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State of Maharashtra - Section

Section 4 in The Maharashtra Electricity Regulatory Commission (Distribution Open Access) Regulations, 2014

4. Processing of Applications for Distribution Open Access.

- 4.1. Application Formats, etc :An application for Open Access to the distribution system of a Distribution Licensee shall be made to such Distribution Licensee in the Form provided in Annexure I herein:Provided that such application shall be accompanied by necessary particulars/documents and fees for processing the application as provided in Regulation 9.Provided also that every Distribution Licensee shall put up with the prior approval of the Commission, on its internet website, within a period of sixty (60) days from the date of notification of these Regulations or within sixty (60) days from the grant of licence, whichever is applicable, the information requirements, procedures, application forms and fees, in downloadable format, as may be necessary for an application to be made by such a consumer seeking Open Access to its distribution system.Provided further the application formats issued under the Maharashtra Electricity Regulatory Commission (Distribution Open Access) Regulations, 2005, shall continue to be in use till such time the new application formats are issued and/or uploaded on the internet website of the Distribution Licensee, and any inconsistency between the existing formats and the provisions of these Regulations shall be harmoniously construed for purposive application of these Regulations.
4.2Reduction of Contract Demand
4.2.1. Where a consumer eligible under Regulation 3.1, applies for Long-term or Medium-term or Short-term Open Access to the distribution system of a Distribution Licensee so as to obtain supply from a Generating Company or a Licensee or through Power Exchange, the Distribution Licensee (on whose Distribution System the access is being sought) shall reduce the contract demand/sanctioned load of the consumer to the extent of quantum of electricity sought to be transferred through Open Access .
Provided that where a consumer of the Distribution Licensee, who is eligible under Regulation 3.1, applies for Long-term or Medium-term or short-term Open Access to the distribution system so as to obtain supply from a Renewable Energy generating plant identified as 'Non firm power' under MERC (Terms and conditions for determination of RE Tariff) Regulations, 2010, as amended from time to time, the Distribution Licensee shall reduce the contract demand/sanctioned load to the extent of Capacity Utilisation Factor (CUF) (approved by the Commission in latest Renewable Energy Tariff Order) of the installed capacity of Non-firm Renewable Energy Generator. For example, Installed capacity of Wind Energy Generator is 100 MW and approved CUF is say 23%, then the extent of reduction in Contract Demand shall be 23 MW and applicable transmission and wheeling losses shall be deducted from 23 MW to compute the net reduction of Contract demand at the consumption end.Provided further that where a consumer eligible under Regulation 3.1, applies for Open Access to the distribution system so as to obtain supply through a Power Exchange, such consumer shall ensure that the quantum of power to be procured through Open Access will be uniform throughout the day (on Round the Clock basis) and shall submit a written undertaking confirming the same along with the Open Access application.Provided that for Short-term Open Access, the minimum period of such reduction of Contract Demand shall be one (1) month from the date of granting Open Access, for Medium-term Open Access, the minimum period of such reduction of Contract Demand shall be three (3) months from the date of granting Open Access or Open Access period sought by consumer, whichever is higher and for Long-term Open Access, the minimum period of such reduction of Contract Demand shall be three (3) years from the date of granting Open Access or Open Access period sought by consumer, whichever is higher.
4.2.2. In case of Partial Open Access, contract demand stands reduced as per Regulation 4.2.1, the Admissible drawal/Allotted Capacity for the consumer shall be minimum of original contract demand of the consumer and sum of revised contract demand (reduced) of the consumer and scheduled entitlement.
Explanation : If a consumer of a Distribution Licensee having a contract demand of 10 MW, applies for Open access of 4 MW from a conventional generator and the scheduled drawal of the consumer shall not exceed 10 MW.
Particulars   Demand (MW)
Original Contract Demand with the Distribution Licensee (a) 10
Open Access quantity (b) 4
Revised Contract Demand with Distribution Licensee (c) = (a) - (b) 6
Consumer's Contact demand with the Distribution Licensee shall be 6 MW.
(a)Admissible drawal = Minimum of (Original Contract demand (10 MW) and (Sum of (Scheduled entitlement from Open Access (4 MW) + (Revised contract demand with the Distribution Licensee (6 MW)), which shall be a ceiling of 10 MW.
(b)Scheduled entitlement from Open Access for the consumer shall be load equivalent to 4 MW.
Provided that the variation between the actual drawal and the scheduled drawal would be identified as Imbalance under provisions of Regulation 26.
