The West Bengal Electricity Regulatory Commission (WBERC) has released the Draft WBERC (Terms and Conditions of Tariff) Regulations, 2025 and invited comments, suggestions, and objections from all stakeholders. The draft marks a significant regulatory update, replacing the earlier tariff regulations notified in April 2011 along with all subsequent amendments.
The draft regulations, published through a public notice dated 13 November 2025, are available on the Commission’s official website. Stakeholders may submit written feedback to the WBERC office in New Town, Kolkata, by 12 December 2025 (3 PM).
Key Highlights of the Draft Regulations
1. Applicability and Effective Date
- The proposed regulations will apply throughout West Bengal.
- They will be effective from 1 April 2026 onward.
- The rules cover:
- Generating Companies
- Transmission Licensees
- Distribution Licensees
- The regulations will govern ARR determination, tariff setting, mid-term review, truing-up and related processes.
Additionally, the regulations will apply to generating companies that source coal or lignite from integrated mines allocated for their end-use stations, where tariff is determined under Section 62 of the Electricity Act.
2. Cases Not Covered
The regulations will not apply to:
- Generating stations whose tariffs are discovered via competitive bidding under Section 63.
- Renewable and cogeneration projects covered under:
- WBERC Regulations, 2013
- Or any future replacement regulations.
3. Transitional Provision
- Matters relating to Annual Performance Review or any review up to 31 March 2026 will continue under the existing WBERC Tariff Regulations.
4. Regulatory Scope and Tariff Determination
The Commission will determine Aggregate Revenue Requirement (ARR) and tariff for various electricity operations within the state, including:
i. Supply from Generating Companies (Section 62)
- Tariff determination for supply from generators to distribution licensees.
- In case of electricity shortages, WBERC may fix minimum and maximum tariff ceilings for agreements up to one year.
ii. Intra-State Transmission Charges
- Tariff determination for the intra-state transmission system.
iii. Use of Intervening Transmission Facilities
- WBERC will set charges where licensees cannot mutually agree.
iv. Wheeling Charges
- Wheeling charges within the state under Section 62.
v. Retail Electricity Tariff
- Retail tariff for sale of electricity to consumers.
- In areas with multiple distributors, WBERC may fix maximum ceiling tariffs to promote competition.
Open Access Provisions
- For consumers permitted open access under Section 42:
- WBERC will only determine wheeling charges and surcharges.
- No retail tariff will be set for the portion of supply through open access.
vi. Inter-State Transactions
- For inter-state supply or transmission involving two states, where the purchasing licensee falls under its jurisdiction, WBERC will determine tariff under Section 64(5).
5. Adoption of Competitive Bidding Tariffs
- The Commission will adopt tariffs discovered through transparent competitive bidding in line with central government guidelines, as per Section 63 of the Electricity Act.
6. Restrictions on Loss Recovery
- Any losses incurred from power sales outside the scope of tariff determination under these regulations cannot be recovered through ARR or truing-up.
7. Procurement Regulation
- While WBERC will not re-determine tariffs already set by CERC or adopted under Section 63, it will:
- Review whether a distribution licensee should enter a PPA.
- Regulate power procurement processes.
- Decide on procurement quantum where necessary.
Submission Details
Stakeholders can send their comments to:
West Bengal Electricity Regulatory Commission
Plot AH/5 (2nd & 4th Floor), Premises MAR 16-1111
Action Area–1A, New Town, Kolkata – 700163
Email: wberc99@gmail.com, cp-wberc@gov.in
Deadline: 12 December 2025 (3 PM)