Central Electricity Regulatory Commission (Conduct of Business) Regulations, 2023

(Updated in 2025) As Amended by No. L -1/2064/2022-CERC dt. 07/01/2025 -Amendments in Regulation 60(9), Regulation 60A [19th October, 2023] Whereas the Electricity Act, 2003 (the Act) provides for the constitution of the Central Electricity Regulatory Commission to exercise the powers conferred on it and discharge the functions assigned to it under the Act; And whereas the central Electricity Regulatory Commission established under Section 3 of the Electricity Regulatory Commission Act, 1998, was deemed to be the Central Electricity Regulatory Commission for the purpose of the Act; And whereas sub-section (1) of Section 92 of the Act provides that the Central Electricity Regulatory Commission shall observe such rules of procedure in regard to the transaction of business at its meetings (including quorum at its meetings) as it may specify by regulations; And whereas the Central Electricity Regulatory Commission (Conduct of Business) Regulations, 1999, specified under Section 55 of the E

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S.Regulation 49 NOMINATION OF ARBITRATORS.--

(1) Where the Commission decides to refer the matter to arbitration by a person or persons, the reference shall be:

(a) To a sole arbitrator, if the parties to the dispute agree on the name of the sole arbitrator. Where the parties are unable to agree on the name of the sole arbitrator, the Commission may designate a sole arbitrator.

(b) The Commission may refer the dispute for arbitration by a panel comprising three arbitrators, after considering the nature of the dispute and the value involved. If the Commission decides to refer to a panel of three arbitrators, the Commission shall nominate two arbitrators based on the suggestions received from both parties and the third arbitrator shall be nominated based on the suggestion of both nominated arbitrators. If both nominated arbitrators fail to agree on the third arbitrator, the third arbitrator shall be nominated by the Commission:

Provided that if any of the nominated arbitrators fails or neglects to act or con

S.Regulation 50 PROCEDURE FOR ARBITRATION AND PASSING OF AWARD.--

(1) Where the Commission refers a dispute to an arbitrator or panel of three arbitrators for arbitration, the sole arbitrator or the panel of arbitrators may follow such procedure as they may consider appropriate, consistent with the principles of natural justice and fair opportunity to be given to the parties to the arbitration.

(2) In all other aspects, the arbitration shall be subject to the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996), as amended from time to time.

(3) The cost of the arbitration proceedings before the Arbitrator or Arbitrators shall be borne by such parties and in such sums as decided by the Arbitrator or panel of Arbitrators in accordance with the Arbitration and Conciliation Act, 1996, and the judicial decisions on the subject.

S.Regulation 51 INVESTIGATION, INQUIRY, COLLECTION OF INFORMATION, ETC..--

(1) The Commission may make such order or orders as it considers fit for collection of information, inquiry, investigation, entry, search, and seizure, without prejudice to the generality of its powers with regard to the following:

(a) The Commission may, at any time, direct the Secretary or any one or more officers, consultants or any other person as the Commission considers appropriate (hereinafter referred to as "Investigating Authority") to study, investigate, or furnish information with respect to any matter within the purview of the Commission under the Act and furnish the outcome of such study or investigation before the Commission.

(b) The Commission may, for the above purpose, give such other directions as it may deem fit and specify the time within which the report is to be submitted or information furnished.

(c) Any Investigating Authority, on being directed by the Commission to study or investigate any generating company or licensee or power exchange

S.Regulation 52 REVIEW OF ORDERS, DECISIONS AND DIRECTIONS.--

(1) The Commission shall exercise jurisdiction to review its own orders, decisions, and directions in accordance with Clause (f) of sub-section (1) of Section 94 of the Act read with Section 114 and Order 47 of the Civil Procedure Code.

(2) Any person aggrieved by a direction, decision, or order of the Commission, from which no appeal has been preferred, may file a review petition on the following grounds within forty days of the making of such decision, direction, or order:

(a) Upon the discovery of new and important matter or evidence that, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the direction, decision, or order was passed or;

(b) On account of some mistake or error apparent from the face of the record, or;

(c) If there is any other sufficient reason to review the matter.

(3) A petition for review shall be filed in the same manner as filing of a petition under of these Re

S.Regulation 53 Revision of Tariff Orders.--

The Commission, on being satisfied that there is a need to revise the tariff of any generating company or transmission licensee on account of non-consideration of any material or on account of a mistake in calculation, shall initiate the process of revision of the tariff and pass appropriate orders after giving the parties to the original tariff petition an opportunity to be heard.

S.Regulation 54 Amendment of Orders.--

Clerical or arithmetical mistakes in the orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Commission.

S.Regulation 55 Power of the Commission to promote consumer representation.--

(1) The Commission may appoint any officer or any other person to represent the interests of the consumers, as deemed fit, in the proceedings before the Commission.

(2) The Commission may direct for payment of such fees, costs, and expenses to an officer or any other person appointed to represent the interests of consumers in any proceedings before the Commission, as considered appropriate.

(3) The Commission may permit any Consumer, Consumers' Representative or Consumer Associations to participate in any proceedings before the Commission.

(4) The Commission may recognize Associations, Groups, Forum or Bodies corporate as registered Consumer Associations for purposes of representation before the Commission.

(5) Any Association, Group, Forum or Body Corporate representing interest of consumers, that is desirous of being recognized may make an application to the Commission for recognition and the Commission may, after holding such inquiry as considered appr

S.Regulation 56 Suo Motu Petitions.--

(1) The Commission may initiate any proceedings suo-motu for ensuring compliance with the provisions of the Act, the Rules or the Regulations framed under the Act or directions of the Commission.

(2) The Commission may also initiate suo-motu proceedings to decide issues of general importance and issue appropriate directions for compliance.

(3) The notice of the initiation of the proceedings may be issued by the Commission, and the Commission may give such orders and directions as may be deemed necessary for service of notices to the affected parties.

(4) The Commission may, in appropriate cases, designate an officer of the Commission or any other person whom the Commission considers appropriate to present the matter in the capacity of a Petitioner in the case.

(5) The Commission, to arrive at a just decision, at any time during the proceedings, shall seek necessary information from the parties in the matter in such form as it may direct.

(6) The Co

S.Regulation 57 Issue of Practice Directions.--

The Commission may from time to time issue orders and practice directions with regard to the implementation of any of its regulations and such matters incidental or ancillary thereto as the Commission may consider appropriate.

S.Regulation 58 Framing of Regulations.--

(1) The Commission, under Section 178 of the Act, has been empowered to make, by notification, relevant regulations consistent with the Act and the Rules to carry out the provisions of the Act. The Commission is required the procedure prescribed in the Electricity (Previous Publication) Rules, 2005 while making the regulations.

(2) The Commission may decide, at any time it deems appropriate, to frame new regulations or amend or repeal the existing regulations on any subject in accordance with Regulation 178 read with other appropriate provisions of the Act.

