Section 4(3) in Orissa Electricity Regulatory Commission (Determination of Open Access Charges) Regulations, 2006
(3)Additional Surcharge - (i) The open access customer shall also be liable to pay additional surcharge on charges of wheeling, in addition to wheeling charges and surcharge, to meet the fixed cost of the distribution licensee arising out of his obligation to supply as provided under Subsection (4) of Section 42 of the Act in case open access is sought for receiving supply from a source other than the distribution licensee of his area of supply.(ii)The distribution licensee whose consumer intends to avail of open access shall submit to the Commission within 30 (thirty) days of receipt of application, an account of fixed cost, which the licensee is incurring towards his obligation to supply.(iii)The additional surcharge for obligation to supply as per Section 42(4) of the Act should become applicable only if it is conclusively demonstrated that, that obligation of a 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. The fixed costs related to network assets should be chargeable only when the same is not recovered through wheeling charges.(iv)The Commission shall scrutinize the statement of accounts submitted by the licensee as per sub-clause (ii) above and obtain objections, if deemed necessary of the open access customer and determine the amount of surcharge and additional surcharge payable by the open access customer to the licensee.(v)The additional surcharge shall be leviable for such period as the Commission may determine from time to time.(vi)Additional surcharge should be calculated by the licensees and approved by the Commission.
