1.
Short title and
commencement.
a) These regulations may be called the West Bengal Electricity Regulatory
Commission (Open Access) Regulations, 2007.
b) They shall come into force on the date of their publication in the Official
Gazette.
2.
Definitions
2.1 In these regulations, unless the context
otherwise requires:
a) “Act” means the Electricity Act, 2003;
b) “ABT” means the Availability Based Tariff as specified in the Tariff Regulations;
c) “Area Load Despatch Centre” or “ALDC” has the same meaning as assigned
to it in the State Grid Code.
d) “Backup Power” means the power supplied to an Open Access Customer, other
than a Licensee or a generating company excluding a Captive Generating Plant, out
of the available power of the Connected Licensee when power from open access
source is not available to the Open Access Customer or as and when required;
e) “Bulk Power Transmission Agreement” means the open access agreement under
regulation 12.1(a) between the Open Access Customer and the Transmission Licensee
for transmission or wheeling of power through the Transmission Licensee’s
transmission lines / system;
f)
“Bulk Power Wheeling Agreement”
means the open access agreement under regulation 12.1(a) between the Open
Access Customer and the Distribution Licensee for wheeling of power through the
Distribution Licensee’s distribution system and associated facilities;
g) “Capacity Charges” means the capacity charges as specified in the Tariff
Regulations;
h) “Captive Generating Plant” means the Captive Generating Plant as defined
in the Tariff Regulations;
i)
“Commission” means the West Bengal
Electricity Regulatory Commission;
j)
“Connected Licensee” means a Licensee
or any person who is engaged in the business of supplying electricity to the
public under the Act or any other law for the time being in force and whose
works are connected with the premises of any person including an Open Access
Customer;
k) “Distribution Licensee” means a Distribution Licensee as defined in the Tariff
Regulations;
l)
“Distribution System Network” means the distribution system
of a Distribution Licensee in his area of supply;
m)
“emergency requirement” means the requirement of supply of Start-up
Power or survival power for generating stations in case of total power failure
and / or power for failure in supply of power from open access source of an
Open Access Customer for which there may be threat to public safety;
n) “Energy Charge” means the energy charge as specified in the Tariff Regulations;
o) “Force Majeure Event” means the Force Majeure Event as defined in the Tariff
Regulations;
p) “Incidental Power” means the power supplied by a Connected Licensee to
an Open Access Customer, other than a Licensee or a generating company
excluding a Captive Generating Plant, by virtue of connectivity with the grid and
incidental due to stoppage of power from open access source till receipt of
intimation by the Open Access Customer at the drawal point that power from his open
access source is not available;
q) “Intending Distribution System User” means the person who, being
eligible for open access in distribution system, has applied for allocation of
or increase in allocated capacity rights for the purpose of wheeling and has
agreed to the carrying out of works on obtaining such access;
r) “Intending Transmission System User” means the person who, being
eligible for open access in transmission, has applied for allocation of or
increase in allocated capacity rights for the purpose of transmission and has
agreed to the carrying out of works for obtaining such access;
s) “Licensee” means the holder of a licence granted by the Commission
including a deemed Licensee under 1st to 5th proviso to
section 14 of the Act, persons exempted under section 13 or 8th
proviso to section 14 of the Act and the holder of a licence granted by the
Central Electricity Regulatory Commission;
t)
“Long Term Customer” means an Open
Access Customer availing Long Term Open Access;
u) “Long Term Open Access” means a period of 15 years or more for which
Open Access Customer has availed or intended to avail open access;
v) “Nodal Agency” means the Nodal Agency as specified in regulation 9;
w) “Open Access Customer” means a person using or intending to use the
transmission system or the distribution system of any Licensee(s) or any person
engaged in the business of supplying electricity to the public under the Act or
any other law for the time being in force in the State for transmission and
wheeling of electricity and includes a person who has availed or intends to
avail open access under section 42 of the Act;
x) “open access source” means a generating station or any person holding
appropriate licence for distribution or trading of electricity from which /
whom the power can be accessed by an Open Access Customer;
y) “Ownership” of a generating station or Captive Generating Plant shall
have the meaning as has been prescribed in the Electricity Rules, 2005;
z) “Regulations” means the regulations made under the Act;
aa) “RLDC” means the RLDC as defined in the State Grid Code;
bb) “Rules’ means the rules made under the Act;
cc) “Safe Capacity” means continuous current carrying capacity considering
outage of the largest element in such transmission and associated system or as
stipulated in the planning criteria by the appropriate authority;
dd) “Short Term Customer” means an Open Access Customer availing Short Term
Open Access;
ee) “Short Term Open Access” means a period not exceeding four months at a
stretch for which an Open Access Customer has availed or intends to avail open
access;
ff) “SLDC” means the SLDC as defined in the Tariff Regulations;
gg) ”Standby Power” means power supplied to an Open Access Customer, other
than a Licensee or a generating company excluding a Captive Generating Plant, by
the Connected Licensee against booking of a reserved generation capacity by
such Open Access Customer or reserved allocation for such Open Access Customer when
power from open access source is not available to the Open Access Customer or
as and when required but subject to Force Majeure Event;
hh) “Start-up Power” means the power required by any generating station or Captive
Generating Plant for black start-up or cold start-up of the generating station
within the State;
ii) “State” means the State of
jj) “STU” means the STU as defined in the Tariff Regulations;
kk) “Tariff Regulations” mean the regulations specified by the Commission
under section 61 of the Act;
ll) “Transmission Licensee” means the Transmission Licensee as defined in
the Tariff Regulations;
mm)
“Transmission System” means the
Transmission System as defined in the Tariff Regulations;
2.2 Words or expressions used and not defined
in these regulations but defined in the Act shall have the meanings respectively
assigned to them in the Act.
3.
Extent of
Application
3.1
These regulations shall apply to
open access for use of intra-state transmission lines and/or distribution
systems and associated facilities with such lines or systems of the Licensee(s)
under the purview of the Commission including any such lines and/or systems as
are used in conjunction with inter-State transmission lines.
3.2
These regulations shall apply to all
Open Access Customers who are at present availing open access by orders of the
Commission or had been granted open access by the Commission and notwithstanding
anything to the contrary contained in earlier Regulations or orders of the
Commission, these regulations shall have overriding effect.
4.
Eligibility for open access:
4.1
Transmission:
Subject to the
provisions of these regulations, a Licensee or a generating company or a Captive
Generating Plant or a consumer or any person engaged in the business of
supplying electricity to the public under the Act or any other law for the time
being in force or any other person shall be eligible for open access to the
intra-State transmission lines or associated facilities of the STU or any Transmission
Licensee on payment of the charges, as may be specified by the Commission, for
using the transmission system of the Transmission Licensee.
4.2
Distribution:
Subject to the
provisions of these regulations and the regulations made under fifth proviso to
sub-section (2) of section 42 of the Act, a Licensee or a generating company or
a Captive Generating Plant or a consumer or any person
engaged in the business of supplying electricity to the public under the Act or
any other law for the time being in force or any other person shall be eligible for open access to the distribution system and
associated facilities of a Distribution Licensee on payment of charges, as may
be specified by the Commission, for using the distribution system and the
associated facilities of the Distribution Licensee.