(3) The Commission may, for the purpose of framing the regulations, take the assistance of any institutions, consultants, experts, and such other professional bodies as it may consider necessary and appoint them to assist the Commission in framing the regulations.

(4) As part of the process of framing regulations, the Commission may decide to come up with a staff paper highlighting broad issues under consider

S.Regulation 59 Time limit for disposal of petitions.--

(1) Save as otherwise provided in the Act with regard to tariff petitions and applications for grant of licence or in the Procedure for holding Inquiry by Adjudicating officer Rules, 2004 in respect of the proceedings under Section 143 of the Act, or in Clause (6) of Regulation 52 of these Regulations in respect of review petitions, the Commission shall make endeavors to dispose of the petitions preferably within a period of six months from the date of completion of the pleadings.

(2) In cases where the petitions are not disposed of within six months from the date of completion of pleadings, the Commission shall record the reasons for the time taken for the disposal of the petitions.

S.Regulation 60 Advisory Committee.--

(1) The Commission shall, from time to time, constitute the Central Advisory Committee in terms of subsection (1) of Section 80 of the Act.

(2) The Committee shall consist of not more than 30 members to represent the interests of commerce, industry, transport, agriculture, labour, consumers, non-governmental organizations, academics, and research bodies in the electricity sector.

(3) The members shall be appointed for a minimum term of two years, which may be further extended at the discretion of the Commission.

(4) The Chairperson of the Central Commission shall be the ex officio Chairperson of the Central Advisory Committee, and Members of the Central Commission and the Secretary to the Government of India in charge of the Ministry or Department of the Central Government dealing with Consumer Affairs and Public Distribution System shall be ex-officio members of the Central Advisory Committee.

(5) The Committee shall advise the Commission on the followin

S.¹[Regulation 60A Participation of Experts or Persons of Eminence in the Expert Committee or Seminars or Lectures organized by the Commission.--

(1) The Commission may invite the experts in various fields as may be considered appropriate to participate in the Expert Committee constituted by the Commission or in the Consultation Process initiated by the Commission to carry out the purposes of the Act;

(2) The Commission may also invite persons of eminence to participate in the seminars or for delivery of lectures in the events organized by the Commission;

(3) The Commission, through separate notifications, may fix the travelling allowance, daily allowance, accommodation, taxi fare, and honorarium as may be admissible to the experts or persons of eminence who participate in the meetings of the expert committee or consultation process or seminar or lectures, as the case may be, in terms of sub-regulations (1) and (2) of this Regulation.]

S.Regulation 61 Continuance of Proceeding after death.--

(1) Where in any proceeding, any of the parties to the Proceedings dies or is adjudged to be an insolvent or in the case of a Company under insolvency resolution process or liquidation/winding up, the Proceedings shall continue with the successors-in-interest, the Resolution Professional, the executor, administrator, receiver, liquidator, or other legal representative of the party concerned.

(2) In case any person wishes to bring on record the successors-in-interest, etc., the application for the purpose shall be filed within 90 days from the event requiring the successors-in-interest to come on record.

(3) The Commission may, for reasons to be recorded, treat the Proceedings as abated, in case the Commission so directs, and dispense with the need to bring the successors-in-interest, etc. on the record of the case.

S.Regulation 62 Proceedings to be open to the public.--

The Proceedings before the Commission shall be open to the public:

Provided that the Commission may, if it considers fit and for reasons to be recorded in writing, order at any stage of the Proceedings of any particular case that the public generally or any particular person or group of persons shall have restricted access: Provided further that the Commission may decide for live streaming of its hearing in some particular cases through the link to be provided on the website of the Commission.

S.Regulation 63 Destruction of Records.--

(1) Records of the Commission except the permanent record shall be ordered to be destroyed by the Secretary after three years of the final conclusion of the proceedings, and if any appeal is filed under Section 111 of the Act, the records of the concerned petitions shall be destroyed three years after the disposal of the appeal.

(2) Before destruction, the records should be micro-filmed or kept in scanned form for future reference.

Note: The Permanent Record shall include the order, record of proceedings, and one copy of the pleadings of the petitions.

S.Regulation 64 Issue of orders and directions on procedures.--

Subject to the provisions of the Act and these regulations, the Commission may, from time to time, issue orders and practice directions in regard to the implementation of these regulations, the procedure to be followed and various other matters, which the Commission has been empowered by these regulations to specify or direct.

S.Regulation 65 Saving of the inherent power of the Commission.--

(1) Nothing in these regulations shall be deemed to limit or otherwise affect the inherent power of the Commission to make such orders as may be necessary for the ends of justice or to prevent the abuse of the process of the Commission.

(2) Nothing in these regulations shall bar the Commission from adopting in conformity with the provisions of the Act a procedure, that is at variance with any of the provisions of these Regulations if the Commission, in view of the special circumstances of a matter or class of matters and for reasons to be recorded in writing, deems it necessary or expedient for dealing with such a matter or class of matters.

(3) Nothing in these regulations shall, expressly or impliedly, bar the Commission from dealing with any matter or exercising any power under the Act for which no Regulations have been framed, and the Commission may deal with such matters, powers, and functions in a manner it thinks fit.

S.Regulation 66 General power to amend.--

The Commission may, at any time and on such terms or otherwise, as it may think fit, amend any defect or error in any proceedings before it, and all necessary amendments shall be made for the purpose of determining the real question or issue arising in the proceedings.

S.Regulation 67 Power to remove difficulties.--

If any difficulty arises in giving effect to any of the provisions of these regulations, the Commission may, by general or special order, do anything not inconsistent with the provisions of the Act, that appears to it to be necessary or expedient for the purpose of removing the difficulties.

S.Regulation 68 Power to relax.--

The Commission may, for reasons to be recorded in writing, relax any of the provisions of these regulations on its own motion or on an application made before the Commission by any party or interested person.

S.Regulation 69 Extension or abridgement of time prescribed.--

Subject to the provisions of the Act, the time prescribed by these regulations or by orders of the Commission for doing any act may be extended (whether it has already expired or not) or abridged for sufficient reasons by order of the Commission.

S.Regulation 70 Effect of non-compliance.--

(1) Failure to comply with any requirement of these regulations shall not invalidate any proceeding merely by reason of such failure, unless the Commission is of the view that such failure has resulted in miscarriage of justice.

(2) Failure to comply with the provisions of the Act, the Rules, the Regulations issued under the Act or any directions or orders of the

Commission shall invite appropriate action against the concerned party or person under Section 142 of the Act.

S.Regulation 71 Costs.--

(1) If the Commission considers any party abusing the process of Court or in any manner considered dilatory, vexatious, mala fide, or abuse of process, the Commission may require such delinquent party to make a deposit/payment upfront in the manner as directed by the Commission at such cost as deemed appropriate before proceeding in the matter.

(2) The Commission may also impose a suitable cost on any party at any stage of the proceedings, including at the stage of filing an interlocutory application, framing issues etc.

