State of Goa - Act
Joint Electricity Regulatory Commission for the State of Goa and Union Territories (Connectivity and Open Access in Intra-State Transmission and Distribution) Regulations, 2017
GOA
India
India
Joint Electricity Regulatory Commission for the State of Goa and Union Territories (Connectivity and Open Access in Intra-State Transmission and Distribution) Regulations, 2017
Rule JOINT-ELECTRICITY-REGULATORY-COMMISSION-FOR-THE-STATE-OF-GOA-AND-UNION-TERRITORIES-CONNECTIVITY-AND-OPEN-ACCESS-IN-INTRA-STATE-TRANSMISSION-AND-DISTRIBUTION-REGULATIONS-2017 of 2017
- Published on 14 March 2018
- Commenced on 14 March 2018
- [This is the version of this document from 14 March 2018.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short Title, Commencement and Extent.
2. Definitions.
- 1. In these Regulations, unless the context otherwise requires:2. Words and expressions occurring in these Regulations and not defined herein but defined in the Act or Grid Code or State Grid Code shall bear the same meanings as respectively assigned to them in the Act or Grid Code or State Grid Code and the words and expressions used herein but not specifically defined herein or in the Act or Grid Code or State Grid Code shall have the meanings generally assigned to them in the electricity industry.
3. In the interpretation of these Regulations, unless the context otherwise requires:
Chapter 1
Connectivity
1.
1. Connectivity. - 1. A Consumer having a load of 4 MW and above or a Generating Station having a capacity of 4 MW and above shall be eligible to obtain Connectivity to the Intra-State Transmission System, unless already connected, and shall apply for Connectivity, in accordance with the provisions in this Chapter:
Provided that a Generating Station with an installed capacity below 4 MW may also obtain Connectivity to the Intra-State Transmission System, if it is found to be technically feasible by the State Transmission Utility.2. A Generating Station, including a captive power plant having installed capacity less than 4 MW shall be eligible to obtain Connectivity to the Distribution system, unless already connected, in accordance with the provisions of these Regulations:
Provided that a Generating Station having installed capacity of more than 4 MW may be provided Connectivity to the Distribution System if such Connectivity is found to be technically feasible by the Distribution Licensee:Provided further that a Distribution Licensee shall be eligible to seek Connectivity to the Intra-State Transmission System and/or the Distribution System of any other Distribution Licensee.2. The application shall be accompanied by a non-refundable fee in the shape of demand draft or any form of electronic payment in favour of the entity as mentioned in the Detailed Procedure. The amount of fee is stated in the table below:
Table 1:Application Fee for Connectivity to Intra-State Transmission System| S.No. | Quantum of power to be injected/off takeinto/from Intra-State Transmission | Application Fee (Rupees ()) |
| 1 | Upto 10 MW | 100,000 |
| 2 | More than 10 MW and upto to 50 MW | 200,000 |
| 3 | More than 50 MW and up to 100 MW | 300,000 |
| 4 | More than 100 MW | 400,000 |
3. The application for Connectivity shall contain details such as proposed geographical location of the Applicant, quantum of power to be interchanged that is the quantum of power to be injected in the case of a Generating Station including a captive power plant and quantum of power to be drawn in the case of Consumer, with the Intra-State Transmission System and such other details as may be laid down in the Detailed Procedure:
Provided that in cases where after the application has been filed, there has been any change in the location of the Applicant, or change in the quantum of power to be interchanged with the Intra-State Transmission System by more than 10 percent, the Applicant shall make a fresh application, which shall be considered in accordance with these Regulations.4. On receipt of the application, the STU shall, in consultation and through coordination with other agencies involved in the Intra-State Transmission, process the application and carry out the necessary inter-connection study as specified in the Central Electricity Authority (Technical Standards for Connectivity to the Grid) Regulations, 2007 and Grid Code/State Grid Code.
5. While granting Connectivity, the STU shall specify the name of the sub-station or pooling station or switch yard where Connectivity is to be granted. In case Connectivity is to be granted by looping-in and looping-out of an existing or proposed line, the STU shall specify the point of connection and name of the line at which Connectivity is to be granted. The STU shall indicate the broad design features of the dedicated transmission line and the time frame for completion of the dedicated transmission line, if applicable.
6. The Applicant shall sign a "Connection Agreement" with the State Transmission Utility or Intra-State Transmission Licensee owning the sub-station or pooling station or switch yard or the transmission line as identified by the STU where Connectivity is being granted:
Provided that in case Connectivity of a Generating Station, including captive power plant or Consumer is granted to the Intra-State Transmission System of an Intra-State Transmission Licensee other than the State Transmission Utility, a tripartite agreement as provided in the Central Electricity Authority (Technical Standards for Connectivity to the Grid) Regulations, 2007 shall be signed between the Applicant, the State Transmission Utility and such Intra-State Transmission Licensee.7. The grant of Connectivity shall not entitle an Applicant to interchange any power with the grid unless it obtains Long-term Open Access, Medium-term Open Access or Short-term Open Access in accordance with the provisions of these Regulations:
Provided that any interchange of power with the grid without any type of Open Access shall be violation of these Regulations and shall be dealt with in accordance with Section 142 of the Electricity Act, 2003:Provided further that provisions of these Regulations shall not be applicable to exchange of energy taking place under Clauses1.2(8)and 1.2(9) below.8. A Generating Station, including captive power plant which has been granted Connectivity to the grid shall be allowed to undertake testing including full load testing by injecting its infirm power into the grid before being put into commercial operation, even before availing any type of Open Access. This shall be for a maximum period of six (6) Months, after obtaining permission of the State Load Despatch Centre, which shall keep grid security in view while granting such permission:
Provided that, for the purpose of these Regulations, in exceptional circumstances the STU in consultation with the SLDC may allow extension of the period for testing, including full load test, and consequent injection of infirm power by the Generating Station, beyond six (6) Months on an application made by the generating company at least one (1) Month before the initial period of six (6) Months gets over.9. The commercial treatment of such infirm power from a Generating Station, shall be as specified in the Regulations of the Commission governing multi-year tariff determination:
Provided that the power injected into the grid on account of such testing from a Generating Station for which the tariff has not been determined by the Commission, shall be the average variable cost of long-term power purchase as approved by the Commission in the prevailing Tariff Order in respect of the Distribution Licensee to whom the Generating Station intends to sell the power.10. An Applicant may be required by the State Transmission Utility to construct a dedicated line to the point of connection to enable Connectivity to the grid unless exempted by the Commission for reasons to be recorded in writing:
Provided that the construction of such dedicated line may be taken up by the STU or the Intra-State Transmission Licensee upon payment by the Applicant.11. The State Transmission Utility shall convey its decision on grant of Connectivity or otherwise within a period of sixty (60)Days from the date of receipt of application complete in all aspects:
Provided that the STU may reject an application, stating the reasons for such rejection, after giving the Applicant an opportunity to represent against the proposed rejection.12. A Consumer or Generating Station already connected to the Intra-State Transmission System for which Connectivity has been granted under an existing arrangement shall not be required to apply for Connectivity for the same capacity. However, in case of enhancement of capacity of the Generating Station, a fresh application shall be made for the grant of Connectivity in accordance with these Regulations.
