PUNJAB STATE ELECTRICITY REGULATORY COMMISSION

SCO NO. 220-221, SECTOR 34-A, CHANDIGARH

 

 

                                                                      Petition No.26 of 2009    

                                                                                    Date of hearing: 29.12.2009                                                                                            

                                                                                  Date of Order: 24.02.2010

 

 

In the matter of :         OYT Scheme for release of tubewell connections on priority.

 

                                                                        AND

 

In the matter of:        Punjab State Electricity Board, The Mall, Patiala.

 

 

  Present:                     Shri Jai Singh Gill, Chairman

                                     Shri Satpal Singh Pall, Member

 

                

  For the PSEB:         Shri O.P.Garg, Director/Sales

                                                Shri D.S. Dhillon, A.D.

 

 

   ORDER

 

 

1.            It came to the notice of the Commission that the Punjab State Electricity Board (Board) had introduced an ‘Own Your Tubewell’ (OYT) scheme for release of AP connections on priority basis which envisaged recovery from the consumer of the entire cost of providing the connection including cost of the 11 KV line and distribution transformer. As the scheme was prima facie in contravention of Regulation 9.1.1 read with Regulation 10.1(a) of the PSERC (Electricity Supply Code and Related Matters) Regulations, 2007 (Supply Code) suo-moto proceedings (Petition No.3 of 2009) were initiated and a notice was given to the Board to show cause as to why implementation of this scheme should not be suspended. In Order dated 10.12.2009 passed by the Commission in Petition No.3 of 2009, it was observed    that    the  introduction of this scheme was clearly in contravention of the directions of the Commission on which account a notice under Section 142 of the Electricity Act would be separately issued. Accordingly a notice was issued to the Board on 11.12.2009 to show cause as to why action may not be taken against it under Section 142 of the Electricity Act 2003 for issuing Commercial Circulars No.44/2007 and 62/2008 dated  25.8.2007 and 16.10.2008 respectively concerning the OYT scheme in contravention of the directions of the Commission.

 

2.         The Board filed reply to the notice.  It is stated in the reply that these  Commercial Circulars were issued in pursuance of the directions of the Punjab Government as a matter of State Policy and there was no intention of the Board to violate the provisions of Supply Code. The Board has prayed that proceedings in respect of  notice issued to it under Section 142 of the Electricity Act may kindly be dropped.

 

3.         The Commission notes that in its letter No.3500 dated 8.8.2005, the Board had been directed to ensure that all circulars involving any change in the liability of the consumers should in future be issued only after obtaining the Commission’s  prior approval. Admittedly the Board did not take approval of the Commission before issue of the circulars in question and has thus contravened the directions of the Commission. Moreover, the Board has been unable to bring out any reason why the Commission’s approval could not be sought before the scheme was implemented through the Commercial Circulars referred to above. In these circumstances, the Commission is of the view that there is need to take serious notice of the Board’s omission in this respect and for that reason further action under section 142 of the Act is warranted. However, taking a lenient view, the Commission imposes a penalty of Rs.20,000/- on the Board for this lapse.

 

 

                                    Sd/-                                                                                         Sd/-

                        (Satpal Singh Pall)                                                            (Jai Singh Gill)

                        Member                                                                                   Chairman

 

 

Chandigarh

   Dated:  24.02.2010