(3) While determining the cost, the Commission may take into consideration factors such as inconvenience caused to the parties/witnesses/other persons connected with the proceedings, previous conduct of the parties etc.

(4) The costs shall be paid within 30 days from the date of the order or within such time as the Commission may, by order, direct. Failure of the said party to make payments or deposits of cost shall result in all consequences, i

S.Regulation 72 Repeal and Savings.--

(1) Save as otherwise provided in these regulations, the Central Electricity Regulatory Commission (Conduct of Business) Regulations, 1999, along with all amendments, and the Central Electricity Regulatory Commission (Procedure for making of application for determination of tariff, publication of the application and other related matters) Regulations, 2004, along with all amendments, shall stand repealed from the date of commencement of these regulations.

(2) Notwithstanding such repeal, anything done or purported to have been done under the repealed regulations shall be deemed to have been done or purported to have been done under these regulations.

S.1

Form 1

CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI

Petition/Application No. .................... of .......................

Vakalatnama

Name & Address............... ................Petitioner(s)

Name & Address................... ................Respondent(s)

I,........................................ Petitioner No......................../Respondent No.....................................in the above petition/application do hereby appoint Shri/Kum./Smt................................................................................................ Advocate(s) with e-portal
Id............................ to appear, plead and act for me/us in the above pet

S.2

Form 2

BEFORE THE HON'BLE CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI
Petition No. ..... of .......

IN THE MATTER OF:....

Name & Address............ ............Petitioner(s)

Name & Address................... .............Respondent(s)

Memo of Appearance

I/We, .................. the Petitioner/Respondent above named do hereby nominate/appoint .................. (Name) to act, plead and appear on my/our behalf in the aforesaid matter.

IN WITNESS WHEREOF I/We have set and subscribed my/our hands to this writing on this ........... date of ..........

S.3

Form 3

BEFORE THE HON'BLE CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI

Petition No. ......... of ........

IN THE MATTER OF:--

Subject matter:

(Summary of the Purpose of the Petition along with relevant regulations/provisions of the Act under which such petition is being filed)

Name & Address............... ...................Petitioner(s)
Vs
Name & Address.................. .................Respondent(s)

Place:

Petitioner

Date:

(Name, Designation and Signature)

S.4

Form 4

BEFORE THE HON'BLE CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI

Petition No. ........ of ..........

IN THE MATTER OF:--

Subject matter

(Summary of the Purpose of the Petition along with relevant regulations/provisions of the Act under which such petition is being filed)

Name & Address…….. …..Petitioner(s)

Name & Address……..….. Respondent(s)

Affidavit verifying the Petition/Reply/Application

I, ............................................., S/o ................................., aged … years, ..................

S.5

FORM 5

TARIFF DETERMINATION/TRUING UP PETITIONS

(I) General Headings

As per Form 3

(II) Index

The table of contents, mentioning the contents of the Petition and Annexure along with their page numbers shall be included here.

(III) Petition (As per Regulation 15 of these Regulations)

(A) Executive Summary of the Petition

(i) Brief background of the Petitioner

(ii) Brief background of the Respondent(s)

(iii) Background of generating station/unit, transmission line/asset as the case may be.

(iv) Brief description of important events relevant to the Petition.

S.6

FORM 6

ADOPTION OF TARIFF UNDER SECTION 63 OF THE ELECTRICITY ACT, 2003

(I) General Headings

As per Form 3

(II) Index

The table of contents, mentioning the contents of the Petition and Annexure along with their page numbers shall be included here.

(III) Petition (As per Regulation 15 of these Regulations)

(A) Executive Summary of the Petition

(i) Brief background of the Petitioner

(ii) Brief background of the Respondent(s)

(iii) Brief Background of the Project

(B) Detailed Petition

(i) Complete Process of the Competitive Bidding process followe

S.7

FORM 7

PETITIONS FOR GRANT OF TRANSMISSION LICENCE

(I) General Headings

As per Form 3

(II) Index

The table of contents, mentioning the contents of the Petition and Annexure along with their page numbers shall be included here.

(III) Petition (As per Regulation 15 of these Regulations)

(A) Background

The information including but not limited to following shall be submitted by the Petitioner.

(i) Brief background of the Petitioner

(ii) Brief background of the Respondent(s)/Long Term Transmission Customers

(iii) Proof of serving a copy of the Petition to all the Res

S.8

FORM 8

PETITION FOR GRANT OF TRADING LICENCE

(I) General Headings

As per Form 3

(II) Index

The table of contents, mentioning the contents of the Petition and Annexure along with their page numbers shall be included here.

(III) Affidavit

The affidavit verifying the Petition as per these Regulations and in format as specified in Form 2 shall be included here.

(IV) Petition (As per Regulation 15 of these Regulations)

(A) Background

The information including but not limited to following shall be submitted by the Petitioner.

(i) Brief bac

S.9

FORM 9

REVIEW PETITIONS

(I) General Headings

As per Form 3

(II) Index

The table of contents, mentioning the contents of the Petition and Annexure along with their page numbers shall be included here.

(III) Affidavit

The affidavit verifying the Petition as per these Regulations and in format as specified in Form 2 shall be included here.

(IV) Petition (As per Regulation 15 of these Regulations)

(A) Executive Summary of the Petition

(i) Brief background of the Petitioner

(ii) Brief background of the Respondent(s)

(iii) Brief of the order or deci

S.10

FORM 10

REGULATORY COMPLIANCE PETITIONS

(I) General Headings

As per Form 1

(II) Index

The table of contents, mentioning the contents of the Petition and Annexure along with their page numbers shall be included here.

(III) Affidavit

The affidavit verifying the Petition as per these Regulations and in format as specified in Form 2 shall be included here.

(IV) Petition (As per Regulation 15 of these Regulations)

(A) Executive Summary of the Petition

(i) Brief background of the Petitioner

(ii) Facts of the case

(ii

S.11

FORM 11

MISCELLANEOUS PETITIONS

S.12

FORM 12

(INTERLOCUTORY APPLICATION)

BEFORE THE CENTRAL ELECTRICITY REGULATORY COMMISSION

NEW DELHI

Interlocutory Application No. .........of .........

in

Petition No....... of.......

Name & Address.......... .............Applicant/Petitioner(s)

Name & Address............. ..............Respondent/Respondent(s)

Petition for (mention the subject).

The Applicant(s) above named state(s) as follows:

1. Set out the relief(s)

2. Brief facts

3. Basis on which interim orders prayed for

S.13

Form 13

BEFORE THE HON'BLE CENTRAL ELECTRICITY REGULATORY

COMMISSION NEW DELHI

Petition No. ...... of.......

