Nepra (Tariff Standards and Procedure) Rules 1998 Along With All Amendments

8/10/2019 Nepra (Tariff Standards and Procedure) Rules 1998 Along With All Amendments

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National Electric Power Regulatory Authority

(Tariff Standards and Procedure) Rules,1998.

NOT!"ATON

Islamabad, the 23rd of December, 1998

S#R#$# 1%99 ()&98. In exercise of the powers conferred by section 46 of the

Regulation of Generation, Transmission and Distribution of lectric !ower "ct, #$$% &'( of

#$$%), the *ational lectric !ower Regulatory "uthority,with the appro+al of the ederal

Go+ernment, is pleased to ma-e the following rules namely .

PART -1

S'ORT TTE,"OEN"EENT AN* *E!NTONS

#/ Sh o r t ti t le a n d c o+ + en c e + e n t. ) These rules may be called the *ational

lectric !ower Regulatory "uthority &Tariff 0tandards and !rocedure) Rules, #$$1/

&2) They shall come into force at once.

2/ * e f in itio ns. ) In these rules, unless there is anything repugnant in the sub3ect or

context,

&a) "ct means the Regulation of Generation, Transmission and Distribution of lectric

!ower "ct, #$$% &'( of #$$%)5

&b) "uthority shall bear the meaning ascribed thereto in the "ct, and where the context

so admits, shall mean the presiding officer5

&c) communication means any information, comment, data, filing, summary, written

statement, Representation, pleadings, correspondence, or e+idence filed with the

Registrar, the presiding officer or the "uthority in connection with any proceedings5

&d) information direction means a direction issued by the "uthority or the presiding

officer to any person to pro+ide information to the "uthority5

&e) inter+ention reuest means an inter+ention reuest filed under rule 65

&f) motion means any or, if so directed by the "uthority,written application in relation

to any matter of procedure under these rules5

&g) petition means a petition made to the "uthority for the determination, modification

or re+ision of tariff5


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&h) pleadings means the petition, the replies to the petition 7,the inter+ention reuest,

the reply of inter+ention reuest8#

and re3oinders to replies5

&i) presiding officer means the presiding officer appointed by the "uthority under sub9

rule &:) of rule $ and, for the purpose of these rules, where the context so admits, shall

also means the "uthority5

&3) ;proceedings< means the entire process commencing from the date of filling of

petition with the Registrar or, where the "uthority initiates the process ofdetermination of tariff, the date of such initiation by the "uthority,and ending on the

date the "uthority ma-es its final determination on a petition, and shall include any

stage during the proceedings5

&-) register= means the register maintained by the Registrar wherein shall be entered the

title and number of all petitions and communications in such manner and with such

details as the "uthority may from time to time direct5

&l) Registrar means a person designated by the "uthority to register and record the

receipt of communications and petitions filed with the "uthority and to perform such

other duties under these rules as may from time to time be assigned by the "uthority5

and

&m) tariff< means the rates, charges terms and conditions for generation of electric power,

transmission, inter9connection, distribution ser+ices and sales of electric power to

consumers by a licensee.

&2) >ords and expressions used but not defined in these rules shall ha+e the same

meaning as in the "ct/

PART -

PRO"E*,RE

?/ ! il in g of - e ti t io n s a n d c o + + un ica t io n s. ) "ny licensee, consumer or person

interested in the tariff may file a petition with the "uthority by filing it with the Registrar

along with such fees as may be determined by the "uthority from time to time.The "uthority

may also initiate proceedingsuo moto.

&2) " petition filed under sub-rule ) shall

&a) state the name and address of the petitioner and the grounds gi+ing rise to the

petitioner=s interest forming the basis of the petition and, where the petitions is a

licensee,the number and other rele+ant details of the license as may be determined by

the "uthority from time to time5

&b) state in a concise manner the grounds and the facts forming the basis of the petition5

&c) the relief or determination sought5

&d) be accompanied with comparati+e schedules of charges, costs,units, price and other

items comprising the existing tariff and the proposed tariff, or such other details as

may be determined from time to time by the "uthority for the purpose5

#"dded by 0/R/@ 26%&I)A20##, dated 2#

stBarch,2C##


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&e) be accompanied with a comparati+e table of the existing tariff design and the

proposed tariff design on the basis of the categories of consumers li-ely to be affected

by a modification of the tariff, their consumption patterns and charges payable by

them5 782

&f) be supported with a summary of e+idence gi+ing brief particulars of the data, facts

and e+idence in support of the petition 75 and8?

7&g) be accompanied with such information and be in accordance with such format as maybe specified by the "uthority from time to time/8

4

&?) The Registrar shall examine the contents of the petition in order to satisfy himself of

the conformity thereof with the pro+isions of sub9rule &2), and

&a) shall return the petition to the petitioner with directions to amend and re-filethe petition in accordance with the pro+isions of sub-rule &2), if the petition isfound by the Registrar not to be in conformity with sub-rule &2),pro+ided that,

no petition shall be returned after the expiry of 7fifteen8:

days of filing thereofwith the Registrar5 or

&b) where the petition is found to be in conformity with the reuirements of sub9

rule &2),shall accept the petition and endorse thereon a stamp ac-nowledging

the filing along with the number gi+en thereto in the Register.

!ro+ided that, where a petition is re-filed by the petitioner, and the Registrar is

not satisfied of the conformity thereof with sub-rule &2), the Registrar shall place the

petition before the "uthority for directions which shall be made by the "uthority not

later than se+en days of the date of re-filing thereof by the petitioner/ The "uthority

shall not re3ect a petition on the grounds of any defect therein without gi+ing the

petitioner and opportunity of rectifying the defect within the time specified for thepurpose by the "uthority.

