The Bihar Electricity Regulatory Commission (BERC) has taken up a dispute between South Bihar Power Distribution Company Limited (SBPDCL), North Bihar Power Distribution Company Limited (NBPDCL), and East Central Railways (ECR) over unpaid open access transmission-related charges. The matter is being heard under Case No. 02/2023.
SBPDCL and NBPDCL have approached the Commission seeking directions for the levy and recovery of applicable open access charges from ECR. The claims include cross-subsidy surcharge, outstanding arrears, and interest associated with long-term open access granted under an earlier BERC order issued in 2022. The petition has been filed under provisions of the Electricity Act, 2003, along with the applicable provisions of the BERC Intra-State Open Access Regulations, 2018.
The proceedings were conducted before BERC Chairman Amir Subhani and Technical Member Manoj Kumar. Following directions issued during the previous hearing on September 1, 2026, both sides submitted documents and responses to questions raised by the Commission. ECR submitted its latest document on September 10, while SBPDCL and NBPDCL filed their responses on September 15.
During the hearing, counsel representing ECR requested an additional two weeks to obtain instructions from the railway authorities and prepare detailed arguments. The petitioners, however, sought immediate directions for ECR to make a time-bound interim payment against part of the disputed outstanding amount.
ECR’s counsel subsequently requested additional time to consult the railway authorities specifically on the issue of interim payment. The Commission allowed the extension but clarified that no further written submissions, filings, or rejoinders would be permitted in the case.
BERC stated that all outstanding issues would be addressed during the next hearing, with particular focus on the petitioners’ request for an interim payment from ECR.
As part of efforts to resolve the dispute, the Commission directed senior officials from the distribution companies and East Central Railways to meet on September 18, 2026, or shortly thereafter, to reconcile the disputed accounts and explore a settlement.
The next formal hearing in the matter has been scheduled for September 30, 2026, when the Commission is expected to hear arguments from both sides on the pending issues.
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