Joint Electricity Regulatory Commission for the UT of Jammu & Kashmir and the UT of Ladakh Regulations, 2023

No. JERC-JKL/REG/2023/11.—Whereas, in the exercise of powers conferred under Section 61(h), and Section 86(1) (e) read with sub-section (I) and clause (zd) and (zi) of sub-section (2) of Section 181 of the Electricity Act, 2003 (No. 36 of 2003) and all powers enabling it in that behalf, the Joint Electricity Regulatory Commission for UT of Jammu & Kashmir and UT of Ladakh hereby makes the following Regulations, namely:

Joint Electricity Regulatory Commission for the UT of Jammu & Kashmir and the UT of Ladakh (Grid Interactive Renewable Energy system and its related matters) Regulations, 2023

1.1 These Regulations may be called the Joint Electricity Regulatory Commission  for  the  UT  of Jammu & Kashmir and UT of Ladakh (Grid Interactive Renewable Energy system and its related matters) Regulations, 2023.

1.2 These Regulations shall come into force from the date of publication in the official gazette.

1.3 These Regulations shall extend to the UT of Jammu & Kashmir and the UT of Ladakh.

2.1. In these Regulations, unless the context otherwise requires:

(1) ―Act‖ means the Electricity Act, 2003 (36 of 2003), and subsequent amendments thereof;

(2) ―Average Power Purchase Cost‖ (APPC) means the weighted average price at which the Distribution Licensee has purchased or is expected to purchase electricity (excluding procurement from RE sources), including the cost of self-generation, if any, as approved by the Commission in the relevant Retail Supply Tariff Order or any other general or specific Order;

(3) ―Authority‖ means the Central Electricity Authority referred to in sub-section (1)  of Section 70 of  the Act;

(4) ―Billing cycle‖ means the period for which regular electricity bills as specified by the Commission,are prepared for different categories of consumers by the Licensee;

(5) ―COD‖ or ―Commercial Operation Date‖ or ―Date of commercial operation‖ mean the date onwhich the Renewable Energy system is synchronized with the grid system;

(6) ―Check Meter‖ means a meter, which shall be connected to the same core of the current transformer (CT) and voltage transformer (VT) to which the Renewable Energy Meter is connected and shall be used for accounting and billing of electricity in case of failure of the main meter or Renewable Energy Meter;

 

(7) “Commission” means the Joint Electricity Regulatory Commission for the UT of Jammu & Kashmir and UT of Ladakh constituted under the Act;

(8) “Connection Agreement” means the Gross metering or net-billing (net feed-in) or net- metering inter-connection Agreement entered into between the Distribution Licensee and the Consumer;

(9) “Consumer‖ means a consumer as defined in the Act;

(10) ―Consumer Grievances Redressal Forum (CGRF)‖ means the forum for redressal of grievances of Consumers, established under section 42(5) of the Act;

(11) “Contracted Load‖ or “Contract Demand‖ means the maximum demand in kW, kVA, or HP, agreed to be supplied by the Distribution Licensee and as indicated in the Agreement executed between the Licensee and the Consumer;

(12) “Distribution Licensee‖ means a person granted a License under Section 14 (b) of the Act authorizing him to operate and maintain a distribution system and supply electricity to the consumersin his area of supply;

(13) “Electricity Supply Code” means the Electricity Supply code specified by the Commission under section 50 of the Act;

(14) ―Eligible Consumer‖ means a consumer of electricity in the area of supply of the Distribution Licensee, who intends to use a renewable energy system in his premises to offset all or part or no part of the own ‟s electrical requirements, given that such systems can be self- owned or third party leasing such system to the consumer;

(15) ―Feed-in-Tariff‖ means the Generic Tariff  determined  by  the  Commission  for  the generation of electricity from Renewable Energy projects for Gross Metering or net-billing in accordance with the Terms and Conditions for Tariff determination  from  Renewable Energy Sources Regulation framed by the Commission;

(16) “Grid” means the low voltage electrical network, the distribution, and transmission network, or the high voltage backbone system of inter-connected transmission lines, sub-stations, and generating plants, for the sale of energy or wheeling of energy as defined in these Regulations;

(17) “Gross-metering” means a mechanism whereby the total energy generated from the Grid Interactive Renewable Energy system of a Prosumer and the total energy consumed by the Prosumer is accounted separately through appropriate metering arrangements and for the billing purpose; whereas, the total energy consumed by the Prosumer is accounted at the applicable retail tariff and total renewable energy generated is accounted for at feed-in tariff determined by the Commission.

(18) Group Net Metering‖ means an arrangement whereby surplus energy is generated and injected from a Renewable Energy System through Net Meter and the exported energy is adjusted in more than one electricity service connection(s) of the same consumer either at the same or different premise located within the same Distribution Licensee‟s area of supply;

(19) “Installed Capacity” means the summation of the nameplate capacities expressed in kWp of all the units of the Renewable Energy system or the  capacity  of  the  Renewable  Energy system reckoned at the output terminals, approved by the Commission;

(20) “Interconnection Point for net billing / net metering arrangement” means the interface of the Renewable Energy generating system with the outgoing terminal of the meter in the premises of the prosumer:

Provided that, in case the prosumer is connected at the High Tension (HT) level, the “Interconnection Point” shall mean the interface of the Renewable Energy Generating System with the outgoing terminal of the Distribution Licensees‟ metering equipment.