&4) "ny communications proposed to be filed by a licensee,consumer or other interested

person shall contain the name and address of the communicator, the sub3ect-matter of the

communication and the title of the proceedings, and shall be filed with the Registrar who

shall ac-nowledge receipt thereof either on a copy of the communication or through a written

receipt in a format to be determined by the "uthority and shall also endorse on the filing

receipt the number of the petition in connection with which the communication is filed and

the number assigned to the communication on the register.

&:) "ll petitions shall be deemed to be filed on the date of filing thereof with theRegistrar, and where re-filed in accordance with the pro+isions of sub-rules &2) and &?),on

the date the Registrar or the "uthority, as the case may be, accepts the filing thereof/ "

communication shall be deemed to be filed on the date on which it is filed with the Registrar/

&6) The contents of any communication shall pertain to a single petition in respect of

which it is filed/

&%) " petition or communication shall be signed by the petitioner or communicator or by

one or more of his authoried representati+es in their indi+idual names on behalf of the

petitioner or the communicator/

2>ord ;and< omitted by 0/R/@ 26%&I)A2C## dated 2#

stBarch,2C##

?The full stop is substituted by semicolon and word ;and< is added by ibid/

4*ew sub-clause &g) is added by ibid/

:>ord ;se+en< is substituted by ;fifteen< by 0/R/@/ 26%&I)A2C##, dated 2#

stBarch,2C##


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&1) "ny petition or communication, where in any statement of fact or opinion is made by

the petitioner or the communicator, shall be +erified by an affida+it, drawn up in the first

person stating the full name, age,occupation and address of the deponent and the capacity in

which he is signing and indicating that the statement made therein is true to the best of the

-nowledge of the deponent,information recei+ed by the deponent and belief of the deponent,

and shall be signed and sworn before a person lawfully authoried to ta-e and recei+e

affida+its, pro+ided that, a communication filed during the course of a hearing may be

affirmed in person before the "uthority by the person filing the same/

&$) >here any statement in an affida+it gi+en under sub-rule &1) is stated to be true

according to the information recei+ed by the deponent, the affida+it shall also disclose the

source of such information/

C) " petition or communication shall be filed with such number of copies as the

"uthority may from time to time determine/ ach set of the petition or communication shall

be complete in all respects/

#) " petition or communication shall be lodged for registration during office hours at the

principal office of, or such other office as may be directed by the "uthority

." petition orcommunication may be forwarded to the "uthority through registered post or courier ser+ice/

If an authoried agent files a petition or communication on behalf of any party,the document

authoriing the agent to do so shall be filed along with the petition or communication, if not

already filed in the record of the case.

4/ Ad + is s ion of - e ti t io n. ) "s soon as may be,but no later that fourteen days of

the date of filing of the petition, it shall be placed before the "uthority for admission/

&2) The "uthority may call for submission by the petitioner of any further supporting

communication within the time specified for the purpose of admission of the petition, and the

"uthority shall not be reuired to entertain or admit any petition until such time that suchsupporting communication is furnished/

&?) The "uthority may admit the petition for hearing without reuiring attendance of the

petitioner/

&4) The "uthority shall not pass an order refusing admission without gi+ing the petitioner

an opportunity of being heard of ma-ing a written representation/

&:) In case the "uthority admits the petition, it may gi+e such orders and directions for

the ser+ice of notices to

&a) the respondents and other parties affected or interested, which in the opinion of the

"uthority are li-ely to be affected or interested5 and

&b) to persons who, by reason of their calling or expertise, may be of assistance to the

"uthority in arri+ing at a 3ust and informed determination of the proceedings,

for filing replies or communications in opposition or in support of the petition in such form as

the "uthority may direct, or for purposes of expeditious and efficient conduct of the

proceedings/

&6) The "uthority may, if deemed appropriate, also direct the ad+ertisement bypublication of the title and brief description of the petition in any one or more newspapersspecified for the purpose by the "uthority/ 0uch publication shall also contain a notice of the


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a+ailability of a copy of the petition at the office of the "uthority upon payment of fee

determined for the purpose by the "uthority.

&%) The "uthority may,while admitting a petition, allow the immediate application of the

proposed tariff sub3ect to an order for refund for the protection of consumers, or for

satisfactory security to be pro+ided for refund, while the proceedings are pending before the

"uthority.

:/ P u. li c a t ion a n d S er / ice of n o t ic e s # ) " notice or process issued on directions of

the "uthority may be ser+ed by Registrar or the party concerned as the "uthority may direct,

and the "uthority may also direct the ser+ice to be effected through any one or more of the

following modes of ser+ice, namely.9

&a) by hand deli+ery through a messenger5

&b) by registered post with ac-nowledgment due5 or

&c) by publication in national daily newspaper in the nglish language and two

national daily newspapers in the Erdu language in cases where the "uthorityis satisfied that it is not reasonably practicable to ser+e notices in any other

manner/

&2) +ery notice or process reuired to be ser+e on or deli+ered to any person may be sent

to the person at the address furnished by him for ser+ice or at the place where the person or

his agent ordinarily resides or conducts business or personally wor-s for gain and where the

person to be ser+ed in a petition pending before the "uthority has authoried an agent or

representati+e to represent him in the petition, such agent or representati+e shall be

considered duly authoried to accept ser+ice of a notice and process on behalf of the person

concerned/

&?) The "uthority shall be entitled to decide in each case the reuirements for ser+ice of a

notice,any other appropriate process and publication, if any,directed by the "uthority.The

"uthority shall decide as to who shall bear the cost of such ser+ice and publication and the

time and the manner of reco+ery or reimbursement of such costs if directed to be borne by

any party to the proceedings/

&4) >here any petition is reuired to be ad+ertised, it shall be ad+ertised within such time

as the "uthority may determine.

