NOTIFICATION
THE 7th SEPTEMBER, 1998

ORISSA ELECTRICITY REGULATORY COMMISSION REGULATION 03 OF 1998

No.OERC/Engg-65/98/1435 In the exercise of powers conferred on it by Section 54 of the Orissa Electricity Reform Act, 1995 (Act 2 of 1996) and all powers enabling it in that behalf, and pursuant to Section 33 (1) of the said Act, the Orissa Electricity Regulatory Commission hereby makes the following Regulations , namely:

1. Short title, commencement and interpretation
(1) These Regulations may be called the "Orissa Electricity Regulatory Commission (Consumers' Right to Information and Standards of Performance) Regulations, 1998".
(2) These Regulations shall be applicable to all Distribution and Retail Supply Licensees (hereinafter in the Regulation to be referred as licensee).
(3) They shall come into force on the date of their publication in the official Gazette or the 1st of January, 1999 whichever is later.
(4) They extend to whole of the State of Orissa.
(5) The Orissa General Clauses Act, 1937 shall apply to the interpretation of these Regulations.

2. Definitions
Unless the context otherwise requires, words or expressions occurring in these regulations shall bear the same meaning as in the Orissa Electricity Reform Act, 1995, the Orissa Electricity Regulatory Commission (Conduct of Business) Regulations, 1996 and the Orissa Electricity Regulatory Commission Distribution (Conditions of Supply) Code, 1998 or in absence thereof, the meaning as commonly understood in the electricity supply industry.

CONSUMERS' RIGHT TO INFORMATION

3. The licensee is obliged to inform its consumers of their rights and the licensee's standards of performance with regard to and in the manner prescribed under these Regulations as well as the Code of Practice on Payment of Bills, the Complaint Handling Procedure and the Tariff Schedule. These will be provided free of charge to each new consumer and on payment of reasonable fee to any other person.

4.1 Information Prior to Disconnection
The consumer shall be provided with the following minimum period of notice.

(i) 24 hours notice before disconnection

for refusal to allow entry to the premises or refusal to allow the licensee or his authorised representative to perform any authorised act as per Section 20(3) of the Indian Electricity Act, 1910;

(ii) 48 hours notice before disconnection

(a) when the insulation resistance at the consumer's installation is so low as to prevent safe use of energy as per Rule 49 of the Indian Electricity Rules, 1956;

(b) when the consumer fails to rectify the defects pointed out by the Electrical Inspector as per Rule 46(2)(c) of the Indian Electricity Rules, 1956;

(a) when the consumer neglects to pay any charge for energy or any sum other than a charge for energy due from him to the licensee in respect of supply of energy as per Section 24 of the Indian Electricity Act, 1910;

(b) when there is default in keeping the meter correct where meter is the property of the consumer as per Section 26(3) of Indian Electricity Act, 1910;

(c) when there is failure to pay the Inspection fees on or before the date specified in the fee notice of the Electrical Inspector as per Rule 46(2)(b) of the Indian Electricity Rules, 1956;

(d) when the meter or metering equipment is tampered by the consumer or when the replacement of obsolete or defective meter by the licensee is resisted by the consumer;

(e) when the consumer adopts any electrical appliances or uses energy supplied to him unduly or improperly which interferes with the system or efficient working of a licensee's system or to the supply of energy to any other person (Annexure VI of Rule 27 of the Indian Electricity Rules, 1956);

(f) when there is failure to rectify defects relating to non-observance of Rules 50, 51(I) or 64 of the Indian Electricity Rules, 1956, pointed out by the licensee within the time and the procedure prescribed under Rule 51(4) of the said Rules;

(g) when the power factor of the load of the consumer is less than 60 per cent;

(h) when the consumer fails to execute agreement under appropriate category as per the notice of the licensee on the basis of the altered classification or modified contract demand of the consumer;

(i) when the consumer unauthorisedly assigns the benefits under the agreement in favour of another, or resells or diverts or transfers the same or commits unauthorised abstraction of power.

