West Bengal Electricity Regulatory Commission is a statutory body set up under the provisions of the Electricity Regulatory Commission Act, 1998 (14 of 1998). The present Commission functioning under the provisions of the Electricity Act, 2003 is the same Commission constituted under the Electricity Regulatory Commission Act, 1998 with powers and functions clearly defined in the statute. 

In terms of the first proviso to sub-section (1) of section 82 of the Electricity Act, 2003 (36 of 2003),since enacted by the Parliament of India repealing the Electricity Regulatory Commission Act,1998 (14 of 1998), West Bengal Electricity Regulatory Commission, already established under section 17 of the Electricity Regulatory Commission Act, 1998 (14 of 1998) and functioning as such immediately before the appointed date, shall be the State Commission for the purpose of this Electricity Act, 2003 (36 of 2003). In terms of the Ministry of Power, Government of India Notification No. SO 669(E) dated 10.06.2003, 10th June 2003 is the appointed date.

In terms of sub-section (2) of section 82 of the Electricity Act, 2003 (36 of 2003), West Bengal Electricity Regulatory Commission (a Commission for the State for the purpose of the said Act) is a body corporate by the name aforesaid, having perpetual succession and a common seal.

In terms of sub-section (3) of section 82 of the said Act, Government of West Bengal, Department of Power, vide Notification No 317 Power/III dated 25.11.2003, declared that the Head Office of West Bengal Electricity Regulatory Commission shall be at Bidhannagar in the district of North 24 Paraganas.

In terms of sub-section (4) of section 82 of the said Act, the State Commission consists of three Members including the Chairperson.