Section 18 in The Maharashtra Electricity Regulatory Commission (Distribution Open Access) Regulations, 2014
18. Additional Surcharge.
- 18.1 An Open Access consumer, 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 and cross-subsidy surcharge, to meet 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.18.2This additional surcharge shall become applicable only when due to the Open Access being granted or having been granted, the obligation of the Distribution Licensee in terms of power purchase commitments has been and continues to be stranded or there is an unavoidable obligation and incidence to bear fixed costs consequent to such a contract.18.3The Distribution Licensee shall submit to the Commission a detailed calculation statement of fixed cost which the Distribution Licensee is incurring towards his obligation to supply along with its Tariff Petition and also shall submit its separate petition for truing up of on yearly basis based on actual expenses incurred vis-a-vis those approved by the Commission, for the prudence check and approval of the Commission.18.4The Commission shall determine category wise additional surcharge to be recovered by Distribution Licensee from Open Access consumers, based on the following principles :(i)The cost must have been incurred by the Distribution Licensee or is expected, with reasonable certainty, to be incurred on account of such consumer; and(ii)The cost has not been or cannot be recovered from the consumer, or from other consumers who have been given supply from the same assets or facilities, or from other Consumers, either through wheeling charges, standby charges or such other charges as may be approved by the Commission in exercise of powers under Section 64 of the Act:Provided that the additional surcharge so determined by the Commission shall be applicable to all the consumers who have availed Open Access to receive supply from a source other than the Distribution Licensee to which they are connected.18.5Additional surcharge determined on per Unit basis shall be payable, on monthly basis, by the Open Access consumers based on the actual energy drawn during the month through Open Access:
