Section 10 in Rajasthan Electricity Regulatory Commission (Terms and Conditions for Open Access) Regulations, 2016
10. Procedure for Long Term Open Access.
(1)A long term intra-State open access customer shall file an application to the Nodal Agency with details such as capacity needed, generation planned or power purchase contracted, point of injection, point of drawal, duration of availing open access and any other additional information that may be required by the Nodal Agency.Provided 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 intra-State transmission system or distribution system or a change in duration for availing open access, a fresh application shall be made, which shall be considered in accordance with the provisions of these Regulations.(2)A customer intending to avail open access shall also submit a copy of his application to the Distribution Licensee(s) of his area of supply.(3)The application shall be submitted in the format prescribed in the detailed procedure.(4)The application shall be accompanied by a non refundable fee of Rs. 100000/- (Rs. One lac only) in the name and in the manner laid down in the detailed procedure.(5)The application shall be accompanied by a bank guarantee, corresponding to Rs. 10000/MW (Rs. Ten Thousand per MW) of the total power to be transmitted, from a Nationalized or Scheduled Bank valid for a period of one year in favour of STU, in addition to the specified application fee.(6)The bank guarantee shall be kept valid and subsisting till the commencement of long term open access. The bank guarantee may be encashed by the STU, if the application is withdrawn by the applicant or the long term open access rights are relinquished prior to the start of such rights, i.e., the day on which open access starts.(7)The State Transmission Utility shall, in consultation with State Load Dispatch Centre, Transmission and Distribution Licensees and based on system studies by the concerned licensee or otherwise, assess the capacity available and communicate the decision to the applicant within 60 days of the receipt of the application.Provided that if, in the opinion of the State Transmission Utility, further system strengthening of transmission/distribution system is essential before providing long term open access, the State Transmission Utility shall intimate the cost estimates, likely completion schedule and estimated date from which open access shall be allowed after system strengthening within 90 days of the receipt of the application.Provided further that if system strengthening of network of Distribution Licensee is required, the cost estimate & likely completion schedule shall be intimated by Distribution Licensee to the STU within 45 days of receipt of application.(8)The customer shall accordingly deposit the estimated amount for works to the STU and the concerned Distribution Licensee, as the case may be.Provided that in case the applicant does not agree to avail open access with system strengthening, his application shall be rejected and the Bank Guarantee shall be released.(9)In case a subsequent application for grant of LTOA is received within 5 years of grant of LTOA to a previous applicant wherein the dedicated system created at the expense of previous applicant can be used, then the subsequent applicant shall reimburse cost for use of such dedicated system to the previous applicant on proportionate basis of the capacity for which LTOA is granted to both applicants. This arrangement shall be subject to mutual consent of both parties.(10)Before the expiry of the period of long term open access, the same may be extended by the State Transmission Utility on receipt of a written request from such customer accompanied by a fee as prescribed at sub regulation (4) above.Provided that such request is submitted at least one year prior to the date on which the long term open access allowed ends. The long term open access customer shall clearly mention in the request the period for which extension is required.(11)A customer seeking long term open access on inter-State network in conjunction with intra-State network shall submit application as detailed in sub regulation (1) above to the Nodal Agency, alongwith a copy to the Distribution Licensee of his area of supply, for issue of no objection certificate/concurrence/prior standing clearance accompanied with fee and bank guarantee as prescribed in sub regulation (4), (5) and (6) above. The application shall be processed as per sub regulation (7), (8) and (9) above. "