2. The application shall be accompanied by a non-refundable fee of Rupees one lakh ( $$ 100,000) in the shape of demand draft or any form of electronic payment in favour of the entity as specified in the Detailed Procedure:
Provided that the application fee for Connectivity for Renewable Energy based generators shall be 50% of the above fee.3. The application for Connectivity shall contain details such as, proposed geographical location of the Generating Station, quantum of power to be injected and such other details as may be laid down in the Detailed Procedure.
4. On receipt of the application, the Distribution Licensee shall, in consultation and through coordination with State Transmission Utility, process the application and carry out the necessary inter-connection study as specified in the Central Electricity Authority (Technical Standards for Connectivity to the Grid) Regulations, 2007 and Grid Code/State Grid Code.
5. While granting Connectivity, the Distribution Licensee shall specify the name of the sub-station or pooling station or switch yard where Connectivity is to be granted.
6. The Distribution Licensee shall indicate the broad design features such as switch yard and interconnection facility upto the point of injection into the substation of the Distribution Licensee and the time frame for completion of the same. The cost of creation of these facilities shall be borne by the generating company. In cases where augmentation of the Distribution Licensee's substation is involved, the generating company shall also bear the cost of the bay, the breaker in the Distribution Licensee's substation and the equipment for inter-connection of real time data to SLDC.
7. The Applicant and the Distribution Licensee shall comply with the provisions of the Central Electricity Authority (Technical Standards for Connectivity to the Grid) Regulations, 2007.
8. The Applicant shall sign a"Connection Agreement" with the Distribution Licensee where Connectivity is being granted in the format provided in the Detailed Procedure.
9. The grant of Connectivity shall not by itself entitle an Applicant to interchange any power with the grid unless it obtains Long-term Open Access, Medium-term Open Access or Short-term Open Access in accordance with the provisions of these Regulations:
Provided that any inter-change of power with the grid without any type of Open Access shall be violation of these Regulations and shall be dealt with in accordance with Section 142 of the Electricity Act, 2003:Provided further that provisions of these Regulations shall not be applicable to exchange of energy taking place under Clauses 1.3(10) and 1.3(11) below.10. A Generating Station, including captive power plant which has been granted Connectivity to the Distribution System shall be allowed to undertake testing including full-load testing by injecting its infirm power into the grid before being put into commercial operation, even before availing any type of Open Access. This shall be for a maximum period of six (6) Months, after obtaining permission of the State Load Despatch Centre and the Distribution Licensee, who shall keep grid security in view while granting such permission:
Provided that, for the purpose of these Regulations, in exceptional circumstances, the Distribution Licensee in consultation with the SLDC may allow extension of the period for testing, including full load test, and consequent injection of infirm power by the Generating Station, beyond six (6)Months on an application made by the generating company at least one (1) Month before the initial period of six (6)Months gets over.11. The commercial treatment of such infirm power from a Generating Station, shall be as specified in the Regulations of the Commission governing multi-year tariff determination:
Provided that the power injected into the grid on account of such testing from a Generating Station for which the tariff has not been determined by the Commission, shall be the average variable cost of long-term power purchase as approved by the Commission in the prevailing Tariff Order in respect of the Distribution Licensee to whom the Generating Station intends to sell the power.12. The Distribution Licensee shall convey its decision on grant of Connectivity within thirty (30) Days from the receipt of an application complete in all respects:
Provided that the Distribution Licensee may reject an application, stating the reasons for such rejection, after giving the Applicant an opportunity to represent against the proposed rejection.13. A Generating Station already connected to the Distribution System or to whom Connectivity is already granted under an existing arrangement shall not be required to apply for Connectivity for the same capacity. However, in case of augmentation of capacity of the Generating Station, a fresh application for modification to the Connectivity provisions shall be required in accordance with the provisions of these Regulations.
Chapter 2
General Conditions for Open Access
2.
1. Phasing of Open Access. - 1. Open Access shall be allowed to all Consumers where the maximum power to be made available at any time exceeds the threshold level of 1 MVA subject to the satisfaction of the conditions contained in these Regulations:
Provided that the Commission may allow Open Access to Consumers seeking Open Access for capacity less than 1 MVA through a separate Order at such time as it may consider feasible having regard to operational constraints and other factors.2. Subject to the provisions of these Regulations,
3. The Consumers with Contract Demand in accordance with Clause 2.1 of the Regulations who are not on independent feeders shall also be allowed Open Access subject to the condition that they agree to the system constraints as well as the power cut restrictions imposed on that feeder by the utility serving them. In such cases, the duty of the Distribution Licensee shall be of a common carrier providing non-discriminatory Open Access as per Section 42 (3) of the Act.
4. A person having been declared insolvent or bankrupt or having outstanding dues against him for more than two (2) Months billing of Distribution/Transmission Licensee at the time of application shall not be eligible for Open Access:
Provided that, if the dispute regarding outstanding dues is pending with any forum or court and a stay is granted by the competent authority, the person shall be eligible for seeking Open Access.2. The existing Distribution Licensee/(s) shall, within sixty (60) Days of coming into force of these Regulations, furnish to the State Transmission Utility and the SLDC, details of their use of Transmission System and/or the Distribution System and the existing terms and conditions for such use.
