Tuesday, July 15, 2025

Electricity Regulatory Commission & Their Powers under Electricity Act, 2003

Electricity Regulatory Commission & Their Powers under Electricity Act, 2003

It has been held that "Sections 18 and 19 respectively of the Electricity Act, 2003 empower the ERCs to amend/alter the terms of any license (Distribution, Transmission or Trading) issued by them or to revoke such license in public interest. Consequently, under S. 20(1), an ERC may direct the sale of a utility, in the public interest. S. 61 of the Act, 2003 also requires ERCs to consider commercial principles in matters of tariff and therefore ERCs are expected to undertake a balancing act between commercial prudence and consumer interest." - Torrent Power Ltd v. UP Electricity Regulatory Commission [2025] GCtR 1335 (SC)

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