4.3
A Short Term Customer shall be
eligible and also re-eligible to obtain fresh reservation of capacity for open
access after expiry of his term, subject to the provisions of these regulations.
4.4
A person having been declared
insolvent or bankrupt shall not be eligible for open access.
4.5
A person having outstanding dues of
any Transmission Licensee or Distribution Licensee, against billing, for two
months or more shall become eligible for open access only after clearing his
outstanding dues.
4.6
If an applicant for open access has
already been charged for having committed any offence under the Act, his
application for open access shall be considered only after a competent court of
law clears him of the charges.
4.7
An Open Access Customer, after
expiry of his open access term, will not have any priority for getting open
access under any new application for open access by virtue of his earlier
status of Open Access Customer.
5. Special Provisions for Existing Distribution Licensees
A Distribution Licensee
using intra-State transmission lines and / or the distribution systems and
associated facilities with such lines and systems in the State on the date of
coming into force of these regulations under an existing agreement shall be
entitled to continue to avail open access on such transmission and distribution
systems along with the associated facilities on the same terms and conditions
of the existing agreement and on payment of transmission charges and wheeling
charges as may be determined by the Commission from time to time.
However, where the
Distribution Licensee is using such facilities not under an existing agreement
but through an informal arrangement then a formal agreement shall be signed by
the Distribution Licensee on such terms and conditions which are otherwise in
line with the existing arrangement for a period of 2 years and on
payment of such transmission charges and wheeling charges as may be determined
by the Commission from time to time.
6. Allotment Priority
6.1
The priority for allowing open
access to the following categories of Open Access Customers shall be as per the
following descending order of priority:
a)
A Distribution Licensee to the
extent of its requirement for its consumers within the State and for supplying
power to other Licensees.
b)
Power fully based on cogeneration
within the State.
c)
Power fully based on wind.
d)
Power fully based on hydro.
e)
Power fully based on renewable
sources other than hydro and wind.
f)
Power from captive generation based
on gas.
g)
Power from captive generation based
on coal.
h)
Power from captive generation based
on oil.
i)
Other sources, if any, not covered
under (a) to (h).
6.2
a) The inter se priority within each category of Open Access Customers
as mentioned in regulation 6.1 shall be decided on first come first served
basis.
b) The Long Term Customers shall have priority
over Short Term Customers within each category.
c) In case of intra-State transmission and / or
wheeling through a network of any Licensee, the SLDC may reduce or cancel
transmission and / or wheeling capacity reserved for an Open Access Customer,
if any problem arises for congestion subsequent to granting and / or starting
of such open access operation. Such reduction / cancellation by the SLDC shall
be in the reverse order of allotment priority mentioned in regulation 6.1. The
decision of the SLDC to reduce or cancel transmission and / or wheeling
capacity temporarily or permanently shall be intimated by the SLDC to the Open
Access Customer as soon as possible.
6.3
Notwithstanding anything contained
in regulations 6.1 and 6.2, the Commission may, by order, change the priority
of allotment of open access to enable flow of adequate power to consumers
providing essential services including public pumping station, medical care,
mass transportation, dairy, airport, underground mines, etc. or when unforeseen
natural calamities or other emergencies seriously disrupt public life.
6.4
Notwithstanding anything contained
in regulations 6.1, 6.2 and 6.3, the open access for emergency requirement shall
have the highest priority.
6.5
The Open Access Customers will have
to indicate in their applications for open access the potential hazards concerning
public safety in line with the Environment (Protection) Act, 1986 and any other
law as applicable. On the basis of such declaration and subject to approval by
the Commission after due consideration of such declaration the Open Access
Customer will be listed for open access from different sources for emergency
requirement.
6.6
The trial run requirement for
assessing technical feasibility of power flow from one point to another point
is to be decided by the Transmission Licensee or the Distribution Licensee, as
the case may be, and accordingly scheduling is to be done with due consultation
with the SLDC.
7.
Criteria for
allowing open access:
The capacity
available for open access shall be considered after taking into account the
following factors.
7.1 Transmission lines and Associated
Systems:
a) In respect of transmission lines and associated systems forming part of
evacuation system of a generating station, load flows anticipated on line at
assessed output from the generating station with outage of any one of the
single or double circuit line emanating from the generating station.
b)
i) Maximum
load on such transmission and associated system recorded during the previous
year vis-à-vis Safe Capacity of such system;
ii)
The appropriate load growth
potential on such transmission and associated system;
iii)
Additional investment planning on
new lines or improvement in lines / systems;
iv)
The capacity already allotted for
open access for the relevant period;
v)
Requirement, if any, of the State
Grid Code, RLDC, SLDC;
vi)
Evacuation network from on-going generating
projects;
vii)
Network augmentations / reorganization
plan to provide reliability in supply; and
viii)
Other factors, which are essential
and may be required to be considered to ensure safe and economic operations of
the system or safety of the grid.
c) The open access for Long
Term Customer shall be allowed in accordance with the transmission planning
criteria specified in the State Grid Code.
7.2 Distribution
and Associated Systems:
a) (i) Maximum load on distribution and
associated systems recorded during previous year vis-à-vis Safe Capacity of the
systems;
(ii)
Appropriate load growth potential on
such systems;
(iii)
Additional investment planning on
new or such distribution systems or impact of improvement in the distribution
systems;
(iv)
Capacity already allotted for open
access for the relevant period;
(v)
Requirement, if any, of the State
Grid Code or SLDC;
(vi)
Future availability of power;
(vii)
Load flow anticipated on network
with outage of any one circuit running in parallel;
(viii)
Sensitivity of load;
(ix)
Network augmentation / reorganization
plan to provide reliability in supply; and
(x)
Other factors, which are essential
and may be required to be considered to ensure safe and economic operation of
the systems and safety of grid or in the interest of the consumer, if any.
b) For Long Term Customer,
access for such wheeling shall be allowed if the capacity of the distribution
system concerned supports such wheeling in accordance with the different
technical guidelines on sub-transmission and distribution network declared by
the Authority.
8.
Provision for open
access source and drawal point within the area of same Licensee:
Notwithstanding anything laid down
hereinbefore, if the injection point of an open access source and open access
drawal point are within the area of a single Distribution Licensee without
involving any other distribution system of any other Distribution Licensee or
transmission system of any other Transmission Licensee, such Open Access
Customer shall pay the charges specified under regulations 14.3.5 and 14.3.6 to
the Nodal Agency instead of the person as specified in the regulations
concerned. Other applicable charges,
however, shall be paid as per these regulations.
9.
Nodal Agency
9.1
The Nodal Agency for arranging the Long Term Open Access
within the State shall be the STU if its system is used. Otherwise, the Nodal
Agency shall be the Transmission or the Distribution Licensee in whose system
the point of drawal of electricity is located;
9.2
The Nodal Agency for Short Term Open Access and open
access for emergency requirement and trial run within the state shall be the
SLDC.
10.