(iv) Such other period of notice before disconnection

when such disconnection is provided under any law, the notice period shall be as prescribed in the said law.

4.2 Exemption
(i) The licensee may be exempted from the notice requirements of this Regulation where the consumer's installation poses a danger to the health or safety of the consumers or licensee's employees or the public.
(ii) Wherever the consumer's supply of electricity has been disconnected without prior notice, the licensee shall inform the consumer in writing within twenty four hours of such disconnection.

5. Information for Entry into premises
Consumers have a right to be informed about the entry into their premises by the licensee in accordance to Section 20 of the Indian Electricity Act, 1910.

6. Intimation for Re-classification of Consumers
(1) In case the licensee intends to reclassify any consumer in terms of the Orissa Electricity Regulatory Commission Distribution (Conditions of Supply) Code, 1998 or otherwise it has to notify the consumer accordingly and has to specifically inform, if a fresh agreement needs to be executed in consequence of such reclassification.
(2) The notice shall state that the licensee may disconnect the supply of power if the consumer does not take the required steps as prescribed under the Orissa Electricity Regulatory Commission Distribution (Conditions of Supply) Code, 1998.

7. Notice of Outages
The licensee shall provide not less than twenty four hours notice prior to an outage exceeding thirty minutes scheduled for the purpose of testing or any other purpose connected with the efficient working of the system.

8. Notice Procedure
All notice for disconnection shall be in writing. Notice for scheduled outages may be through publication in newspapers/public address system/electronic media/telephone. Service of notice to individual consumers shall be governed by Regulation 112 of the Orissa Electricity Regulatory Commission, Distribution (Conditions of Supply) Code, 1998.

PART II

STANDARDS OF PERFORMANCE

9. The licensee is required to maintain minimum standards of performance for all consumers in the manner prescribed hereafter in these Regulations.

10. Restoration of Power Supply
(1) The licensee shall register every complaint of a consumer regarding failure of power supply.
(2) Within 4 (four) working hours of receipt of complaint, the licensee shall inform, on enquiry by the consumer, the likely time by which the power supply may be restored.
(3) The licensee shall restore the power supply to the consumer within 24 (twenty four) hours of receipt of the complaint except in case of transformer failures and failures of 11 KV feeder including it's terminal equipment, in which case it shall be within a maximum of 7 (seven) days.

11. Quality of Power Supply
(1) Within 4 (four) working hours the licensee shall respond to consumer's complaint regarding variations of voltage and frequency of power supply beyond the tolerance limit as prescribed, in I.E. Rules, at the point of commencement of supply.
(2) Within 15 (fifteen) days of original complaint, the licensee shall either improve the quality of power supply or furnish a written reply to the consumer intimating him the causes of poor quality of power supply, if the same is beyond licensee's control;
Provided that complaint regarding low voltages arising due to inadequacy in the distribution system requiring upgradation of distribution lines, transformers or installation of capacitors shall be resolved within six months.

12. Period of Scheduled Outages
Period of interruption due to scheduled outage shall be specified in the notice and shall not exceed 12 (twelve) hours on any day. In each event the licensee shall ensure that supply is normally restored by 6.00 PM during summer and by 5.00 PM during winter.

13. Complaints on Meter
(1) If the licensee has reason to believe that the meter at the consumer's premises is incorrect, he may at any time after giving seven days notice to the consumer, remove the existing meter for the purpose of testing in accordance with section 26(4) of the Indian Electricity Act, 1910. If after testing, the meter is found defective not due to tampering or deliberate damage, the defective meter shall be replaced by another tested meter within 30 (thirty)working days from the date of removal of meter from the consumer's premises.
(2) If the meter is the property of the consumer, the licensee within seven working days of noticing the defect shall advise the consumer for necessary test, repair or replace the meter. The licensee shall give 7 (seven) clear days notice of disconnection if the consumer doesnot repair/replace his defective meter within 30 (thirty) working days of such advice.

