(1) Every State Government shall, within six months from the appointed date, by notification, constitute for the purposes of this Act, a Commission for the State to be known as the (name of the State) Electricity Regulatory Commission:
Provided that the State Electricity Regulatory Commission, established by a State Government under section 17 of the Electricity Regulatory Commissions Act, 1998 (14 of 1998) and the State Commission established under that Act, shall be the State Commission for the purposes of this Act.
Legal Commentary & Landmark Judgments: Section 82
Section 82 of the Act provides for the constitution of State Electricity Regulatory Commissions (SERCs) in every State, establishing independent state-level regulators for intra-state power generation, transmission, and retail distribution.
In challenges to state-level power tariffs or licensee distribution licenses, invoke the exclusive jurisdiction of the State Commission under Section 82/86; civil courts possess zero jurisdiction to entertain utility tariff challenges.