&:) In default of compliance with the reuirements of these rules or directions of the

"uthority as regards ser+ice or publication, the "uthority may either dismiss the petition orgi+e such further directions, as it deems fit and proper/

&6) *o ser+ice or publication shall be deemed in+alid by reason of any defect in the name

of description of a person, pro+ided that the "uthority is satisfied that such ser+ice or

publication is in all other respects sufficient/

6/ n t e r / e n tio n # ) "ny interested person who desires to participate in any

proceedings may file an inter+ention reuest for lea+e to inter+ene along with the fees

determined for the purpose by the "uthority.

&2) 7The inter+ention reuest shall state the name and address of the person filing thesame, ob3ections and the manner in which such person is or is li-ely to be substantially andspecifically affected by any determination in the proceedings/ The inter+ention reuest may


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also contain the contentions of the person ma-ing the same, the relief sought and the

e+idence, if any, in support of the case.86

&?) 7Enless otherwise pro+ided in the notice of proceedings pursuant to sub-rule &2), &?)

of rule 4, or in a other notice reuired to be gi+en by the petitioner pursuant to the directions

of the "uthority to this effect, an inter+ention reuest must be filed within se+en days from

the date of publication of notice of admission in the newspapers/ The person filing

inter+ention reuest shall also ser+e a copy of the same to the petitioner and the petitioner

may, if so elects, file a reply to the inter+ention reuest and the petitioner shall also ser+e acopy of the reply to the person ma-ing inter+ention reuest/ The "uthority may grant lea+e tointer+ene, sub3ect to such conditions, if any,as the "uthority may deem appropriate.8

%

&4) The "uthority,while refusing lea+e to inter+ene,may direct the person ma-ing the

inter+ention reuest to file such communications before the "uthority as may ha+e been

referred to in the inter+ention reuest, and such communications may be ta-en into account

by the "uthority in accordance with sub-rule &?) of rule 1/

&:) 781

&6) 78

$

%/ R e - ly a n d R e0oin d e r. ) 7ach respondent to whom a notice of the filing of

petition is issued and who intends to oppose or support the petition, may file a reply within

se+en days of the date of publication of the petition with such number of copies as may be

directed by the "uthority.The format and contents of replies shall be in accordance with the

pro+isions of sub-rule &2) of rule ?/8#C

&2) 7In the e+ent the respondent does not file a reply or no inter+ention reuest is filed,

the "uthority may decide the petition inter-alia on the basis of the documents and e+idence

a+ailable on record/8##

&?) 7In the reply or the inter+ention reuest, the respondent or the inter+ener may

specifically admit, deny or explain the facts stated in the petition and may also state

additional facts which are rele+ant and necessary for reaching a 3ust and informed decision in

60ub for ;The inter+ention reuest shall state the name and address of the person filing the same and shall describe the manner in which

such person is or is li-ely to be substantially and specifically affected by any determination in the proceedings/ The inter+ention reuestshall state the contention of the person ma-ing the same,the relief sought and brief particulars of the e+idence such person shall p resent

in case the inter+ention reuest is granted< by [email protected]%&I)A20##,dated 2#st

Barch,2C##%

0ub for ;Enless otherwise pro+ided in the notice of proceedings gi+en pursuant to sub9rule &2) or &?) of rule 4 ,or in any other noticereuired to be gi+en by the petitioner pursuant to the directions of the "uthority to this effect ,an inter+ention reuest mu st be filed no

later than se+en days prior to the first date of hearing in any proceedings, pro+ided that following the commencement of a

hearing, an inter+ention reuest may be filed at any time during office hours prior to the next date of hearing. The "uthority may

grant lea+e to inter+ene,sub3ect to such conditions, if any,as the "uthority may deem appropriate< by ibid

10ub9rule &:) ;*o inter+ention reuest may be filed or acted upon during a hearing unless permitted by the "uthority after opportunity for

all parties to ob3ect thereto,which may be made orally or in writing,as the "uthority may direct.If no ob3ection is made,the "uthoritymay decide to accept or deny the inter+ention reuest based on the procedural and substanti+e merits of the inter+ention reuesthere,on a fixed date for hearing,any of the parties does not appear when the matter

is called for, the "uthority may either dismiss the petition for default of appearance orproceed against the party in default and hear and decide the petition/

?) >here a petition has been dismissed or decided in default of appearance of a !arty,

the person aggrie+ed may file an application within ten days from the date of such dismissal

or decision/ The applicant may see- a recall of the order passed/ The presiding officer may

recall the order on such terms as it considers fit, if he is satisfied that there was sufficient

cause for non9appearance when the petition was called for hearing.

) "ll parties, counsel, witnesses and other persons present at a hearing shall conduct

themsel+es with decorum and deference to the presiding officer/ The presiding officer may

#6In sub-rule &4) for the words and commas ;*otice of the commencement of a hearing shall be gi+en at least fourteen days prior thereto,

unless the "uthority finds for reasons to be recorded,in writing,that a shorter period of notice is consistent with the public interest,< are

substituted by ibid.


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order the remo+al of any person from the hearing who displays disrespect to the presiding

officer or obstructs the hearing.

