Section 14 in Rajasthan Electricity Regulatory Commission (Terms and Conditions for Open Access) Regulations, 2016
14. Non-Utilisation of Open Access Capacity.
- In case an open access customer is unable to utilize full or part of the capacity allotted to him, he shall inform the State Transmission Utility and State Load Despatch Centre and may surrender the capacity allotted to him by serving a notice as detailed below:(1)A long term open access customer who has availed open access rights for at least 12 years may relinquish the long term open access rights fully or partly before the expiry of the full term of long term open access, by making payment of compensation for stranded capacity as under:(a)If a long term open access customer submits an application to the Nodal Agency at least 1 (one) year prior to the date from which such customer desires to relinquish the open access rights, he shall be liable to pay no charges;(b)If a long term open access customer submits an application to the Nodal Agency at any time lesser than a period of 1 (one) year prior to the date from which such customer desires to relinquish the open access rights, such customer shall pay an amount equal to 66% of the transmission and wheeling charges , as applicable on the date on which the application for relinquishment of the open access right is made, for the stranded transmission and/ or distribution capacity for the period falling short of a notice period of one (1) year.(2)A long term open access customer, who has not availed open access rights for at least 12 (twelve) years, shall pay an amount equal to 66% of the transmission and wheeling charges, as applicable on the date on which the application for relinquishment of the open access right is made, for the stranded transmission and/or distribution capacity for the period falling short of 12 (twelve) years of open access rights subject to a maximum period of three years.Provided that such an open access customer shall submit an application to the Nodal Agency at least 1 (one) year prior to the date from which such customer desires to relinquish the open access rights.Provided further that in case such an open access customer submits an application for relinquishment of long term open access rights at any time at a notice period of less than one year, then such open access customer shall pay an amount equal to 66% of the transmission and wheeling charges, as applicable on the date from which the open access right is relinquished, for the period falling short of a notice period of one (1) year, in addition to 66% of the transmission and wheeling charges, as applicable on the date on which the application for relinquishment of the open access right is made, for the stranded transmission and/or distribution capacity for the period falling short of 12 (twelve) years of open access rights subject to a maximum period of three years.(3)A medium term open access customer may relinquish open access rights, fully or partly, by giving at least 30 days prior notice to the Nodal Agency and such medium term open access customer shall pay applicable transmission and wheeling charges for the period of relinquishment or 30 days whichever is less.(4)No refund shall be made by the Distribution/ Transmission Licensee to an open access customer who has created the system at his own cost for availing open access irrespective of whether he avails the open access for full term or partly.(5)Short term intra-State open access customer shall not be permitted to relinquish or reduce the alloted capacity. However, the Nodal Agency may allot the surplus capacity available on account of non-utilization by the short term open access customer in such manner as may be found appropriate.