Procedure for
Granting open access:
10.1
a) An
Open Access Customer shall, in all other cases except the cases falling under
clause (b), file an application, in the Format – 1, together with all relevant
information to the Nodal Agency along with relevant details with copies to SLDC (if different from the Nodal Agency), the Transmission
Licensee (if different from the Nodal Agency and who owns the transmission lines
through which power is to be transmitted) and the Distribution Licensee (if
different from the Nodal Agency and in whose Distribution System Network the
point of drawal of power is located). Such application shall be filed along
with the non-refundable applicable fees as given below:
Application
Fees
(Non-Refundable
for Open Access Customer)
|
Location of open access Drawal
Point |
Location of open access source |
Nature of open access source for
Supply / Time of Supply |
Application Fees for different
categories of Open Access Customers |
|
|
Long Term |
Short Term |
|||
|
Within |
Within |
Co-generation & Renewable |
50,000.00 |
5,000.00 |
|
Hydro Pumped Storage Plant |
10,000.00 |
2,500.00 |
||
|
CCGT – Combined Cycle Gas Turbine CCT* – Cleaner Coal Technology |
60,000.00 |
7,500.00 |
||
|
Others |
1,00,000.00 |
10,000.00 |
||
|
Outside |
Power for Peak Hours |
5,000.00 |
2,500.00 |
|
|
Power round the Clock |
35,000.00 |
20,000.00 |
||
|
Power for |
15,000.00 |
7,500.00 |
||
|
Power for Off-peak Hours |
40,000.00 |
20,000.00 |
||
|
Outside |
Within |
Renewable and Co-generation |
50,000.00 |
5,000.00 |
|
Hydro Pumped Storage Plant |
10,000.00 |
2,500.00 |
||
|
Others |
1,00,000.00 |
20,000.00 |
||
|
Power drawal by Pumped Storage
Plant within |
Anywhere |
Any Type |
5,000.00 |
1,000.00 |
|
*Note: Cleaner Coal Technology means super critical
pulverized coal fired thermal power technology, fluidized bed combustion,
integrated coal gasification combined cycle thermal power technology, etc. |
||||
b) A Licensee, for using the intervening transmission facility of any other Licensee, shall apply, in Format – 1, to the Commission under section 35 of the Act and the fee for such application shall be as per the application fees for respective categories as mentioned in the table in clause (a) and shall be payable to the Commission.
c) Any application for open
access and grant of such open access is case specific in terms of capacity
allotted, the injection point, drawal point and period for such open access.
d) Any other information /
details that may be required by the concerned Transmission Licensee(s) / STU /
SLDC / Distribution Licensee(s) / Commission shall be provided promptly by the
applicant.
10.2
The Nodal agency shall decide on the
availability of transmission and / or wheeling capacity for open access.
10.3
Long Term Open Access:
a) The Nodal Agency shall, in consultation with the SLDC, the Transmission Licensee(s)
and/or the Distribution Licensee(s) concerned, and based on system studies of
the Licensee(s) concerned, if required, assess the capacity available and
communicate the decision, either in Format – 2 or in Format – 2A, to the
applicant within 30 days from the date of receipt of the application.
b) In case open access can be provided without any further system
strengthening, the Nodal Agency shall give consent in the Format – 2 for Long
Term Open Access to the applicant within 30 days from the date of receipt of
the application.
c) If in the opinion of the Transmission Licensee(s) and / or the
Distribution Licensee(s) further system strengthening is essential before
providing Long Term Open Access, the applicant may request the Transmission Licensee(s)
and / or the Distribution Licensee(s) concerned, as the case may be, to carry
out system studies and preliminary investigation for the purpose of arriving at
cost estimates and completion schedule for system strengthening plan. The
Transmission Licensee(s) and / or the Distribution Licensee(s) concerned shall,
on receipt of such request, intimate estimated expenditure for carrying out
such study within thirty days from the date of receipt of such request from the
applicant.
d) The Transmission Licensee(s) and / or the Distribution Licensee(s), as
the case may be, shall carry out the studies as mentioned in clause (c)
immediately on deposit of estimated expenditure by the applicant and intimate
the results of the studies to the Nodal Agency, SLDC (if different from Nodal
Agency), applicant, STU (if different from Nodal Agency) and Commission within
90 days from the date of deposit of amount of the estimated expenditure by the
applicant.
e) The applicant shall bear the actual expenditure incurred by the
Transmission Licensee(s) and / or the Distribution Licensee(s), as the case may
be, in this respect within the limit of cost estimate intimated by the Licensee
concerned. Actual expenditure shall be subject to the scrutiny of the
Commission. Adjustments, if any, will be made accordingly within the ceiling of
105% of the cost estimate.
f)
In case the system requires
strengthening, subject to approval of such strengthening by the SLDC (if
different from Nodal Agency) and the STU (if different from Nodal Agency), the
cost for such strengthening shall initially be paid by the applicant to the
concerned Licensee(s) as an advance, if it is for exclusive use of the
applicant, and the advance shall be refunded by the Licensee(s) concerned to
the Open Access Customer in seventy two equal monthly instalments. Any such
extension or augmentation of the network will become the property of the Licensee(s).
g) In case any strengthening is required in inter-State transmission system
to absorb / evacuate power beyond intra-State transmission system, the
applicant shall co-ordinate with the STU and CTU concerned as deemed necessary.
10.4
Short Term open access:
a) For Short Term Open Access there will be no provision for system
strengthening except the cases where the Licensee(s) concerned and the
applicant mutually agree and execute necessary agreement in this regard.
b) The application for grant of Short Term Open Access shall be processed
only if such Short Term Open Access is commencing in the first to fourth month
and such open access is not ending beyond the fourth month, taking the month in
which the application is made as the first month.
c) The application for grant of Short Term Open Access received in a month
for open access in the month in which the application is made or received after
the nineteenth day of a month for open access commencing and terminating in the
following month shall be treated on first-come-first-served basis, and Short Term
Open Access shall be granted subject to availability of the transmission and /
or wheeling capacity.
d) All applications for Short Term Open Access, other than applications for
Short Term Open Access to be processed on first-come-first-served basis in
accordance with regulation 10.4(c), received up to the nineteenth day of a
month, shall be considered together on the twentieth day of a month for advance
reservation and shall be processed in the manner given hereunder, namely: -
i)
The application shall be analysed by
the Nodal Agency to check for congestion on any of the transmission and / or distribution
system considered to be used for such Short Term Open Access for which
application is made as also for examining other technical feasibilities as
deemed fit.
ii)
In case the Nodal Agency does not
anticipate any congestion or technical limitations on any of the transmission
and / or distribution system involved, the applicant shall be granted such
Short Term Open Access for which application is made for the quantum and
duration sought for, latest by the twenty-fifth day of the month.
iii)
If in the opinion of the Nodal
Agency, grant of Short Term Open Access to all the applicants is likely to lead
to congestion in transmission and / or distribution system to be used for Short
Term Open Access for any duration, it shall inform the applicants of its
opinion accordingly and the reasons therefor on or before the twenty-third day
of the month.
iv)
On receipt of intimation in
accordance with sub-clause (iii), an applicant may reduce its requirement of
transmission capacity during the period of congestion or opt for Short Term
Open Access only for the duration when no congestion is anticipated and in such
a situation, he shall inform the Nodal Agency accordingly by the twenty-fifth
day of the month.
v)
If the Nodal Agency still
anticipates congestion in one or more of the transmission and / or distribution
system to be used for Short Term Open Access, it shall invite bids through its
website for reservations of transmission and / or distribution system capacity
of the congested transmission and / or distribution system in accordance with regulation
10.5 on the twenty-sixth day of the month. Non-participation of an applicant in
the bidding process shall be construed that such applicant is no longer
interested in open access and the application of such applicant shall not be
processed.
