SC allows CERC to open and clear pending cases, restricts some functions

The country's apex electricity regulator was under suspension since August 2020 when the power ministry failed to appoint a mandatory member (Law) in CERC's quorum

The Supreme Court on Wednesday allowed the Central Electricity Regulatory Commission (CERC) to resume operations, but restricted some of its functions. After a hiatus of close to six months, the regulator can now resume its administrative duties and clear cases where orders are pending.

The country’s apex electricity regulator was under suspension since August 2020 when the ministry of power failed to appoint a mandatory member (Law) in CERC’s quorum. The matter pertains to a Supreme Court order in April 2018 when it directed all state electricity commissions to appoint a member from the field of law with qualifications of a high court or district judge.

The apex court directed the two other members to go on leave till a legal member is appointed, thereby suspending functioning of the CERC. The regulator has a chairman, and two other members are needed to complete the quorum for conducting hearings.

 

In December 2020, the Appointment Committee of Cabinet approved appointment of P K Singh as Member (Law) at CERC. He was with the Jharkhand ERC. Singh is yet to take charge in CERC. The adjudicatory work of the CERC will resume after Singh takes charge.

According to the data available at the website of CERC, there are 1,000 cases pending with the Regulator. Out of this, in 173 cases the Order has been reserved by the CERC and but not pronounced yet. There are 450 fresh applications which are pending for hearing at the CERC.