(21) “Interconnection Point for Gross metering arrangement” means the interface of the Renewable Energy Generating System with the incoming terminal of the meter in the premises of the prosumer:

Provided that, in case the prosumer is connected at the High Tension (HT) level, the “Interconnection Point” shall mean the interface of the Renewable Energy Generating System;

(22) ―Invoice‖ means a periodical Bill/Supplementary Bill or an Invoice/ Supplementary Invoice by the Distribution Licensee to the Consumer;

 

(23) ―Islanding‖ means an electrical system phenomenon in which distributed generators, powered through Renewable Energy System, continue to power a site or location in the absence of external grid power or grid outage situations.

(24) ―Month‖ means English calendar month starting with 1st day/date of the month and ending with the last day/date of  the  month.  Part  Month  will  be applicable  for  a  number  of days in proportion  to t h e  total number of days in the specific month;

(25) ―Net-billing or Net feed-in‖ means a single bidirectional energy meter used for net-billing or net feed-in at the point of supply wherein the energy imported from the Grid and energy exported from Grid Interactive Renewable Energy system of a Prosumer is valued at two different tariffs, where-

(i) the monetary value of the imported energy is based on the applicable retail tariff;

(ii) the monetary value of the exported Renewable energy is based on a feed-in tariff determined by the Commission;

(iii) the monetary value of the exported energy is deducted from the monetary value of the imported energy to arrive at the net amount to be billed (or credited/carried over);

(26) ―Net metering‖ means a mechanism whereby renewable energy exported to the grid from Grid Interactive Renewable Energy system of a Prosumer is deducted from energy imported from the Grid in units (kWh) to arrive at the net imported or exported energy and the net energy import or export is billed or credited or carried-over by the distribution licensee on the basis of the applicable retail tariff by using a single bidirectional energy meter for net- metering at the point of supply;

(27) ―Net Meter‖ means an appropriate bi-directional energy meter capable of recording both imports from the grid and export of electricity generated at Renewable Energy system;

(28) ―Obligated Entity‖ means the licensed Supplier of Power, Distribution Licensee(s), Captive user(s), and Open Access Consumer(s), identified under Procurement of Renewable Energy Regulations framed by the Commission; and mandated under clause (e) of subsection (1) of Section 86 of the Act to fulfill the Renewable Purchase Obligations as determined by the Commission from time to time;

(29) ―Ombudsman‖ means the person appointed in accordance with Section 42 (6) read with Section 181of the Act;

(30) ―Open Access Consumer‖ means a person permitted to use an  Intra-State Transmission System and /or Distribution System to receive a supply of electricity from a person other than the Distribution Licensee of his area of supply, and the expression includes a Generating Company and a Licensee, who has availed of or intends to avail of Open Access;

(31) “Project Developer” means the developer of the RE Project, who shall develop such a project on his own premises or on premises taken on lease or rent;

(32) “Prosumer” means a person who consumes electricity from the grid and can also inject electricity into the grid for distribution licensee, using the same point of supply.

(33) ―Premises‖ means and includes roof-tops or any areas on  the  land,  building  or infrastructure, or part or combination thereof in respect of which a separate meter  or metering arrangement has been provided by the distribution licensee for the supply of electricity.

(34) ―Renewable Energy’’ means the grid-connected and grid-quality electricity generated from Renewable Energy sources, including a combination of such sources;

(35) ―Renewable Energy Certificate (REC)‖ means the certificate issued in accordance with the Regulations and the procedures approved by the Central Electricity  Regulatory Commission;

(36) ―Renewable Energy Generating System‖ means the Renewable Energy power system with or without energy storage installed on a Consumer‟s premises, and owned and/or operated by such Consumer or a third party, that uses Renewable Energy for conversion into electricity;

(37) ―Renewable Energy Meter‖ means the meter used for measuring  the  gross  Renewable energy units generated by the RE Project for the purpose of accounting and billing;

 

(38) ―Renewable Energy sources‖ means the renewable sources or combination of such sources, such as Mini, Micro and Small Hydro, Wind, Solar, Biomass including bagasse, bio-fuel, urban or Municipal Solid Waste as defined in the Terms and Conditions for Tariff Determination from Renewable Energy Sources regulation framed by the Commission and such other sources as are recognized or approved by the Ministry of New and Renewable Energy, Government of India;

(39) ―Renewable Purchase Obligations (RPO)‖ means renewable power purchase obligations specified by the Commission;

(40) ―Sanctioned Load‖ means the load in kW, kVA, or HP, which the Licensee has agreed to supply from time to time subject to the governing terms and conditions in the absence of an Agreement between the Distribution Licensee and the consumer;

(41) ―Settlement Period‖ means the period beginning from the first day of April as  per the English calendar year and ending with the thirty-first day of March of the next year;

