APTEL stays MERC Order on CSS

The Appellate Tribunal has stayed (for now) the MERC Order on Cross Subsidy Surcharge being levied by RINFRA.

The Order was passed today (21st June, 2013) and is available online, here: http://aptel.gov.in/Dailyorder.html

In my opinion, this is an important Order even if simply from the perspective that ANY element of tariff CANNOT be levied without it being clearly discussed with the public/consumers.

Also the Commission needs to give SPEAKING ORDERS explaining their reasoning and the rationale behind it.

This is only an Interim Stay on collection of CSS and the status quo to be restored as what it was before the MERC Order. Merits of the case will be argued in the 1st week of August.

A few excerpts of the Order are given below for your reference...

"The R-Infra on 07.1.2013 filed a petition before the State Commission in case No.3 of 2013 i.e. the present proceedings, seeking for determination of Cross Subsidy Surcharge for Open Access consumers. In this petition, only the other distribution licensees and the Government of Maharashtra alone were impleaded as a party and only they were heard. In fact, on 7.2.2013 the Government of Maharashtra had sent a letter to the State Commission to de-link the trajectory for reduction in Cross Subsidy Surcharge from the determination of Cross Subsidy Surcharge." 

"When the prayer was made by the R-Infra in Case No.3 of 2013 seeking for the determination of Cross Subsidy Surcharge, the State Commission did not choose to issue notice to the consumers with reference to the said issue. On the other hand after hearing the distribution licensees and the Government, the State Commission has passed the impugned order dated 10.5.2013 revising the Cross Subsidy Surcharge applicable to changeover consumers by increasing the Cross Subsidy Surcharge to a great extent without hearing them." 

"We are unable to understand as to why the State Commission had hurriedly passed the impugned order with reference to this issue which is admittedly pending before the State Commission in MYT proceedings as well as in Appeal No.178 of 2011 before this Tribunal. No reasons have been given in the impugned order with regard to the urgency."

"It is also noticed that the State Commission has decided to determine Cross Subsidy in the present proceedings after getting the view of the Government of Maharashtra without hearing the parties who are likely to be affected due to the high increase in the Cross Subsidy Surcharge."

"We find that there is prima-facie merit in this contention. That apart, the balance of convenience also in our view lies in favour of the Appellants." 

"If the impugned order, with reference to the increase in Cross Subsidy Surcharge is not stayed pending adjudication of the present Appeals, the Appellants will have to pay Surcharge which is increased to 1000% and 400% respectively and this would cause grave prejudice to the consumers once such increase of Cross Subsidy Surcharge has been collected from the changeover consumers."

MERC has been LYING to the public for SIX years!!

What expectations can you have from an organization that has been LYING to the Public for the last 6 years.

As per the Electricity Act 2003, the Regulatory Commissions (MERC, here in Mah.) are supposed to appoint 'Consumer Representatives' so that these persons (or organisations) can 'represent' consumer interest, in various matters - especially in determining tariff.

Section 94(3) states, "(3) The Appropriate Commission may authorise any person, as it deems fit, to represent the interest of the consumers in the proceedings before it."

MERC has always led us (the public) to believe that the following four agencies have been "authorised by the Commission" under 94(3):
1. Mumbai Grahak Panchayat, Mumbai
2. Prayas Energy Group, Pune
3. Thane Belapur Industries Association, Navi Mumbai
4. Vidharba Industries Association, Nagpur

See MERC's RINFRA Tariff Order issued on 15-Jun-2009, where MERC is stating that hearings were conducted in the presence of 'consumer representatives' authorised under 94(3).

MERC has been allowing ONLY these four to attend and hear the initial, critical technical validation sessions for Tariff fixation - and in fact, for some of the hearings it only allows these four to attend - and does not allow the Public to participate.

On 19-Dec-2003, MERC issued an Order stating that they had appointed these four as Consumer Representatives. There was NO selection, NO invitations from the public, NO systematic methodology for such appointment, NO fixed term, NO responsibilities defined - NOTHING.

MERC just 'hand-picked' these guys ... (I wonder why?) ... and then gave them an 'open-ended' appointment!! There is NO TERMINATION date for these appointments.

I wanted to know more details and so I filed an RTI on 01-Jun-2009 (otherwise they are inclined not to respond) and to my surprise, they replied on 02-Jul-2009 that there has been NO appointment by them under Section 94(3) or under their own Regulation 18 !!

So why has MERC been 'misleading' us to believe that our (consumer) interest is being 'protected' by these 'representatives'!!

These guys could very well be the STOOGES of the electricity companies - and therefore are not really bothered about general consumer interest. No wonder tariff has been continuously rising since 2003 ...

I demand that ALL Tariff Orders issued by MERC, since 2003 be revoked, since due process of law has not been followed. Tariff to be rolled back to the pre-2003 levels.

Most of this happened during the tenure of the earlier Chairman, Dr. Pramod Deo - who is now the Chairman of CERC. The present Chairman, V.P.Raja is, unfortunately, facing all the flak...

Also, see the manner in which MERC has responded to my queries, I know for a fact that certain agencies HAVE applied - and MERC has been silent on this.

