A Case for the Electric Mass Hearing That’s the Best of Both Worlds

‘Flexibility of partnership is an advantage’ | Photo credit: Getty Images/iStockphoto

The scale of operation of electricity distribution companies is evident from the fact that their annual revenue requirement is 20% of the Union budget. It is natural that the planning and operation decisions of the power sector have a significant impact on the public.

Given such an impact, it is important that the voice of citizens is appropriately included in power sector decisions. Public hearings organized by Electricity Regulatory Commissions (ERCs) provide a platform for this. However, restrictions due to the COVID-19 pandemic took away this option, until online hearings were held.

Now that the COVID-19 restrictions are behind us, is it best to go back to the old in-person mode? Or should we switch to the new online mode? The Central ERC recently issued a public notice announcing that hearings would resume through in-person mode. The ERCs in Tamil Nadu and Telangana have also reverted to in-person hearings. However, several state ERCs, including Rajasthan and Uttar Pradesh, recently conducted public hearings entirely online.

It should come as no surprise that both of these extremes have their pros and cons with respect to citizen participation in public hearings. We feel that a hybrid mode, which facilitates in-person as well as online participation, would be best suited to ensure quality public participation.

In person versus online hearing

The most important and popular public hearings organized by the ERC are related to tariff revision. When these hearings are held in person, they do more than just provide a platform for citizens to express their views before the ERC. They facilitate meaningful interactions and cross-learning between different sector actors, help build consumer networks and enable collective action. Given the participatory nature of such deliberations, the face-to-face process paves the way for consensus building and also provides enhanced credibility for taking decisions on complex matters. Such public engagement has aided understanding on issues such as under-reporting of distribution losses by exaggerating agricultural consumption and the need for scrutiny in power purchase contracts.

Apart from cost savings, consumer concerns with quality of supply are also discussed and corrective measures developed. In view of this, several State ERCs, including Maharashtra and Andhra Pradesh, have tried to increase outreach and diversify participation by conducting tariff revision public hearings at various locations.

Steps like making local language summary of tariff petition and consumer advocate services available to public in states like Andhra Pradesh and Odisha have also been taken for better connectivity. Despite all of these measures, issues such as distance, logistics of transportation or lack of financial support may inhibit participation in public hearings.

Online hearing was the only option during the COVID-19 pandemic. Courts and quasi-judicial bodies across the country, including in the power sector, have opted for such hearings. These hearings proved to be a welcome step, as they bypassed issues of transportation and logistics, enabling widespread attendance from far-flung locations, and allowed for quick convening and multiple sittings, which could aid the consultation process. Was. However, conducting an online hearing is not without its challenges. Technological access and information is not uniform across the country, making it difficult for some to participate. The ERC also has more control over the platform in online hearings.

To enable seamless participation, ERC has taken measures such as providing step-by-step guidelines and orientation sessions. In Maharashtra and Andhra Pradesh, the ERC has set up facilitation centers in the states for public participation. These ERCs also provide a live-streaming facility, which has helped improve access, visibility and transparency. During the last two years, significant infrastructure and experience has been built up for online hearing by institutions and individuals. But despite this, barriers to participation remain and there is room for improvement in the way online hearings are conducted. Issues such as poor internet connections, technical glitches and the use of complex platforms and applications by ERCs hinder participation.

best option

The public hearing is a major forum for social action, and participants speak not only to the ERC but also to each other and to the public. In addition to improving access to these public proceedings, enabling such discourse and community building and ensuring transparency and accountability in governance are essential steps.

Reverting to the pre-pandemic practice of only in-person hearings eliminates a convenient opportunity for consumer engagement, and stifles the meaningful conversations that are possible in in-person platforms. However, public participation will be strengthened with the provision of online mode in addition to in-person hearings. This has been recognized by other institutions such as the National Green Tribunal, which provides e-hearing facility in addition to in-person hearings.

Public hearings are conducted in hybrid mode, wherein the choice of mode is left to the citizens, which is most suitable for improving access. When in-person and online options operate together, they fill access gaps, provide citizens with the flexibility of participation, and provide a strong opportunity for public participation.

Maria Chirayil and Sreekumar Nalur are with Prayas (Energy Group), Pune