Section 9 in Maharashtra Electricity Regulatory Commission (Transmission Open Access) Regulations, 2005
9. Assignment and surrender of capacity.
- 9.1 Where a Transmission System User cannot use the whole or any part of his transmission capacity rights, he may assign such unutilized transmission capacity rights to any person eligible for open access under these Regulations.Provided that such assignment shall be undertaken between the Transmission System User and the assignee on terms and conditions as may be mutually agreed upon:Provided further that the charges for the use of any unutilized capacity of the Transmission System User, as may be assigned, shall not exceed the charges for transmission of electricity as determined by the Commission:Provided also that the Transmission System User shall intimate to the Transmission Licensee the name of the person to whom the unutilized capacity has been so assigned, the quantum of capacity assigned and the duration of such assignment:Provided also that the Transmission System User who has assigned his unutilized capacity shall be responsible for discharging obligations relating to use of the intra-State transmission system as may be applicable to such Transmission System User under these Regulations.9.2Notwithstanding the provisions contained in Regulation 9.1, a Transmission System User may surrender the whole or any part of his transmission capacity rights to the Transmission Licensee:Provided that such surrender of capacity shall be on such terms and conditions as may be mutually agreed upon between the Transmission System User and the Transmission Licensee:Provided further that if any dispute arises with reference to the terms and conditions of such surrender or where the Transmission System User and the Transmission Licensee cannot agree on the terms and conditions of such surrender, it shall be referred to the Commission for decision.9.3If a Transmission System User neither uses nor assigns the whole or part of his allotted transmission capacity the State Load Despatch Centre shall re-allocate the whole or part of such unutilized allotted capacity at any time after the Transmission System User has intimated to the State Load Dispatch Centre his final drawal or dispatch schedule in accordance with the State Grid Code:Provided that the whole or part of such unutilized transmission capacity rights shall be re-allocated by the State Load Despatch Centre to a person who is eligible for open access under Regulation 4:Provided further that the charges for use of such unutilized capacity payable by such person to the Transmission Licensee shall not exceed the transmission charges of the Transmission Licensee:Provided also that any charges earned under this Regulation shall be used to reduce the transmission charges of the Transmission Licensee recoverable from the Transmission System Users:Provided also that the re-allocation of his unutilized capacity under this Regulation shall not discharge the Transmission System User from his obligation to pay the transmission charges pertaining to such unutilized capacity to the Transmission Licensee.9.4If a Transmission System User neither uses nor assigns the whole or any part of his transmission capacity for a period of one (1) continuous year, he shall be deemed to have surrendered such unutilized and unassigned capacity to the Transmission Licensee on such terms as may be specified by the Transmission Licensee in the Bulk Power Transmission Agreement:Provided that if any dispute arises with reference to the terms and conditions of such surrender, it shall be referred to the Commission for decision.
