Section 4(2) in Orissa Electricity Regulatory Commission (Terms and Conditions for Open Access) Regulation, 2005
(2)The Licensees and the generating companies including the persons who have established a captive generating plant and the consumer shall be eligible for open access to distribution system of the distribution licensee in accordance with the phasing for introduction of open access as provided under Clause 11 herein and further subject to the absence of operational constraints in the distribution system and also the payment of the wheeling charges as may be determined by the Commission from time to time.Provided that in the event such open access is for the use by a consumer including the conveyance or wheeling of electricity as required by any person for delivery to such consumer in the area of supply of a distribution licensee in the State, the open access to the distribution system shall be subject to payment of a surcharge as may be specified by the Commission under Sub-section (2) of Section 42 of the Act.Explanation - For the purpose of the open access under these Regulations the operational constraints in the distribution system shall include availability of adequate capacity in the distribution system, appropriate metering and energy accounting system where the electricity to be wheeled can be correctly measured and accounted for, and such other things which may have an impact on the distribution licensee's business of supplying electricity to consumers in the area of supply.