10.5
Bidding Process for Short Term Open
Access:
a)
The floor price for bidding for
reservation of transmission or wheeling capacity shall be the charges for Short
Term Open Access related to transmission or wheeling, as the case may be, as
determined in accordance with regulations 14.3.1 or 14.3.2.
b)
The bidders shall quote price in
terms of the floor price.
c)
No bidder shall be allowed to quote
price, which is more than eight times the floor price in case of intra-State transmission
system.
d)
Reservation of transmission or
wheeling capacity shall be made in decreasing order of the price quoted.
e)
In case of equal price quoted by two
or more bidders, the reservation of transmission or wheeling capacity shall be
made pro rata to the transmission or wheeling capacity sought to be
reserved.
f)
The Short Term Customer getting
reservation for capacity less than the capacity sought by him and the Short Term
Customers getting transmission or wheeling capacity reservation equal to the
capacity sought to be reserved, shall pay the charges quoted by him.
10.6
a) Time Schedule for Processing
Application:
In addition to
the time schedule specified under regulations 10.3 and 10.4 for processing
applications for advance reservation, as far as practicable, the following time
schedule shall be adhered to by the Nodal Agency for processing the application
for grant of open access, namely: -
|
Sl. No. |
Type of Service / Activity |
Maximum Processing Time |
|
1. |
Short term Service (for
the period to be treated on first-come-first-served basis) |
|
|
|
Up to one week |
2 days |
|
|
More than a week |
3 days |
b) Day ahead transaction:
i)
The advance payment of transmission
and wheeling charges, operating charge and application fee shall not be
insisted upon if such an applicant has provided a bank guarantee valid up to
the date of payment and no previous dues are there on account of any charges to
the SLDC. These payments can be made within 3 working days from the date of
filing the application.
ii)
A composite request for open access
and scheduling shall be sent to the SLDC through the ALDC latest by
iii)
A composite request for open access
and scheduling to utilize surpluses known after issuance of the first despatch
schedule by the SLDC at
c) Same
Day Transactions:
i)
The advance payment of transmission
and wheeling charges, operating charge and application fee shall not be
insisted upon. These payments can be made within 3 working days from the date
of filing the application.
ii)
In the event of emergency, the
beneficiaries / buying utility may locate a source of power to meet short term emergency
requirement on the same day and forward request for open access to the SLDC
through the ALDC. The SLDC shall endeavour to accommodate such requests for
emergency requirement as soon as and to the extent practically feasible. Open
access for emergency requirement will be decided by the SLDC on requisition
from Open Access Customer or generating station depending on the grid condition
and State Grid Code.
d) Open Access for Trial Run:
In case of open access for trial run
purpose the period shall not be more than 15 days.
10.7
In the event of a reserved
transmission / wheeling capacity subsequently becoming fully or partly vacant
for certain duration in a month, the SLDC shall display this information in
public domain on its website along with invitations for utilization of such
spare capacity through 24-hour notice period.
10.8
Once open access has been granted,
such open access shall not be replaced by any other person on account of a
subsequent request received from such other person.
10.9
The SLDC shall lay down a detailed
procedure for reservation of transmission and / or wheeling capacity to the Short
Term Customers after obtaining prior approval of the Commission, which shall
include the detailed procedure for inviting bids, advance reservation,
reservation on first-come-first-served basis, usage of alternative route, if
any. Any further revision of the procedure shall be carried out only after
obtaining prior approval of the Commission.
10.10 a) While providing open
access, the Nodal Agency shall not compromise with the margin of different
parameters of distribution systems and / or transmission lines / systems as has
been provided in the State Grid Code taking into consideration of the following
aspects: -
i)
Inherent design margins,
ii)
Margins available due to variation
in power flows and unutilized capacity, if any,
iii)
Margins available due to inbuilt
spare capacity in transmission and / or distribution systems created to take
care to further load growth.
Provided that,
subject to regulation 28, the decision of the Nodal Agency to utilize inherent
design margins for Short Term Open Access will be final.
b) Notwithstanding anything
contained in clause (a), while providing open access, the Nodal Agency shall
ensure the grid security to its satisfaction.
11.
Adjudication of dispute on capacity availability
In case of any dispute regarding
availability of transmission and / or wheeling capacity for open access between
the applicant / Open Access Customer and the Licensee or between Licensees or between
a Licensee and the STU and / or the SLDC, as the case may be, the aggrieved
party may file a petition along with all necessary documents before the
Commission for adjudication / settlement of the dispute within 60 days from
cause of action.
12.
Agreements to be undertaken
12.1
a) Open
access Agreement:
An Open Access
Customer who has been allowed open access shall enter into commercial agreements
with the Transmission and / or Distribution Licensee(s), generating companies, electricity
traders and others as are applicable to him. In case of open access by a
consumer whose open access source is a Captive Generating Plant of which the
Open Access Customer is the sole owner, no agreement between the Open Access
Customer and the owner of the open access source is required. The agreements
shall, to the extent applicable, inter-alia, provide for the eventuality of
pre-mature termination of the agreement and its consequences on the contracting
parties, duration of the agreement, the maximum power to be wheeled, the point
of injection, the point of drawal, duration and hours of availing open access,
the time slabs, payment of wheeling charges, transmission charges and other
charges, mode of payment, security deposit / advance payment including manner of
payment of charges, metering of injection of energy and drawal of energy,
manner of meter reading and its accounting, penalty and the charges for
non-compliance of the direction of the
SLDC, compliance mechanism of Grid Code and State Grid Code, billing system and
payment thereof.
b) Agreement
with Connected Licensee or any person:
Any
person, who has been allowed open access under section 42 of the Act, shall enter
into an agreement with the Connected Licensee for the purpose of getting supply
of electricity (including Back-up Power, Standby Power, Incidental Power and Start-up
Power) on such terms and conditions (including tariff) as may be agreed upon by
them. Such agreement shall include the mode of payment to and from the Open
Access Customer for mismatch of energy in drawal mode at drawal point or
injection at injection point for various time slabs of the schedule, where
applicable, and shall comply with the relevant provisions of different Regulations
of the Commission. While agreeing to a tariff, a
Distribution Licensee shall not show any undue preference to any person or
class of persons or discriminate any person or class of persons.
Provided that no
separate arrangement for Incidental Power is required to be made in the
agreement where the unscheduled interchange charge at drawal point is
applicable to the Open Access Customer as per the Tariff Regulations.
Provided
further that the Distribution Licensee shall not pass any losses, arising out
of such agreement, to its other consumers or other Licensees.