2. The existing Consumer other than the Distribution Licensees or a generating company including captive power plants under Clause 2.4 (1),shall submit to the State Transmission Utility and the SLDC details of capacity utilized, point of injection, point of drawal, duration of availing Open Access, peak load, average load and such other information as the State Transmission Utility or the SLDC may require, within sixty (60)Days of coming into force of these Regulations.
2. Medium-term Open Access shall be granted if the resultant power flow can be accommodated in the existing Transmission System and the Distribution System:
Provided that normally no augmentation shall be carried out to the Transmission System/Distribution System for the sole purpose of granting Medium-term Open Access:However, if the augmentation is required and if the Applicant is ready to bear the cost of such system augmentation then the Applicant may be granted Medium-term Open Access, as the case may be, in accordance with the procedure as is applicable for grant of Long-term Open Access.3. A Consumer shall be eligible for Short-term Open Access over the surplus capacity on the Intra-State Transmission System/Distribution System available after use by the Long-term Open Access Consumers and the Medium-term Open Access Consumers, by virtue of
4. The construction of a dedicated Transmission Line/Distribution System shall not be construed as augmentation of the Transmission System/Distribution System for the purpose of these Regulations.
Chapter 3
Application Procedure and Approval
3.
1. Categories of Open Access Consumers. - The application procedure, application fee and the time frame of processing requests by eligible Consumers seeking Open Access shall be based on the following criteria:-
a. System to which connected:i. Intra-State Transmission Systemii. Distribution Systemb. Inter-se location of drawal and injection points:i. Distribution Systemii. Intra-State Transmission Systemiii. In different Statesc. Duration of Open Access:i. Long-term Open Accessii. Medium-term Open Accessiii. Short-term Open Accessd. Type of transaction:i. Collective Transactions through Power Exchange(s)ii. Bilateral Transactions as per mutual negotiation2. The Nodal Agency shall, within one-eighty (180) Days of notification of these Regulations provide a facility to submit the applications for Open Access through its website and/or other electronic media including mobile based application.
3. Subject to the provisions of these Regulations, the Nodal Agency, application fee, time frame for disposal of application and documents to accompany the application shall be as per the tables below :
Provided that the application fee for Open Access transactions involving Renewable Energy shall be 50% of the applicable fee.Table 2: Short-term Open Access (Nodal Agency, Fee, Time period and Documents)| S.No. | Inter-se location of injection & drawalpoint | Nodal Agency | Application Fee (•) | Time for disposal of the application (Daysfrom the receipt of application) | Documents required with the application |
| Applicant is connected to the distributionnetwork | |||||
| 1 | Both within the same Distribution Licensee | SLDC | 2,000 | As provided in Clause 3.7 | • Proof ofpayment of Application fee• PPA orSale?purchase agreement of power• Proof of installation of SEM |
| 2 | Both within the same State but in areas ofdifferent Distribution Licensees | SLDC | 5,000 | Same as above | Same as above. Additionally consent from allDistribution Licensees |
| 3 | Injection point in the Intra-State TransmissionSystem within the State | SLDC | 5,000 | Same as above | Same as above |
| 4 | Consumer opting to avail power supply from PowerExchange | NLDC | As per Central Commission's Regulations | ||
| 5 | In different States | RLDC | As per Central Commission's Regulations | ||
| Applicant is connected to the Intra-Statetransmission network | |||||
| 1 | Both within the same State (in Intra-StateTransmission Network) | SLDC | 5,000 | As provided in Clause 3.7 | • Proof ofpayment of Application fee• PPA orSale?purchase agreement of power• Proof of installation of SEM |
| 2 | Injection Point in the Distribution Networkwithin State | SLDC | 5,000 | Same as above | Same as above. |
| 3 | Consumer opting to avail power supply from PowerExchange | NLDC | As per Central Commission's Regulations | ||
| 4 | In different States | RLDC | As per Central Commission's Regulations |
| S.No. | Inter-se location of injection & drawalpoint | Nodal Agency | Application Fee (•) | Time for disposal of the application (Daysfrom the receipt of application) | Documents required with the application |
| Applicant is connected to the distributionnetwork | |||||
| 1 | Both within the same Distribution Licensee | SLDC | 25,000 | 20 | • Proof ofpayment of Application fee• Bank Guarantee• PPA orSale?purchase• In case ofGenerating Station or Consumer not already connected to the grid,documentary evidence for completion of the Connectivity showingthat the same shall be completed before the intended date of OpenAccess.• Proof of installation of SEM |
| 2 | Both within the same State but in areas ofdifferent Distribution Licensees | SLDC | 50,000 | 30 | Same as above. Additionally consent from allDistribution Licensees |
| 3 | Injection point in the Intra-State TransmissionSystem within the State | SLDC | 50,000 | 30 | Same as above |
| 4 | In different States | CTU | As per Central Commission's Regulations | ||
| Applicant is connected to the Intra-Statetransmission network | |||||
| 1 | Both within the same State (in Intra-Statetransmission network) | SLDC | 50,000 | 30 | • Proof ofpayment of Application fee• Bank Guarantee• PPA orSale?purchase agreement of power• PPA orSale?purchase agreement of power• In case ofGenerating Station or Consumer not already connected to the grid,documentary evidence for completion of the Connectivity showingthat the same shall be completed before the intended date of OpenAccess.• Proof of installation of SEM |
| 2 | Injection Point in the Distribution Networkwithin State | SLDC | 50,000 | 30 | Same as above. |
| 3 | In different States | CTU | As per Central Commission's Regulations |
| S.No. | Inter-se location of injection & drawalpoint | Nodal Agency | Application Fee (•) | Time for disposal of the application (Daysfrom the receipt of application) | Documents required with the application |
| Applicant is connected to the distribution network | |||||
| 1 | Both within the same Distribution Licensee | SLDC | 100,000 | 30 | • Proof ofpayment of Application fee• Bank Guarantee• PPA orSale?purchase agreement of power• In case ofGenerating Station or Consumer not already connected to the grid,documentary evidence for completion of the Connectivity showingthat the same shall be completed before the intended date of OpenAccess.• Proof of installation of SEM |
| 2 | Both within the same State but in areas ofdifferent Distribution Licensees | SLDC | 200,000 | • 120 Days whereaugmentation of Transmission/Distribution System is not required• 150 Days, otherwise | Same as above. Additionally consent from allDistribution Licensees |
| 3 | Injection point in the Intra-State TransmissionSystem within the State | STU | 200,000 | Same as above | Same as above |
| 4 | In different States | CTU | As per Central Commission's Regulations | ||
| Applicant is connected to the Intra-Statetransmission network | |||||
