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The Main Features of the Electricity Act, 2003

  • Generation is being delicensed and captive generation is being freely permitted. Hydro projects would, however, need approval of the State Government and clearance from the Central Electricity Authority which would go into the issues of dam safety and optimal utilisation of water resources.
     

  • There would be a Transmission Utility at the Central as well as state level, which would be a Government company and have the responsibility of ensuring that the transmission network is developed in a planned and coordinated manner to meet the requirements of the sector. The load despatch function could be kept with the Transmission Utility or separated. In the case of separation the load despatch function would have to remain with a State Government organisation / company.
     

  • There is provision for private transmission licensees.
     

  • There would be open access in transmission from the outset with provision for surcharge for taking care of current level of cross subsidy with the surcharge being gradually phased out.
     

  • Distribution licensees would be free to undertake generation and generating companies would be free to take up distribution licensees.
     

  • The State Electricity Regulatory Commissions may permit open access in distribution in phases with surcharge for-

    • (a) current level of cross subsidy to be gradually phased out along with cross subsidies; and

    • (b) obligation to supply.
       

  • For rural and remote areas stand alone systems for generation and distribution would be permitted.
     

  • For rural areas decentralised management of distribution through Panchayats, Users Associations, Cooperatives or Franchisees would be permitted.
     

  • Trading as a distinct activity is being recognised with the safeguard of the Regulatory Commissions being authorised to fix ceilings on trading margins, if necessary.
     

  • Where there is direct commercial relationship between a consumer and a generating company or a trader the price of poI would not be regulated and only the transmission and wheeling charges with surcharge would be regulated.
     

  • There is provision for a transfer scheme by which company! companies can be created by the State Governments from the State Electricity Boards. The State Governments have the option of continuing with the State Electricity Boards which under the new scheme of things would be a distribution licensee and the State Transmission Utility which would also be owning generation assets. The service conditions of the employees would as a result of restructuring not be inferior.
     

  • An Appellate Tribunal has been created for disposal of appeals against the decision of the CERC and State Electricity Regulatory Commissions so that there is speedy disposal of such matters. The State Electricity Regulatory Commission is a mandatory requirement.
     

  • Provisions relating to theft of electricity have a revenue focus.

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