IN THE MATTER OF:--

Subject matter

(Summary of the purpose of the Petition along with reference to appropriate regulations/provisions under which the Petition is being filed)

........Petitioner(s)

.......Respondent(s)

APPLICATION FOR INSPECTION OF DOCUMENT/RECORDS

S.14

Form 14

[To be published in pursuance of Clause (7) of Regulation 23]

NAME OF THE COMPANY (REGISTERED OFFICE ADDRESS...................)

1. The Petitioner above-named has filed a petition before the Central Electricity Regulatory Commission, New Delhi for determination of tariff for [Give name of the generating station transmission system].

2. The beneficiaries of the generating station/transmissions system are:

(a)

(b)

(c)

(d)
..................................................
.................................................

3. Capacity of the generating station/line

S.Central Electricity Regulatory Commission (Conduct of Business) (First Amendment) Regulations, 2025 All Amendments incorporated at appropriate place

CENTRAL ELECTRICITY REGULATORY COMMISSION

NEW DELHI

No. L -1/2064/2022-CERC

Dated: 7^th January, 2025

NOTIFICATION

No. L -1/2064/2022-CERC-- In exercise of the powers conferred under Section 178(2)(zb) read with Section 92(1) of the Electricity Act, 2003 (36 of 2003), and all other powers enabling it in this behalf, and after previous publication, the Central Electricity Regulatory Commission, hereby makes the following regulations, to amend the Central Electricity Regulatory Commission (Conduct of Business) Regulations, 2023 (hereinaf

S.Regulation 1 SHORT TITLE, EXTENT, AND COMMENCEMENT.--

(1) These regulations may be called the Central Electricity Regulatory Commission (Conduct of Business) Regulations, 2023.

(2) These regulations shall extend to the whole of India.

(3) These regulations shall come into force from the date of publication in the Official Gazette.

S.Regulation 2 APPLICATION.--

ALL PROCEEDINGS, WHETHER PENDING BEFORE OR INSTITUTED AFTER THE DATE OF COMMENCEMENT OF THESE REGULATIONS, SHALL BE GOVERNED BY THESE REGULATIONS.

S.Regulation 3 DEFINITIONS.--

IN THESE REGULATIONS, UNLESS THERE IS ANYTHING REPUGNANT IN THE SUBJECT OR CONTEXT,

(1) 'Act' means the Electricity Act, 2003 (36 of 2003);

(2) 'adjudication' means the process of arriving at decisions on the petitions submitted to the Commission;

(3) 'admission' means the stage of consideration or hearing of a petition where its maintainability for further proceedings before the Commission is decided having due regard to the jurisdiction of the Commission, limitation in filing the petition, and such other factors as considered relevant by the Commission, and does not include any decision on merit on the issues raised in the petition;

(4) 'Advocate' means a person who is entitled to practice the profession of law under the Advocates Act, 1961 (25 of 1961);

(5) 'Appellate Tribunal' means the Appellate Tribunal for Electricity as established under Section 110 of the Act;

(6) 'Code' means the Code of Civil Procedure, 1908 (5 of 1908), as amende

S.Regulation 4

(1) THE WORDS AND EXPRESSIONS USED IN THESE REGULATIONS THAT ARE NOT DEFINED HEREIN BUT DEFINED IN THE ACT OR ANY OTHER REGULATIONS OF THE COMMISSION SHALL HAVE THE SAME MEANING ASSIGNED TO THEM UNDER THE ACT OR ANY OTHER REGULATIONS OF THE COMMISSION.

(2) ALL OTHER EXPRESSIONS USED IN THESE REGULATIONS SHALL HAVE THE MEANINGS ASCRIBED TO THEM BY THE CODE, ARBITRATION AND CONCILIATION ACT, 1996, LIMITATION ACT, 1961, INDIAN CONTRACT ACT, 1878, INFORMATION TECHNOLOGIES ACT, 2000, AND GENERAL CLAUSES ACT, 1897, AS AMENDED FROM TIME TO TIME.

S.Regulation 5 Period how calculated.--

Where a particular number of days are prescribed by these regulations or other regulations or by or under any other law or is fixed by the Commission for doing any act, the starting day from which the said period is to be reckoned shall be excluded, and if the last day expires on a day when the office of the Commission is closed for the day or part thereof, that day and any succeeding day(s) on which the Commission remains closed for the day or part thereof shall be excluded.

S.Regulation 6 How the order, notice etc. to run.--

Every order, notice, or other process shall be in the name of the Commission and shall be signed by the Secretary or any other officer officially authorized in that behalf, with the day, month, and year of signing, and shall be sealed with the Seal of the Commission.

S.Regulation 7 COMMISSIONS OFFICE.--

(1) The place of the offices of the Commission shall be as notified by the Commission from time to time.

(2) Unless otherwise notified, the offices of the Commission shall be in New Delhi.

S.Regulation 8 OFFICE HOURS.--

THE OFFICES OF THE COMMISSION SHALL REMAIN OPEN ON ALL WORKING DAYS FROM 0930 HRS TILL 1800 HRS, WITH A LUNCH BREAK FROM 1330 HRS TO 1400 HRS:

PROVIDED THAT IN THE EXIGENCIES OF WORK, THE CHAIRPERSON OR, IN HIS ABSENCE, THE SENIOR MOST MEMBER MAY DIRECT THAT THE OFFICES OF THE COMMISSION SHALL REMAIN OPEN ON A NON-WORKING DAY.

S.Regulation 9 PLACE OF SITTING OF THE COMMISSION AND SITTING HOURS.--

(1) The Commission may hold hearings at its offices in New Delhi or at any other place as notified by the Commission.

(2) The Commission may notify the days and hours of sitting as may be considered necessary.

S.Regulation 10 PLACE OF MEETINGS OF THE COMMISSION.--

THE COMMISSION MAY HOLD MEETINGS AT ITS OFFICE IN NEW DELHI OR ANY OTHER PLACE AS MAY BE DECIDED BY THE COMMISSION.

S.Regulation 11 LANGUAGE IN THE PROCEEDINGS OF THE COMMISSION.--

(1) The Proceedings of the Commission shall be conducted in English. The Commission may permit the proceedings to be conducted in Hindi.

(2) All Petitions filed before the Commission shall be in English. Petitions filed in Hindi shall be accompanied by a translation thereof in English, duly certified by the person filing the petition.

(3) Any document(s) or material submitted in connection with the petition that is in Hindi or in any other Indian language shall be accompanied by a translation thereof in English:

Provided that an English translation of a document shall be accepted,

(a) which is agreed to by all parties; or

(b) which is prepared by an official translator from authorities/bodies duly recognised by the Central Government or a State Government;

(c) which is prepared by a translator specifically appointed or approved by the Commission.

S.Regulation 12 SEAL OF THE COMMISSION.--

(1) The official Seal and Emblem of the Commission shall be such as the Commission may decide and notify in the Official Gazette from time to time.

(2) The official Seal shall be kept in the custody of the Secretary of the Commission.

(3) Every order, communication, notice, or certified copy of any document by the Commission shall be stamped with the Seal of the Commission and shall be certified by the Secretary or any other officer designated for the purpose by the Commission.

