Section 4(1) in Orissa Electricity Regulatory Commission (Terms and Conditions for Open Access) Regulation, 2005
(1)The licensees and the generating companies including the persons who have established a captive generating plant and the consumers shall be eligible for non-discriminatory open access to the intra-state transmission system of the State Transmission Utility (STU) or any transmission licensee subject, however, to the availability of adequate transmission facility in such intra-state transmission system and further subject to the payment of the transmission charges as may be determined by the Commission from time to time :Provided that in the event such open access is for the use by a consumer including the transmission or for otherwise conveyance or wheeling of electricity as required by any person for delivery to such consumer in the area of supply of a distribution licensee in the State, the open access to the intrastate transmission system shall be subject to payment of a surcharge as may be determined by the Commission from time to time under Sub-section (2) of Section 42 of the Act.
