Section 12(1) in Orissa Electricity Regulatory Commission (Terms and Conditions for Open Access) Regulation, 2005
(1)Procedure for long-term customer.(a)(i)An application for long-term access shall be submitted to the nodal agency;(ii)The application shall contain the details, such as capacity needed, point(s) of injection, point(s) of drawal, duration of availing open access, peak load, average load and such other additional information that may be laid down by the nodal agency :Provided that the STU shall issue necessary guidelines, procedure and application forms, transmission/distribution access agreement formats within 30 days of publication of these regulations in the Official Gazette, after due consultation with all the distribution licensees operating within the State and necessary approval of the Commission.(iii)The application shall be accompanied by a non-refundable application fee of rupees one lakh [per MW] [Inserted vide Orissa Gazette Extraordinary No. 1010, dated 18.7.2006.] for transmission access and rupees fifty thousand [per 500 KW] [Inserted vide Orissa Gazette Extraordinary No. 1010, dated 18.7.2006.] for distribution access payable in the name and in the manner to be decided by the nodal agency;(iv)Based on system studies conducted in consultation with other agencies involved including other transmission and distribution licensees, the nodal agency shall, within 30 days of receipt of the application, intimate to the applicant whether or not the long-term access can be allowed without further system strengthening ;Provided that where the long-term access can be allowed without further system strengthening this shall be allowed immediately after entering into commercial agreements.(v)If, in the opinion of the nodal agency, further system strengthening is essential before providing the long-term access, the applicant may request the nodal agency to carry out the system studies and preliminary investigation for the purpose of cost estimates and completion schedule for system strengthening;(vi)The nodal agency shall carry out the studies immediately on receipt of request from the applicant under Clause (v) and intimate results of the studies within 90 days of receipt of request from the applicant;(vii)The applicant shall reimburse the actual expenditure incurred by the nodal agency for system/strengthening studies :Provided that the fee of rupees one lakh paid for transmission access and rupees fifty thousand for distribution access paid by the applicants shall be adjusted against the actual expenditure to the reimbursed by them.(b)The allotment of capacity to a long-term customer may be relinquished or transferred to any other long-term customer in accordance with Regulation 12 (c)(ii) of these Regulations.(c)Transmission/Distribution Capacity Access Agreement(i)A long-term customer shall enter into Transmission/Distribution Capacity access agreement with the transmission/distribution license. An open access customer shall enter into commercial agreements with the transmission and distribution licensees for use of their transmission and distribution systems;(ii)The agreement shall provide, amongst other things, for the eventuality of premature termination of agreement and its consequences on the contracting parties;(iii)After agreements have been entered into and copies furnished to SLDC, the SLDC shall inform the open access customer the date from which open access will be available which will not be later than seven days from the date of furnishing of agreements.(d)Exit Option for long-term customer(i)A long-term customer shall not relinquish or transfer his rights and obligations laid down in the Transmission/Distribution capacity access agreement, without prior approval of the Commission.(ii)The relinquishment or transfer of right and obligations by a long-term customer shall be subject to payment of compensation as may be determined by the Commission.