(4) Every order or record of proceedings issued to parties through the e-filing portal or through any other mode shall bear the Seal of the Commission embossed or watermarked on it.

S.Regulation 13 EXECUTIVE POWERS OF THE COMMISSION.--

(1) In accordance with sub-section (4) of Section 77 of the Act, the Chairperson shall be the Chief Executive of the Commission.

(2) All executive powers of the Commission shall be exercised by the Chairperson.

(3) If the post of Chairperson is vacant, the senior most Member of the Commission shall exercise the executive powers of the Commission during the period of such a vacancy.

S.Regulation 14 OFFICERS OF THE COMMISSION.--

(1) The Commission shall have the power to appoint the Secretary, the Chiefs of Divisions, and other officers and employees to assist the Commission in carrying out the provisions of the Act and in discharging such other functions as may be assigned by the Commission from time to time.

(2) The qualifications, experience, and other terms and conditions for the appointment of the Secretary, Chiefs of Divisions, other officers, and employees of the Commission shall be as specified in the Central Electricity Regulatory Commission (Recruitment, Control and Service Conditions of Staff) Regulations, 2007, as amended from time to time, or any subsequent enactment thereof.

(3) The Commission may appoint consultants for rendering expert opinion and assistance in the discharge of its functions on such terms and conditions as specified in the Consultants Regulations.

(4) The Secretary shall be the Principal Officer of the Commission and shall exercise such powers and perfor

S.Regulation 15 CLASSIFICATION OF PETITIONS TO BE FILED BEFORE THE COMMISSION.--

(1) Petitions to be filed before the Commission shall be categorized into following:

(a) 'tariff petition' means the petition filed under Section 62 of the Act for determination of tariff of the generating stations covered under Clauses (a) and (b) of sub-section (1) of Section 79 of the Act and of inter-State transmission system under Clause (d) of sub-section (1) of Section 79 of the Act and shall include the petitions for truing up of tariff. Tariff Petition shall also include the petition for determination of fees and charges of Regional Load Despatch Centres under sub-section (4) of Section 28 of the Act and truing up thereof;

(b) 'petition for grant of licence' means the petition filed under Section 15 of the Act for grant of licence for inter-State trading or inter-State transmission of electricity;

(c) 'petition for adoption of tariff' means the petition filed under Section 63 of the Act for adoption of tariff discovered through competitive bidding in re

S.Regulation 16 FORMAT AND STRUCTURE OF THE PLEADINGS.--

(l) EVERY PLEADING PRESENTED TO THE COMMISSION:

(a) shall be in English, fairly and legibly type written, lithographed, or printed in double spacing on both sides of A-4 size white paper with an inner margin of about 3 (three) cms width on top and on the left side, 1 (one) cm on the right side, and 2 (two) cms on the bottom;

(b) shall be prepared in MS Word with the font Ariel and font size 12.

(c) shall in its cause title state "Before the Central Electricity Regulatory Commission, New Delhi";

(d) shall be divided into paragraphs that are numbered consecutively, each paragraph containing, as nearly as may be, a separate averment or allegation;

(e) shall be paginated numerically from the first page (including title, index, memo of parties, etc) to the last page, and no page shall be left unnumbered. Alpha-numeric pagination shall not be accepted;

(f) shall be accompanied by such documents, data, and statements in support of the averments or

S.Regulation 17 AFFIDAVIT IN SUPPORT.--

(1) Every petition shall be verified by an affidavit, and every such affidavit filed shall be as per these regulations and in the format specified in Form 4.

(2) The affidavit shall be drawn up in the first person and shall state the full name, age, occupation, and address of the deponent and the capacity in which the affidavit is signed and shall be duly notarised.

(3) Every affidavit shall indicate that the statements made thereunder are based on:

(a) knowledge of the deponent;

(b) information received by the deponent; and

(c) believed to be true by the deponent.

(4) Where any statement made in the affidavit is believed to be true based on information received by the deponent, the affidavit shall also disclose the source of the information.

S.Regularion 18 PRESENTATION OF PLEADINGS AND OTHER DOCUMENTS.--

(1) All petitions including the documents relied upon and other pleadings shall be filed electronically using the e-filing portal of the Commission, in the manner as provided in Annexure I to these regulations.

(2) Prior to filing the petition, the concerned party shall seek registration for e-filing of the petition and shall obtain a unique login id and password. The login id and password issued shall be used for the e-filing of the petition and subsequent pleadings.

(3) Petitions shall be uploaded on the e-filing portal of the Commission (www.cercind.gov.in) or at the e-filing desk facility located in the Commission's office. E-filing desk facility located in the Commission's office is available from 10.00 a.m. to 5.00 p.m. on all working days.

(4) The party filing the petition shall map the respondents impleaded in the petition by selecting the appropriate option in the e-filing portal. In case, any particular Respondent impleaded in the petition is not regis

S.Regulation 19 AUTHORITY TO REPRESENT BEFORE THE COMMISSION -ADVOCATES THROUGH VAKALATNAMA.--

(1) A party being represented through an Advocate shall file a Vakalatnama as per Form 1.

(2) Every Vakalatnama shall be duly signed by the party and contain the seal of the party, the name of the party signing, and on whose behalf he has signed.

(3) Where a Vakalatnama is executed by an agent or authorised representative of a party, a copy of the instrument or document of such authorisation, shall accompany the Vakalatnama.

(4) Where several persons sign a single Vakalatnama, they shall put their signatures ad seriatim, mentioning their serial number and name in the brackets corresponding to their serial number and name mentioned in the memo of parties.

(5) Where a single Vakalatnama has been executed in favour of more than one Advocate, the names and particulars of all the Advocates shall be provided therein.

(6) The case number and its cause title shall be clearly mentioned in the Vakalatnama.

(7) Vakalatnama shall contain the name, enrol

S.Regulation 20 AUTHORITY TO REPRESENT A PARTY BEFORE THE COMMISSION.--

MEMBERS OF STATUTORY PROFESSIONAL BODY THROUGH MEMORANDUM OF APPEARANCE.-- (1) A party may authorise a member of any statutory professional body holding a Certificate of Practice to represent and plead on his behalf before the Commission in tariff matters or matters involving matters of accounting, taxation, etc.

(2) Every Memo of Appearance in favour of the member of the statutory professional body holding a Certificate of Practice shall be duly signed by the party and contain the seal of the party, the name of the party signing, and on whose behalf, he has signed.

(3) The Memo of Appearance shall be filed as per Form 2.