| 1 | Both within the same State (in Intra-Statetransmission network) | STU | 200,000 | • 120 Days whereaugmentation of Transmission/Distribution System is not required• 150 Days, otherwise | • Proof ofpayment of Application fee• Bank Guarantee• PPA orSale?purchase agreement of power• In case ofGenerating Station or Consumer not already connected to the grid,documentary evidence for completion of the Connectivity showingthat the same shall be completed before the intended date of OpenAccess.• Proof of installation of SEM |
| 2 | Injection Point in the Distribution Networkwithin State | STU | 200,000 | Same as above | Same as above. |
| 3 | In different States | CTU | As per Central Commission's Regulations |
2. The STU shall convey its consent in the case of application for grant of Long-term Open Access or Medium term Open Access or otherwise as per the provisions of Central Electricity Regulatory Commission Regulations, 2009 as amended from time to time. In case of Short-term Open Access, STU shall convey its consent or otherwise as per the provision of Central Electricity Regulatory Commission Regulations, 2008, as amended from time to time:
Provided that in respect of a Consumer connected to a Distribution System seeking Inter-State Long-term or Medium-term or Short-term Open Access, the SLDC, before giving its consent shall obtain the consent of the Distribution Licensee concerned in accordance with Clause 3.8 of the Regulations.2. Subject to provisions of these Regulations, the Coordination Committee shall prepare the Detailed Procedure for Connectivity and grant of Open Access including requisite formats and submit to the Commission for approval within sixty (60)Days of publication of these Regulations in the Official Gazette. The Detailed Procedure shall be issued after the approval of the Commission.
3. The Detailed Procedure shall, in particular, include:-
(a)Format for application of Connectivity;(b)Format for application of Long-term Open Access;(c)Format for application of Medium-term Open Access;(d)Format for application of Short-term Open Access;(e)Proforma for No Objection Certificate from the Distribution Licensee;(f)Standard formats for Connectivity Agreements;(g)Standard formats for Open Access Agreements;(h)Proforma of Undertaking;(i)Commercial terms and conditions as per Clause7.3 (2);(j)Guidelines for curtailment of Open Access;(k)Application format for drawal of standby power from the Distribution Licensee;(l)Illustrative example for computation of charges, including imbalance charges for an Open Access Consumer; and(m)General instructions2. The application shall be accompanied by a bank guarantee of Rupees ten thousand ( $$10,000) per MW or part thereof for the total power to be transmitted. The bank guarantee shall be in favour of the Nodal Agency in the format as per the Detailed Procedure.
3. The bank guarantee shall be kept valid till the execution of the Long-term Open Access agreement, when augmentation of Transmission System or Distribution System is required, and till the operationalization of the Long-term Open Access, when augmentation of Transmission System or Distribution System is not required.
4. On receipt of the application for Open Access, the Nodal Agency shall obtain all the permissions and clearances from the Distribution Licensees, SLDC, STU and other agencies, as may be required, for the Open Access transaction.
5. The Applicant shall submit any other information sought by the Nodal Agency including the basis for assessment of the power to be interchanged using the Intra-State Transmission System or Distribution System and the power to be transmitted to or from various entities or regions to enable the Nodal Agency to plan the Intra-State Transmission System and Distribution System in a comprehensive manner.
6. The bank guarantee shall be returned to the Applicant within fifteen (15) Days of signing of the Long-term Open Access agreement or operationalization of the Long-term Open Access, as applicable or rejection of such application.
7. The bank guarantee may be encashed by the Nodal Agency, if the application is withdrawn by the Applicant or the Long-term Open Access rights are relinquished prior to the start of such rights when augmentation of Transmission System or Distribution System is not required.
8. The Nodal Agency shall, in consultation and through coordination with other agencies involved in Intra-State Transmission System and /or 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 access is arrived at within the time frame specified in Clause 3.2 of the Regulations:
Provided that no application shall be rejected by the Nodal Agency without communicating the reasons in writing:Provided further that in absence of any communication related to grant of or rejection of Open Access within the time frame as stipulated in Clause 3.2 of the Regulations, the Open Access shall be deemed to have been granted, subject to system availability.9. Based on the system studies, the Nodal Agency shall specify the Intra-State Transmission System or Distribution System that would be required to provide Long-term Open Access:
Provided that where the Long-term Open Access can be allowed without augmentation, this shall be allowed immediately after entering into commercial agreements.10. In case augmentation to the existing Intra-State Transmission System and/or Distribution System is required, the same shall be intimated to the Applicant. Upon receipt of such information, the Applicant may request the Nodal Agency to carry out further system studies and preliminary investigation for the purpose of estimating the cost and the time that would be required for system strengthening:
Provided that the Nodal Agency shall intimate the cost estimates, likely completion schedule and estimated date from which Open Access shall be allowed after system strengthening within thirty (30) Days confirmation from the Applicant: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.11. The Applicant shall accordingly deposit the estimated amount for augmentation to the Nodal Agency.
12. While granting Long-term Open Access, the Nodal Agency shall communicate to the Applicant, the date from which Long-term Open Access shall be granted and an estimate of the transmission charges likely to be payable based on the prevailing costs, prices and methodology of sharing of transmission charges specified by the Commission.
13. Immediately after grant of Long-term Open Access, the Nodal Agency shall inform the SLDC so that the same is kept in view while considering requests for grant of Medium-term and Short-term Open Access, received by SLDC under these Regulations.
14. The Applicant shall sign an agreement for Long-term Open Access with the concerned Licensees in accordance with the provisions in the Detailed Procedure as under:
15. The Long-term Open Access agreement shall be on the agreement format provided in the Detailed Procedure and shall contain the date of commencement of Long-term Open Access, the point of injection of power into the grid, the point of drawal from the grid and the details of dedicated transmission line (s), if any. In case augmentation of Transmission System or Distribution System is required, the Long-term Open Access agreement shall contain the time line for construction of the same, the bank guarantee required to be provided by the Applicant and other Details as specified in the Detailed Procedure.