How long will you remain silent and continue to let such unscrupulous agencies get away with such blatant lies?

Send an email to MERC and let them know how you feel. Their email ID is mercindia@mercindia.org.in

Tell the present Chairman to reopen ALL the Tariff Orders passed by his predecessor.

THAT's the ONLY way you will get some respite from rising tariff - who knows - you may also get a REFUND!!

My presentation at MERC's hearing

Check this out...
http://www.youtube.com/watch?v=p9E-KdDQ7l0

Its the presentation I made at MERC's Public hearing on Rel Infra's Tariff petition.

Got a copy thru RTI.

Hope this encourages more people to make presentations.

More at http://groups.yahoo.com/group/bijlee

Public Response in Reliance Tariff hike

The response that I will be submitting to Reliance is attached here and here

Go through it so that you may understand the issues we are dealing with. I am not a legal expert and the legal fraternity may excuse my attempt at this :)

Anyway, I have attempted to include all the issues that would affect Residential consumers.

The procedure is thus:

1. Fill in your name, postal address tel/mobile and email ID (before you take prints). Details need to be filled on Page 1, Page 2 and Page 19.

2. Before Thurs, March 19th, make sure one copy is delivered to
Mr. Ramesh Shenoy, Company Secretary
Reliance Infrastructure Limited
Reliance Energy Centre
Santa Cruz (E)
Mumbai 400055

You would need to show proof of service so make 2 copies and get one stamped / acknowledged by their office - or retain Fax/courier slip (in which case you may need to do it at least one day earlier). There is no email provided for Reliance - so that makes it a little more difficult for us! However, I tried sending it to ramesh.shenoy@relianceada.com.

3. Make 6 copies of the submission (actually make 7, you will need one for yourself!) and attach the fax/courier/stamped page on all 6 copies and then send it before Thurs Mar 19th, to
The Secretary
Maharashtra Electricity Regulatory Commission
13th Floor, Centre No. 1, World Trade Centre
Cuffe Parade
Mumbai 400005
Fax: 2216 3976
email: mercindia@mercindia.org.in

To see what really happens, come for the Public Hearing on Thurs Mar 26th at Rangsharda Natya Mandir, Bandra Reclamation, Bandra (W). The hearing starts at 11am.

Let's try and ensure we get justice done !

- Sandeep.

Reliance's Proposed Tariff Hike

I have been going through the Reliance Tariff petition and was trying to find out the increase in electricity charges, since Sep 2006 (the past 30 months). I was surprised with the results and decided to prepare a 'calculator' for Reliance customers to realize how much their tariff has gone up in the past 30 months.

I've uploaded the file here on the Bijlee YahooGroup site and you can sign in to access it (scroll down the list to reach the file "Revised_Reliance_Tariff_Calculator.xls).

All you need to do is input your consumption in the yellow box on the first sheet - and the data will appear as to how much you would have paid at various intervals during this time frame. The dates taken are based on the various tariff orders issued by MERC.

I have included the figure of what would happen, if Reliance's current proposal is approved.

Just to give you a few examples:
1. If your consumption is 100 units - in Sep 2006 you would have paid Rs. 205.29, and (if Reliance's proposal is approved) from Apr 2009, you would be paying Rs. 418.76 - a whopping 104% up in 30 months - and average of almost 42% per year (or 3.5% per month)

2. If your consumption is 400 units - in Sep 2006 you would have paid Rs. 1,577.15, and (if Reliance's proposal is approved) from Apr 2009, you would be paying Rs. 2,923.84 - an increase of 85% in 30 months - and average of approx 34% per year (or nearly 2.9% per month).

Just to put this in perspective, the official Inflation Index for India for FY 2006-07 was 519 and for FY 2008-09 it is 582, which means that as per the Govt. the actual inflation has been around 12% (582/519) for this period.

Also, from Sep 2006 till date, central excise duty has come down from 14% to 8% (down 43%), service tax has come down from 12.36% to 10.3% (down 17%), the price of oil (per barrel) has come down from US$ 63.75 to US$ 41.31 (down 35%) - and yet Reliance has petitioned MERC with an increase that will end up in us paying almost 30% MORE.

I wonder if our disposable incomes went up as much !!

The MERC Public Hearing on Reliance's Tariff Petition is scheduled for Thursday, March 26th at Rangsharda, Bandra Reclamation at 11am. I trust at least a few of you would file a public response opposing the hike (I will be filing one - and you would like to do that, please email me and I send you a copy of what I file).

For those who can't wait - send an email to mercindia@mercindia.org.in - not that they take cognizance of emails - but still 1,000 emails can make a BIG difference - considering that there are about 28 Lakh consumers of Reliance... and don't forget to mark me a copy!

Go ahead and try this - and do send me your feedback at sandeep.ohri@ymail.com (bouquets and brickbats - both will be accepted humbly).

- Sandeep


(Disclaimer: I have tried to make this calculator as accurate as possible - but please try and understand that this is really complex and hey.. who said everyone was perfect!)

Sleepless Nights ...

Check out the latest post at http://bijleepower.blogspot.com/ on the MERC hearings