(4) A member of a statutory professional body, upon filing the Memo of Appearance, duly executed by a party that discloses the name and designation of the party, shall be entitled to act, to plead for that party in the matter, and to conduct and prosecute all proceedings that may be taken in respect of such matter, or any application connected

S.Regulation 21 AUTHORITY TO REPRESENT A PARTY BEFORE THE COMMISSION.--

DESIGNATED OFFICERS OF A COMPANY OR CORPORATION OR CONSUMER ASSOCIATION THROUGH AUTHORISATION.-- (1) In case of a company or a body corporate, etc., an official not below the rank of Deputy General Manager or an equivalent rank working in such a company or body corporate or a consultant engaged by such a company or body corporate, shall be eligible to appear before the Commission, if the said official or consultant has been authorised by a Board resolution of the company or the body corporate, as the case may be.

(2) The official or consultant so authorised under clause (1) of this Regulation should be well conversant with the facts of the case and should be in a position to clarify the queries of the Commission during the hearing.

(3) The authorized official or consultant shall file Memo of Appearance as per Form 2.

S.Regulation 22 AUTHORITY TO REPRESENT CONSUMER INTEREST BEFORE THE COMMISSION -CONSUMER ASSOCIATION THROUGH ADVOCATES OR DESIGNATED REPRESENTATIVES.--

(1) Only a consumer association shall be permitted to appear before the Commission and participate in the proceedings either through its designated representative or through an Advocate.

(2) When the consumer association is represented through an Advocate, it shall execute Vakalatnama in accordance with Regulation 19 of these regulations in favour of the said Advocate.

(3) When the consumer association is represented through a designated representative, it shall execute a Memo of Appearance in accordance with Regulation 21 of these regulations in favour of the said representative.

S.Regulation 23 TARIFF PETITIONS.--

(1) Subject to provisions of Regulation 16 to Regulation 18 of these regulations, petitions for determination of tariff under Section 62 of the Act shall be made in the relevant forms appended to the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019 or under the relevant forms of any subsequent enactment thereof.

(2) The Petitioner shall pay the fees for tariff petitions through the e-portal of the Commission via the payment gateway and enclose a receipt thereof along with the petition.

(3) The Petitioner shall map the names and addresses of the Petitioner(s) and Respondent(s) on the e-filing portal of the Commission. The Petitioner shall upload the petition along with all its annexures and other related documents through the e-filing portal of the Commission by following the Procedure specified in Annexure I to these regulations.

(4) The Petitioner shall serve a copy of the petition on each of the Respondents and the P

S.Regulation 24 PETITIONS FOR GRANT OF LICENCE FOR INTER-STATE TRADING AND INTER-STATE TRANSMISSION OF ELECTRICITY.--

(1) Subject to provisions of Regulation 16 to Regulation 18 of these regulations, the petitions for grant of licences for inter-State trading of electricity shall be made in accordance with the provisions of the Central Electricity Regulatory Commission (Procedure, Terms and Conditions for grant of Trading Licence, and other related matters) Regulations, 2020, as amended from time to time or any subsequent enactment thereof.

(2) Subject to provisions of Regulation 16 to Regulation 18 of these regulations, petitions for grant of licences for inter-State transmission of electricity shall be made as per the provisions of the Central Electricity Regulatory Commission (Procedure, Terms and Conditions for grant of Transmission Licence and other related matters) Regulations, 2009, as amended from time to time, read with order dated 22.1.2022 in Suo Motu Petition No. 1/SM/2022 or any subsequent enactment thereof.

S.Regulation 25 PETITION FOR GRANT OF APPROVAL FOR SETTING UP OF POWER EXCHANGE.--

Subject to the provisions of Regulations 16 to Regulation 18 of these regulations, petitions for grant of registration of a Power Exchange shall be made in accordance with the provisions of Regulation 11 of the Central Electricity Regulatory Commission (Power Market) Regulations, 2021, as amended from time to time or any subsequent enactment thereof.

S.Regulation 26 INTERLOCUTORY APPLICATIONS.--

(1) Every interlocutory application shall be instituted in the petition in which it is filed.

(2) Every interlocutory application shall be made as per Form 12 and shall be filed through e-filing portal of the Commission and hard copies thereof, in triplicate, shall be filed in the Registry of the Commission within three days of e-filing.

(3) An interlocutory application shall be filed to seek any of the following reliefs:

(a) Interim relief

(b) Amendment of the averments in a petition or the prayers in a petition or both;

(c) Impleadment of a new party in a petition;

(d) Deletion of a party in a petition;

(e) Substitution of a party in a petition;

(f) Condonation of delay in filing a petition;

(g) Restoration of a petition dismissed of ex parte;

(h) Permission to file additional documents or submissions in a petition;

(i) Exemption from filing original document(s) or translated copies or certified copies of

S.Regulation 27 FEES FOR FILING PETITION.--

(1) Every petition shall be accompanied by appropriate fees and charges specified in Regulation 3 to Regulation 11 of the Central Electricity Regulatory Commission (Payment of Fees) Regulations, 2012, as amended from time to time.

(2) The fees for the petitions shall be paid through the SAUDAMINI e -portal of the Commission via payment gateway in accordance with Regulation 12 of the Central Electricity Regulatory Commission (Payment of Fees) Regulations, 2012, as amended from time to time.

(3) The proof of payment of fees shall be submitted in Form I specified under Regulation 12 of the Central Electricity Regulatory Commission (Payment of Fees) Regulations, 2012, as amended from time to time.

(4) In case waiver of payment of fees is sought in respect of any petition, the concerned party shall separately make a request indicating the reasons for such waiver, along with documentary proof, if any, and upload the request for waiver alongwith the petition on the e-f

S.Regulation 28 Scrutiny of Petitions.--

(1) Upon receipt of the petition, the designated officer of the Registry shall acknowledge receipt of the petition by stamping and endorsing the date of receipt thereof. In case the petition is received by registered post, the date on which the petition is actually received in the Registry shall be considered as the date of presentation of the petition.

(2) The presentation and receipt of the petition shall be duly entered in the register maintained in the Registry of the Commission.

(3) If on scrutiny, it is found that the petition conforms to the particulars as per checklists posted on the e-filing portal from time to time in terms of the relevant regulations and the petition is otherwise in order, the petition shall be registered by the designated officer in the Registry of the Commission within three days of such scrutiny and given a number.

(4) In on scrutiny, it is found that the petition does not conform to the particulars as per checklists posted on the

S.Regulation 29 PROCEEDINGS OF THE COMMISSION.--

The Commission may, from time to time, hold hearings, meetings, inquiries, investigations, and consultations as it may consider appropriate in the discharge of its functions under the Act.

