Chairman UP Power Corporation Limited, in his capacity of Chairman of five distribution companies viz PuVVNL, PaVVNL. DVVNL, MVVNL and KESCO, has submitted a petition before the Commission requesting the Commission to direct restriction on use of Air Conditioners by domestic (LMV-1), departmental employees (LMV-10) consumers during 6:00 P.M. to 10:00 P.M. and also restriction on decorative/advertising lights and neon signs on shops, water/cooking heaters/geysers and commercial establishments/factories including government owned offices during 8:00 P.M. to 6:00 A.M.. The said restriction has been sought for a period of 60 days from the date of approval however, the same may be withdrawn earlier through a public notice, if power situation improves in the State. The said restriction has been requested by the petitioner on the ground that in view of irrigation requirement of “Kharif” for which the distribution companies have to ensure a minimum of 10 hours of power supply to agriculture consumers.

It has also been proposed in the petition that if any consumer is found to have failed to comply above restriction, a penalty of Rs. 300/air conditioner would be imposed in the case of usage of air conditioner by LMV-1 & LMV-10 category. A penalty of Rs. 500 per violation has been proposed in case of decorative/ advertising lights & neon signs. The above penalties would be imposed under orders of any of the officers of the licensee above the rank of Assistant Engineer/ SDO of that area. The proposal also contain a provision for disconnection of supply for two days and three days respectively, in case of the two categories mentioned above, for first violation and disconnection for seven days for second violation.

The Commission in exercise of the powers conferred by section 23 of Electricity Act, (Act No. 36 of 2003) considered the proposal wherein the Commission is empowered to regulate supply, distribution and consumption of electricity in order to maintain efficient supply and equitable distribution of electricity. After examining the proposal, the Commission under section 23 of Electricity Act, 2003 issues following order, to be called the UPERC Electricity (Regulation of Supply, Distribution, Consumption and Use) Order – 2009(1).

Section 42(1) of Electricity Act, 2003 confers the duty on the distribution licensees to supply electricity in accordance with the provisions contained in the Act therefore, the disconnection of supply can also be done only in accordance with the provisions of Electricity Act, 2003 in this regard. It is pertinent to mention here that disconnection of supply is provided only that two places in Electricity Act, 2003 – (1) disconnection on account of non payment, as provided in section 56 of Electricity Act, 2003; (2) through an enabling provision made in Supply Code of the Commission in order to control theft in accordance with The Electricity (Removal of Difficulties) (First) order 2005. Further, disconnection may be provided through Supply Code in situation of safety concerns and issues related to tampering, distress or damage to electrical system but only after giving a notice that if the cause for disconnection is not removed within period given in the notice then disconnection will be affected. As such, the Commission cannot order disconnection on any other issue barring the aforesaid grounds.

A consumer under category 5(i) may be exempted from this restriction if he can produce documentary evidence such as Medical Certificate etc., at the time of checking, regarding any inhabitant of the house, where non-operation of Air Conditioner may exacerbate the illness of the individual. However, if such a household is having more than one Air Conditioners then the said relaxation would be limited to only one Air Conditioner.

Licensee will issue a public notice in two widely circulating newspapers bringing to public knowledge the salient features of this order.

The aforesaid order shall be applicable only for thirty days from the date of issue of public notice and the petitioner licensees shall not apply any provisions of this order beyond the given duration unless request for further extension is approved by the Commission.