16. On receipt of a subsequent application for Long-term Open Access, where the dedicated system created at the expense of the previous Applicant can be used, the users of the said Transmission System shall pay the charges in proportion of their use of the system. However, this arrangement shall be subject to mutual consent of the parties involved.
17. On the expiry of the period of Long-term Open Access, the same may be extended by the Nodal Agency on receipt of a written request from such Consumer. The request shall be accompanied by the application fee in accordance with these Regulations:
Provided that such request is submitted at least six (6)Months prior to the date on which the existing Long term Open Access ends. The Long-term Open Access Consumer shall clearly mention in the request the period for which extension is required:Provided further that in case no written request is received from the Open Access Consumer within the specified time, the said Long-term Open Access shall stand terminated automatically at 2400 hours on the date up to which it was initially granted.18. After expiry of the period of the Long-term Open Access, the Open Access Consumer shall not be entitled to any overriding preference for renewal of the term.
19. A Long-term Open Access Consumer may relinquish the Long-term Open Access rights fully or partly before the expiry of the full term of the Long-term Open Access by making payment of compensation as provided in Clause 9.1 these Regulations.
2. The Application for grant of Medium-term Open Access shall be made to the Nodal Agency between three (3) Months to twelve (12)Months prior to the intended commencement of Open Access:
For Example: Application for grant of Medium-term Open Access commencing 1st August, 2016 shall be made between 1st August, 2015 and the last Day of April, 2016:Provided that the Nodal Agency shall inform the Applicant of any errors or missing information within two (2) Working Days of the receipt of the application.3. The application shall be accompanied by a bank guarantee of Rupees two thousand ( $$ 2000) per MW or part thereof for the total power to be transmitted. The bank guarantee shall be in favour of the Nodal Agency, in the manner laid down under the Detailed Procedure.
4. The bank guarantee shall be kept valid till operationalization of Medium-term Open Access.
5. The bank guarantee may be encashed by the Nodal Agency, if the application is withdrawn by the Applicant or the Medium-term Open Access rights are relinquished prior to the operationalisation of such rights.
6. On receipt of the application for Medium-term Open Access, the Nodal Agency shall obtain all the permissions and clearances from the Distribution Licensees, SLDC, STU and other agencies, as may be required, for the Open Access transaction.
7. The Nodal Agency shall, in consultation and coordination with other agencies involved in Intra- State Transmission and or Distribution System, process the application and carry out necessary system studies as expeditiously as possible so as to ensure that the decision to grant or refuse Medium-term Open Access is made within the specified time frame in Clause 3.2 of the Regulations:
Provided that no application shall be rejected by the Nodal Agency without communicating the reasons in writing:Provided further that in absence of any communication related to grant of or rejection of Open Access within the time frame as stipulated in Clause 3.2 of the Regulations, the Open Access shall be deemed to have been granted, subject to system availability.8. On being satisfied that the specified requirements, with respect to criteria for granting Medium-term Open Access are met, the Nodal Agency shall convey its decision for grant Medium-term Open Access for the period stated in the application:
Provided that for reasons to be recorded in writing, and with the consent of the Applicant, the Nodal Agency may grant Medium-term Open Access for a period less than that sought for by the Applicant:Provided further that in case the Open Access capacity available is less than the capacity sought and there are two (2) or more applications for the same period, then the available capacity shall be proportionally allotted to each Applicant if they so consent.9. The Applicant shall sign an agreement for Medium-term Open Access with the concerned Licensees in accordance with the provisions in the Detailed Procedure as under:
10. The Medium-Term Open Access agreement shall be on the agreement format provided in the Detailed
Procedure and shall contain the date of commencement and end of Medium-term Open Access, the point of injection of power into the grid and the point of drawal from the grid, the details of dedicated transmission lines, if any, bank guarantee required to be provided by the Applicant and such other details as specified in the Detailed Procedure.11. Immediately after grant of Medium-term Open Access, the Nodal Agency shall inform the SLDC, so that the SLDC can keep the same in view while processing requests for Short-term Open Access received under these Regulations.
12. Before the expiry of the period of Medium-term Open Access, the same may be extended by the Nodal Agency on receipt of a written request from such Consumer accompanied by the non-refundable application fee for Medium-term Open Access as prescribed in the Regulations:
Provided that such request is submitted at least one (1) Month prior to the date on which the existing Medium-term Open Access ends. The Consumer shall clearly mention in the request the period for which extension is required.13. After expiry of the period of the Medium-term Open Access, the Open Access Consumer shall not be entitled to any overriding preference for renewal of the term.
14. A Medium-term Open Access Consumer may relinquish the MTOA rights, fully or partly, by giving notice and paying the compensation amount to the Nodal Agency as provided in Clause 9.1of these Regulations.
2. Open Access on`first come first served Basis:
3. Day-ahead Open Access:
4. The reserved capacity by a Short-term Open Access Consumer is not transferable to others.
5. The capacity available as a result of surrender or reduction or cancellation of the reserved capacity by the SLDC, may be reserved for any other Short-term Open Access Consumer in accordance with these Regulations.
6. Upon expiry of the period of Short-term Open Access, the Consumer, Generating Station or Licensee, as the case may be, shall not be entitled to any priority for renewal of the term.
