Section 15 in Punjab State Electricity Regulatory Commission (Open Access) Regulations, 2005
15. Non-utilisation of Open Access Capacity.
(1)Long-term Open access Customers :(a)A long-term Open Access customer may apply for graded profile of capacity requirement. In such case, the State Transmission Utility may consider and allot capacity in graded manner to him;(b)In case a long-term Open Access customer is unable to utilize the capacity allotted to him, he shall inform the State Transmission Utility along with reasons for his inability to utilize the capacity and may request for surrender of the capacity allotted to him by serving a notice of 30 days, after which the relevant capacity would be deemed to have been surrendered;(c)The State Transmission Utility may reduce or cancel the allotted capacity of an Open Access customer on account of utilisation after providing appropriate notice;(d)The penalty payable for such reduction or cancellation or surrendering of capacity shall be 20% of the charges payable by such customer excluding charges for dedicated system under Regulation 16(1)(b), for the capacity so surrendered/cancelled/reduced for balance period of allocation; and(e)In addition to the above, for customers who were also provided any dedicated transmission and/or distribution systems, the penalty payable for reduction or cancellation or surrendering of such dedicated capacity shall be 100% of the charges payable by such customer for the dedicated capacity so surrendered/cancelled/reduced for balance period of allocated, unless they can find alternate users for the such dedicated capacity.(2)Short-term Open Access Customers. - (a) In case a short-term Open Access customer is unable to utilize the reserved capacity to him, he shall inform the Nodal Agency with a copy to distribution licensee along with reasons for his inability to utilize the capacity and may surrender the reserved capacity;(b)The State Load Despatch Center may reduce or cancel the reserved capacity of a short-term Open Access customer on account of under-utilisation after providing appropriate notice under intimation to distribution licensee;(c)A short-term Open Access customer, whose capacity has been reduced or cancelled or surrendered, shall bear the Open Access charges and operation charges based on the original reserved capacity for a period of thirty days from the date of receipt of request or the period of reservation surrendered or reduced or cancelled, as the case may be, whichever period is shorter.(3)The State Transmission Utility shall develop the guidelines in this regard, in consultation with SLDC, within 90 days of notification of these Regulations and submit the same to the Commission for approval.
