State power regulator junks plea seeking action against TNPDCL officials

Petitioner alleges that only three lakh service connections have been converted from domestic category to new category of common supply. 

Tamil Nadu  Electricity Regulatory Commission (TNERC) dismissed a plea seeking action against certain officials of Tamil Nadu Power Distribution Corporation Limited (TNPDCL).

In his petition, S.Neelakanta Pillai  alleged that only three lakh service connections have been converted from domestic category to new category of common supply under Tariff ID, while the overall service connections under the category is in the order of eight lakh.

He further alleged that TNERC approved anticipated revenue from tariff ID at ₹1,497.8 crore for FY 2022-2023, but as per the true-up petition for the same period the revenue from sale of power in Tariff ID category was approved only to extent of ₹276.25 crore which is only 18.44% of the approved quantum.

Mr. Pillai pointed out 5 lakh Tariff IA consumers are yet to be billed under the new category of Tariff ID and they are being allowed to enjoy the services in the old category of tariff schedule with government subsidy and free hundred units per bi-month for years together. This has led to an additional burden of  ₹1,221.55 crore for FY 2022-2023 to the State government by way of loss funding, he further noted.

He alleged irresponsibility on the part of certain officials of TNPDCL and sought action against them under Sections 128, 142, 149 and 150 of Electricity Act 2003. The plea also named the Secretary of TNERC for not exercising his powers conferred by Regulation 54 of Conduct of Business Regulations 2004.  

TNERC held the petition is not maintainable saying it would not entirely fall within the purview of the powers of the Commission. The  Commission is not a constitutional court and its powers are hedged and circumscribed by the boundaries of Section 142, it noted.

It is to be noted that the Section 142 stops short of levy of imposition of penalty and there is nothing in the said section which enables TNERC to consider the prayer of the petitioner.

Section 149 and 150 of the Electricity Act 2003 are criminal in nature and not within the jurisdiction of the Commission, TNERC said while rejecting the petition.