricity is proposed to be capped through the Regulator and one of the supply licensees is proposed to be a Government controlled company. Further, the existing distribution licensees are proposed to continue till the expiry of their term as specified in their licence.
C.     Promotion of Renewal Energy:  In order to accelerate the development of Renewable Energy sources, a number of measures including the provision for a separate National Renewable Energy Policy, development of renewable energy industry, Renewable Generation Obligation on coal and lignite based thermal power plants, specific exemptions to Renewal Energy sources from open access surcharge, separate penal provisions for non-compliance of Renewal Purchase Obligation etc., have been envisaged under the Renewable Generation Obligation  for coal and lignite based thermal power plants.
D.    Tariff Rationalization:  To rationalize the tariff structure on sound financial principles for the viability of the distribution sector and recovery of revenue requirement of licensees without any gap, the provisions of Tariff Policy are proposed to be made mandatory for the determination of tariff. Further, the bill envisages timely filing of tariff petitions by utilities, disposal of the same by the Appropriate Commission within a specified time period and powers to Appropriate Commissions for initiating suo-motu proceedings for determination of tariff in case the Utility/Generating Companies do not file their petitions in time.
E.     Miscellaneous :  Suitable amendments are also proposed for improving the accountability and transparency in the working of Appropriate Commissions without affecting their functional autonomy; bringing  clarity in regard to appointments,  functions and powers of the Chief Electrical Inspector/ Electrical Inspectors and levying of fees for electrical inspections; exemption to developer of SEZs, Railways and Metro Rail for obtaining distribution licence; collection and realization of any dues along with the electricity dues, etc.

Media advice passed from Raman Kannah PSI  South Asia Sub Regional Secretary 

"Similar models have been introduced in other Countries , that in turn are used to create competition and provide the split of generation , transmission /distribution,  and retail...the model is long standing. ..but it's a big move for such legislation and market change for a country the size and population of India plus it's economic growth. ..While a model not our favorite it will see privateers push to build generation capacity and use the common electricity grid / network to share the retail side
It might also be an encouragement to some Govt owned electricity systems to move to divest their generation capacity  and retail arms piece by piece leaving the grid and network in public hands for a while? ?,
Industrially as PSI Affiliates we need to be cautious on a number of fronts including ownership  and current electricity structure break up ,  ..plus the regulatory issues around transmission charges and network / grid cost recovery costs for the ongoing operation,plus safety and operational issues ..Greg Mclean "