:) The presiding officer shall declare close of e+idence following the submission of all

the e+idence by the parties as may be allowed or reuired by the presiding officer during the

proceedings/ ollowing a declaration of close of e+idence by the presiding officer, the record

in the proceedings shall be presented before the "uthority for its decision/

) *otwithstanding close of e+idence in the proceedings, for the purposes of arri+ing atits final decision in the proceedings, the "uthority may &i) administer disco+eries and

interrogatories to any person5 &ii) ma-e information directions5 or &iii) reuired the

appearance of any person.

%) The presiding officer may, upon its own motion, or upon motion by a party or an

inter+ener, order proceedings in+ol+ing a common uestion of law or fact to be consolidated

for hearing on any or all of the matters in issue such proceedings/

) The presiding officer may allow and fix a time for the presentation of oral arguments

or the examination or cross9examination of any witness during the hearing, imposing suchlimits of time on the argument, examination or cross9examination, as the case may be, as

deemed reasonable by the presiding officer/ The parties shall strictly comply with such time

limited, and no pre3udice shall be deemed to ha+e been caused to any party as a result of the

refusal of the presiding officer to allow further time to such party.

$) " party shall not present additional e+idence after it has closed its e+idence nor may

any hearing be reopened after ha+ing been closed, except upon motion and where a good

cause is shown/ The presiding officer shall gi+e notice to all parties of the ruling upon such

motion/ *otwithstanding anything in the sub-rule,the "uthority may,at any time prior to the

rendering of a decision, reopen the hearing on its own, in which case the parties shall be

gi+en a notice and the hearing shall not be con+ened less than fi+e days after the sending ofsuch notice.

&2C) >here the "uthority decides not to hold a hearing, it shall render its final

determination in the proceedings on the basis of the e+idence filed by the parties and the

communications filed by any person of their own +olition or upon the direction of the

"uthority, pro+ided that the "uthority may in+ite written representations by the person

see-ing the modification of the tariff in respect of any communication materially ad+erse to

his interests, in order to arri+e at a 3ust and informed decision/ >here the "uthority decides

not to hold a hearing, the e+idence shall be deemed to ha+e been closed thirty days prior to

the expiry of the time prescribed under sub-rule &2) of rule #6/

&2#) The "uthority may appoint one or more days during the course of the proceedings for

the participation of the general public in an informal manner/

#C/ *isc o / er y. ) "t any stage of the proceedings, the "uthority may reuired any

person to produce such documentary of other e+idence as the "uthority may consider

necessary for the purpose of enabling it to conduct a fair hearing and to arri+e at a 3ust and

informed decision/

&2) " party to any proceedings may, at any time before the close of e+idence, ma-e a

motion to the "uthority for disco+ery of any document or other information from any otherparty to the proceedings or from any other person/ The motion for disco+ery shall specify thenature and content of the disco+ery sought and its rele+ance to the issues in the proceedings/

&?) The "uthority may


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the "uthority,within the time limit specified for the purpose,to the party by

whom the disco+ery is sought, re3ect the motion for disco+ery if deemed by

the "uthority to be irrele+ant, unnecessary for purposes of the proceedings or

unli-ely to be of assistance to the "uthority in its decision5 or

&ii) after gi+ing an opportunity of responding orally or in writing,as deemed fit by

the "uthority, within the time limit specified for the purpose, to the party

against whom the disco+ery is sought, accept the same sub3ect to any

amendments to the contents or extent of the disco+ery reuested in the motion/

&4) Epon the acceptance of a motion for disco+ery,the "uthority shall direct the person

from whom the disco+ery is sought to produce the reuired documents or informationbeforethe "uthority within the time limit directed in this respect by the "uthority and upon

production as aforesaid, shall pro+ide a copy thereof to the party ma-ing the motion for

disco+ery.

&:) *otwithstanding anything contained in sub rules ) and &2), the presiding officer

may establish different or additional disco+ery procedures in each case, which ta-e into

account the legitimate rights of the parties in the context of the proceedings, in accordancewith the pro+isions of the "ct/ In establishing disco+ery procedures, the presiding

officer shall exercise his direction to balance the interests of the parties and shall ensure that

the information necessary to complete the record is produced within the time for disco+ery

directed in each case by the presiding officer/

&6) >here the directions for disco+ery made by the "uthority on the motion of a party

are not complied with, within the time limit determined for the purpose, the party

ma-ing the motion for disco+ery shall immediately bring such failure of disco+ery to the

notice of the "uthority/ ailure of a party to file a motion to compel disco+ery in a timely

manner may result in a wai+er of its right to compel the disco+ery.

&%) " party which has produced any document or information in response to a

direction for disco+ery, shall be under a continuing duty to bring to the notice of the

"uthority any changes rendering the contents and meaning of any documents or information

no longer accurate or complete and shall amend such documents or information in

accordance with the directions of the "uthority.

##/ n t e rr ogat o r ie s. ) The "uthority may,whether by itself or on a motion made

by any party and granted by the "uthority on such terms as it may deem fit, administer

written interrogatories to any person/ The interrogatories shall state the uestions whose

answers are sought by the "uthority or any party to the proceedings, pro+ided that the"uthority shall ensure that the uestions stated in the interrogatories are rele+ant to the

issues in the proceedings/

&2) " person to whom interrogatories are administered, shall respond thereto within

the time limit directed by the "uthority/ The response to interrogatories shall be in writing

and shall be filed with the Registrar/

&?) >here the interrogatories administered on the motion of a party are not responded towithin the time limit directed for the purpose by the "uthority,the party ma-ing the motion

for interrogatories shall immediately bring such failure of response to the notice of the

"uthority.


