BERC Continues Hearing On Open Access Charge Dispute Between Bihar Utilities And East Central Railway

The Bihar Electricity Regulatory Commission (BERC) has continued proceedings in Case No. 02/2023 involving a dispute between South Bihar Power Distribution Company Ltd. (SBPDCL), North Bihar Power Distribution Company Ltd. (NBPDCL), and East Central Railway (ECR). The hearing was conducted at the Commission’s office in Patna as a continuation of the earlier order issued on June 17, 2026.

The case was filed by SBPDCL and NBPDCL seeking directions against East Central Railway for payment of applicable open access charges, including cross-subsidy surcharge, along with pending arrears and interest. The distribution companies have argued that ECR, while functioning as a deemed distribution licensee and availing long-term open access, is liable to pay the applicable charges under the regulatory framework.

The proceedings were conducted before BERC Chairman Amir Subhani and Member P.S. Yadav. During the hearing, the newly appointed legal counsel representing East Central Railway submitted the required Vakalatnama before the Commission. The counsel requested additional time to study the complete facts, documents, and records related to the matter.

Considering the request, BERC allowed an extension to the respondent to properly examine the case details before presenting its submissions. The Commission noted that adequate opportunity should be provided to both parties to review the relevant material and participate effectively in the proceedings.

During the hearing, BERC also reiterated the legal scope for examining the dispute. The Commission clarified that it would consider only those issues that fall within the limits of judicial review and are consistent with the directions contained in paragraph 72 of the Supreme Court judgment dated May 8, 2026.

The regulatory body further stated that such issues would only be examined if any party files a separate Interlocutory Application or petition clearly identifying the specific matters requiring consideration.

The Commission also took note of the Interlocutory Application filed by SBPDCL and NBPDCL on June 17, 2026. The application has already been placed on record, and BERC directed East Central Railway to submit its response within four weeks from the date of the order. A copy of the response must also be shared directly with the petitioners.

To provide sufficient time for both parties to complete their legal submissions, BERC has scheduled the next hearing in the matter for September 1, 2026, at 11:30 AM. The outcome of the proceedings will determine the applicability of open access-related charges and financial obligations claimed by the Bihar power distribution companies from East Central Railway.