Provided
further that such agreement needs to be consistent with the State Grid Code.
Provided further
that in case of constraints for shortage of power or outage of transmission
line or distribution facilities at that time when power from Connected Licensee
is drawn by the Open Access Customer,
the Connected Licensee may treat the Open Access Customer like other
consumers for the purpose of distribution of electricity subject to the terms
and conditions of the above agreement.
Provided
also that any direction or order given by the Commission or the Appropriate
Government as mentioned in the regulation 25 shall have overriding effect over
such agreement.
c) Standby
Power:
In case the Open Access Customer wants Stand-by Power, the agreement mentioned in clause (b) shall provide for the arrangement of capacity charge recovery from the Open Access Customer executing such agreement against the reserved capacity on the basis of advance payment of the proportionate capacity charges of such reserved capacity for the Open Access Customer only to the extent stipulated and agreed to in the agreement in order to avail such power.
Provided that no part of such
capacity charge of the reserved capacity shall be recoverable from other Open
Access Customers and / or other consumers of the Licensee.
Provided further that in addition to
such capacity charge, the Open Access Customer is required to pay energy charge
at a tariff agreed to by the Open Access Customer and the Licensee in the
agreement for the purchase of quantum of energy from such Standby Power source.
Provided further that no part of
such energy charge for supply of energy to the said Open Access Customer from
that reserved capacity shall be recovered from other Open Access Customers and
/ or other consumers of the Licensee.
Provided further
that when generation from such standby capacity is not required by the Open
Access Customer, the Distribution Licensee can sell the generation from such
capacity to any person without affecting the right of the Open Access Customer for
drawing power from such generation, as and when required, in pursuance of the
agreement in order to reduce the portion of the annual aggregate revenue
requirement that is to be recovered from the core-business of the Licensee and
on account of consumers in his area of supply only.
Provided also
that the Licensee shall have no obligation under section 43 of the Act to
supply Standby Power.
12.2
After the agreements have been
entered into, copies of the same shall be furnished to the SLDC. The SLDC shall,
within 3 days from the date of receipt of the copies of the agreements, inform
the Open Access Customer as also all Licensee(s) concerned the date from which
the open access will be available.
12.3
The power flow under the open access
allocation shall not be effected unless the agreements as per regulation 12.1
are executed and the process under regulation 12.2 is completed.
12.4
a)
If an Open Access Customer, who has been permitted to avail open access under
regulation 10 or regulation 11, does not execute the open access agreements, as
mentioned in regulation 12.1, within 45 days from the date of such permission, the
permission to avail open access shall be deemed to have been cancelled
immediately without any further notice. Once allotment of open access is
cancelled, the Open Access Customer shall have to apply as a new applicant for grant
of open access, if required, at a later stage.
b) If the period for execution of such agreements
requires any further time extension on any reasonable ground, the Open Access
Customer shall take prior approval from the Commission through a petition
seeking extension of time, mentioning the reasons for such extensions.
Provided that such extension of time
shall not be more than 90 days from the date of granting of open access.
Provided also that such extension
will be allowed only if there is no other person seeking open access using the
same capacity, which has been granted for allotment.
13.
Non-Utilisation /
Under-Utilisation of Open Access Capacity
13.1
In case an Open Access Customer is
unable to utilize, full or substantial part of the capacity allotted to him, he
shall inform the concerned Licensee, STU and SLDC giving reasons for his
inability to utilize the capacity in full or in part, as the case may be, and
may surrender the capacity allotted to him.
13.2
a) The
SLDC may reduce / cancel the allotted capacity of an Open Access Customer who
is frequently under utilizing
the capacity allotted to him or not utilizing the same and if the customer is
not able to give sufficient reasons within a reasonable time for such non /
under utilization.
b) The capacity, which remains
unutilized out of the allotted capacity of an Open Access Customer, cannot be
transferred in favour of another person by the Open Access Customer. Grant of
all open access shall be person and case specific, as mentioned in regulation
10.1(c).
c) However, if any Open Access
Customer does not use his allotted open access capacity within 40 days from the
date of execution of the agreements as mentioned in regulation 12, the grant of
open access under regulation 10 or regulation 11 shall be deemed to have been cancelled
automatically and the relevant open access agreements as per regulation 12
shall be deemed to have been terminated forthwith. Once allotment of open
access is cancelled, the Open Access Customer shall have to apply as a new
applicant for availing open access, if required, at a later stage.
13.3
The transmission and / or wheeling capacity becoming available as a result of
surrender by the Open Access Customer
under regulation 13.1 or
as a result
of reduction or cancellation of the reserved
transmission and / or wheeling capacity by the SLDC / Nodal Agency, may be
reserved for any other Open Access Customer in accordance with these regulations.
13.4
An Open Access Customer, whose
capacity has been reduced or cancelled, shall, in addition to discharging his
contractual obligations, pay full charge for scheduling and system operation,
as has been fixed by the Commission from time to time on full open access
capacity allotted to him for the remaining period of the allocation. However,
if the unutilized capacity is being used by any other Open Access Customer or
any Licensee, proportional charges are to be borne by the original Open Access
Customer to the extent of under-utilisation.
13.5
Notwithstanding any allocation for
open access, it shall be lawful for the Distribution Licensee to utilize for
the purpose of effecting supply for other purposes (except providing open
access to any other Open Access Customer), at any point of time, any portion of
allotted capacity, if and to the extent found underutilized by the Open Access
Customer.
13.6
The Open Access Customer, the Licensee(s),
the generating company(ies) and the electricity trader(s) shall be liable / responsible
to follow the instructions of the SLDC from time to time in regard to optimum
scheduling in despatch of electricity, safe and secured grid operation, keeping
records for energy accounting, grid discipline, economic operation of the
relevant grid in accordance with the Grid Code and State Grid Code. The Open
Access Customer, the generating company(ies), the Licensee(s) and the electricity
trader(s) shall follow the provision of the Act, applicable Rules, Regulations and
Codes. Flow of power between point of injection and drawal should be on real
time basis.
13.7 The relinquishment of
rights and obligations by a Long Term Customer shall be subject to payment under
regulation 13.4 and / or payment of fixed / capacity charges applicable, if
any, of the Licensee concerned for the rest of the period, as may be determined
by the Commission.
14.
Charges for open
access
14.1
Different charges for use of the
facilities of a Transmission Licensee or a Distribution Licensee shall be
regulated as under:
14.2
In case intra-State transmission system
and/ or distribution system within the State is used by an Open Access Customer
in addition to inter-State transmission system, separate charges shall be
payable for the power being conveyed on intra-State transmission system and/or
distribution system in addition to payment of transmission and other charges
for inter-State system. The Open Access Customer shall directly pay the charges
to the respective agencies providing open access as specified / determined by
the Commission.