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&4) ailure of a party to ma-e a motion to compel response to the interrogatories in a

timely manner may result in a wai+er of its right to compel the response/

#2/ Ru l in g s. ) The presiding officer may ma-e rulings during the course of a hearing

upon a motion for ruling made by a party,and may also ma-e rulings of its own motion/ The

presiding officer may reuire,at his discretion, written memoranda or permit oral argument

on any issue in respect of which a party see-s a ruling/ The presiding officer may rule at the

time of the reuest or ta-e any matter under ad+isement/

&2) The presiding officer shall ma-e ruling promptly after submission of a motion for

ruling and generally not later than the next hearing date/

&?) The "uthority may re+iew rulings made by the presiding officer when issuing its final

decision in the proceedings/

&4) " ruling of the presiding officer shall remain in full force and effect unless and until set

aside or modified by the "uthority.

&:) " ruling of the presiding officer may be appealed to the "uthority, by filing theappeal in writing with the Registrar, within se+en days of the date of announcement of the

ruling.The "uthority shall decide the appeal not later than fourteen days of the date of filing

of the appeal/

&6) " party wishing to appeal a ruling of the presiding officer shall immediately gi+e

notice to the presiding officer of its intent to do so, on the record of possible, and shall

pro+ide copies of the appeal to all the other parties to the proceedings, within a se+en days

time limit.

&%) "ny party to the proceedings may file replies to the appeal by filing them with the

Registrar/

&1) The "uthority may decide the appeal on the basis of the record alone, or may permit

oral or written argument by any or all the parties to the proceedings/

&$) The presiding office may,but shall not be reuired to, stay the proceedings until such

time the "uthority has rendered its decision in appeal on a ruling, if in his opinion the

conduct of the proceedings pending the decision on the appeal shall be pre3udicial to the party

filing the appeal/

#?/ T r a n s cr i- ts. ) The "uthority may of its own and shall on motion made by any

party in writing at least se+en days before the date fixed for hearing,arrange that the hearingsat the proceedings be officially recorded by a person appointed for the purpose/

&2) " party reuesting a copy of the transcript shall pay to the "uthority the reasonable

cost of preparing the copy before the "uthority ma-es the copy a+ailable to the party.

&?) " correction in the official transcript may be made only to ma-e it conform to the

e+idence presented at the hearing.

&4) " correction in the official transcript agreed to by the parties may be incorporated intothe record, if and when appro+ed by the presiding officer, at any time during the hearing5 orafter the close of e+idence,but, in any e+ent, not more than ten days from the date of receipt

of the transcript by the parties/ The presiding officer may call for the submission of proposedcorrections in the official transcript and may ma-e dispositions thereof at appropriate timesduring the course of the proceedings


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#4/ T e n ta t i/e O - in io n s. ) "t any stage in a proceeding, the presiding officer maycall all parties together for a conference and may recess the hearing for such conference/ The

presiding officer shall record, in writing, the tentati+e opinion of the "uthority or the

presiding officer on the basis of the e+idence on the record/ The purposes of recording the

tentati+e opinion shall be to afford an opportunity to the parties to appraise the prospects of

their case in the proceedings and accordingly to consider settlement or withdrawal of their

case or to modify the e+idence proposed to be presented/

&2) The presiding officer shall record, in writing, the result of the conference referred to

in sub-rule ).The tentati+e opinion shall contain a statement of reasons and a determination

of each issue rele+ant to such opinion/

&?) *either the "uthority nor any party shall be bound, or in any manner restricted, by a

tentati+e opinion, or any determination in respect of any issue in a tentati+e opinion, rendered

in accordance with the pro+isions of this rule and nothing recorded in a tentati+e decision

shall be used in any manner pre3udicial to the "uthority or any party to the proceedings/

#:/ E/i d e n c e. ) 0ub3ect to the pro+ision of sub-rule &%) of rule $ and sub9rule ) of

rule 2:, any matter contained in any record, report, communication and document in the

possession of the "uthority of which a party or the "uthority desires to a+ail itself as

e+idence in a proceeding, may be offered and made a part of the record in the proceedings/

0uch record, reports, communication and other documents need not be produced or mar-ed

for identification, but may be offered in e+idence by specifying the particular report,

document or other file containing the matter so offered/

&2) The presiding officer may allow to be prepared a written statement of the e+idence of

any witness along with an affida+it of accuracy to be offered as an exhibit in lieu of oral

e+idence/ Fopies of such proposed exhibit shall be ser+ed upon all parties to the proceedings

who ha+e filed an appearance at lease se+en days in ad+ance of the session of the hearing atwhich such exhibit is to be offered/

&?) !arties to a proceedings may file with the "uthority and ser+e on all other parties a

written statement of specific facts or issues/ The written statement shall be supported by

e+idence along with a summary thereof/ @ther parties may file any response to the written

statement within such period of time after ser+ice,as may be fixed by the presiding officer/

The presiding officer shall gi+e his decision as to the rele+ance and admissibility,in whole or

in part, of the written statement at the next due date of hearing, or where the written statement

is presented during the course of hearing, then prior to the admission of such written

statement in e+idence in the proceedings/

&4) " summary of e+idence shall contain.-

&i) an abstract of the rele+ant and necessary e+idence relied upon by the party

filing, with reference to the pages of record or exhibits where the e+idence

appears5 and

&ii) arguments and authorities in support/

&:) "ny exhibit referred to in the summary of e+idence should not be reproduced therein/

0uch exhibits shall be produced before the "uthority when so directed by the "uthority

within the time limit specified by it.

&6) "ny analysis of an exhibit relied on should be included in the rele+ant part of the

summary of e+idence under the sub3ect to which it pertains/


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&%) *o summary of e+idence shall be more than twenty pages in length/

#6/ * ec is i o n s e t c. , . y the Autho r it y. ) "ll orders, determinations and decisions

of the "uthority shall be ta-en in writing.

