# Is the cross-subsidy surcharge on open access capped at 20% of the average cost of supply?

Canonical: https://senseible.earth/answers/open-access-cross-subsidy-surcharge-20-percent-cap

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](https://senseible.earth/answers/green-open-access-charges-india)
- [Green tariff limit set by the Power Ministry](https://senseible.earth/answers/green-tariff-maximum-ministry-of-power-cap)
- [What if a captive plant fails the 51% test?](https://senseible.earth/answers/captive-plant-fails-51-percent-test-what-happens)

Sources: [Electricity (Amendment) Rules, 2022, G.S.R. 911(E), 29 December 2022, inserting rules 13 to 19 in the Electricity Rules, 2005](https://mnre.gov.in/static/uploads/2025/07/4f904dacb1210dcbd4cabb75b8cf016f.pdf), [Electricity (Promoting Renewable Energy Through Green Energy Open Access) Rules, 2022, G.S.R. 418(E), 6 June 2022](https://mnre.gov.in/static/uploads/2025/07/917a6ca2a9ea54d72be3495401811f71.pdf), [Electricity (Promoting Renewable Energy Through Green Energy Open Access) Amendment Rules, 2023, G.S.R. 59(E), 27 January 2023](https://mnre.gov.in/static/uploads/2025/07/315adf1da9034fbb1cc8acfb6dd7387a.pdf)

Last reviewed 2026-10-23. Rule 13 of the Electricity Rules, 2005, inserted 29 December 2022 (checked 23 October 2026).