2. Intra-State Open Access - (i) While processing the application from an Applicant seeking Intra-State Open Access, the respective Licensee shall verify the following, namely-
(a)Existence of infrastructure necessary for time-block-wise energy metering and accounting in accordance with the provisions of the State Grid Code in force;(b)Availability of capacity in the Transmission and Distribution network; and(c)Availability of Remote Terminal Unit (RTU) and communication facility to transmit real-time data to the SLDC or Distribution Control Centre (DCC), if applicable;(ii)Where existence of necessary infrastructure and availability of capacity in the Transmission and/or Distribution Network has been established, the Transmission and/or Distribution Licensee shall convey its consent to the Nodal Agency by e-mail or fax or by any other usually recognized mode of communication, within three (3) Working Days of receipt of the application;(iii)In case the Transmission and/or Distribution Licensee finds that the application for Open Access is incomplete or defective in any respect, it shall communicate the deficiency or defect to the Nodal Agency by e-mail or fax or by any other usually recognized mode of communication, within two (2) Working Days of receipt of the application;(iv)In case the application has been found to be in order but the Transmission and/or Distribution Licensee refuses to give consent on the grounds of non- existence of necessary infrastructure or unavailability of surplus capacity in the Transmission and/or Distribution network, such refusal shall be communicated to the Nodal Agency by e-mail or fax or by any other usually recognized mode of communication, within the period of three (3) Working Days from the date of receipt of the application, along with reasons for such refusal;(v)Where the Transmission and/or Distribution Licensee has not communicated any deficiency or defect in the application within two (2) Working Days from the date of receipt of the application, or refusal or consent within the specified period of three (3) Working Days from the date of receipt of the application as the case may be, consent shall be deemed to have been granted.2. When two (2) or more applications are received on the same Day, the priority shall be defined in the order of priority from highest to lowest as listed below:
Table 5: Order of priority for grant of Open Access| Order of priority for grant of Open Access | Allotment |
| Priority 1 | Distribution Licensee (irrespective of whetherOpen Access sought is for Long-term, Medium-term or Short-term) |
| Priority 2 | Other Long-term Open Access Applicants |
| Priority 3 | Other Medium-term Open Access Applicants |
| Priority 4 | Other Short-term Open Access Applicants |
3. An existing Open Access Consumer shall have priority higher than new Open Access Applicants under the respective category provided the existing Open Access Consumer applies for renewal within the timelines as specified in the respective procedures for Open Access prior to the expiry of the existing term of Open Access.
Chapter 4
Open Access Charges
4.
1. Transmission Charges. - 1. An Open Access Consumer using the Intra-State Transmission System, shall pay transmission charges to the State Transmission Utility or the Intra-State Transmission Licensee other than the State Transmission Utility for usage of their system as determined by the Commission in the Tariff Order from time to time:
Provided that transmission charges shall be payable on the basis of contracted capacity in case of Long-term and Medium-term Open Access Consumers and on the basis of scheduled load in case of Short-term Open Access Consumers. For Open Access for a part of a Day, the transmission charges shall be payable as under:a. Up to six (6) hours in a Day in one (1) block: 1/4th of the charges for Long-term and Medium-term users;b. More than six (6) hours and up to twelve (12) hours in a Day in one (1) block: ½ of the charges for Long-term and Medium term users; andc. More than twelve (12) hours and upto twenty-four (24) hours in a Day in one (1) block: equal to Long term and Medium-term usersProvided further that where a dedicated Transmission System has been constructed for the exclusive use of or is being used exclusively by an Open Access Consumer, the transmission charges for such dedicated system shall be worked out by Intra-State Transmission Licensee and got approved by the Commission. These charges shall be borne entirely by such Open Access Consumer till such time the surplus capacity is allotted and used for by other Open Access Consumers or other purposes, after which these transmission charges for such dedicated system shall be shared in the ratio of allotted capacities.2. When capacity has been reserved consequent to bidding, the transmission charges will be taken as determined through bidding in accordance with Clause 3.7(1) (vii).
3. 75%of charges collected from the Short-term Open Access Consumers shall be adjusted towards reduction in the charges payable by the Long-term and Medium-term Open Access Consumers.The remaining 25% of the charges collected from Short-term Open Access users shall be retained by the respective Licensee:
Provided that in case of any conflict between this provision and a similar provision in the Multi-year Tariff Regulations, the provision contained in the Multi-year Tariff Regulations shall prevail.2. Wheeling Charges shall not be applicable in case a Consumer or Generating Station or Licensee is not utilizing the distribution network for the purpose of receiving power through Open Access.
3. When capacity has been reserved consequent to bidding, the wheeling charges shall be taken as determined through bidding in accordance with Clause 3.7(1) (vii).
4. 75% of charges collected from the Short-term Open Access Consumers shall be adjusted towards reduction in the charges payable by the Long-term and Medium-term Open Access Consumers. The remaining 25% of the charges collected from Short-term Open Access users shall be retained by the respective Licensee:
Provided that in case of any conflict between this provision and a similar provision in the Multi-year Tariff Regulations, the provision contained in the Multi-year Tariff Regulations shall prevail.1. For Inter-State Open Access:
a. Long-term Open Access and Medium-term Open Accessi. Regional Load Despatch Centre fees and charges including charges for the Unified Load Despatch and Communication Scheme as specified by the Central Commission under Section 28(4) of the Act.ii. SLDC fees and charges as specified by the Commission under sub-section (3) of Section 32 of the Act.b. Short-term Open Accessi. Regional Load Despatch Centre and SLDC fees and charges as specified by the Central Commission.2. For Intra-State Open Access
i. The scheduling and system operation charges payable to the SLDC by Long-term and Medium-term Open Access users shall be same as determined by Commission the Commission under sub-section (3) of Section 32 of the Act.ii. The scheduling and system operation charges of Rupees two thousand ( $$ 2000) per Dayor part of the Dayor as determined by the Commission from time to time shall be paid by a Short-term Open Access user to SLDC.iii. The scheduling and system operation charges collected by the SLDC in accordance with Clause (ii) above shall be in addition to charges determined by the Commission under Section 32 of the Act. These will be however adjusted in the subsequent ARR of SLDC.iv. The scheduling and system operation charges shall be payable even when the Open Access Consumer happens to be a generating company or Trading Licensee, availing Open Access under these Regulations.2. The amount of surcharge shall be paid to the Distribution Licensee of the area of supply in which such Consumer is located. In case of more than one (1) Licensee supplying in the same area, the Licensee from whom the Consumer was availing supply shall be paid the amount of surcharge:
Provided that no surcharge shall be levied on a person who has established a captive generation plant and carries the electricity to the destination of his own use:Provided further that no surcharge shall be levied in respect of Open Access power purchase during the period when full power cut restrictions are imposed by the Distribution Licensee.3. The Consumers located in the area of supply of a Distribution Licensee but availing Open Access exclusively on Inter-State Transmission System, shall also pay the surcharge as determined under these Regulations.
4. The cross subsidy surcharge on purchase of power from a renewable source shall be governed by the relevant Orders of the Commission.
