Sri Lanka Electricity Act 2024 · As enacted · Part VIII · Tariffs
29. Tariffs
Official English translation. The Sinhala text prevails.
Official translationFrom Department of Government Printing, unchanged
The national tariff policy shall include the principles to be adopted by the Regulator in setting the tariffs specified in subsection (3) and shall be submitted to the Cabinet of Ministers for approval.
In setting the tariffs, the Regulator shall ensure financial sustainability including a reasonable return on the investment of the regulated entities.
The following shall be the tariffs required to be set, as shall be prescribed by the Regulator in accordance with the national tariff policy:-
the feed in tariff, determined and updated every six months, to be included in standard power purchase agreements payable to generators supplying electricity to the National System
Operator in accordance with subsection (3) of section 11;
the power purchase tariff from the new generation licensees, procured in accordance with subsection (1) of section 11;
the power purchase tariff from the generation licensees issued to Ceylon Electricity Board’s successor companies and which shall include the debt service cost of the portion of the Ceylon
Electricity Board’s debt allocated to such successor companies as provided for in paragraph (b) of subsection (3) of section 18;
the bulk sale tariff of the National System
Operator to the distribution licensees;
the transmission tariff and open access charges payable to transmission and distribution licensees;
the end user consumer tariff consisting of distribution tariff and supply tariff for consumers connected to the distribution network and applicable supply tariff for consumers connected to the transmission network; and
the allowed revenue to be recovered by transmission and distribution licensees.
The provisions of this section shall apply to “tariffs”
and “other charges” to be levied by the National System
Operator -
for procuring of electricity in bulk form from the generation licensees including when so required, the import of electricity from the generators or suppliers of the regional market (hereinafter referred to as the “bulk purchase tariff”);
for the sale of electricity in bulk form to the distribution licensees or to any consumers or traders or customers in the export market
(hereinafter referred to as the “bulk sale tariff”):
Provided that, with the establishment of the Wholesale
Electricity Market in the manner provided for in terms of
Part IX and its implementation from such date as shall be determined by Order published in the Gazette in terms of section 1, the tariffs specified in paragraphs (a) and (b) of this subsection shall cease to be operative in a phased manner.
All tariffs shall be set in accordance with a cost reflective mechanism in accordance with the national tariff policy permitting the relevant licensees to recover the eligible reasonable costs, including reasonable return on investments allowed under the national tariff policy.
The end user consumer tariff levied by a distribution licensee for the distribution and supply of electricity or distribution or supply of electricity (hereinafter referred to as the “distribution and supply tariffs”) shall consist of-
the distribution tariff set by the Regulator, based on the national tariff policy upon consideration of the reasonable cost of maintaining and operating the distribution network including consumer services; and
the supply tariff set by the Regulator to recover the cost of the bulk purchase tariff and transmission tariff paid by the distribution licensees:
Provided that, with the establishment of the Wholesale
Electricity Market in terms of Part IX and its operation in terms of section 1, the supply tariff shall be determined on the basis of the power procurement cost of the distribution licensees from the market.
For the avoidance of doubt, it is stated that –
the end user consumer tariffs levied by the distribution liecensees shall consist of two distinct tariffs namely, the “electricity distribution tariff”
and the “supply tariff”;
with the implementation of open access at a future date, the supply tariff shall cease to be applicable to consumers opting for open access, as open access charges shall be determined on the basis of commercial agreements between the generation licensees and the eligible traders or customers opting for open access:
Provided that, the distribution licensee shall be entitled to levy the distribution tariff from such consumers availing of open access as part of the open access charges.
The open access charges to be levied by transmission and distribution licensees shall be set by the Regulator in terms of the relevant provisions of the national tariff policy applicable to the determination of open access charges.
The bulk purchase tariff, bulk sale tariff, transmission tariff, open access charges, and the distribution tariff and the supply tariff, as the case may be, shall be determined by the
Regulator based on tariff filings made by the licensees as shall be prescribed in accordance with the national tariff policy and shall–
allow the relevant licensee to recover all reasonable costs incurred including the reasonable return on investment in the carrying out of all activities authorised by the licence granted to such licensee on an efficient basis; and
be published in such manner as may be determined by the Regulator ensuring wide public awareness.
The licences of the National System Operator, the
National Transmission Network Service Provider, or a distribution licensee, as the case may be, shall include provisions for bulk purchase tariff or for bulk sale tariff and other charges or for transmission tariff and other charges or for open access charges and other charges, and for distribution tariff and supply tariff and other charges, as the case may be. All such tariffs shall be subject to review by the
Regulator in the manner as shall be prescribed and which also provide for –
the annual timetable for the review of transmission tariff and distribution tariffs, open access charges and other charges;
a quarterly timetable for the review of bulk sale tariff, bulk purchase tariff and supply tariff; and
the manner in which consumers and other interested parties could participate in the procedure for purposes of review.
notwithstanding any other provision of this Act, the
Regulator may -
upon being satisfied of the adequacy of funds being provided by the Government to bear the cost of any subsidy to distribution companies approved by the Government to subsidize certain consumers; and
considering any cross subsidy recoverable from such categories of consumers in terms of the national tariff policy, set tariffs and charges to be levied by the relevant licensees, which reflect such subsidies.
Part IX
Wholesale Electricity Market
Part X
Consumer Protection
Part XI
Finance
Part XII
Miscellaneous
Part XIII
General
Part XIV