Section 12(12) in The Maharashtra Electricity Regulatory Commission (Distribution Open Access) Regulations, 2014
12.1Supply of electricity involving the Distribution System :The procedure specified herein below shall apply to Short-term Open Access when the point of injection and/or the point of drawal are located in the same distribution system.12.2.1. Open Access in Advance :(i)Application may be submitted to the Distribution Licensee seeking short-term Open Access up to the fourth month, considering the month in which an application is made being the first month.(ii)Separate application shall be made for each month and for each transaction in a month.(iii)The application to the Distribution Licensee shall be on the prescribed form given in Annexure - III [format ST-1] containing such details as capacity needed, generation planned or power purchase contracted, point of injection, point of drawal, duration of availing Open Access, peak load, average load and such other additional information as may be required by the Distribution Licensee. The application shall be accompanied by a non-refundable application fee in cash or by demand draft in favour of the officer so notified by Distribution Licensee.(iv)An application for grant of Open Access commencing in any month may be submitted in a cover marked "Application for Short-Term Open Access - in advance" up to 10th day of the preceding month.For example, application for grant of Open Access commencing in the month of July shall be received up to 10th day of June.(v)Distribution Licensee shall acknowledge receipt of the application by indicating time and date on "Acknowledgement" to the applicant.(vi)Based on the type of transactions the Distribution Licensee shall take a decision on the applications for short-term Open Access in the manner provided herein below.(vii)All applications received under sub-sub-clause (iv) above shall be taken up for consideration together and processed as per allotment priority criteria specified under Regulation 14 of these Regulations.(viii)Distribution Licensee shall check the transaction for congestion in the distribution system.(ix)Distribution Licensee shall convey grant of Open Access or otherwise as per prescribed form in Annexure III [FORMAT-ST2] along with schedule of payments to the consumer latest by 19th day of such preceding month.(x)Distribution Licensee shall assign specific reasons if Open Access is denied under sub-sub-clause (ix).Provided that no application shall be rejected without reasons which shall be recorded in writing by the Distribution Licensee.12.2.2. Day-Ahead Open Access :Day-ahead Open Access of Distribution system shall be permitted, in case there is availability of surplus capacity in the Distribution Licensee's system, which has been expressly surrendered wholly or partly, or not in use for more than three days in past(i)An application for grant of day ahead Open Access may be received by Distribution Licensee within two (2) days prior to the date of scheduling but not later than 10:00 Hours of the day immediately preceding the day of scheduling for day-ahead transaction.For example, application for day-ahead transaction on 25th day of July shall be received on 23rd day or up to 10:00 hours on 24th day of that month.(ii)Distribution Licensee shall check for congestion and convey grant of approval or otherwise in the same format of Annexure III [FORMAT-ST2] as provided in sub-sub-clause (ix) of Regulation 12.2.1 above. All other provisions of application for short-term Open Access shall apply.12.2.3. Bidding Procedure(i)If the capacity sought by the consumers for Open Access in Advance for the following month is more than the available capacity or SLDC perceives congestion of any element of transmission and distribution system involved in the transaction, the allocation shall be made through electronic bidding procedure.(ii)The decision of SLDC in respect of an expected congestion shall be final and binding.(iii)SLDC shall convey information of congestion and decision for invitation of bidding indicating floor price on format of Annexure III [FORMAT-ST3], as provided at Annexure III, to the applicants.(iv)SLDC shall also display bidding information on its website.(v)The floor price of transmission and wheeling charges determined on the basis of relevant order of the Commission shall be indicated in Annexure III [FORMAT-ST3].(vi)The Bids shall be accepted on format [FORMAT-ST4], as provided at Annexure III, up to the "bid closing time" as indicated in bidding invitation as provided at Annexure III [FORMAT-ST3]. Modification/amendment to a bid, once submitted shall not be entertained.(vii)If any consumer does not participate in bidding process, his application shall be deemed to have been withdrawn and shall not be processed.(viii)SLDC shall not entertain any request for extension of time/date for submission of bids.(ix)The bidders shall quote price (rounded-off to whole number) in denomination in which floor price has been determined.(x)The quoted price shall be arranged in descending order and allocation of available capacities shall be accorded in such descending order until the available capacity is exhausted.(xi)In case of equal price quoted by two or more consumers, the allocation from the residual available capacity at any stage under sub-sub-clause (x) above shall be made in proportion to capacity being sought by such consumers.(xii)All consumers, in favour of whom full capacities have been allotted, shall pay the highest price obtained from bids.(xiii)The consumers, who are allotted less capacity, shall pay the price as quoted by them.(xiv)SLDC shall reject bid which are incomplete, vague in any manner or not found in conformity with bidding procedure.(xv)The successful bidder, in favour of whom the capacities have been allocated, shall pay transmission charges, wheeling charges, as the case may be, determined by bidding under sub-sub clause (xii) or (xiii) of this clause.12.2.4. The reserved capacity by a short-term Open Access consumer is not transferable to others12.2.5. The capacity available as a result of surrender or reduction or cancellation of the reserved capacity by the SLDC, may be reserved for any other short-term Open Access consumer in accordance with these Regulations:Provided that as a result of surrender or reduction or cancellation by any consumer, in case the congestion does not persist in the said distribution line, the SLDC shall convey the status to the Distribution Licensee. The Distribution Licensee on receipt of congestion-free status from the SLDC shall then offer the distribution line for Open Access under provision of Regulation 12 above.12.2.6. On expiry of the period of the short-term Open Access, the short-term consumer shall not be entitled to any overriding preference for renewal of the term.