14.3
For the purpose of these
regulations, the charges for intra-State transmission system and distribution
system shall mean charges and expenses on account of the following heads:
14.3.1
Transmission Charges:
a) Transmission charges will represent charges for conveyance of
electricity through transmission lines and associated system of a Transmission Licensee
and will be determined by the Commission from time to time as per the Tariff Regulations.
b) Transmission charges for all Open Access Customers shall be calculated
according to the Tariff Regulations. The same shall be expressed in Rs/MW/month
for Long Term Customers and in Rs/MW/day for Short Term Customers on the basis
of MW served by the system.
c) The Annual Transmission Service Charges (TSC) payable to the Transmission
Licensee in the year of publication of these regulations shall be such as
decided by the Commission on the basis of available data or as per tariff order
in this respect, if any, in accordance with the Tariff Regulations.
d) For subsequent years the TSC shall be shown in the transmission tariff
order as determined under the Tariff Regulations.
e) The Transmission Service Charges payable by a Short Term Customer shall
be calculated in accordance with the following methodology: -
ST_RATE = 0.25 X [TSC/ Av_CAP]/365
Where: -
i)
ST_RATE is the rate for Short Term Customer
in Rs. Per MW per day;
ii) ST_RATE shall be calculated and applied for transmission system of the
STU or any other Transmission Licensee forming part of intra-State transmission
system.
iii) “TSC” means the Annual Transmission Service Charges as specified in the
Tariff Regulations.
iv) “Av_CAP” means the average capacity that is actually transmitted for
Long Term Customer in MW as will be decided by the Commission or as will be
determined in the relevant transmission tariff order, if any, by the Commission
in accordance with the Tariff Regulations.
f)
The transmission charges payable by
a Short Term Customer in case of uncongested transmission network shall be
levied as under, namely: -
|
|
Hours of open access per day |
Proportion of Transmission charge |
|
i) |
Up to 6 hours in
a day in one block |
1/4th
of transmission charge of relevant Short Term Customer. |
|
ii) |
More
than 6 hours and up to 12 hours in a day in one block. |
½ of
transmission charge of relevant Short Term Customer |
|
iii) |
More
than 12 hours and up to 24 hours in a day in one block |
Equal to
transmission charge of relevant Short Term Customer |
Provided that the
above rates are not applicable to those Short Term Customers who have their
drawal point within the State and injection point outside the State.
Provided also
that the transmission charges payable by a Short Term Customer where capacity
has been reserved through bidding process shall be as per regulation 10.5.
g) For using intervening transmission facility
the transmission charges shall also be applicable for respective categories of Open
Access Customers.
14.3.2 Wheeling
Charges:
a)
The wheeling charges will represent
the charges for the use of the distribution system and associated facilities of
a Distribution Licensee for conveyance of electricity through such distribution
system and associated facilities and will be determined by the Commission from
time to time in accordance with the Tariff Regulations.
b)
Wheeling charges payable to the
Distribution Licensee in the year of publication of these regulations shall be such
as decided by the Commission on the basis of available data or as per tariff
order in this respect, if any.
c)
For subsequent years the wheeling
charges for the Distribution Licensee shall be shown in the wheeling tariff
order as determined under the Tariff Regulations. The wheeling charge (WC)
applicable for different Open Access Customers shall be declared in the
relevant wheeling tariff order including following types of Open Access Customers:
|
Location of open access Drawal
Point |
Location of open access source |
Nature of open access source for
Supply / Time of Supply |
|
|
Within |
Within |
Co-generation & Renewable |
|
|
Hydro Pumped Storage Plant |
|||
|
CCGT* – Combined Cycle Gas Turbine CCT* – Cleaner Coal Technology |
|||
|
Others |
|||
|
Outside |
Power for Peak Hours |
||
|
Power round the Clock |
|||
|
Power for |
|||
|
Power for Off-peak Hours |
|||
|
Outside |
Within |
Non-conventional, Renewable, Co-generation |
|
|
Hydro Pumped Storage Plant |
|||
|
Others |
|||
|
Power drawal by Pumped Storage
Plant within |
Anywhere |
Any Type |
|
|
Note: Cleaner Coal Technology means super critical
pulverized coal fired thermal power technology, fluidized bed combustion,
integrated coal gasification combined cycle thermal power technology, etc. |
|||
d)
For Short Term Customer, the
wheeling charge shall be 80% of the wheeling charge of the Long Term Customer
of respective category.
Provided that
such wheeling charge shall be as per regulation 10.5 where the capacity has
been reserved through bidding process.
14.3.3 Reactive energy charges:
Reactive energy charges shall be such as given in the Schedule.
14.3.4 Meter reading and other related
charges:
Meter reading and
other related charges shall be such as given in the Schedule.
14.3.5 Handling and Service charges:
The Handling &
Service charges shall be such as given in the Schedule.
14.3.6 Fee and Charges payable to SLDC:
The fee and
charges payable to SLDC under sub-section (3) of section 32 of the Act shall be
such as may be specified by the Commission from time to time.
14.3.7 Un-scheduled Interchange charges
in drawal / injecting energy:
a) A twenty-hour day-ahead schedule shall
be submitted by the Open Access Customer for both drawal and injection of
active power on 15-minute time block basis to the SLDC as specified in the
Tariff Regulations. Un-scheduled interchange charges for deviation from the
schedule shall be paid at such rates as specified in the Tariff Regulations.
b) Notwithstanding anything specified
hereinbefore, if the injection point of an open access source and open access
drawal point are within the area of a single Distribution Licensee without
involving any other distribution system of any other Distribution Licensee or
transmission lines of any other Transmission Licensee, such Open Access
Customer shall pay un-scheduled interchange charges for deviation from the
schedule to the Distribution Licensee at a suitable rate as agreed under any
agreement between the Distribution Licensee and the Open Access Customer.
Provided that the Distribution
Licensee shall not pass any losses, arising out of such agreement, to its other
consumers or other Licensees.
14.3.8 Transmission
Access Charges:
Any Intending
Transmission System User is entitled to obtain access to the intra-State transmission
system in accordance with these regulations subsequent to payment of
Transmission System Access Charges (TSAC) to the Transmission Licensee
concerned as agreed to in Bulk Power Transmission Agreement when such TSAC
consists of the following expenditure:
a)
Where the access of the Intending
Transmission System User to the intra-State transmission system entails works
of transmission lines or other transmission assets exclusive to such user, the said
Transmission Licensee shall be entitled to recover, through the Transmission System
Access Charges, all expenses reasonably incurred on such works for providing
access to such Intending Transmission System User.
b)
Where the access of the Intending
Transmission System User entails other works not covered under these
regulations, relating to the intra-State transmission system, the said Transmission
Licensee shall recover the expenses relating to such works through TSAC in
accordance with these regulations.
14.3.9
Distribution Access Charges:
Any Intending Distribution System
User is entitled to obtain access to the distribution system in accordance with
these regulations subsequent to payment of distribution System Access Charges
(DSAC) to the Distribution Licensee concerned as agreed to in Bulk Power
Wheeling Agreement when such DSAC consists of the following expenditure:
a)
Where the access of the Intending
Distribution System User to the distribution system entails works of distribution
lines or other distribution assets exclusive to such user, the said
Distribution Licensee shall be entitled to recover, through the Distribution
System Access Charges, all expenses reasonably incurred on such works for
providing access to such Intending Distribution System User.
b)
Where the access of the Intending
Distribution System User entails other works not covered under these
regulations, relating to the distribution system, the said Distribution Licensee
shall recover the expenses relating to such works through DSAC in accordance
with these regulations.
