Section 3 in The Maharashtra Electricity Regulatory Commission (Distribution Open Access) Regulations, 2014
3. Eligibility to seek Open Access and Nodal Agency.
- 3.1 Subject to the provisions of these Regulations, a consumer having contract demand of 1 MW and above and where the minimum power to be made available for Open Access at any time is 1 MW and above, shall be eligible for seeking Open Access to the distribution system of such Distribution Licensee for obtaining supply of electricity from a Generating Company or Captive Power Plant or from a Licensee other than such Distribution Licensee or through the Power Exchange :Provided that Open Access Consumers may avail Open Access from Multiple Generating Companies only to extent so as to meet their Renewable Purchase Obligations as specified in the MERC (Renewable Purchase Obligation, its Compliance and Implementation of REC Framework) Regulations, 2010 and as amended from time to time :Provided that for the purpose of unit conversion from MVA/kVA to MW/kW, the unity power factor shall be considered :Provided that the necessary conditionality mentioned in Regulation 3.1 about minimum power to be made available for Open Access at any time is 1 MW and above, for being eligible for seeking Open Access shall not be applicable for Open Access getting 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 :Provided also that the Maximum Demand of such consumer or person in each financial year subsequent to his being granted Open Access shall be equal to or greater than seventy (70) percent of the threshold level at which he has become eligible for Open Access. If the consumers fail in achieving maximum demand in three consecutive months, failing which the Distribution Licensee shall be entitled to levy a penalty equal to the two times wheeling charges for the financial year or part thereof for which he had failed to achieve such Maximum Demand :Provided also that, if such consumer or person has not complied with the above proviso in consecutive 3 months, the Distribution Licensee may initiate the process of reassessment and reinstatement/reduction of Contract Demand :Explanation. - For the purposes of these Regulations, a consumer who is otherwise eligible for Open Access in accordance with Regulation 0 and who wishes to procure power through a Power Exchange must either be a 'Member' or must procure power through a 'Member' of any power exchange, in accordance with the Central Electricity Regulatory Commission (Power Market) Regulations, 2010, as amended from time to time :Provided that power procurement through Power Exchange shall be permissible only on week-ahead basis or higher denomination of days and not on Day-Ahead basis :Provided that for Rooftop Solar projects, the Commission by general or specific Order or Regulations may specify separate terms and conditions :Provided that individual eligible consumers in Distribution Franchisee Area may apply for Open Access, in accordance with these Regulations. Individual eligible consumers should have metering and other infrastructure for seeking Open Access in accordance with these Regulations.However, Distribution Franchisee shall not be eligible for seeking Open Access :Provided that the Open Access quantum shall be limited to the Original Contract Demand before seeking Open Access of the consumer with the Distribution Licensee for availing Open Access from Generating Stations other than 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.3.2Nodal Agency3.2.1. The nodal agency for grant of connectivity, for Long-term Open Access, Medium-term Open Access and Short-term Open Access to the Distribution system shall be the Distribution Licensee to whom the consumer and or the generating station is connected. In case both the generating station and the consumer are connected to the distribution system of a Distribution Licensee, the nodal agency in such a case will be the Distribution Licensee to whose network the consumer is connected. In case neither the consumer or the generating station are connected to the network of a Distribution Licensee, then the Nodal Agency shall be in accordance with the CERC (Grant of Connectivity, Long-term Access and Medium-term Open Access in inter-State Transmission and related matters) Regulations, 2009 and as amended from time to time, if applicable, otherwise the Nodal Agency shall be the Distribution Licensee in whose area of supply the consumer is located.
