Section 12 in Tamil Nadu Electricity Regulatory Commission Intra State Open Access Regulations, 2005
12. Procedure for Long-Term Open Access Customer.
(a)Application for long-term open access shall be submitted by a Open access customer along with the agreement, commitment letter from the supplier, details of terminal beneficiary etc., to the State Transmission Utility (STU). The application shall contain details such as capacity needed, point of injection, point of drawal, duration of availing open access, peak load, sustained load and such other additional information that may be specified by STU. If the terminal beneficiary happens to be a consumer of a distribution Licensee in the State, an undertaking from such consumer that he will abide by the terms and conditions under these regulations on the payments to be made by him for the various charges covered in these regulations shall be obtained and attached to the application. A customer intending to avail open access shall also submit a copy of his application to the distribution Licensee of the State involved in this open access transaction.Provided that the nodal agency shall issue necessary guidelines, procedure and application forms within thirty days from the date of commencement of these regulations.(b)[ The application shall be accompanied by a non-refundable application registration fee [Substituted by Commission's Notification No. TNERC/ISOA/11/1-2 dated 11.10.2008, w.e.f 3.8.2005.](i)of Rs.5000/- (five thousand) in the case where the open access transaction relates to conventional energy sources; and(ii)of Rs.200/- (two hundred) per MW subject to a maximum of Rs. 5000/- (five thousand) in the case where the open access transaction relates to non-conventional and renewable sources of energy including co-generation, payable in the manner to be decided by the STU.](c)Based on system studies conducted in consultation with other agencies involved including other transmission and distribution Licensees, the nodal agency shall, within thirty days of receipt of the application, intimate to the applicant whether or not the long-term access can be allowed, without further system strengthening:(d)Provided that where the long-term access can be allowed , subject to the provisions in these regulations and without further system strengthening, then such long term access shall be allowed immediately after entering into commercial agreements.(e)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;The nodal agency shall carry out the studies immediately on receipt of request from the applicant and intimate results of the studies within ninety days of receipt of request from the applicant. The applicant shall reimburse the actual expenditure incurred by the nodal agency for system strengthening studies.(f)[ After the feasibility is established and prior to execution of agreement:- [[Substituted by Commission's Notification No. TNERC/ISOA/11/1-2 dated 11.10.2008 (w.e.f 3.8.2005) which before substitution stood as under:'After the feasibility is established and prior to execution of agreement, a sum of Rs 50,000 (fifty thousand) shall be payable to the nodal agency towards the open access agreement fee.']](i)a sum of Rs 50,000 (fifty thousand) in the case where the open access transaction relates to conventional energy sources; and(ii)a sum of Rs.2000/- (two thousand) per MW subject to a maximum of Rs.50,000/- (fifty thousand) in the case where the open access transaction relates to non-conventional and renewable sources of energy including co-generation, shall be payable to the nodal agency towards the open access agreement fee.](g)After agreements have been entered into and copies furnished to State Load Dispatch Centre, the State Load Dispatch Centre shall inform the open access customer the date from which open access will be available. Furnishing this information will not be later than three days from the date of entering into the agreements.(h)A long-term open access customer shall not relinquish or transfer his rights and obligations specified in the open access agreement, without prior approval of the Commission. The relinquishment or transfer of right and obligations shall be subject to payment of compensation, as may be determined by the Commission.