14. Applications for New Connection
(1) For 230V/400V supplies:
The licensee shall deal with consumer's application for new connection as follows:

(a) Within three days of receipt of application, the licensee shall send three clear days notice to the applicant as prescribed in Regulation 12(1) of the Orissa Electricity Regulatory Commission Distribution (Condition of Supply) Code, 1998 for the purpose of inspection of premises and fixation of point of entry of supply mains and the position of mains, cutouts or circuit breakers and meters.

(b) Estimate charges for providing connection and security deposit required shall be intimated within one week after the point of entry of supply mains and the position of mains, cutouts or circuit breakers and meter has been settled.

(c) Within 3 (three) days of receipt of completion report and the test report of the licensed contractor, the licensee will give 3 (three) clear days notice to the applicant of the time and the date when his representative proposes to inspect and test the installation. On due compliance by the applicant as prescribed in Regulation 38 of the Orissa Electricity Regulatory Commission Distribution (Conditions of Supply) Code, 1998, the licensee shall complete the inspection of the installation within a period of ten days from the date of receipt of test report of the licenced contractor. The licensee shall notify the applicant in writing of any defect noticed within seven days of inspection. If no intimation is received by the applicant within seven days of inspection, the installation will be deemed to have been approved.

(d) After completion of all other formalities prescribed in the Orissa Electricity Regulatory Commission Distribution (Conditions of Supply) Code, 1998 and within 7 (seven) days of approval of applicant's installation, the licensee shall commence supply of power to the applicant.

(2) For H.T. supply up to 33KV and EHT supply:
The licensee shall deal with of consumer's application for new connection as follows:

(a) If supply is requested to be given at H.T., the licensee shall respond whether connection is feasible or not within 60 (sixty) working days of application. If feasible, licensee shall intimate voltage at which supply will be given and point of commencement of supply. The licensee shall intimate the consumer seeking the new connection, estimated charges and time required for providing the new connection within 60 (sixty) working days of notifying feasibility of supply.

(b) If supply is requested to be given at EHT, the licensee shall obtain the final reply regarding feasibility from the Transmission and Bulk Supply licensee and communicate the same to the applicant within 60 (sixty) working days of receipt of original application. The licensee shall intimate the consumer seeking the new connection, estimated charges and time required for providing the new connection within 60 (sixty) working days of notifying feasibility of supply.

(c) Connection shall be provided within the estimated time, as intimated, after deposit of Estimated charges, submission of Test Report by consumers, inspection by Supplier's Engineer/Electrical Inspector and Agreement, if required. The licensee shall, however, not be held responsible for delay, if any, for providing connection, if the same is on account of statutory clearances, Rights of way, acquisition of land over which licensee has no reasonable control.

 

15. Complaint on Consumer's Bills
(a) The licensee shall reply to the consumer's complaint within 7 (seven) working days of the receipt of the complaint.
(b) The licensee shall resolve consumer's complaint regarding Electricity Bills due to him or served to him, within two months of receipt of complaint.

16. Exemption
These standards of performance shall remain suspended during Force Majeure condition such as war, mutiny, civil commotion, riot, flood, tempest, lightning, earthquake or other force or cause beyond the control of the licensee and strike, lockout, fire affecting the licensee's installations and activities.

PART III

MISCELLANEOUS

17. Issue of orders and practice directions
Subject to the provisions of the Orissa Electricity Reform Act, 1995 and these Regulations, the Commission may, from time to time, issue orders and practice directions in regard to the implementation of the Regulations and procedure to be followed and various matters which the Commission has been empowered by these Regulations to specify or direct.

18. 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, direct the licensees to do anything not being inconsistent with the provisions of the Orissa Electricity Reform Act, 1995, which appears to it to be necessary or expedient for the purpose of removing the difficulties.

19. Savings
Nothing in these regulations shall affect the rights and privileges of the consumers under any other law including the Consumer Protection Act, 1986.

By the order of the Commission

(M. R. MOHANTY)
SECRETARY
ORISSA ELECTRICITY REGULTORY COMMISSION