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Central Electricity Regulatory Commission and State Electricity Regulatory Commissions - performing mandatory functions outlined under the Electricity Act such as approving tariff and adjudicating disputes under the Act and advisory functions such as formulating National Electricity Policy and taking measures for promoting competition in the sector. Measures envisaged by this chapter include:. A similar open access regime is envisaged by the Electricity Act This schedule envisages the setting up of a Tribes Advisory Council and vests the governor of the concerned state with wide powers to safeguard the interests of the tribal population living in the scheduled areas. In addition, the model RSC and RC lay down the terms and conditions in accordance with which such operations are to be conducted, which must be complied with by foreign investors as well. Identify the principal agencies that regulate the energy sector and briefly describe their general jurisdiction. Similarly, section 40 c of the Act imposes an obligation on transmission licensees to provide access to their transmission facilities on the payment of the required charges and surcharge.

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Central Electricity Authority - responsible for advising the government on the formulation of the National Electricity Policy and for assisting in the formulation of technical and safety standards with which stakeholders in the power sector must comply. While the Coal Regulatory Authority Billwhich envisaged the setting up of such an authority has lapsed, the draft National Energy Policy envisages its setting up. Power MoP formulates the general policy in the electricity sector, deals with hydro-electric power, thermal power, administration of the Electricity Actmatters relating to Central Electricity Authority, Central Electricity Board and Central Electricity Regulatory Commission, rural electrification, power schemes, energy conservation and energy efficiency.

Please contact customerservices lexology. However, under HELP, both private and public-sector entities are to be issued a single licence for exploring conventional and non-conventional energy, which would potentially include fracking. Under the Water and Air Act, the Central and State Pollution Control Boards are pngr empowered to issue directions for carrying into effect the provisions of these acts.

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Finally, up to 49 per cent FDI under the automatic route is permitted for petroleum pngb activities by public sector undertakings. If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries lexology. According to Regulation 74 of these Regulations, certain precautions must be observed while conducting fracturing operations, such as:.

Relevant agencies Pnggrb the principal agencies that regulate the energy sector and briefly describe their general jurisdiction.

PNGRB - Petroleum and Natural Gas Regulatory Board

One hundred per cent FDI is allowed under the automatic route for exploration activities in oil and gas fields, infrastructure associated with marketing of petroleum products and natural gas, natural gas pipelines, LNG regasification infrastructure, refinement of petroleum products, etc. Measures envisaged by this chapter include:. Section 38 2 d and section 39 2 d of the Act impose a duty on acct Central Transmission Utility and the State Transmission Utility respectively to provide non-discriminatory access to their transmission facilities to licensees pmgrb generating companies by imposing the necessary transmission charges and the prescribed surcharge in accordance with the provisions mandating open access.

The setting up of a Coal Regulatory Authority has been in active contemplation for a few years. Pnngrb IPC punishes those engaging in rash or negligent conduct resulting in the causation of death with imprisonment for a period that may extend up to two years, or a fine, or both.

Energy disputes regulation in India

As per section 27 of the Petroleum Actin case of commission of an accident or explosion, the operator is liable to inform the nearest magistrate about the same in an expeditious time frame. As regards legal and regulatory barriers in oil and gas exploration, foreign investors, like Indian investors, have to comply with financial and technical criteria for engaging in competitive bidding under HELP.

Companies in the energy sector face potential liability under environmental laws dealing with environmental, water and air protection and under the IPC. Further, on 14 Augustthe Ministry of Labour of the government of India issued Oil Mine Regulationswhich define fracturing as: What is the mechanism for judicial review of decisions relating to the sector taken by administrative agencies and other public bodies? In such a case, any person who is directly in charge of or responsible for the affairs of a company or with whose consent or connivance an offence is committed is to be held liable under these acts.

Similarly, section 2 M empowers the PNGRB to declare a pipeline for transporting petroleum, petroleum products or natural gas a contract carrier that empowers multiple entities to access the aforementioned facilities in accordance with a firm contract.

Similarly, under the Water Prevention and Control of Pollution Act and Air Prevention and Control of Pollution Actdifferent penalties have been prescribed for the contravention of different provisions of these acts. Under the sixth schedule, the formation of autonomous districts and regions in the states of Assam, Meghalaya, Tripura and Mizoram for the effective protection of the tribal population residing in these states has been envisaged.

If so, may the regulator intervene to facilitate access? Are non-judicial procedures to challenge the decisions of the energy regulator available? In addition, under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Acta separate chapter has been created for the protection of the interests of scheduled tribes in the process of land acquisition.

This schedule envisages the setting up of a Tribes Advisory Council and vests the governor of the concerned state with wide powers to safeguard the interests of the tribal population living in the scheduled areas.

Judicial review What is the mechanism for judicial review of decisions relating to the sector taken by administrative agencies and other public bodies? Further, the terms and conditions subject to which environmental clearance for setting up any project is granted must also be complied with. India March 12 The principle of open access, in accordance with which a party is empowered to use the transmission or distribution acf developed by others on the payment of the required charges, has been explicitly recognised in many laws in the energy sector.

Under the Environment Protection Actwhich lays down the standards for environmental safety that must be complied with, any contravention of the provisions of the act gives rise to imprisonment for a term which may extend up to five years or a fine up torupees. MNRE - research, design, manufacture and development of ac devices, conduct survey, assessment, mapping, identify areas that need renewable energy products, deploy strategies for these new products and provide cost-competitive new and renewable energy supply options.

Fracking What is the legal and regulatory position on hydraulic fracturing in your jurisdiction?