S.Regulation 30 CORAM OF THE COMMISSION IN PETITIONS EXCEPT REVIEW PETITIONS.--

(1) All petitions involving substantial questions of fact and law shall be heard by a coram consisting of the Chairperson and all available Members of the Commission:

Provided that the quorum for the proceedings before the Commission shall be two:

Provided further that in all adjudication proceedings under Section 79(1)(f) of the Act, Member (Law) shall form part of the coram:

Provided also that in case, hearing of a petition is not completed on a particular day, the petition shall be treated as part-heard and shall be placed before the same coram on subsequent days till completion of hearing:

Provided also that before the completion of hearing in any petition treated as part-heard, if any Member of the coram demits office or is absent on account of leave or otherwise for a period in excess of two months, the Chairperson or in his absence the senior most Member of the Commission may discharge such matter from the category of part-heard and reconstitute th

S.Regulation 31 Coram of the Commission in case of Review Petitions.--

(1) If the Members constituting the coram which heard and passed the order in a petition (main petition) are available, those Members only shall hear and issue order in the review petition filed for review of the order in the main petition. No other Member shall be associated at the stage of hearing of the review petition, except in the circumstances covered under clauses (2) and (3) of this Regulation.

(2) It is only when a Member or Members who heard the main petition as part of the coram is or are not available on account of death or superannuation, or absence for a period of 6 months, then only the Chairperson or in his/her absence the senior most member shall constitute a coram to hear the review petition which shall consist of equal number of Members including the Members available who passed the order in the main petition.

(3) If, on account of a vacancy or vacancies in the Commission, it is not possible to constitute a coram in a review petition equal to the co

S.Regulation 32 ADMISSION OF PETITIONS.--

(1) In the first hearing, all petitions except the petitions for determination of tariff under Section 62 or adoption of tariff under Section 63 of the Act shall be listed for admission:

Provided that the petitions for determination of tariff or adoption of tariff shall be listed for admission if any objection is raised on the maintainability of the petitions on the ground of jurisdiction of the Commission.

(2) The Commission may, if it considers appropriate, issue notice to such person or persons other than the Petitioner as it may desire to hear at the stage of admission of the petition.

(3) The Commission may, if considered appropriate, admit a petition without requiring the attendance of the Petitioner:

Provided that the Commission shall not pass an order refusing admission of a petition without giving the Petitioner an opportunity to be heard.

(4) If the petition is admitted, the Commission may give such orders or directions for service of not

S.Regulation 33 PROCESSES FOR SERVICE OF NOTICES, SUMMONS, ORDERS OR DOCUMENTS ETC..--

(1) Every notice or summons or order or documents required to be given to or served on a party or person as per the directions of the Commission shall be served, through the e-filing portal of the Commission, which shall be considered as proper service:

Provided that if any party to whom a notice or summons or order or document is required to be served has not been registered with the e-filing portal of the Commission, the service of such notice or summons or order or document shall be carried out in accordance with clause (2) of this Regulation.

(2) In addition to the means provided in clause (1) of this Regulation, the Commission may direct for service of notice or summons or order or document on a party by any of the following modes:

(a) by hand delivery through a messenger and obtaining signed acknowledgement; or

(b) by registered post with acknowledgement due; or

(c) by publication in newspapers in cases where the Commission is satisfied that

S.Regulation 34 FILING OF REPLIES, OPPOSITIONS, OBJECTIONS AND REJOINDERS ETC..--

(1) Every Respondent or any other person to whom the notice or summons or order is issued and who intends to oppose or support the Petition shall file its reply and supporting documents through e-filing portal of the Commission and shall also file the hard copies of the reply and supporting documents, in triplicate, in the Registry of the Commission within three days of e-filing.

(2) Every Respondent or any other person filing the reply shall specifically admit or deny or explain the facts stated in the petition and may also state such additional facts as he considers necessary for a just decision of the issues raised in the petition.

(3) Every Respondent or any other person filing the reply shall serve a copy thereof along with the supporting documents on the Petitioner or his authorised representative or his Advocate and shall file proof of such service through e-filing portal as well as in the Registry of the Commission.

(4) Where the Respondent or any other

S.Regulation 35 HEARING OF THE MATTER.--

(1) The Commission may determine the stages, the manner, the place, the date, and the time of the hearing of the matter as it considers appropriate:

Provided that the hearing may be in physical or virtual or hybrid mode, as may be decided by the Commission:

Provided further that virtual hearings shall be held in accordance with the Standard Operating Procedure (as per the Annexure-II or as may be modified from time time) for virtual hearing.

(2) In order to ensure timely and expeditious completion of proceedings, the Commission may adopt suitable procedures of its own, including but not limited to:

(a) Joinder of cases for hearing;

(b) Appointing a representative for a class of consumers or parties to file combined pleadings, affidavits, and supporting documents as also to present the case on behalf of such a class of consumers or parties;

(c) Seeking testimony, advice or opinion on specific issues;

(d) Appointing amicus curie.

S.Regulation 36 POWER OF THE COMMISSION TO REQUEST ANY ADVOCATE TO ADDRESS IT.--

(1) THE COMMISSION MAY, IN ITS DISCRETION, REQUEST ANY ADVOCATE TO ADDRESS IT AS TO ANY INTEREST THAT IS LIKELY TO BE AFFECTED BY ITS DECISION IN ANY MATTER IN THE PETITION OR PROCEEDINGS IF THE INTEREST THAT IS LIKELY TO BE AFFECTED IS NOT REPRESENTED BY AN ADVOCATE.

(2) The Commission may, in its discretion, appoint any person, including an advocate or a specialist in a specific field, to act as amicus curiae, on payment of such fees as may be decided by the Commission, for assisting the Commission on issues, that in the opinion of the Commission, involve substantial question of law or public interest.

S.Regulation 37 POWERS OF THE COMMISSION TO ADD/SUBSTITUTE/REMOVE PARTY(IES).--

(1) The Commission may, at any stage of the proceedings in a petition, either upon or without the application of either party, and on such terms as may appear just to the Commission, order that the name of any party, whether as Petitioner or as Respondent, be struck out, and the name of any person, whether as Petitioner or as Respondent, be added whose presence before the Commission may be necessary, in order to enable the Commission to effectually and completely adjudicate upon and settle all the issues involved in the Petition.

(2) Where a Respondent is added, the petition shall, unless the Commission otherwise directs, be amended in such manner as may be necessary, and the amended copies of the petition and notice shall be served on the new Respondent and, if the Commission thinks fit, on the original Respondents.

S.Regulation 38 AMENDMENT OF PLEADINGS.--

The Commission may, at any stage of the proceedings in a petition, allow either party to alter or amend its pleadings in such manner and on such terms as may be considered appropriate, and all such amendments shall be made as may be necessary for the purpose of determining the real issues in controversy between the parties:

Provided that no application for amendment shall be allowed after commencement of the final hearing of the petition, unless the Commission is of the opinion that, in spite of due diligence, the party could not have raised the matter before the commencement of the final hearing:

Provided further that no application for amendment shall be entertained after the conclusion of the final hearing and order is reserved in the petition.

S.Regulation 39 APPLICATION OF LIMITATION ACT, 1963.--

WHILE DECIDING THE LIMITATION PERIOD FOR THE FILING OF ANY PETITION BEFORE THE COMMISSION BY ANY PARTY UNDER SECTION 79(1)(F) OF THE ACT, THE COMMISSION SHALL BE GUIDED BY THE PROVISIONS OF THE LIMITATION ACT, 1963.

