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APTEL Quashes Rajasthan’s Additional Surcharge on Open Access Consumers

The Appellate Tribunal for Electricity (APTEL) has overturned the Rajasthan Electricity Regulatory Commission’s (RERC) 2016 order that imposed an additional surcharge of Rs0.80/kWh on open access consumers.

The ruling came after five appeals filed by major industrial players, including Lord Chloro Alkali, Ambuja Cement, and JK Cement Works, who argued that the surcharge was based on faulty assumptions and uncertified data provided by state DISCOMs. APTEL held that RERC had failed to prove that stranded capacity was caused solely by open access consumers, noting that DISCOMs themselves admitted that power was being backed down mainly due to cheaper short-term purchases.

The tribunal clarified that additional surcharges cannot be levied automatically and must be supported by clear evidence. Consequently, the matter has been remanded to RERC for fresh adjudication with proper verification of data.