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Maharashtra State Electricity Distribution Co. Ltd. Office of the Chief Engineer (Commercial), Prakashgad, Plot No.G-9, Bandra (East), Mumbai 400 051 (P) 26474753, (O) 26474211 / 26472131, Fax- 26472366, E-Mail: www.cecomm@mahadiscom.in Ref.No.PR-3/Tariff/21377 COMMERCIAL CIRCULAR NO. 52 Sub:Categorisation of HT I consumers in continuous and non-continuous . Ref: 1) MERC Tariff Order dated 20th October 2006. 2) MSEDCLs clarification / review petition dated 05.12.2006. 3) MERC Clarificatory Order dated.7th Feb.2007. 4) Government Resolution dated 04.04.2007. 5) Commercial Circular No. 47 dated 04.11.2006. 6) Letter from Development Commissioner (Industries) dated 9th April 2007. BACKGROUND:MERC vide its tariff order dated 20th October 2006 had prescribed HT I industries as continuous process and non-continuous process industries. MSEDCL vide its review /clarificatory petition dated 5th December 2006 referred the matter to the Commission, explaining the difficulties in implementing the provisions of the said order in respect of HT I category. MERC issued the clarification in this regard and authorized the Development Commissioner (Industries) or similar authorities designated by State Government to certify this. The excerpts of the MERC order are as under: QUOTE:Development Commissioner of Industries (DCI) or similar authority designated by the State Government are the appropriate forum to certify whether an Industry is a Continuous Process Industry or Non-continuous Industry. Industries needs to submit required certifications from State Industrial Development Authority to avail the tariff allocated for Continuous Process Industry. The matter was referred to the Industries Department and subsequent to this a Government Resolution was issued vide dated 4th April 2007 wherein the powers of the Development Commissioner (Industries) were delegated to the General Managers of these DICs to the extent of issuing certificates. Thus, vide this G.R. the General Managers of DIC are the Competent Authorities to decide the continuous / non-continuous nature of industries based on the general guidelines issued by the Development Commissioner (Industries). In view of the interpretation of the MERC Clarificatory Order and the Government Resolution, following guidelines are issued for implementation. 1. All the HT I category consumers will have to produce the necessary certificates of continuous or non-continuous i.e. in case the consumer wants to avail the continuous industry tariff certificate will be necessary from the Competent Authority as per earlier provisions or as per G.R. dated 04.04.2007 (i.e. G.M., DIC and above). 2. MSEDCL will be following the provisions of Circular No. 47 only for a further period of 45 days from the date of the issue of this circular (upto 15th June 2007). 3. These provisions will be followed only in respect of the billing period from 1st October 2006 to 31st March 2007 as stipulated in the tariff order. 4. After the period of 45 days in case of industries who have not submitted the continuous process industries certificate, the same will be treated as non-continuous industry and will be charged accordingly for the period from 1st October 2006 to 31st March 2007. 5. In case a certificate is submitted by a consumer from the General Manager, DIC as per the G.R. or by a Competent Authority as per earlier provisions, the same should be vetted by the S.E. by way of physical verification, if necessary, and if satisfied, the status can be confirmed to the I.T. Date : 07.05.2007

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Department. This verification is very crucial, since this will have a direct bearing on the applicable tariff. In case of any doubt or difference of opinion with regards to continuous nature of the industry, the same shall be submitted to the area E.Ds. in H.O. in the attached proforma along with observations of S.E. of the Circle Office within a period of 15 days from the date of receipt of certificate by the Circle Office. The debit / credit for disputed cases will be passed on to the consumers only after the final decision of the committee which has been constituted vide letter dated 09.04.2007 of the Development Commissioner. In case the Development Commissioner of Industries has issued any certificate with regards to continuous nature, the effect of the same shall be given immediately. In case of any credit / debit entries, the effect of the same shall be passed on to the consumer within the next billing cycle. In case of any dispute or difference of opinion between S.E. of the Circle and the certificate given by G.M., DIC or by a Competent Authority as per earlier provisions & the cases of which are referred to area E.Ds. in H.O, the debit / credit will be passed on to the consumers only, after the final decision of the committee which has been constituted vide letter dated 09.04.2007 of the Development Commissioner. It is once again informed that these provisions shall be intimated to all the HT I consumers, about the necessity of producing the certificate within a period of 45 days and in case the same is not submitted by the HT I consumer, then the industry will be treated as non-continuous process industry & the bills will be revised (if necessary only) on lines of MERC tariff order dated 20.10.2006. Chief Engineer (Commercial)

Copy s.w.rs.to: The Principal Secretary (Energy), G.O.M., Mantralaya, Mumbai. The Principal Secretary (Industries), G.O.M., Mantralaya, Mumbai. The Secretary, MERC, Mumbai. The Development Commissioner, G.O.M., Mumbai. Copy to :The All Chief Engineer, MSEDCL. The All Superintending Engineer, MSEDCL. The All Executive Engineer, MSEDCL. The All Dy. Executive Engineer, MSEDCL. The All Asstt. Engineer, MSEDCL. PROFORMA (In case of disagreement with regards to the nature of Industry as per Circular No) 1) Name of the Circle : 2) Name, address and : Consumer No. of the Industry 3) Date of connection : 4) Connected Load : 5) Contract Demand : 6) Certificate No. and the competent :
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authority who issued the Certificate. 7) Process described in the : certificate 8) Report of physical verification : (observations of the S.E. of the Circle) 9) Reasons of disagreement with : Certificate of DIC Superintending Engineer (O&M Circle),.

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