Is the cross-subsidy surcharge on open access capped at 20% of the average cost of supply?
Yes. Rule 13 of the Electricity Rules, 2005, added by the Electricity (Amendment) Rules, 2022 on 29 December 2022, says the surcharge a state commission fixes for consumers seeking open access shall not exceed 20% of the average cost of supply. Your state tariff order applies it.
The rule
Rule 13, Surcharge payable by consumers seeking open access: the surcharge determined by the State Commission under section 86(1)(a) of the Electricity Act, 2003 shall not exceed twenty per cent of the average cost of supply.
How it interacts with the green rules
- Under the Green Energy Open Access Rules, 2022, the cross-subsidy surcharge for a green open access consumer may not rise by more than 50% over the level fixed for the year open access is granted, for twelve years from the renewable plant's commissioning.
- No cross-subsidy surcharge or additional surcharge applies when green power is used to make green hydrogen or green ammonia, or when it comes from a non-fossil waste-to-energy plant.
- Captive users who pass the captive tests do not pay the cross-subsidy surcharge.
Checking your bill or offer
Find the average cost of supply in your commission's latest tariff order and multiply by 0.20. If the cross-subsidy surcharge in your open access invoice or offer is higher, ask the discom which order it is applying.
Worked example: checking the cap (illustrative figures)
- Average cost of supply in the tariff order: ₹7.20 per kWh
- Cap: 0.20 x 7.20 = ₹1.44 per kWh
- A cross-subsidy surcharge of ₹1.80 per kWh in an offer would be above the cap; ask which order it comes from
What Senseible does here
Senseible keeps open access charges in the bill record but calculates emissions only from units, so surcharges change your cost analysis, not your Scope 2.
- Green open access charges, line by line
- Green tariff limit set by the Power Ministry
- What if a captive plant fails the 51% test?
Sources: Electricity (Amendment) Rules, 2022, G.S.R. 911(E), 29 December 2022, inserting rules 13 to 19 in the Electricity Rules, 2005, Electricity (Promoting Renewable Energy Through Green Energy Open Access) Rules, 2022, G.S.R. 418(E), 6 June 2022, Electricity (Promoting Renewable Energy Through Green Energy Open Access) Amendment Rules, 2023, G.S.R. 59(E), 27 January 2023
Last reviewed 2026-10-23. Rule 13 of the Electricity Rules, 2005, inserted 29 December 2022 (checked 23 October 2026).