Section 43(43) in The Maharashtra Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2005
43.2Transmission system access charges43.2.1Any person who is eligible to apply for access to the intra-State transmission system of a Transmission Licensee shall be entitled to obtain such access in accordance with the Transmission Open Access Regulations and shall be liable to pay the charges for obtaining such access as specified in this Regulation.Explanation - For the purpose of this Regulation, such person who, being eligible for transmission open access, has applied for allocation of transmission capacity rights and has agreed to the carrying out of works for obtaining such access shall hereinafter be referred to as the "intending Transmission System User", and may include an existing Transmission System User in respect of any increase in allocated transmission capacity rights applied for by such existing user.43.2.2Where the access of the intending Transmission System User to the intra-State transmission system entails works of transmission lines or other transmission assets dedicated to such user, the Transmission Licensee shall be entitled to recover, through the transmission system access charges, all expenses reasonably incurred on such works for providing access to such intending Transmission System User.43.2.3Where the access of the intending Transmission System User entails other works, not covered under Regulation 43.2.2, relating to the intra-State transmission system, the Transmission Licensee shall recover the expenses relating to such works through annual transmission charges, in accordance with Regulation 43.3 below:Provided however, that the Transmission Licensee and the intending Transmission System User may mutually agree that the expenses incurred on works under this Regulation 43.2.3 shall be recovered from the intending Transmission System User through transmission system access charges, in which case such expenses shall not be recovered through annual transmission charges:43.2.4Where any works for obtaining access has been carried out by the intending Transmission System User, the Transmission Licensee shall be entitled to recover supervision charges at the rate of 15 per cent of the cost of labour employed for carrying out such works and shall not be entitled to recover any other expenses with regard to such works carried out by the intending Transmission System User.43.2.5The works for providing access to the intra-State transmission system shall be maintained by the Transmission Licensee for the duration of the Bulk Power Transmission Agreement between the Transmission Licensee and the Transmission System User:43.2.6Where the Transmission System User has paid for the works carried out to provide him access to the intra-State transmission system of the Transmission Licensee, the Transmission System User shall be entitled to the depreciated value of such works paid for by him upon termination of the Bulk Power Transmission Agreement:Provided that where the Transmission System User has carried out the works to provide him access to the intra-State transmission system of the Transmission Licensee, the Transmission System User shall be entitled to retain such works upon termination of the Bulk Power Transmission Agreement.43.2.7The transmission system access charges may be recovered in any one of the following methods, in accordance with the terms of the Bulk Power Transmission Agreement:(a)As a one-time payment by the Transmission System User at the time of obtaining access; or(b)As a series of payments over the duration of the Bulk Power Transmission Agreement, due regard being given to the Transmission Licensee's cost of capital based on the normative debt:equity ratio as per Regulation 47; or(c)As any combination of (a) and (b) above.43.2.8Any dispute between the Transmission Licensee and the intending Transmission System User with regard to the works to be carried out to give access to the intending Transmission System User or with regard to the transmission system access charges shall be referred to the Commission for determination or to such other forum as may be stipulated.