14.3.10 Cross-subsidy
surcharge (if applicable):
a)
An Open Access Customer shall pay
cross-subsidy surcharge, as may be determined by the Commission, in addition to
charges for using the transmission and / or distribution systems.
b)
Cross-subsidy surcharge shall be the
difference between tariff applicable for the category of consumers being
allowed open access and the cost avoided (per unit) by the Licensee in this
regard.
Explanation: For the purpose of these regulations, avoided cost shall be
computed as under:
|
Weighted average of unit cost of pooled power purchase variable cost*
and own generation fuel cost (against sent out energy), if any per unit |
+ |
Wheeling charges per
unit as applicable to the relevant open access case |
|
(100 – T & D Loss in percentage as allocable for the relevant open
access case) x 0.01 |
*Where the power purchase
cost is in single part the separation of capacity cost and variable cost will
be as per the decision of the Commission.
c) The amount of such surcharge shall be reduced and eliminated in the same
manner as may be specified for reduction and elimination of cross subsidies.
d) The amount of such surcharge shall be fixed by the Commission from time
to time keeping in view the projected admitted cost of the Licensee for the
relevant period.
e) No surcharge shall be levied in case open access is provided to a person
for carrying the electricity produced in a Captive Generating Plant to the
destination of his own use. Exemption of cross subsidy surcharge shall be
allowed only to the extent of the owner’s consumption of power from such
Captive Generating Plant, but limited to each such user’s proportional equity
holding in such plant.
14.3.11 Additional Surcharge (If
applicable):
a)
A consumer availing open access and
receiving supply of electricity from a person other than a Distribution Licensee
of his area of supply, shall pay the Distribution Licensee an additional
surcharge in addition to any other charges including distribution wheeling
charges and surcharge(s) to meet the fixed cost of such Distribution Licensee
arising out of his obligation to supply in accordance with sub-section (4) of section
42 of the Act.
b)
The Commission shall fix the amount
of additional surcharge through individual orders in a case specific manner
keeping in view the amount of fixed / capacity cost as has been allowed by the
Commission to such Distribution Licensee from year to year basis.
c)
The additional surcharge shall be
decided and leviable for such period as the Commission may determine, keeping
in view, inter-alia, sales growth.
14.3.12
In an application by any Licensee,
the Commission may, by order, require any other Licensee owning or operating
intervening transmission facilities to provide the use of such facilities to
the extent of surplus capacity available with such Licensee at rates, charges
and terms and conditions as may be mutually agreed upon.
Provided that any
losses incurred for such agreement shall not be allowed to be recovered through
the tariff from other consumers or Licensees.
Provided also that
if the rates, charges and terms and conditions cannot be mutually agreed
upon by the Licensees, the rates, charges and terms and conditions as specified
in these regulations shall apply.
14.3.13
Charges through Rule
Any other charges
prescribed under any Rule is to be borne by the Open Access Customer if it is
applicable to him.
14.4
For
the purpose of these regulations
a)
The surcharge(s) to be recovered
from the Open Access Customers shall be such as will be fixed by the Commission
from time to time in line with these regulations.
b)
The Open Access Customers within the
State who are exclusively availing inter-State transmission system shall also
pay applicable surcharge (s), to the extent applicable.
c)
The surcharge(s) shall be payable to
the Distribution Licensee concerned of the area of supply where the Open Access
Customer’s point of drawal of power is situated / located. In case multiple Licensees
exist within the same area, the surcharge(s) shall be payable to the
Distribution Licensee of whom the Open Access Customer is a consumer or was a
consumer just before availing the open access.
14.5 Technical Loss Allocable
The technical
loss for transmission and distribution system for different voltage level will
be as under for the purpose of these regulations:
EHV - 4% of the energy at the point of
injection at this voltage level.
HV - 8% of the energy at the point of
injection at this voltage level.
LV&MV - As
will be determined by the Commission from time to time.
14.6
Energy Accounting
Energy accounting will be as per
Balancing and Settlement Code as specified in the Tariff Regulations.
15.
Mode of payment of fees and charges
15.1
Non-refundable application fees shall
be submitted by an Open Access Customer to the Nodal Agency along with the
application for open access in terms of regulation 10.1(a).
15.2
Advance payment for full amount of MW
booked for a calendar month towards transmission charges, meter rent, meter
reading and related charges shall be made by an Open Access Customer to the
respective Licensees.
15.3
Wheeling charges, unscheduled interchange
charges, reactive energy charges, cross subsidy surcharge and additional
surcharge, if any, shall be paid by an Open Access Customer on monthly basis as
per the weekly accounts prepared by SLDC and shall be paid to the respective Licensees
within fifteen days from the date of presentation of the bill.
15.4
Handling & Service charges shall
be paid by an Open Access Customer on monthly basis on the basis of accounts
prepared by SLDC for the month within seven days from the date of issue of
monthly accounts.
15.5
Late Payment Surcharge, as determined
by the Commission through the latest relevant Tariff Order, shall be payable by
an Open Access Customer for any payment after the due date.
15.6
Any default in advance payment of
relevant charges may cause discontinuation of open access facility
16. Formats
for application and grant of open access
16.1 The application format for grant of open
access is given as Format – 1 in Annexure – 1
16.2 The format for providing consent for open access is given as Format
– 2 in Annexure – 2. The format for communicating decision on open access,
where immediate open access cannot be granted is given as Format 2A in Annexure
– 2.
17.
Metering and
Accounting
17.1
The Connected Licensee(s)
contracting to effect supply, shall provide the main meters, which must be ABT
compliant and shall be as per direction of the Nodal Agency for such customer
based on voltage, period of supply, and other relevant factors. The meters
shall be provided at the point of injection and at the point of drawal and, if
required, at any inter-connecting point. The cost of meters is to be borne by
the concerned Open Access Customer.
17.2
The Connected Licensee(s) /
Transmission Licensee(s) contracting to effect supply to an Open Access
Customer shall also provide main meters at interconnecting points as may be
directed by the Nodal Agency to facilitate energy accounting of, inter alia,
RLDC concerned and SLDC. The cost of meters is to be borne by the Open Access
Customer concerned.
17.3
The arrangements for communication
equipment, as may be necessary, shall also be made available by the Open Access
Customer as per the direction of the SLDC.
17.4
The Connected Licensee(s) /
Transmission Licensee(s) shall also provide check meters at the cost of the
Open Access Customer concerned of the same specification as of main meters at
or around the same locations subject to due intimation to the Open Access
Customer and the SLDC.
17.5
The main and
check meters shall be periodically tested and
calibrated by the Licensee concerned in the presence of other parties involved.
The main and check meters shall be sealed by both the parties. The defective
meters shall be replaced immediately at the cost of the party concerned.
17.6
17.7
17.8 The term meter shall include current transformers, voltage / potential transformers wiring between them and meter box / panel.
18.
