All posts vacant, TNERC becomes completely defunct for the first time

CHENNAI: For the first time since its constitution 27 years ago, the Tamil Nadu Electricity Regulatory Commission (TNERC) has become completely defunct, with all three statutory posts of chairperson, member and member (Legal) lying vacant following the resignation of Chairman R Manivannan.

The Energy Department on Wednesday (June 24) issued the government order accepting Manivannan's resignation from the post of TNERC Chairman. Appointed under Section 82(5) of the Electricity Act, 2003, through a government order dated January 8, 2025, Manivannan assumed office on January 9, 2025. He submitted his resignation on June 19, which the State government accepted on June 24.

Manivannan’s exit marks the first instance since the Commission's formation on March 17, 1999, that all three statutory positions have simultaneously fallen vacant, leaving the regulator without any office-bearers.

The vacancies emerged in stages. Member (Legal) B Mohan demitted office on March 9, while the other member, K Venkatesan, completed his tenure on June 1. From June 2, Manivannan remained the lone office-holder, leaving the commission without the minimum quorum of two members required to transact business. With his resignation taking effect on June 24, the commission has remained without a chairperson or members since June 25.

An analysis of the commission's composition shows that it had faced several periods in the past when it lacked the mandatory quorum. Between July 16, 2013 and January 8, 2014, only member S Nagalsamy remained in office after K Venugopal retired. Again, between June 9 and July 1, 2019, member T Prabhakara Rao was the sole office-holder after then chairman S Akshayakumar completed his tenure. A similar situation arose between May 6 and July 17, 2022, when chairman M Chandrasekar functioned without a second member following the retirement of member (Legal) K Venkatasamy.

Despite these instances, the commission had at least one serving office-holder at all times unlike the present situation.

Constituted on March 17, 1999 and continuing under the provisions of the Electricity Act, 2003, TNERC is the statutory regulator responsible for determining electricity tariffs, approving power procurement and transmission charges, framing regulations for the power sector, adjudicating disputes involving utilities and safeguarding consumer interests.

Fresh appointments by the State government will be necessary before the commission can resume its statutory functions.

Tamil Nadu Spinning Mills Association (TASMA) chief advisor K Venkatachalam said that to fill up the vacant posts, the state government has to constitute a three-member selection committee headed by a retired high court judge, comprising the chief secretary and Central Electricity Authority chairperson as members. “It will take at least two to three months to complete. But we suggest appointing a sitting high court judge or retired judge with approval of the chief justice of the Madras High Court. It will be done within a week,” he said.