S.Regulation 40 POWERS OF THE COMMISSION TO CALL FOR FURTHER INFORMATION, EVIDENCE, ETC..--

(1) The Commission may, at any time before passing orders in any petition, require the parties or any one or more of them, or any other person whom the Commission considers appropriate, to produce such documentary or other evidence as the Commission may consider necessary for the purpose of enabling it to pass orders.

(2) The Commission may direct the summoning of the witnesses, discovery and production of any document or other material objects producible in evidence, requisitioning of any public record from any office, examination by an officer of the Commission of the books, accounts, or other documents or information in the custody or control of any person, receiving evidence on affidavit, issuing commission for the examination of witnesses that the Commission considers relevant to the matter. For this purpose, the Commission shall exercise such powers as are vested in a Civil Court under the Code as enumerated under sub-section (1) of Section 94 of the Act.

(3) The

S.Regulation 41 REFERENCE OF ISSUES.--

(1) At any stage of the proceedings in a petition, the Commission may refer such issue(s) as it considers appropriate to any person(s), including, but not limited to, the officers and consultants of the Commission, whom the Commission considers as qualified to render expert advice or opinion on such issue(s).

(2) The Commission may nominate from time to time any person(s), including, but not limited to, the officers and consultants of the Commission, to visit any place or places for inspection and report on the existence or status of the place or any facilities therein.

(3) The Commission, if it thinks fit, may direct the parties to appear before the persons designated in terms of clause (1) or clause (2) of this Regulation (designated persons) to present their respective views on the issues referred to such designated persons.

(4) The report or opinion received from such designated persons shall form part of the record in the petition, and the copies thereof sh

S.Regulation 42 PROCEDURE TO BE FOLLOWED WHERE ANY PARTY DOES NOT APPEAR.--

(1) Where, on the date fixed for hearing or any other date to which such hearing may be adjourned, if the Petitioner (including his Advocate or his authorized representative) does not appear when the petition is called for hearing, the Commission may, in its discretion, either dismiss the petition for default on the part of the Petitioner or proceed to decide the petition ex-parte in the absence of the Petitioner or adjourn the hearing of the petition to a subsequent date.

(2) Where, on the date fixed for hearing or any other date to which such hearing may be adjourned, if the Petitioner appears but the Respondent(s) do not appear when the petition is called for hearing, the Commission may, in its discretion, fix a fresh date of hearing or proceed to decide the petition ex-parte in the absence of such Respondent(s).

(3) Where a petition is dismissed or is decided ex-parte, the person aggrieved may file an appropriate application within 30 days from the date of such dis

S.Regulation 43 ATTENDANCE BY MEMBERS, VOTING ON THE PETITIONS.--

(1) The Members who have heard the petition at the stage of the final hearing shall vote on the decisions on the issues involved in the petition.

(2) All issues involved in the petition shall be decided by a majority of the Members present and voting, and in the event of equality of votes, the Chairperson, or the senior most Member who presided in the hearing of the petition, as the case may be, shall have a second or casting vote.

(3) Subject to the provisions of clause (2) of this Regulation, every Member shall have one vote.

(4) If any Member does not agree with the findings or decisions of the majority of the Members, he may issue a separate order giving his own findings or decisions.

(5) The decision of the Commission by a majority of Members shall be binding.

(6) The reasons given by the Commission in support of the orders, including those by the dissenting Member, if any, shall form a part of the order.

(7) The order shall be in such

S.Regulation 44 Orders of the Commission.--

(1) All orders and decisions issued or communicated by the Commission shall be authenticated by the Secretary or an officer empowered in this behalf by the Chairperson and bear the official seal of the Commission.

(2) All orders of the Commission shall be uploaded on the website of the Commission within three days of their dates of signing.

(3) The date of uploading of an order on the website of the Commission shall be deemed to be sufficient service of such order upon the concerned parties, and the period of limitation for filing the review petition against any such order shall commence from the next day calculated from the date when the order was actually uploaded on the website of the Commission.

(4) All orders of the Commission shall be electronically transmitted by the Registry of the Commission at the given official email addresses of the Petitioner, the Respondent(s) or any other party to the Petition, and the electronic transmission of such orders shall

S.Regulation 45 RECORD OF PROCEEDINGS OF THE COMMISSION.--

(1) The record of proceedings of the hearings of the petitions shall be issued after approval by the Commission under the signature of the authorized officers.

(2) The record of proceedings of the Commission shall reflect the nature of the hearing held, the persons who attended the hearing, namely, the Advocates, representatives of the parties, Consumers and Consumer Associations, if any, the status of the case, the main issues argued in brief, any specific queries made by the Commission and replies of the parties to such queries, etc. If the proceedings are adjourned to the next date, the same shall be indicated. If the order in a petition is reserved, the same shall be clearly mentioned in the record of proceedings.

(3) The record of proceedings of the hearings of the petitions shall be uploaded on the website of the Commission as soon as possible after approval by the Commission and shall be dispatched to the parties through the e-filing portal of the Commission.

S.Regulation 46 INSPECTION OF RECORDS OF PROCEEDINGS AND SUPPLY OF CERTIFIED COPIES.--

(1) Records of proceedings in a petition, except those parts, that, for reasons to be specified by the Commission, are confidential, privileged or otherwise not to be disclosed to any person, shall be open to inspection by a party to the petition or any other person either during the proceedings or after the orders have been passed in the petition, subject to such person complying with such terms as the Commission may direct from time to time, including with regard to the time, place, and manner of inspection and payment of fees.

(2) An application as per Form 13 shall be made by the party or any other person who desires to inspect the records in a petition.

(3) The Commission, on an application made by a person who is not a party to the petition, may, on good cause shown, allow such person for inspection of records or to obtain copies thereof, on payment of prescribed fees and charges.

(4) All inspections shall be allowed only in the presence of an officer so a

S.Regulation 47 INTERIM ORDERS.--

The Commission may pass such interim orders as it may consider appropriate at any stage of the proceedings in a petition.

S.Regulation 48 REFERENCE OF DISPUTES FOR ARBITRATION.--

(1) The proceedings in respect of petitions filed under Section 79(1)(f) of the Act for adjudication or arbitration of disputes involving generating companies or transmission licensees in regard to matters connected with Clauses (a), (b), (c) and (d) of sub-section (1) of Section 79 of the Act may be commenced by the Commission on the basis of the application filed by either of the parties to the disputes.

(2) Where a party filing the petition has prayed for reference of the dispute to arbitration, the Commission shall issue notice to the other concerned parties seeking their views as to why the matter should not be settled through arbitration.

(3) The Commission may, after hearing the parties to whom the notices have been issued, if satisfied that there are some elements of settlement, pass an order directing that the dispute be referred for settlement through arbitration by a person or persons as decided by the Commission in accordance with Regulation 49 of these reg