Section 44 in The Maharashtra Electricity Regulatory Commission (Distribution Open Access) Regulations, 2014
44. Repeal and Savings.
- 44.1 Save as otherwise provided in these Regulations, the Maharashtra Electricity Regulatory Commission (Distribution Open Access) Regulations, 2005, shall stand repealed from the date of notification of these Regulations.44.2Notwithstanding such repeal, anything done or purported to have been done under the repealed Regulations shall be deemed to have been done or purported to have been done under these Regulations.44.3Open access customers to the Distribution system in the State on the date of coming into force of these Regulations under an existing agreement/contract shall be entitled to continue to avail such access to the distribution system on the same terms and conditions, as stipulated under such existing agreement/contract. Such persons are eligible to avail Long-term Open Access or Medium-term access or Short-term Open Access under these Regulations on expiry of such existing agreement/contract.Provided that the wheeling charge, cross-subsidy surcharge, additional surcharge, stand-by charge and any other charge as determined by the Commission under this regulation would be applicable to all Open Access consumers.44.4Nothing contained in these Regulations shall invalidate the Commission's powers to exempt, by order in writing along with reasons, any Licensee or consumer or person engaged in generation or a person whose premises are situated within the area of supply of a Distribution Licensee from the application of any or all of the conditions for availing Open Access:Provided that the Commission shall, as far as practicable, give reasonable opportunity to any interested or affected party to make representations before granting such exemption.44.5Nothing in these Regulations shall, expressly or impliedly, bar the Commission dealing with any matter or exercising any power under the Act for which no Regulations have been framed, and the Commission may deal with such matters, powers and functions in a manner it deems fit.Annexure I[See Regulation 4.1 of MERC (Distribution Open Access) Regulation 2014]Form of Application for Open AccessTo[Name of Distribution Licensee & Address]Sub: Open Access to Distribution SystemI/We, (name of applicant), require access to your distribution system for the purpose of obtaining supply of electricity in accordance with sub-section (47) of Section 2 read with sub-sections (2) and (3) of Section 42 of the Electricity Act, 2003 and the Regulations specified thereunder.In this regard, I/We request you to kindly enter into a Connection and Use of Distribution System Agreement with me/us and with (name of Generating Company)/(name of Licensee) for connection to and use of your distribution system based on the particulars given overleaf.I/We declare that I/We am/are eligible to obtain Open Access to your distribution system in accordance with the provisions of the Act and the Regulations specified by the Commission in this regard.I/We hereby agree to comply with the provisions of the Act, the Regulations specified by the Commission and the terms and conditions of the Connection and Use of Distribution System Agreement.Dated:Signature of applicantPresent addressEnclosures: Particulars/documents accompanying the application