4.2.3. Completion of Works : Where the consumer has made, at any time prior to his application under Regulation 4.2.1 above, an application for increase in contract demand/sanctioned load and such application is pending the completion of works relating to extension/augmentation of lines, transformers, metering arrangements, etc. or commissioning of new sub-stations, the Distribution Licensee shall complete such works within the time limits contained in the Standards of Performance Regulations :
Provided that the Distribution Licensee shall continue to give supply of electricity at the existing level to the applicant until such time as the works are completed and thereafter Open Access shall be provided to the applicant :Provided further that the Distribution Licensee shall be entitled to recover from the applicant such charges for the works carried out under this Regulation 4.2.4, in accordance with the principles specified by the Commission for recovery of charges in the Maharashtra Electricity Regulatory Commission (Electricity Supply Code and Other Conditions of Supply) Regulations, 2005, as amended from time to time, where such charges are not being recovered from the Generating Station as provided for in Regulation 5.7.
4.2.4. Meter Reading : The final meter reading of the consumer shall be taken by the authorised representative of the Distribution Licensee from the time at which the Connection and Use of Distribution System Agreement becomes effective in accordance with these Regulations :
Provided that the final meter reading shall be taken in the presence of the consumer, authorized representative of the consumer, Generating Company or Licensee from whom the consumer intends to obtain supply of electricity. However, if the consumer, authorized representative of the consumer, Generating Company or Licensee or a Member of a Power Exchange from whom the consumer intends to obtain supply of electricity refuse to participate in the final meter reading then the authorised representative of Distribution Licensee after a written notice take the final reading which reading shall be binding upon the consumer.
4.2.5. Additional Surcharge : The Distribution Licensee shall be entitled to recover an additional surcharge on the charges of wheeling from a consumer seeking Open Access under this Regulation 4.1, in accordance with Regulation 18 of these Regulations.
4.2.6. Settlement of Dues : Notwithstanding anything contained in these Regulations, the provision of Open Access to an eligible Open Access Customer shall be subject to settlement of all dues of the Distribution Licensee :
Provided that a consumer applying for Long-term or Medium-term or short-term Open Access to the distribution system so as to obtain supply from a Renewable Energy generating plant identified as 'Non firm power' under MERC (Terms and conditions for determination of RE Tariff) Regulations, 2010 or Power Exchange shall settle all dues of the Distribution Licensee at a date prior to date of application of Open Access:Provided further that where there is a dispute between the Distribution Licensee and an eligible Open Access Customer relating to any charge for electricity or sum other than a charge for electricity claimed by the Distribution Licensee from such consumer, then such consumer shall be allowed Open Access pending disposal of such dispute only upon deposit of the disputed amount with the Distribution Licensee, in accordance with Section 56 of the Act :Provided also that the Distribution Licensee shall pay interest at a rate equivalent to the bank rate of the Reserve Bank of India for the portion of deposit that is returned to the consumer on resolution of the dispute :Provided further that a person having been declared insolvent or bankrupt at the time of application shall not be eligible for Open Access :Provided also that where any dues are existing for more than two billing cycles of the consumer, then such consumer shall be allowed Open Access only upon deposit of the dues with the Distribution Licensee in accordance with Section 56 of the Act.
4.3The applicant for Open Access shall arrange for all consents and statutory permissions, as are required by the Distribution Licensee from the applicant under the Act or any other law for the time being in force, for carrying out works required to give Open Access to the applicant.
4.4The Distribution Licensee may require the applicant for Open Access to make available to the Distribution Licensee, by way of lease, a suitable piece of land or room on the applicant's premises for installation of electrical plant or equipment required to provide the Connection:Provided that this provision shall apply only where the quantum of electricity sought to be transferred through Open Access exceeds 1 MW.Provided that the aforesaid lease, shall be in accordance with Maharashtra Electricity Regulatory Commission (Electricity Supply Code and Other Conditions of Supply) Regulations, 2005, as amended from time to time.
4.5Notwithstanding anything contained in Regulation 4.4, where the provision of such land or room is required under the Development Control Rules of the local authority or by any appropriate authority of the State Government, the terms and conditions for such lease shall be determined in accordance with such Rules or by the said authority.