2. This additional surcharge shall become applicable only if the obligation of the Licensee in terms of power purchase commitments has been and continues to be stranded or there is an unavoidable obligation and incidence to bear fixed costs by the Licensee consequent to such a contract. However, the fixed costs related to network assets would be recovered through wheeling charges.
3. With its tariff petition, the Distribution Licensee shall submit to the Commission, detailed computations of the fixed cost which it is incurring towards its obligation to supply, and the actual expenses incurred vis-a-vis those approved by the Commission.
4. The Commission shall determine the category-wise additional surcharge to be recovered by the Distribution Licensee from an Open Access Consumer, based on the following principles:
5. Additional Surcharge may have following two(2) components to cover for:
a. stranded power under long-terms PPAs; andb. stranded physical assets;6. Additional surcharge determined on per unit basis shall be payable on Monthly basis by all Open Access Consumers who had maintained some demand with the Distribution Licensee in past or continues to do so, based on the actual energy drawn during the Month through Open Access.
7. The Additional Surcharge shall not be payable by a Generating Station, Trading Licensee or Power Exchange.
2. The Distribution Licensee shall provide standby power to such Open Access Consumer subject to availability of requisite quantum of power and subject to the technical constraints in the concerned area of supply.
3. For providing standby power to the Open Access Consumer, the Distribution Licensee shall be entitled to charge applicable temporary supply tariff for that category of Consumer in the prevailing rate schedule:
Provided that in cases where temporary rate of charge is not available for that Consumer category, the standby arrangements shall be provided by the Distribution Licensee on payment of fixed charges for forty-two (42) Days and energy charges at the rate of 125% of the energy charges for that category of Consumer in the prevailing rate schedule.4. The Open Access Consumers would have the option to arrange standby power from any other source subject to the conditions that such power shall be drawn through the same system for which Open Access has been granted.
1. The Open Access Consumer will pay to the Distribution Licensee for VAR drawal (measured by interface meter) when voltage at the interface metering point is below 97%;
2. The Open Access Consumer will be paid by the Distribution Licensee for VAR injection (measured by interface meter) when voltage at the interface metering point is below 97%;
3. The Open Access Consumer will be paid by the Distribution Licensee for VAR drawal (measured by interface meter) when voltage at the interface metering point is above 103%; and
4. The Open Access Consumer will pay to the Distribution Licensee for VAR injection (measured by interface meter) when voltage at the interface metering point is above 103%.
| S.No. | Inter-se location of injection & drawalpoint | Applicable charges | Applicable losses |
| Applicant is connected to the distributionnetwork | |||
| 1 | Both within the same Distribution Licensee | • WheelingCharge• Cross Subsidysurcharge• Additionalsurcharge, if any• Stand-bycharges, if any• ReactiveEnergy Charges, as applicable• Scheduling andsystem operation charges• Imbalance charges, if any | • Distribution loss in kind at relevantvoltage level |
| 2 | Both within the same State but in areas ofdifferent Distribution Licensees | • WheelingCharge• Cross Subsidysurcharge• Additionalsurcharge, if any• Stand-bycharges, if any• ReactiveEnergy Charges, as applicable• Scheduling andsystem Operating Charges, as applicable• Intra-StateTransmission Charges, if applicable• Imbalance charges, if any | • Distributionloss in kind at relevant voltage level in respect of both theDistribution Licensee• Intra-State Transmission Loss in kind, ifapplicable |
| 3 | Injection point in the Intra-State TransmissionSystem within the State | • WheelingCharge• Cross Subsidysurcharge• Additionalsurcharge, if any• Stand-bycharges, if any• ReactiveEnergy Charges, as applicable• Scheduling andsystem Operating Charges as applicable• Intra-StateTransmission Charges• Imbalance charges, if any | • Distributionloss in kind at relevant voltage level• Intra-State Transmission Loss in kind |
| 4 | Consumer opting to avail power supply from PowerExchange | • WheelingCharge• Cross Subsidysurcharge• Additionalsurcharge, if any• Stand-bycharges, if any• ReactiveEnergy Charges, as applicable• Scheduling andsystem Operating Charges as applicable (Inter-State andIntra-State)• Intra-StateTransmission Charges• Inter-StateTransmission Charges• Power ExchangeCharges• Imbalance charges, if any | • Distributionloss in kind at relevant voltage level• Intra-StateTransmission Loss• Inter-State Transmission Loss in kind |
| 5 | In different States | • WheelingCharge• Cross Subsidysurcharge• Additionalsurcharge, if any• Stand-bycharges, if any• ReactiveEnergy Charges, as applicable• Scheduling andsystem Operating Charges as applicable (Inter-State andIntra-State)• Intra-StateTransmission Charges• Inter-StateTransmission Charges• Imbalance charges, if any | • Distributionloss in kind at relevant voltage level• Intra-StateTransmission Loss• Inter-State Transmission Loss in kind |
| Applicant is connected to the Intra-Statetransmission network | |||
| 1 | Both within the same State (in Intra-StateTransmission Network) | • Intra-StateTransmission Charges• Cross Subsidysurcharge• ReactiveEnergy Charges, as applicable• Scheduling andsystem Operating Charges as applicable• Imbalance charges, if any | • Intra-State Transmission Loss in kind |
| 2 | Injection Point in the distribution networkwithin State | • Intra-StateTransmission Charges• WheelingCharges• Cross Subsidysurcharge• ReactiveEnergy Charges, as applicable• Scheduling andsystem Operating Charges as applicable• Imbalance charges, if any | • Distributionloss in kind at relevant voltage level• Intra-State Transmission Loss in kind |
| 3 | Consumer opting to avail power supply from PowerExchange | • Cross Subsidysurcharge• Additionalsurcharge, if any• Stand-bycharges, if any• ReactiveEnergy Charges, as applicable• Scheduling andsystem Operating Charges as applicable (Inter-State andIntra-State)• Intra-StateTransmission Charges• Inter-StateTransmission Charges• Power ExchangeCharges• Imbalance charges, if any | • Intra-StateTransmission Loss in kind• Inter-State Transmission Loss in kind |
