Section 12 in Central Electricity Regulatory Commission (Grant of Connectivity, Long-term Access and Medium-term Open Access in inter-State Transmission and related matters) Regulations, 2009
12. Application for long-term access.
(1)The application for grant of long-term access shall contain details such as name of the entity or entities to whom electricity is proposed to be supplied or from whom electricity is proposed to be procured along with the quantum of power and such other details as may be laid down by the Central Transmission Utility in the detailed procedure:Provided that in the case where augmentation of transmission system is required for granting open access, if the quantum of power has not been finned up in respect of the person to whom electricity is to be supplied or the source from which electricity is to be procured, the applicant shall indicate the quantum of power along with name of the region(s) in which this electricity is proposed to be interchanged using the inter-State Transmission system;Provided further that in case augmentation of transmission system is required, the applicant shall have to bear the transmission charges for the same as per these regulations, even if the source of supply or off-take is not identified;[Provided also that [except in cases involving Renewable Energy generating Station(s),] [Substituted vide Second Amendment Regulations, 2012 w.e.f. 22.03.2012.] the construction of such augmentation of the transmission system may be taken up by the CTU or the transmission licensee in phases corresponding to the capacity which is likely to be commissioned in a given time frame after ensuring that the generating company has released the advance for the main plant packages i.e. Turbine island and steam generator island or the EPC contract in case of thermal generating station and major civil work packages or the EPC contract in case of hydro generating stations for the corresponding capacity of the phase or the phases to be commissioned, subject to a minimum of 10% of the sum of such contract values.][Provided that a generating company after firming up the beneficiaries through signing of long term Power Purchase Agreement(s) shall be required to notify the same to the nodal agency along with the copy of the PPA.] [Inserted vide Second Amendment Regulations, 2012 w.e.f. 22.03.2012.]Provided also that in cases where there is any material change in location of the applicant or change by more than 100 MW [or 40%, as the case may be, as per first proviso to Regulation 8(1)] [Added by Notification No. L-1/(3)/2009-CERC, dated 9.1.2019 (w.e.f. 7.7.2009).] in the quantum of power to be interchanged using the inter-State Transmission system or change in the region from which electricity is to be procured or to which supplied, a fresh application shall be made, which shall be considered in accordance with these regulations.(1A)[ Not withstanding anything to the contrary in the Procedure, Stage-II Connectivity shall not be a pre-requisite for applying for LTA.] [Added by Notification No. L-1/(3)/2009-CERC, dated 9.1.2019 (w.e.f. 7.7.2009).](2)The applicant shall submit any other information sought by the nodal agency including the basis for assessment of power to be interchanged using the interstate Transmission system and power to be transmitted to or from various entities or regions to enable the nodal agency to plan the inter-State transmission system in a holistic manner.(3)The application shall be accompanied by a bank guarantee of Rs 10,000/-(ten thousand) per MW of the total power to be transmitted. The bank guarantee shall be in favour of the nodal agency, in the manner laid down under the detailed procedure.(4)The bank guarantee of Rs. 10,000 /-(ten thousand) per MW shall be kept valid and subsisting till the execution of the long-term access agreement, in the case when augmentation of transmission system is required, and till operationalization of long-term access when augmentation of transmission system is not required.(5)The bank guarantee may be encashed by the nodal agency, if the application is withdrawn by the applicant or the long-term access rights are relinquished prior to the operationalization of such rights when augmentation of transmission system is not required.(6)The aforesaid bank guarantee will stand discharged with the submission of bank guarantee required to be given by the applicant to the Central Transmission Utility during construction phase when augmentation of transmission system is required, in accordance with the provisions in the detailed procedure.
