TAMILNADU ELECTRICITY REGULATORY COMMISSION
Publication of particulars under section 4 (1) (b) of the Right to Information Act
1. Particulars of Tamil Nadu Electricity Regulatory Commission, its functions and Duties
(a) Particulars of the Commission
In exercise of the powers conferred by sub-section (1) of section 17 of the Electricity Regulatory Commission Act, 1998 (Central Act 14 of 1998), the Government of Tamil Nadu (GoTN) constituted the Tamil Nadu Electricity Regulatory Commission (TNERC) vide G.O Ms No 58 Energy (A1) Department dated 17.3.99. The Commission became fully functional from 17-6-2002, after the appointment of Thiru A.Balraj I.A.S., (Retd) as Chairperson and Thiru S.Thangarathnam as Member. The Commission is a statutory body. It has the power to make regulations for the conduct of its proceedings and discharge of its functions. It is also vested with the same powers as that of a Civil Court under the Code of Civil Procedure 1908 (5 of 1908) in respect of certain specific matters and all proceedings before the Commission are deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Commission is deemed to be a Civil Court for the purposes of sections 345 and 346 of the Code of Criminal Procedure 1973 (2 of 1974). As per Section 82 (4) of Electricity Act 2003, the State Commission shall consist of not more than three Members, including the Chairperson.
The Commission consists of a Chairperson and two Members. Consequent to the retirement of Thiru A.Balraj I.A.S., (Retd) Chairperson on 06.07.2006, the Tamil Nadu Government appointed Thiru.S.Kabilan, I.A.S.(Retd), as Chairman of the Commissionand he assumed charge as Chairman of the Commission on 03.01.2007.Consequent to the retirement of Thiru S.Thangarathnam, Member on 02.04.2007, the Tamil NaduGovernment appointed Thiru.R.Rajupandi as Member of the Commission and heassumed charge as Member on 21.06.2007 and he demitted his office on 4-5-2010 as per Section 89(1) of the Electricity Act, 2003. Consequent to the retirement of Thiru. B. Jeyaraman, Member, the Tamil Nadu Government appointed Thiru.K.Venugopal as Member of the Commission and he assumed charge as Member of the Commission on 23.09.2009. Consequent to the retirement of Thiru.R.Rajupandi, Member, the Tamil Nadu Government appointed Thiru. S. Nagalsamy as Member of the Commission and he assumed charge as Member of the Commission on 21.09.2010. The particulars of the other officers and employees are given under item 9. The address and other details of the Commission are given below.
Tamil Nadu Electricity Regulatory Commission
19-A, Rukmini Lakshmipathy Salai,
Egmore, Chennai-600 008
Phone 044-2841 1376
2841 1378
2841 1379
Fax No. 044-28411377
Website:
e-mail :
(b) Functions of the Commission
As provided for in the Electricity Act 2003, (hereunder called the “Act”) the Commission’s functions, as per section 86 of the Act are:
(1)(a) to determine the tariff for generation, supply, transmission and wheeling of electricity, wholesale, bulk or retail, as the case may be, within the State:
Provided that where open access has been permitted to a category of consumers under section 42, the Commission shall determine only the wheeling charges and surcharge thereon, if any, for the said category of consumers;
(b)to regulate electricity purchase and procurement process of distribution licensees including the price at which electricity shall be procured from the generating companies or licensees or from other sources through agreements for purchase of power for distribution and supply within the State;
(c)to facilitate intra-state transmission and wheeling of electricity;
(d)to issue licenses to persons seeking to act as transmission licensees, distribution licensees and electricity traders with respect to their operations within the State;
(e)to promote cogeneration and generation of electricity from renewable sources of energy by providing suitable measures for connectivity with the grid and sale of electricity to any person, and also specify, for purchase of electricity from such sources, a percentage of the total consumption of electricity in the area of a distribution licensee;
(f)to adjudicate upon the disputes between the licensees, and generating companies and to refer any dispute for arbitration;
(g) to levy fee for the purposes of this Act;
(h) to specify State Grid Code consistent with the Grid Code specified under clause (h) of sub-section (1) of section 79;
(i)to specify or enforce standards with respect to quality, continuity and reliability of service by licensees;
(j)to fix the trading margin in the intra-State trading of electricity, if considered, necessary; and
(k) to discharge such other functions as may be assigned to it under this Act.