| 4 | In different States | • Intra-StateTransmission Charges• Inter-StateTransmission Charges• Cross Subsidysurcharge• ReactiveEnergy Charges, as applicable• Scheduling andsystem Operating Charges as applicable (Inter-State andIntra-State)• Imbalance charges, if any | • Intra-StateTransmission Loss in kind• Inter-State Transmission Loss in kind |
| S.No. | Inter-se location of injection & drawalpoint | Applicable charges | Applicable losses |
| Applicant is connected to the distributionnetwork | |||
| 1 | Both within the same Distribution Licensee | • WheelingCharge• Cross Subsidysurcharge• Additionalsurcharge• Stand-bycharges, if any• ReactiveEnergy Charges, as applicable• Scheduling andsystem operation charges• Imbalance charges, if any | • Distribution loss in kind at relevantvoltage level |
| 2 | Both within the same State but in areas ofdifferent Distribution Licensees | • WheelingCharge• Cross Subsidysurcharge• Additionalsurcharge• Stand-bycharges, if any• ReactiveEnergy Charges, as applicable• Scheduling andsystem Operating Charges, as applicable• Intra-StateTransmission Charges, if applicable• Imbalance charges, if any | • Distributionloss in kind at relevant voltage level in respect of both theDistribution Licensee• Intra-State Transmission Loss in kind, ifapplicable |
| 3 | Injection point in the Intra-State TransmissionSystem within the State | • WheelingCharge• Cross Subsidysurcharge• Additionalsurcharge• Stand-bycharges, if any• ReactiveEnergy Charges, as applicable• Scheduling andsystem Operating Charges as applicable• Intra-StateTransmission Charges• Imbalance charges, if any | • Distributionloss in kind at relevant voltage level• Intra-State Transmission Loss in kind |
| 4 | In different States | • WheelingCharge• Cross Subsidysurcharge• Additionalsurcharge• Stand-bycharges, if any• ReactiveEnergy Charges, as applicable• Scheduling andsystem Operating Charges as applicable (Inter-State andIntra-State)• Intra-StateTransmission Charges• Inter-StateTransmission Charges• Imbalance charges, if any | • Distributionloss in kind at relevant voltage level• Intra-StateTransmission Loss• Inter-State Transmission Loss in kind |
| Applicant is connected to the Intra-Statetransmission network | |||
| 1 | Both within the same State (in Intra-StateTransmission Network) | • Intra-StateTransmission Charges• Cross Subsidysurcharge• Additional surchange• ReactiveEnergy Charges, as applicable• Scheduling andsystem Operating Charges as applicable• Imbalance charges, if any | • Intra-State Transmission Loss in kind |
| 2 | Injection Point in the distribution networkwithin State | • Intra-StateTransmission Charges• WheelingCharges• Additional surchange• Cross Subsidysurcharge• ReactiveEnergy Charges, as applicable• Scheduling andsystem Operating Charges as applicable• Imbalance charges, if any | • Distributionloss in kind at relevant voltage level• Intra-State Transmission Loss in kind |
| 3 | In different States | • Intra-StateTransmission Charges• Inter-StateTransmission Charges• Cross Subsidysurcharge• Additional surcharge• ReactiveEnergy Charges, as applicable• Scheduling andsystem Operating Charges as applicable (Inter-State andIntra-State)• Imbalance charges, if any | • Intra-StateTransmission Loss in kind• Inter-State Transmission Loss in kind |
| S.No. | Inter-se location of injection & drawalpoint | Applicable charges | Applicable losses |
| Applicant is connected to the distributionnetwork | |||
| 1 | Both within the same Distribution Licensee | • WheelingCharge• Cross Subsidysurcharge• Additionalsurcharge, if any• Stand-bycharges, if any• ReactiveEnergy Charges, as applicable• Scheduling andsystem operation charges• Imbalance charges, if any | • Distribution loss in kind at relevantvoltage level |
| 2 | Both within the same State but in areas ofdifferent Distribution Licensees | • WheelingCharge• Cross Subsidysurcharge• Additionalsurcharge, if any• Stand-bycharges, if any• ReactiveEnergy Charges, as applicable• Scheduling andsystem Operating Charges, as applicable• Intra-StateTransmission Charges, if applicable• Imbalance charges, if any | • Distributionloss in kind at relevant voltage level in respect of both theDistribution Licensee• Intra-State Transmission Loss in kind, ifapplicable |
| 3 | Injection point in the Intra-State TransmissionSystem within the State | • WheelingCharge• Cross Subsidysurcharge• Additionalsurcharge, if any• Stand-bycharges, if any• ReactiveEnergy Charges, as applicable• Scheduling andsystem Operating Charges as applicable• Intra-StateTransmission Charges• Imbalance charges, if any | • Distributionloss in kind at relevant voltage level• Intra-State Transmission Loss in kind |
| 4 | In different States | • WheelingCharge• Cross Subsidysurcharge• Additionalsurcharge• Stand-bycharges, if any• ReactiveEnergy Charges, as applicable• Scheduling andsystem Operating Charges as applicable (Inter-State andIntra-State)• Intra-StateTransmission Charges• Inter-StateTransmission Charges• Imbalance charges, if any | • Distributionloss in kind at relevant voltage level• Intra-StateTransmission Loss in Kind• Inter-State Transmission Loss in kind |
| Applicant is connected to the Intra-Statetransmission network | |||
| 1 | Both within the same State (in Intra-StateTransmission Network) | • Intra-StateTransmission Charges• Cross Subsidysurcharge• Additional surchange• ReactiveEnergy Charges, as applicable• Scheduling andsystem Operating Charges as applicable• Imbalance charges, if any | • Intra-State Transmission Loss in kind |
| 2 | Injection Point in the distribution networkwithin State | • Intra-StateTransmission Charges• WheelingCharges• Cross Subsidysurcharge• Additional surcharge• ReactiveEnergy Charges, as applicable• Scheduling andsystem Operating Charges as applicable• Imbalance charges, if any | • Distributionloss in kind at relevant voltage level• Intra-State Transmission Loss in kind |
| 3 | In different States | • Intra-StateTransmission Charges• Inter-StateTransmission Charges• Cross Subsidysurcharge• Additional surcharge• ReactiveEnergy Charges, as applicable• Scheduling andsystem Operating Charges as applicable (Inter-State andIntra-State)• Imbalance charges, if any | • Intra-StateTransmission Loss in kind• Inter-State Transmission Loss in kind |