Section 9 in Tamil Nadu Electricity Regulatory Commission Intra State Open Access Regulations, 2005
9. Charges for open access.
- The following charges as applicable are payable by the open access customer.(1)Transmission charge or wheeling charge: (a) Transmission charges payable to State Transmission Utility/Transmission Licensee and wheeling charges payable to Distribution Licensee, by an open access customer shall be determined by the Commission. Wheeling charges shall be determined on the basis of same principles as laid down for intra state transmission charges.(b)Where a dedicated transmission system or a distribution system used for open access has been constructed for exclusive use of an open access customer, the transmission charges or wheeling charges for such dedicated system shall be worked out by the Licensee and got approved by the Commission and shall be borne entirely by such open access customer till such time the surplus capacity is allotted and used for by other persons or purposes.(c)In case intra state transmission system or distribution system is used by an open access customer in addition to inter-state transmission system, transmission charges and wheeling charges as fixed and approved by the Commission shall be payable for use of intra-state system in addition to payment of transmission charges for inter-state transmission.(2)Surcharge: If open access facility is availed of by a subsidizing consumer of a distribution Licensee of the State or by a direct / embedded customer to supply electricity to subsidizing HT consumer of the distribution Licensee in the State, then such customer, in addition to transmission and / or wheeling charges, shall pay a surcharge worked out in the following manner:(a)The surcharge would be determined by the Commission, taking into account the tariff applicable to the relevant category of consumers and the cost of the distribution Licensee to supply electricity to the consumers of the applicable class.(b)The amount of surcharge shall be so calculated as to meet the Current level of cross subsidy from that category of consumers and shall be paid to the distribution Licensee of the area of supply from whom the consumer is availing supply.(c)The surcharge will be reduced and eliminated in the same manner as the Commission may lay down for reduction and elimination of cross subsidies in its roadmap for such reduction and elimination of cross subsidy.Note: Provided that such surcharge shall not be levied in case transmission access is provided to a person who has established a captive generation plant for carrying the electricity to the destination of his own use.(3)Additional Surcharge: (a) An open access customer, receiving supply of electricity from a person other than the distribution Licensee of his area of supply, shall pay to the distribution Licensee an additional surcharge on the charges of wheeling, in addition to wheeling charges and surcharge, to meet out the fixed cost of such distribution Licensee arising out of his obligation to supply as provided under sub-section (4) of section 42 of the Act; This additional surcharge shall become applicable only if the obligation of the Licensee in terms of power purchase commitments has been and continues to be stranded.(b)The distribution Licensee whose consumer intends to avail open access shall submit to the Commission within fifteen days of receipt of application, a detailed calculation statement of fixed cost which the Licensee is incurring towards his obligation to supply;(c)The Commission shall scrutinize the statement of calculation of fixed cost submitted by the distribution Licensee and obtain objections, if any, from the open access customer and determine the amount of additional surcharge.(d)The additional surcharge shall be levied for such period as the Commission may determine.Note: Provided that such additional surcharges shall not be levied in case transmission access is provided to a person who has established a captive generation plant for carrying the electricity to the destination of his own use.(4)Scheduling and system operation charges: (a) Tire scheduling and system operation charges payable to State Load Dispatch Center by open access customer shall be such as determined by the Commission under section 32 of the Act;(b)The scheduling and system operation charges collected by the State Load Dispatch Center in accordance with clause (1) above shall be in addition to the other fees and charges approved by the Commission under this regulations.(c)The Scheduling and system operation charges shall be payable even when the open access customer happens to be a generating company or trading Licensee, availing open access under these regulations.(5)Unscheduled interchange (UI) pricing: The Commission may, from time to time, as the occasion may require, by separate order, and in accordance with tariff policy issued under section 3 of the Act, determine the unscheduled interchange charges payable by the generators, Licensees and consumers.Provided that the actual payment of such interchange charges may be deferred by the Commission till such period which may be determined by the Commission having regard to the extent of demand for open access and the extent of involvement of private operators in power generation and distribution.(6)Reactive Energy Charges: (a) The payment for the reactive energy charges for the direct customers on account of open access shall be in accordance with the charges to be approved by the Commission from time to time. These charges shall be based on the requirements to be met by the direct customer with regard to reactive power generation / drawal, as stipulated in the State Grid Code / Distribution Code / Supply Code, as the case may be.(b)The reactive energy charges payable to or receivable by the Licensee (presently the State Electricity Board) or the State Transmission Utility shall be paid to or received from the pool by the Licensee or the State Transmission Utility concerned and shall not be apportioned to the embedded customers.(c)The reactive energy drawals and injections by the embedded customers shall be governed by these regulations applicable within the State concerned.(7)[ Grid availability Charges: (a) In cases of outages of generator supplying to a consumer on open access or when the scheduled generation is not maintained or when the drawal by the said consumer is in excess of the schedule, standby arrangements should be provided by the distribution licensee. Towards this end, the distribution licensee is entitled to collect tariff for temporary connection to that category of consumer as grid availability charges for back up supply from the grid. As and when the ABT regime is implemented in the State and the UI charges are fixed by the Commission, the grid support charge eligible to the distribution licensee shall be (a) the tariff applicable for the temporary connection to that category of consumer or (b) the applicable UI charges whichever is higher.] [[Substituted by Commission's Notification No. TNERC/lSOA/11/1-2 dated 11.10.2.008 (w.e.f. 3.8.2005) before substitution stood as under:'The application shall be accompanied by a non-refundable application registration fee of rupees five thousand payable in the manner to be decided by the STU']](b)If a generator happens to be an open access customer, partly or fully in third party sale of power and he desires to avail start up power from the Grid, the generator shall be permitted to do so at a charge to be determined by the Commission for the start up power. However if the generator who has availed open access, happens to be a Captive Power Producer / NCES Generator / Independent Power Producer (IPP) and desires to avail start up power from the Grid, the transaction shall be governed by the respective CPP / NCES policy of the Commission or as per the power purchase agreement in the case of IPP approved by the Commission.(8)Restoration Charges: Any default in payment of the various charges as specified under the sub regulations (1) to (7), within the time stipulated by the Commission will automatically result in the discontinuance of the open access to the customer. Restoration of such discontinuance shall be subject to the payment of restoration charges and other restoration conditions to be determined by the Commission separately and from time to time.