(42) ―Solar Grid Inverter‖ means equipment that converts the DC (direct current) power from Solar Power modules to Grid-compatible AC (alternating current) power;

(43) ―State Nodal Agency‖ means the agency in the concerned State or Union Territory as may be designated by the Commission to act as the agency for accreditation and recommending the renewable energy projects for registration and to undertake such functions as may be specified under clause (e) of sub-section (1) of Section 86 of the Act;

(44) “Tariff Order‖ in respect of a Licensee means the applicable retail Tariff Order issued by the Commission for that Licensee indicating the tariff to be charged by the Licensee from various categories of Consumers for the supply of electrical energy and services;

(45) “Third Party Owned‖ means a Renewable Energy system Project owned by a Project Developer that is installed onthe roof or the Premises as defined in 1(29) above for which a commercial lease or revenue share agreement has been entered into by the Project Developer with the owner;

(46) Virtual Net Metering‖ means an arrangement whereby entire energy generated from a renewable energy generation project installed at Consumer premise or any other location is injected through Solar Energy Meter and the energy exported is adjusted in either one or more than one electricity service connection(s) of participating Consumer(s) located within the same Distribution Licensee‟s area of supply;

(47) ―Year‖ or ―Financial Year‖ means a period commencing on 1st April of  an  English calendar year and ending on 31st March of the subsequent calendar year.

• i. ―EPC‖  means  Engineering  Procurement  &  Construction  Contractor  authorized  by the Distribution Licensee;
• ii. ―kWp‖ means kilo Watt peak, a term used as a rating of the Solar Plant;
• iii. “MNRE”  means  the  Ministry  of  New  and  Renewable  Energy  of  the  Government  of India;

2.3. All other words and expressions used in these Regulations if not specifically defined herein above, but defined in the Act, shall have the meaning assigned to them in the Act. The other words and expressions used herein but not specifically defined in these Regulations or in the Act but defined under any other law passed by the Parliament applicable to the electricity industry in the State or Union Territory shall have the meaning assigned to them in such law.

3.1 These Regulations would apply to:

• a. Gross Metering Arrangements
• b. Net Billing (net feed-in) Arrangements
• c. Net – Metering arrangements including Group Net Metering & Virtual Net Metering

Provided that the gross metering or net-billing or net-metering arrangement, as the case may be for the eligible consumers shall be allowed subject to technical feasibility.

 

Provided that the Group Net Metering Framework shall be applicable to all Consumers, whereas the Virtual Net Metering Framework shall be applicable to residential consumers, Group Housing Societies, and establishments of Government/Local Authorities.

3.2 These Regulations shall be applicable to all Grid Interactive Distributed Renewable Energy generating systems that are commissioned after notification of these Regulations.

4.1 The Eligible Consumer of all categories may set up the Renewable Energy Generating System under the Net Metering Arrangement up to 500 kW capacity.

Provided that the RE generating system of a rating higher than 500 kW can be considered by the Distribution Licensee if the distribution system remains stable with a higher rating RE Project gets connected to the grid.

4.2 The Eligible Consumer of all categories may set up the Renewable Energy Generating System under the Net- Billing Arrangement above 500 kW and a maximum up to 1 MW.

4.3 The Eligible Consumer of all categories may set up the Renewable Energy Generating System under the Gross Metering Arrangement maximum up to 1 MW. 

Provided that the distribution utilities may allow Renewable Energy generating system of rating higher than 1MW under net-billing or gross metering after conducting load flow studies and ascertaining that the installation of such higher capacity of Renewable Energy generating systems do not have any adverse impact on the grid.

4.4 Provided that the eligible consumer can opt for only one arrangement i.e., either net metering or net-billing or gross metering arrangement within the same premises, as specified in these Regulations.

4.5 The minimum size of the Renewable Energy Generating System that can be set up under Net Metering, Net- Billing, or Gross Metering Arrangement would be 1 kW.

4.6 The capacity of the RE generating system to be installed under Group Net Metering or Virtual Net Metering framework shall not be less than 5 kW and more than 500 kW.

4.7 The capacity of the Renewable Energy Generating System to be installed under Net Metering/ Group Net Metering/ Virtual Net Metering or Net-Billing or Gross Metering Arrangement at the Eligible Consumer‟s premises shall not exceed the Sanctioned load (in kW) or the Contract Demand (in kVA) of the Consumer, as applicable.

4.8 Consumers with pending arrears with the Distribution Licensee shall not be eligible for Net Metering or Net Billing or Gross Metering Arrangement under these Regulations.

4.9 Net-Metering including Group Net Metering and Virtual Net Metering or Net-Billing or Gross Metering arrangement, as the case may be, shall be permitted by the Distribution Licensee on a non-discriminatory and Distribution Transformer-wise „first come, first serve‟ basis to the Eligible Consumers who have installed or intend to install a Renewable Energy Generating System connected to the Network of such Distribution Licensee;

Provided that the inter-connection of such System with the Network of the Distribution Licensee is undertaken in accordance with the standards and norms specified in the Central Electricity Authority (CEA) (Technical Standard for Connectivity of the Distributed Generation Resources) Regulations, 2013 or as may be specified in future.

*****