(2) The Commission shall advise the State Government on all or any of the following matters, namely:-
(i)promotion of competition, efficiency and economy in activities of the electricity industry;
(ii)promotion of investment in electricity industry;
(iii)reorganization and restructuring of electricity industry in the State
(iv)matters concerning generation, transmission, distribution and trading of electricity or any other matter referred to the State Commission by that Government.
(3) The Commission shall ensure transparency while exercising its powers and discharging its functions.
(4) In discharge of its functions the Commission shall be guided by the Act, NationalElectricity Policy, National Electricity Plan and Tariff Policy.
2. Powers and Duties of Commission’s officers and employees
(a) Chairman and Members
As the Chairman and the Members constitute the Commission, the powers of the Chairman and Members are that of the Commission. The following are the powers of the Commission as provided for in sections 94 to 96 of the Act.
(1)The Appropriate Commission shall, for the purposes of any inquiry or
proceedings under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 in respect of the following matters, namely: -
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b)discovery and production of any document or other material object producible as evidence;
(c) receiving evidence on affidavits;
(d) requisitioning of any public record;
(e) issuing summons for the examination of witnesses;
(f)reviewing its decisions, directions and orders;
(g)any other matter which may be prescribed.
(2)The Appropriate Commission shall have the powers to pass such interim order in any proceeding, hearing or matter before the Appropriate Commission, as the Commission may consider appropriate.
(3)The Appropriate Commission may authorize any person, as it deems fit, to represent the interest of the consumers in the proceedings before it.
(4) All proceedings before the Appropriate Commission shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code and the Appropriate Commission shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973.
(5)The Appropriate Commission or any officer, not below the rank of a Gazetted Officer specially authorized in this behalf by the Commission, may enter any building or place where the Commission has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts or copies there from subject to the provisions of section 100 of the Code of Criminal Procedure, 1973, in so far as it may be applicable.
The duties of the Commission are to carryout the functions as stipulated in the Electricity Act 2003.
(b)Secretary
The powers and duties of the Secretary of the Commission has been specified by the Commission as provided for under Regulation 9 of TNERC Conduct of Business Regulations 2004 and powers and duties of Secretary Regulations-2004 as detailed below:
(i) Administration
(1) The Secretary shall be the Principal Officer and spokesperson of the Commission.
(2) Secretary shall be responsible for General Administration, attendance and upkeep of office of the Commission.
(3) All the correspondences to the Commission and from the Commission shall be in the name of the Secretary.
(4) Secretary shall be the Drawing and Disbursing Officer of the Commission.
(5) Secretary shall have the custody of seals and records.
(6) Secretary shall allocate the work among the different officers and staff of the Commission.
(7) Secretary shall issue orders of appointment for all categories subject to the selection procedures under TNERC Service Regulations.(* To be issued separately)
(8) Secretary shall declare commencement and completion of probation of staff and officers who are required to be placed under a period of probation as per the TNERC Service Regulations.
(9) Secretary is empowered to sanction increment to the staff and officers of the Commission.
(10) Secretary is empowered to sanction all kinds of leave to the officers and staff of the Commission.
(ii) Accounts and Finance
(1) Secretary shall pass all the entitlement claims and other bills for supply and works without any monetary limit and draw cheques for the claim / bills admitted / passed and also for office maintenance expenses.
(2) Secretary is empowered to call for and process tenders for procurement of material and execution of work in accordance with the Tamil Nadu Transparency in Tenders Act 1998 and Tamil Nadu Transparency in Tender Rules 2000 and in accordance with TNERC Tender Procedure approved by the Commission as well as in TNERC – Appointment of Consultant Regulations 2004.
(3) Secretary shall cause preparation of Budget in each financial year showing the estimated receipts and expenditure of the Commission for the next financial year and forward the same to Government of Tamil Nadu as required in Section 106 of the Act.
(4) Secretary shall ensure that the expenditure is covered under Budget provision.
