Section 35 in The Maharashtra Electricity Regulatory Commission (Distribution Open Access) Regulations, 2014
35. Processing of Application.
- The Distribution Licensee, while processing the application of such a generating station, shall follow the following procedure.35.1While processing the application from a generating station seeking Open Access, the Distribution Licensee shall verify the following, namely-(a)Existence of infrastructure necessary for time-block-wise energy metering and accounting in accordance with the provisions of the State Grid Code in force, and(b)Availability of surplus capacity in the distribution system.35.2Where existence of necessary infrastructure and availability of surplus capacity in the distribution system has been established, the Distribution Licensee shall convey its approval within the timelines indicated in Regulation 9.2 herein above as applicable to a consumer:Provided that in case the necessary infrastructure is not available, the Distribution Licensee shall intimate such Generating Company or Licensee of the technical requirements, details of works to be carried out, charges to be paid and estimated time period for completion of works in order to provide or enable such Generating Company to give such supply. The Distribution Licensee shall be entitled to recover all expenses reasonably incurred to provide Open Access under this Regulation from such Generating company:Provided further that while determining the expenses to be recovered from the Generating Company, the Distribution Licensee shall take into account the details of the works planned to be undertaken in accordance with the investment plan of the Distribution Licensee to be submitted as part of the application for determination of tariff made in accordance with the provisions of sub-section (1) of Section 64 of the Act.35.3In case the Distribution Licensee finds that the application is incomplete or defective in any respect, it shall communicate the deficiency or defect to the applicant by e-mail or fax or by any other usually recognised mode of communication as under:(a)Within seven (7) working days of receipt of from the date of receipt of the application, in case of Long-term and Medium-term Open Access(b)Within four (4) working days of receipt of the application in case of Short-term Open Access35.4In case the application has been found to be in order but the Distribution Licensee refuses to give approval for Open Access on the grounds of non-existence of necessary infrastructure or unavailability of surplus capacity in the distribution system, such refusal shall be communicated to the applicant by e-mail or fax or by any other usually recognized mode of communication, along with reasons for such refusal as under:(a)Within the period of seven (7) working days from the date of receipt of the application, in case of Long-term and Medium-term Open Access(b)Within a period of five (5) working days from the date of receipt of application in case of Short-term Open Access35.5The Generating station shall pay the wheeling charge to the Distribution Licensee as determined by the Commission.Provided that wheeling charges would not be applicable in case the dedicated lines are owned by the Generating stations.Provided further that in case the dedicated lines are maintained by the Distribution Licensee, then the Distribution Licensee shall levy the Dedicated Distribution facility charge on the Open Access generator.