&2) 7The "uthority shall decide a petition within four months of the date of admission of

the petition.

!ro+ided that the "uthority may,only for causes beyond its control including,without

limitation, the failure by any person to comply with the pro+isions of these rules or the orders

and directions of the "uthority, extend the aforesaid four months period by a further period of

one month.

!ro+ided further that, the "uthority shall not extend the time for its final

determination in proceedings beyond an aggregate period of four months/ "lso the reasons

for such extension in time shall be recorded in writing.

!ro+ided also that in case of failure by any person to comply with the directions of the"uthority to pro+ide any information or document, the "uthority may either dismiss the

petition or may proceed to decide the petition on the basis of a+ailable record/8#%

&?) The reasons gi+en by the "uthority in support of its orders, determinations and

decisions including those by the dissenting members, if any, shall form a part of the order,

determination or decision/ Fopies of all orders, determinations and decisions shall be

a+ailable at the principal office of the "uthority for public inspection/

&4) "ll orders, determinations and decisions made or issued by the "uthority shall be

certified under the signature of the Registrar and the seal of the "uthority, and copies

similarly certified shall be made a+ailable to any person on payment of such fees as the"uthority may form time to time determine.

&:) >ithin fi+e days of ser+ice of a final order, determination or decision of the

"uthority,a party may file a motion for re9calculation based on an alleged inad+ertent error

in a calculation contained in the final order, determination or decision, as the case may be/

The motion shall set forth in detail the proposed ad3ustments and the basis for the changes/

The "uthority may,in its discretion,con+ene a conference or hearing to discuss the motion/

The "uthority shall act upon a motion for re9calculation within se+en days of receipt of such

motion unless it gi+es notice to the parties, in writing, that a longer period of time will be

reuired and specifies the additional length of time necessary to consider the motion/

&6) >ithin ten days of ser+ice of a final order, determination or decision of the "uthority,

a party may file a motion for lea+e for re+iew by the full strength of the "uthority of such

final order, determination or decision, as the case be.

&%) " motion for lea+e for re+iew shall specify the grounds on which re+iew is sought by

the party/ !arties to the proceedings shall be afforded a reasonable opportunity,orally or in

writing as deemed fit by the "uthority, to respond to a motion for lea+e for re+iew .

#%0ub9rule &2) of rule #6 ;The "uthority shall decide a petition within six months of the date of filing of the petition ,pro+ided that,the

"uthority may,only for causes beyond its control including without limitation,the failure by any person to comply with the pro+isions ofthese rules or the orders and directions of the "uthority,extend the aforesaid six months period by a further period of one month,pro+idedfurther that,the "uthority shall not extend the time for its final determination in a proceeding beyond an aggregate period of six months .

The reasons for such extension in time shall be recorded in writing< is substituted by [email protected]%&I)A2C##,dated 2#st

Barch,2C##.


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&1) The "uthority shall act upon a motion for lea+e for re+iew within ten days of receipts

of such motion unless it gi+es notice to the parties, in writing that a longer period of time will

be reuired and specifies the additional length of time necessary to consider the motion/

&$) The "uthority may refuse lea+e for re+iew if it considers that the re+iew would not

result in the withdrawal or modification of the final order, determination or decision/

) The "uthority may grant lea+e for re+iew on such conditions as deemed appropriate

by the "uthority including,without limitation, the conditions pertaining to any limits on timeor additional e+idence proposed to be presented in re+iew.

#) " final order, determination or decision gi+en by the "uthority in any proceeding and

where applicable, following a determination in respect of a motion for re+iew pursuant to

sub-rule &6),shall be intimated by the "uthority to the ederal Go+ernment as soon as may

be but in any e+ent not later than three days after the date of such final order, determination

or decision, as the case may be for the purpose of notification thereof in the official Gaette

under sub9section &4) of section ?# of the "ct/

) The "uthority shall, within fifteen days of a reuest by =/he ederal Go+ernment for

reconsideration by the "uthority of its final order,determination or decision in a proceeding,

reconsider such final order, determination or decision anew and shall intimate the result

thereof to the ederal Go+ernment within a period of fifteen days for notification in the

official Gaette under sub-section &4) or section ?# of the "ct/

PART -

STAN*AR*S AN* 2,*ENES

#%/ S tan d a r d s a n d g u id e lin e s. ) The "uthority may, from time to time, setand issue standards and guidelines regarding the substances or contents of filings to pro+ide

assistance to persons see-ing to file petition and communications/ The "uthority may hold

public hearings in accordance with these rules in the de+elopment of standards and

guidelines/ The persons filing the petitions and communications shall comply with any and

all standards or guidelines issued by the "uthority.

&2) The "uthority may, at any time, modify, amend or re+o-e the standards or the

guidelines by publishing the proposed modification, amendment or re+ocation in the official

Gaette thirty days in ad+ance of the effecti+e date thereof,pro+ided that, no modification,

amendment or re+ocation shall be effecti+e in respect of any proceedings pending before the

"uthority at the time such modification, amendment or re+ocation becomes effecti+e/ The"uthority shall, before publishing the modification, amendment or re+ocation in the official