(5) Secretary shall ensure the maintaining of proper accounts and other relevant records and preparation of Annual Statement of Accounts in the prescribed format for each financial year. The Annual Statement of Accounts shall be got audited by the Accountant General. The Certified Annual Statement of Accounts shall be forwarded to the Government of Tamil Nadu to be laid before the State Legislature.
(6) Secretary shall ensure preparation of Annual Reports every year in the prescribed format. The Annual Report shall be forwarded to the Government of Tamil Nadu to be laid before the State Legislature.
(7) As drawing officer, Secretary is responsible for proper maintenance of Bank Account and drawal of cheque. Secretary shall verify and certify closing balance of cash on hand and at bank every month.
(8) Secretary shall make all payments by drawing cheques.
(9) To ensure compliance of above duties, Secretary shall allocate the works suitably among the subordinate officers and staff for their accountability.
(iii) Conduct of Business
(1) Secretary shall receive and cause to receive all petitions, applications or references on behalf of the Commission and arrange for their acknowledgement.
(2) Secretary shall assist the Commission in the conduct of the proceedings and cause to prepare brief and summarize of all pleadings before the Commission.
(3) Secretary shall cause issuance of notices of enquiry by the Commission.
(4) Secretary shall arrange convening of Commission’s meetings and place the matter before the Commission for consideration and orders.
(5) Secretary shall prepare minutes of meetings of the Commission and record the decision of the Commission in the Minutes Book maintained for the purpose.
(6) Secretary shall authenticate all orders and decisions of the Commission.
(7) Secretary shall issue certified copies of the orders passed by the Commission.
(8) Secretary shall ensure enforcement and compliance of orders passed by the Commission by the persons concerned in accordance with the provision of the Act and Regulations and if necessary may seek orders of the Commission for direction.
(9) Secretary shall be ex-officio Secretary to the State Advisory Committee and convene Committee meetings after giving 14 days notice to the members.
(10)Secretary shall place the notes if any received from the members before the Advisory Committee. Secretary shall arrange to record the minutes of the Committee meeting.
(c) Director (Engineering)
1. Assist the Commission for all the technical matters and decision making process in all the functions of the Commission.
2. Framing of Regulations, Codes and amendments under the jurisdiction of the Commission.
3. Collection, maintenance and processing of data for Commission’s decision making process.
4. Monitoring of the activities of the licensees and generating companies as stipulated in the Act and the regulations, codes, orders made thereunder.
(d) Director(Tariff)
1. Assist the Commission for all the matters relating to tariff such as analysis of ARR and tariff petitions.
2. Issue of clarifications in tariff and also issue of orders in change of tariff. Follow up of directions issued with tariff order.
(e) Director(Legal)
1. Assist the Commission for all the legal matters such as passing of final orders in regard to review petitions, Appeal petitions, Miscellaneous petitions etc.,
2. Drafting of counter-affidavits, Memorandum of reply etc., to the various WPs filed before the High Court, Madras, SLP filed before the Supreme Court and appeals filed before the Appellate Tribunal, New-Delhi against the orders passed by the Commission.
(f) Deputy Director(Engineering)-I
1. Assisting the Director (Engineering) in drafting of Regulations and concept papers and in
2. Data/information collection and monitoring the directives and orders of the Commission.
(g) Deputy Director(Engineering)-II
Assisting Director(Engg) on all consumer advocacy proposals, representations and preparation of consumer advocacy guide, periodicals and pamphlets.
(h) Deputy Director(Tariff)-I
Assisting the Director(Tariff) in matter relating to PPA approval.
(i) Deputy Director(Tariff)-II
Assisting the Director (Tariff) for all the matters relating to tariff.
(j) Deputy Director(Legal)
Assisting the Director(Legal) for all the legal matters.
(k) Assistant Director(Statistical Analyst)
1. Assisting Deputy Director(Engineering) on data/ information collection.
2. Drafting proposals for Energy Efficiency and Conservation in the State.
3. Monitoring the directives and orders of the Commission.
(l) Assistant Director(Computer)
1. Assisting Director(Engineering) in computerization activities of Commission, Local area network maintenance, data base administration.
