National Electric Power Regulatory Authority (Nepra) has imposed a fine of Rs 1.0 million on Central Power Purchasing Agency (CPPA) for continuously using delaying tactics in submission of monthly Fuel Price Adjustment (FPA) data as per the specified time period. The regulator imposed a fine on CPPA just a day before a public hearing to approve a refund of Rs 2.64 per unit to consumers overcharged by Discos in December 2015.
Nepra is required to make an FPA within a period of seven days on a monthly basis and CPPA is required to submit the requisite details to hold a hearing for fuel cost adjustment. The regulator has claimed that Nepra has time and again issued several instructions to CPPA to submit the monthly information of FPA by the 3rd of every month. Despite clear instructions from the Authority, CPPA did not submit the requisite information within the prescribed time and violated the explicit directions of the Authority. Therefore, the Authority decided to initiate proceedings against CPPA by issuing an explanation under Nepra (Fines) Rules, 2002 for failure to provide the requisite information as well as non-compliance of the directions of the Authority with respect to monthly fuel price adjustments.
Nepra''s response was found to be un-satisfactory and a show-cause notice was issued as to why a penalty of up to Rs 100 million may not be imposed. The Authority after receiving response of show-cause and detailed deliberations on the issue decided to provide an opportunity of hearing to CPPA.
The submissions made by CPPA in writing as well as during the hearing were declared as unsatisfactory for the following reasons: (i) the plea of CPPA that it has always tried to meet the timelines given by the Authority is not correct. An analysis of monthly FPA data/information submitted by CPPA for the period from January 2014 to April 2015 shows that it has failed to provide the desired information within the time period stipulated by the Authority; (ii) the metering data of all common delivery points becomes available at 24:00 hours of the last day of the month to work out/prepare the fuel charges adjustment data/ information, thus any delay in compilation of the data beyond the Authority''s stipulated time frame is not justified; (iii) the target date for submission of monthly fuel price adjustment data was fixed after consultation and agreement with NTDC/CPPA. Therefore, they are bound by their commitment; and (iv) the second proviso to Section 31(4) explicitly directs that the Authority may on a monthly basis and no later than a period of seven days make adjustments in the approved tariff. Therefore, in order to comply with the statutory requirements, it is the duty of the CPPA to provide the requisite data as directed by the Authority within three days of the close of the month.
NEPRA for the first time imposed a fine of Rs one million on CPPA under rule 6 of the NEPRA (Fines) Rules 2002 after rejecting its response to a show-cause notice and providing a hearing. NEPRA declared that NTDC has deliberately violated the explicit directions of the Authority regarding submission of the fuel price adjustment data in the specified time period.
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