Gaette,ta-e into consideration any comments recei+ed within the aforesaid period of thirty

days/

&?) Tariffs shall be determined, modified or re+ised on the basis of and in accordance

with the following standards, namely.-

&i) tariffs should allow licensees the reco+ery of any and all costs prudently

incurred to meet the demonstrated needs of their customers, pro+ided that,

assessments of licensees, prudence may not be reuired where tariffs are set

on other than cost -of - ser+ice basis, such as formula9based tariffs that are

designed to be in place for more than one years5


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&ii) tariffs should generally be calculated by including a depreciation charge and a

rate of return on the capital in+estment of each licensees commensurate to that

earned by other in+estments of comparable ris-5

&iii) tariffs should allow licensees a rate of return which promotes continued

reasonable in+estment in euipment and facilities for impro+ed and efficient

ser+ice5

&i+) tariffs should include a mechanism to allow licensees a benefit from, andpenalties for failure to achie+e, the efficiencies in the cost of pro+iding the

ser+ice and the uality of ser+ice5

&+) tariffs should reflect marginal cost principles to the extent feasible,-eeping in

+iew the financial stability of the sector5

&+i) the "uthority shall ha+e a preference for competition rather than regulation

and shall adopt policies and establish tariffs towards that end5

&+ii) the tariff regime should clearly identify inter9class and inter-region subsidies

and shall pro+ide such subsidies transparently if found essential, with a +iew

to minimiing if not eliminating them, -eeping in +iew the need for an

adeuate transition period5

&+iii) tariffs may be set below the le+el of cost of pro+iding the ser+ice to consumers

consuming electric power below the consumption le+els determined for the

purpose from time to time by the "uthority, as long as such tariffs are

financially sustainable5

&ix) tariffs should, to the extent feasible,reflect the full cost of ser+ice to consumer

groups with similar ser+ice reuirements5

&x) tariffs should ta-e into account Go+ernment subsidies or the need for

ad3ustment to finance rural electrification in accordance with the policies of

the Go+ernment5

&xi) the application of the tariffs should allow reasonable transition periods for the

ad3ustments of tariffs to meet the standards and other reuirements pursuant to

the "ct including the performance standards, industry standards and the

uniform codes of conduct5

&xii) tariffs should see- to pro+ide stability and predict9ability for customers5 and

&xiii) tariffs should be comprehensible, free of misinterpretation and shall state

explicitly each component thereof.

&4) The "uthority may amend, modify, supplement, re+ise or re+o-e the standards

prescribed under sub9rule &?) pro+ided that no action as aforesaid shall be ta-en to the

pre3udice of a party to any proceedings pending before the "uthority.

&:) The "uthority shall, in determining the tariff, stri-e a balance to the extent possible,

among the tariff standards in order to optimie the benefits to all persons li-ely to be affected

by the tariff//

PART -3


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TAR!!S S"'E*,ES AN* "ONTRA"TS

#1/ ! il in g of ta ri f f. ) +ery licensee shall ha+e appro+ed tariffs filed with the

"uthority/ The "uthority may order the licensees to file tariffs if not already filed with or

appro+ed by the "uthority in accordance with these rules/ In case such tariffs ha+e not

already been appro+ed by the "uthority, the "uthority may direct the licensee to file a

petition for the purposes of appro+al of the tariffs by such licensee.

&2) " tariff determined by the "uthority shall not become effecti+e until such time

it is published in the official Gaette in accordance with sub-section &4) of section ?# of the

"ct/

#$/ ! o r + at of ta r if f s. ) " tariff, and any schedule or contract in connection with the

tariff,shall be typewritten, printed, or otherwise legibly duplicated and shall be filed with the

"uthority in such number of copies as the "uthority may direct/

&2) " tariff, and any schedule or contracts in connection with such tariff, shall show

plainly all-reuisite details necessary or appropriate to explain the basis of all charges to be

made.

&?) " schedule in connection with a tariff shall show the price or unit upon which it is

based, meter rentals, ser+ice charges, basis for determining demand, discounts, and any other

detail necessary for a complete understanding of the charges comprised in the tariff/

&4) " tariff, and the schedule or contract in connection with the tariff, shall be mar-ed

with identification numbers and letters in accordance with the method determined for the

purpose by the "uthority/ ach tariff shall show plainly, the date of issue and the date of

effecti+eness/

2C/ P osti n g of r a te s. " tariffs, and any schedule or contract in connection with thetariff, filed by a licensee or appro+ed by the "uthority, shall be printed and copies thereof

shall be made a+ailable to the public free of cost at the licensees= offices/

2#/ No t ice of g e n er al r a t e c h a n g e s to c u sto + e r s of lic e n s e e. In any publication

ordered by the "uthority under sub-rule &2) of rule 4 on a petition filed by a licensee , the

publication shall, in addition to the information directed by the "uthority to be published,

contain the following information,namely.-

&a) total rupee amount of the proposed rate change5

&b) total percentage change in annual re+enues5

&c) typical bill impact of the proposed change on each class of customers5

&d) if applicable, a statement indicating that the "uthority has order immediate

implementation of the proposed tariff sub3ect to an order for refund protection

to the customers5 and

&e) the telephone numbers of a representati+e of the licensee who can be called for

further information/

PART -3

BI0F(("*@E0


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22/ S e al of the Autho r it y. ) There shall be a seal of the "uthority, which shall

remain in the custody of the Registrar/

&2) The seal of the "uthority shall be affixed by the Registrar on all orders,

determinations,decisions or communications made,notices issued or certified copies granted

by the "uthority.

2?/ Ef f ec t of ir re g u larity i n - r o cee d in g s.*o proceedings of the "uthority shall be

in+alid by reason of any defect or irregularity unless the "uthority,on an ob3ection ta-en by

any party, is of the opinion that substantial in3ustice has been caused by such defect or

irregularity or there are otherwise sufficient reasons for doing so, and the "uthority may in

such e+ent ma-e such orders as deemed appropriate by it for the rectification of such defect

or irregularity.

