In Brief
This case concerns whether Cross-Subsidy Surcharge (CSS), a statutory charge on industrial consumers accessing electricity through open access, must be determined together with tariff or can be determined separately. The Rajasthan Electricity Regulatory Commission determined CSS on 1st December 2016 based on tariff fixed on 22nd September 2016. The appellate tribunal (APTEL) set aside this determination, holding CSS should coincide with tariff determination. The Supreme Court reversed APTEL, holding that CSS determination need not coincide with tariff determination. Under Regulation 90, CSS can be determined separately based on the prevailing applicable tariff, without awaiting a new tariff order for a subsequent financial year.
The lawyer headnote and full judgment text are available to registered users.