2. System administration and system study work of new software, website updation & maintenance, e-commission works.
3. Supervision of building maintenance work of the Commission.
4. Supervision and maintenance of Telephones, Intercom and FAX.
5. Teaching to the Commission’s Staff about new softwares and other computer related matters.
(m) Assistant Director(Finance & Economic Analyst)
1. Assisting Deputy Director(Tariff) in all the tariff matters.
2. Any follow up works with the Government.
(n) Assistant Director (Legal)
1. Assisting the Commission, Secretary in their functions.
2. Perusal of petitions filed before the Commission for admission.
3. Preparation counter affidavits in regard to petitions filed before the High Court,
Appellate Tribunal for Electricity, Supreme Court and other Fora.
4. Attending Commission’s Court work and legal related work of the Commission.
5. Work relating to gazetting of Commission’s notifications.
6. Any other work assigned by the Commission or Secretary.
(o) Assistant Secretary
1. All administrative matters.
2. Supervision of Accounts.
3. Preparation of Annual Accounts.
4. Follow up works with the Government.
5. Arranging State Advisory Committee Meeting and State Co-ordination Forum meeting.
6. Matters relating to FOIR,FOR and SERF.
(p) Public Relations Officer
1. Work related to Public Relations and Press / Media.
2. Arrangements of meetings and conferences.
3. Maintenance of building, vehicles and equipments
- Information Officer under Right to Information Act-2005
- Newspaper cuttings
(q) Private Secretary to Chairman
Attending all the personal works of the Chairman.
(r) Personal Assistant-1 & 2
Attending all the secretarial works of Chairman.
(s) Personal Assistant- 3& 5
Attending all the secretarial works of the two Members.
(t) Personal Assistant- 6
Attending all the secretarial works of Secretary.
(u) Personal Assistant-4
Assisting the Accounts Section for maintaining and preparing final accounts.
(v)Personal Assistant / Typist
Attending to the typing works of Legal Wing, RTI Papers etc.
(v) Assistants
Attending to all the establishment and Accounts works of the Commission.
(w) Receptionist cum-Telephone Operator
1. Telephone operation, receipt of inward tapals and despatch works.
2. Issue and receipt of library books.
3. Issue of stationery.
(x) Bench Assistant
1. Assisting the Commission, Secretary, Assistant Director (Legal) in their functions.
2. Assisting Assistant Director (Legal) in perusal of petitions filed before the Commission for admission.
3. Attending to Commission’s court work.
4. Work relating to gazetting of Commission’s notifications.
5. Any other work assigned by the Commission, Secretary or Assistant Director (Legal).
(y) Legal Consultant – 1 & 2
Assisting the Commission in all the legal matters such asdrafting of orders with regard to review petitions, Appeal petitions, Miscellaneous petitions etc., filed before the Commission.
(z) Translator
Translating all the Codes, Regulations & Orders of the Commission in Tamil.
3. Procedures followed in decision making process, including channels of
supervision and accountability.
(1)Procedures followed in decision making process: The Commission has to comply with the following statutory provisions contained in the Act in its decision making process:
(a)Section 86 (4) of the Electricity Act 2003 stipulates that in the discharge of its functions, the State Commission shall be guided by the National Electricity Policy, National Electricity Plan and Tariff Policy published under section 3.
(b)Section 86 (3) of the said Act stipulates that the State Commission shall ensure transparency while exercising its powers and discharging its functions.
(c)Chapter II of the Tamil Nadu Electricity Regulatory Commission Conduct of Business Regulations 2004 (hereinafter referred to shortly as CBR) contains elaborate provisions for the conduct of business of the Commission's Regulations.
(d)Regulation 11 (1) of the CBR stipulates that " the Commission may from time to time hold such proceedings as it may consider appropriate in the discharge of its functions under the Act. The Commission may appoint an Officer or any other person whom the Commission considers appropriate to represent the matter as Commission's representative in the proceedings."
(e)As per regulation 11 (2) of the CBR "all matters which the Commission is required under the Act to undertake and discharge through hearings of the affected parties and such other matter as the Commission may consider appropriate shall be done through proceedings."