Section 7 in The Central Electricity Regulatory Commission (Procedure, Terms And Conditions For Grant Of Transmission License And Other Related Matters) Regulations, 2009
7. Procedure for grant of license .-(1) The application for grant of license shall be to made the Commission in Form 1 appended to these regulations and shall be accompanied by such fee as may be prescribed by the Central Government from time to time.
(2)In case of the person selected for implementation of the project in accordance with the guidelines for competitive bidding, the application shall also contain such additional information, as may be required under these guidelines.(3)The application shall be supported by affidavit of the person acquainted with the facts stated therein.(4)Before making an application, the applicant shall serve a copy of the application on each of the long-term customers of the project and shall submit evidence to that effect alongwith the application and shall also post the complete application alongwith annexures and enclosures on its web site, the particulars of which shall be given in the application.(5)The application shall be kept on the web site till such time the license is issued or the application is rejected by the Commission.(6)Immediately on making the application, the applicant shall forward a copy of the application to the Central Transmission Utility.(7)The applicant shall, within seven days after making the application, publish a notice of its application in Form II attached to these regulations, in at least two daily newspapers, one in English language and one in vernacular language, having circulation in each State or Union territory where an element of the project or a long-term customer is situate, in the same language as of the daily newspaper in which the notice of the application is published.(8)As far as possible, within 7 days of receipt of the application the Secretariat of the Commission shall convey defects, if any, if noticed on preliminary scrutiny of the application for rectification and the defects conveyed shall be rectified by the applicant in such time as may be indicated in the letter conveying the defects.(9)In the notice published in the newspapers under clause (7) it shall be indicated that the suggestions and objections, if any, on the application, may be filed before the Secretary, Central Electricity Regulatory Commission, Third Floor, Chanderlok Building, Janpath, New Delhi-110 001 (or the address where the office of the Commission is situated), with a copy to the applicant, by any person, including the long-term customers, within 30 days of publication of the notice.(10)The applicant shall within 15 days from the date of publication of the notice as aforesaid submit to the Commission on affidavit the details of the notice published, indicating the newspapers in which the notice has been published and the date and place of their publication and shall also file before the Commission the relevant copies of the newspapers, in original, in which the notice has been published.(11)The Central Transmission Utility shall send its recommendations, if any, to the Commission on the proposal made in the application within a period of thirty days from the date of receipt of application by it:Provided that copy of the recommendations, if any, made by the Central Transmission Utility shall always be forwarded to the applicant:Provided further that the recommendations of the Central Transmission Utility shall not be binding on the Commission.(12)The applicant may file its comments, duly supported by an affidavit, on the recommendations made by the Central Transmission Utility and the suggestions and objections, if any, received in response to the public notice published by him, within 45 days of service of copy of the application on the Central Transmission Utility or publication of notices in the newspapers, with an advance copy to the Central Transmission Utility or the person who has filed the suggestions and objections on the proposal made in the application, as the case may be.(13)The Commission after considering the suggestions and objections received in response to the public notice published by the applicant and the recommendations, if any, of the Central Transmission Utility may, propose to grant the license or for reasons to be recorded in writing, reject the application.(14)Before granting a license, the Commission shall publish a notice of its proposal in such two daily newspapers, as the Commission may consider appropriate, stating the name and address of the person to whom it proposes to grant the license, details of the project for which it proposes to grant license, location or route of the elements of the project, in addition to any other details that the Commission may consider appropriate, to invite further suggestions and objections on its proposal.(15)The Commission may after consideration of the further suggestions and objections, if any, received in response to the public notice as aforesaid, grant license as nearly as practicable in Form III attached to these regulations or for reasons to be recorded in writing, reject the application if such application is not in accordance with the provisions of the Act, the rules or regulations made thereunder or any other law for the time being in force or for any other valid reason.(16)The Commission may before granting license or rejecting the application provide and opportunity of hearing to the applicant, the Central Transmission Utility, the long-term customers, or the person who has filed suggestions and objections, or any other person:Provided further that the applicant shall always be given a reasonable opportunity of being heard before rejecting the application.(17)The Commission shall within 15 days of making the order to grant the license, send a copy of the license to the Central Government, the Central Electricity Authority, the Central Transmission Utility, the applicant and the long-term customers.
