Section 10 in Orissa Electricity Regulatory Commission (Terms and Conditions for Open Access) Regulation, 2005
10. Determination of available capacity of transmission and distribution.
(1)The availability of capacity in the intra-state transmission system for open access shall be determined from time to time by the STU after considering the representation of the licensees and the persons seeking open access :Provided that the STU shall continue to publish and update on annual basis such available spare capacity for each of the five succeeding financial years, and the methodology adopted for arriving at such determination, in the form of a Statement of Opportunity in terms of its Licence Condition.(2)The availability of capacity in the distribution system including the existence or absence of operational constraints affecting the open access being allowed shall be determined by the STU after considering the representation of the distribution licensee and the persons seeking open access :Provided that a standard methodology for such determination shall be evolved within a period of 30 days from the date of publication of these regulations by the STU in consultation with the distribution licensees. This shall be consistent with the provisions of the Orissa Distribution (Planning and Operation) Code and the Orissa Grid Code and shall be approved by the Commission.(3)The licensees shall carry out load flow studies, system impact studies, etc. taking into account the existing capacity commitments and future projections of capacity requirements for open access customers, load growth as projected by distribution licensees, growth of generation, network topology and consumption pattern, network investments and repairs and maintenance programmes, etc. to determine the capacity available to accommodate open access transactions. While so determining the capacity available for open access transactions, capacity commitments to all existing customers of the network and the system reliability margin shall be deducted.(4)The licensees shall keep updating the data on available capacity, taking into account the contracts with open access customers, the impact of such transactions on the capacity of system elements, the increase/ decease in native load, changes in consumption pattern, network strengthening programs actually carried out and those projected, etc [failing which the Licensees will be penalized] [Inserted vide Orissa Gazette Extraordinary No. 1010, dated 18.7.2006.].(5)In order to decide the availability of sufficient spare capacity in the transmission and distribution (T&D) networks so as to permit an open access transaction applied for, the nodal agency as applicable may also carry out load flow studies to simulate the impact of power flows associated with such open access transaction on the network and thus determine whether capacity is available to permit such transaction [within the limits set by technical standards as per the norms of CEA as approved by the Commission and the Indian Electricity Grid Code or the Orissa Grid Code or the Orissa Distribution (Planning and Operation) Code or Indian Electricity Rules till such time the Regulations under Section 53 of the Act are made by the Central Electricity Authority, as the case may be) or there is a need to carry out system-strengthening works to ensure availability of sufficient capacity. The nodal agency may have to carry out this exercise on a case-to-case basis as and when an open access application is received [within 90 days] [Inserted vide Orissa Gazette Extraordinary No. 1010, dated 18.7.2006.].(6)In the event of any dispute on the capacity of the transmission system available or the existence or absence of operational constraints and capacity in the distribution system on the determination by the STU, the same shall be referred to the Commission for decision.(7)(a)The Commission may while deciding on the dispute under Clause (6) above or otherwise by a general or special order made from time to time lay down the conditions to be complied by the persons seeking open access to the distribution system in regard to operational constraints and the open access shall be allowed only subject to due satisfaction of such conditions.(b)The conditions to be satisfied may include construction, operation or maintenance of dedicated electric line or works from the sub-stations or feeder line or undertaking such other works as the Commission may decide as necessary to allow open access without operational constraints.