24/ n s - ec tion . y -u . li c. ) 0ub3ect to the pro+isos of sub-rule ) of rule 2:, the

"uthority shall maintain a policy for inspection and examination of its files and records in

relation to any proceedings/

&2) The "uthority shall fix the fees for pro+iding copies of any document a+ailable with

the "uthority to the public/ The "uthority shall also specify the times of public access to

files and records/

&?) Records of e+ery proceeding shall be open for inspection, except those parts specified

by the "uthority as confidential or pri+ileged under sub-rule ) of rule 2:/

&4) !ublic access to records of the "uthority shall be sub3ect to compliance with such

terms as the "uthority may direct from time to time, including the time,place and manner

and the payment of fees for inspection/

&:) The "uthority may de+elop record -eeping systems, numbering systems and case

management systems as it may deem appropriate

2:/ "on f id e n ti a lit y. ) The "uthority may issue such standards for confidentiality,

as it may deem appropriate/ The "uthority may change, amend or re+o-e standards of

confidentiality at any time, consistent with the pro+isions of these rules and the "ct, pro+ided

that, no change in the standards of confidentiality shall be applicable in case of documents

mar-ed or declared confidential by the "uthority prior to such change.

&2) "ny person compelled to produce a document may claim that some or all of the

information contained in a particular document is exempt from production in accordance withthe confidentiality standards of the "uthority/ The person ma-ing such claim shall file a

statement specifying the 3ustification for a claim of confidentiality.The "uthority shall ha+e

the right to ma-e the determination with regard to any claim of confidentiality ,pro+ided that,

in ma-ing such determination, the "uthority shall re3ect any general claims of confidentially,

and shall ma-e its determination on a claim for confidentiality only on the basis of detailed

information furnished to the "uthority to ma-e an informed decision of the reuest for

confidential treatment/

&?) *otice of the decision by the "uthority to deny a claim, in whole or in part, and an

opportunity to respond shall be gi+en to a person claiming confidentiality no less than fi+e

days before its public disclosure.


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26/ E4 te n sion of ti + e. ) 0ub3ect to the pro+ision of sub-rule &2) of rule #6, the

"uthority may,for good cause shown, extend any time limit as prescribed by these rules or

directed by the presiding officer/

&2) "ll reuests for extension of the time limit shall be made by motion before the

expiration of the period originally prescribed or as pre+iously extended/

&?) The "uthority shall gi+e notice to all parties of the "uthority determination upon the

motion made under sub-rule &2).

2%/ P e n alty. ) 0ub3ect to sub-rule &2), any person who contra+enes any of these

rules shall be punishable with fines which may extend to three hundred thousand rupees and,

in the case of a continuing contra+ention with an additional fine which may extend to three

hundred thousand rupees for e+ery day during which such contra+ention contuse after the

first contra+ention/

&2) In imposing any find under these rules, the "uthority shall -eep in +iew the principle

of proportionality of the fine to the gra+ity of the contra+ention and shall allow the person

liable to be penalied to show cause, orally or in writing and in the manner deemed fit by the"uthority, as to why the fine may not be imposed/

Ba3 Gen &R) B asan "eel,

Secretary

*ational lectric !ower Regulatory "uthority


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A+end+ents +ade in NEPRA (Tariff Standards 5 Procedure) Rules,1998

!art-II

Statutory Notifications (S#R#O#)

G@HR*B*T @ !"I0T"*

"A6NET SE"RETARAT

("a.inet *i/ision)

*otification

Islamabad, the 21st

March, 2011

S#R#O# 7()&7$11.JJ In exercise of the power conferred by section 46 of the

Regulation of Generation, Transmission and Distribution of lectricity !ower "ct, #$$% &'(

of #$$%),the *ational lectric !ower Regulatory "uthority,with the appro+al of the ederal

Go+ernment, is pleased to direct that following amendments shall be made in the Tariff

&0tandards and !rocedure) Rules, #$$1, namely.JJ

In the aforesaid Rules.JJ

) in rule 2, in sub-rule ),in clause &h), after the word ;petition


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&b) for sub-rule &?), the following shall be substituted, namely.JJ

;&?) Enless otherwise pro+ided in the notice of proceedings

pursuant to sub-rule &2), &?) of rule 4, or in any other notice

reuired to be gi+en by the petitioner pursuant to the directions

of the "uthority to this effect, an inter+ention reuest must be

filed within se+en days from the date of publication of notice of

admission in the newspapers/ The person filing inter+ention

reuest shall also ser+e a copy of the same to the petitioner andthe petitioner may, if so elects, file a reply to the inter+ention

reuest and the petitioner shall also ser+e a copy of the reply to

the person ma-ing inter+ention reuest/ The "uthority may

grant lea+e to inter+ene, sub3ect to such conditions, if any, as

the "uthority may deem appropriate.


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&e) sub-rule &:) shall be omitted.

&:) In rul

&a)

e $,JJ

in sub-rule ),for the words and comma ;"fter filing of the pleadings,the "uthority shall examine the same and ; the words and comma ;"t

the time of admission of petition, the "uthority shall also< shall be

substituted5 and

&b) in sub9rule &4), for the words and commas ;*otice of the

commencement of a hearing shall be gi+e at least fourteen days prior

thereto, unless the "uthority finds for reasons to be recorded, in

writing, that a shorter period of notice is consistent with the public

interest< the words and comma ;In case the "uthority orders a hearing,

the date of hearing shall also be specified in the notice of admission

Nepra (Tariff Standards and Procedure) Rules 1998 Along With All Amendments

Documents

Transcript of Nepra (Tariff Standards and Procedure) Rules 1998 Along With All Amendments