Section 10 in The Maharashtra Electricity Regulatory Commission (Distribution Open Access) Regulations, 2014
10. Procedure for Long Term Open Access.
- 10.1. Involving inter-State Transmission System :Notwithstanding anything contained in Regulation 10.2 herein below, the procedure for inter-State Long-term Open Access shall be as per Central Electricity Regulatory Commission (Grant of Connectivity, Long-term Open Access and Medium-term Open Access in inter-State Transmission and related matters) Regulations, 2009 as amended from time to time:Provided that in case of a consumer connected to a distribution system seeking inter-State Long-term Open Access, the SLDC, before giving its consent to the RLDC as required under the Central Commission's Regulations, shall require the consumer to submit the consent of the Distribution Licensee concerned in accordance with Regulation 13 hereof.10.2In the Distribution system :Subject to the provisions of Regulation 10.1 herein above, the procedure for Long term Open Access when the point of injection and/or the point of drawal are located in the same distribution system shall be in accordance with the provisions of sub-clause (a) to (l) herein below :(a)The application for grant of Long-term Open Access shall contain details such as name of the entity or entities from whom electricity is proposed to be procured along with the quantum of power in MW and such other details as may be laid down by the Distribution Licensee in the detailed procedure. A model application form for Long term Open Access is provided at Annexure-IV.In case where augmentation of Distribution system is required for granting Open Access, if the quantum of power has not been firmed up in respect of the person to whom electricity is to be supplied or the source from which electricity is to be procured, the applicant shall indicate the quantum of power it proposes to be interchanged using the Distribution system;Provided further that in case augmentation of distribution system is required, the applicant shall have to bear the cost for the same as per these Regulations, even if the source of supply or off-take is not identified, where such charges are not being recovered from the Generating Station as provided for in Regulation 5.7.Provided also that the exact source of supply or destination of off-take, as the case may be, shall have to be firmed up and accordingly notified to the Distribution Licensee agency at least two (2) years prior to the intended date of availing Long-term Open Access, or such time period estimated by Distribution Licensee for augmentation of the distribution system, whichever is lesser, to facilitate such augmentation;Provided further that in cases where there is any material change in location of the applicant or change by more than 10 percent in the quantum of power to be interchanged using the distribution system, a fresh application shall be made, which shall be considered in accordance with these Regulations.(b)The applicant shall submit the basis for assessment of power to be interchanged using the distribution system and power to be transmitted to or from various entities or regions to enable the Distribution Licensee to plan the distribution system in a holistic manner.(c)The application shall be accompanied by a bank guarantee of Rs 10,000/- (Rupees Ten thousand) per MW of the total power to be transmitted. The bank guarantee shall be in favour of the Distribution Licensee, in the manner laid down under the detailed procedure.Provided that in case of Renewable energy based transaction the bank guarantee shall be at the rate of Rs. 5000/- (Rupees five thousand) per MW of the total power to be transmitted.(d)The bank guarantee as provided at Regulation 10.2 (c) above, shall be kept valid and subsisting till the execution of the Long-term Open Access agreement, in the case when augmentation of distribution system is required, and till operationalisation of Long-term Open Access when augmentation of distribution system is not required.(e)The bank guarantee may be encashed by the Distribution Licensee, if the application is withdrawn by the applicant or the Long-term Open Access rights are relinquished prior to the operationalisation of such rights when augmentation of distribution system is not required.(f)The aforesaid bank guarantee will stand discharged with the submission of bank guarantee that is required to be submitted by the applicant to the Distribution Licensee during construction phase when augmentation of distribution system is required, in accordance with the provisions in the detailed procedure.(g)On receipt of the application, the Distribution Licensee shall, in consultation and through coordination with other agencies involved in distribution system to be used, process the application and carry out the necessary system studies as expeditiously as possible so as to ensure that the decision to grant Long-term Open Access is arrived at within the time-frame specified in Regulation 9.2 herein above:Provided that in case the Distribution Licensee faces any difficulty in the process of consultation or coordination, it may approach the Commission for appropriate directions.(h)Based on the system studies, the Distribution Licensee shall specify the distribution system that would be required to give Long-term Open Access. In case augmentation to the existing distribution system is required, the same will be intimated to the applicant.(i)While granting Long-term Open Access, the Distribution Licensee shall communicate to the applicant, the date from which Long-term Open Access shall be granted and an estimate of the wheeling charges.(j)The applicant shall sign the Connection and Use of Distribution System Agreement for Long-term Open Access with the Distribution Licensee in case Long-term Open Access is granted by the Distribution Licensee, in accordance with the provision as may be made in the detailed procedure. The long-term access agreement shall contain the date of commencement of Long-term Open Access, the point of injection of power into the grid and point of drawal from the grid and the details of dedicated distribution lines, if any, required. In case augmentation of distribution system is required, the Long-term Open Access agreement shall contain the time line for construction of the facilities of the applicant and the Distribution Licensee, the bank guarantee required to be given by the applicant and other details in accordance with the detailed procedure.(k)Immediately after grant of Long-term Open Access, the Distribution Licensee shall inform the State Load Despatch Centre so that it can consider the same while processing requests for scheduling of power, received under this agreement.(l)On the expiry of the period of Long-term Open Access, the same shall stand extended on a written request by the consumer, to the Distribution Licensee, submitted at least six months prior to such expiry, mentioning the period for which extension is required:Provided that in case no written request is received from the consumer within the timeline specified above, the said Long-term Open Access shall stand terminated on the date upto which it was initially granted.