Communication Facility
18.1
An Open Access Customer shall
provide for all actual costs towards the equipment for communication up-to the
nearest grid sub-station or the SLDC, as the case may be, for two communication
channels for communicating the meter reading on real time basis. In case there
is more than one Open Access Customer for such point of area of meter reading,
then they will share such cost. An Open Access Customer shall also provide
facilities for communication with the control room of the Connected Licensee
concerned.
18.2
An Open Access Customer shall set up
a round-the-clock control room to take instructions from the SLDC and / or
communication with the Licensee and others through telephone, mobile phone, fax,
e-mail, etc.
19.
Other Commercial Conditions
19.1
The
security deposit equivalent to the total transmission charges, wheeling charges and all other charge(s) and surcharge(s) as may be applicable, shall be
kept with the concerned Licensee / connected Licensee and shall be equal to
average energy billing including surcharge, additional surcharge and other
charges for at least 3 months. The security deposit shall be in the form and
the manner as has been specified by the Commission in its relevant Regulations.
19.2
The bills would be raised on monthly
basis and shall be paid by the Open Access Customer concerned within 10
days of the presentation of the bill, failing which late payment surcharge
shall be levied as determined by the Commission through the latest relevant
tariff order and action to disconnect the arrangement shall be taken by the Licensee
concerned under due intimation to the SLDC, Transmission Licensee and other concerned
parties.
19.3
The surcharge and additional
surcharge to the extent fixed by the Commission shall be paid to the concerned
Distribution Licensee on monthly basis through the monthly bill raised for
transmission / wheeling of energy.
20.
Compliance with Grid Discipline
20.1
(a) The
Open Access Customer and other authorities connected with such open access,
shall abide by the Grid Code and State Grid Code and the instructions given by
the SLDC and other relevant authorities, if any, as applicable from time to time
as per the provisions of the Act, Rules and the Regulations. Open Access
Customer shall abide by all other applicable Codes / Regulations / Rules.
(b)
The Open Access Customer shall be
guided by the factors as mentioned in regulation 25.
20.2
The Open Access Customer shall also
abide by the Act, Rules, Regulations, directions, guidelines and orders of the
Commission from time to time.
20.3
Subject to the provisions of
regulation 13, any person, granted open access before these regulations came
into force, shall continue to be an Open Access Customer till expiry of the
period for which such open access has been granted to him.
21.
Curtailment Priority
21.1
When because of constraints or
otherwise, it becomes necessary to curtail open access services of the Open
Access Customer, curtailment shall be made in the reverse order of allotment
priority as has been specified in these regulations.
21.2
When because of transmission and /
or wheeling constraints or otherwise, it becomes necessary to curtail the
transmission and / or wheeling service of the Open Access Customers, such
service to the Short Term Customers shall be curtailed first followed by the
Long Term Customers.
Provided that within a category, all
Open Access Customers shall have same curtailment priority and shall be curtailed
pro rata to the allotted transmission and / or wheeling capacity in the case of
Long Term Customers and the reserved transmission and / or wheeling capacity in
the case of Short Term Customers.
Provided also that during emergency requirement,
as decided by the SLDC or the ALDC, the curtailment may be as per decisions of the
ALDC and / or the SLDC.
22. Transmission and wheeling
charges for Short Term Customers in case of Curtailment.
22.1 In case of curtailment of more than 50% of
the reserved transmission capacity by the SLDC on any particular day on account
of transmission constraints, the transmission charges for that day shall be
payable by the Short Term Customers on pro rata basis in accordance with the
transmission capacity actually provided.
22.2 In case of curtailment of more than 50% of
the reserved wheeling capacity by the ALDC on any particular day on account of
wheeling constraints, the wheeling charges for that day shall be payable by the
Short Term Customers on pro rata basis in accordance with the wheeling capacity
actually provided.
23.
Other Obligations
of the Licensees
23.1
It is
the obligation of the Licensee to adequately maintain and provide open access
to the Open Access Customers without any discrimination subject to the
provisions of the Act and the Regulations and maintain the transmission and
distribution systems in proper manner.
23.2
The Licensee
shall be deemed to have failed to provide the requisite services, if it is not
able to provide at least – (a) in case of transmission and necessary facilities
– 95% of the time in a year ending 31st March and (b) in case of
distribution system – 90% of the time in a year ending 31st March.
The Commission may provide for charges, which the Licensee has to pay to the
Open Access Customers if the target network availability is not met. However,
the same shall not include non-availability due to outages or failure of
upstream transmission system and / or generating stations, which are not assets
of the Licensee concerned or any Force Majeure Event.
24.
Information
System
The SLDC, STU and Licensee concerned
shall post the information as may be directed by the Commission from time to
time on its website in a separate page titled “Open Access Information” and
shall issue a quarterly report containing such information.
Every Transmission Licensee
shall declare the existing Long Term Customers using its transmission system
(including self use) on its website or the website of the State Load Despatch
Centre concerned latest by 1. 4. 2008.
25.
Obligation under Sections 11 and 23 of
the Electricity Act, 2003
(i)
In
pursuance to section 11 of the Act, any part of generation of any generating
station dedicated for supply under open access agreement for either own use or
for any consumer of a Licensee or for any other person, may have to withdraw or
reduce such supply in extraordinary circumstances for any period as may be
directed by the Appropriate Government.
(ii)
In
pursuance of section 23 of the Act or any Regulations for maintaining the
efficient supply, securing the equitable distribution of electricity and
promoting competition, the Open Access Customer shall abide by the order of the
Commission for regulating supply, distribution and consumption or use thereof
issued upon him directly or as a consequence to any order of the Commission on
the Distribution Licensee of whom he is a consumer or from whom he is drawing
power as an open access source.
26. Power to Intervene:
In case of any unethical practice or gaming by any
person including an Open Access Customer, through power injection or drawal or
change of status, the Commission may, by order, issue necessary directions
which shall be binding on all parties concerned.
27. Powers to Remove Difficulties
If any difficulty arises in giving
effect to any of the provisions of these regulations, the Commission may, by
general or special order, direct the STU, SLDC, Licensees, electricity traders,
generating companies and Open Access Customers to take such action, not
inconsistent with the Act, as may appear to the Commission to be necessary or
expedient for the purpose of removal of the difficulty.
28 Dispute Resolution
28.1 In the event of any dispute on any or all
of the following, the same shall be referred to the Commission for decision.
(a) Available capacity of the
system,
(b) Operational constraints,
(c) Charges to be recovered,
(d) Eligibility
for open access,
(e) Allotment
/ Curtailment priority, etc.
28.2 The Commission, while deciding any dispute
under these regulations or otherwise, by a general or special order made from
time to time, may lay down, if required, the conditions to be complied with by
the Licensees concerned, STU, SLDC and Open Access Customer in regard to
operation constraints and the open access shall be allowed only subject to the
due satisfaction of such conditions.
29. Power to Amend:
29.1
The Commission, at any point of
time, at its own discretion, may vary, alter, modify, add or amend any
provisions of these regulations.
29.2
The Commission may, at anytime and
at its discretion, modify the Schedule through notification.
29.3
Nothing in these regulations shall
be deemed to limit or otherwise affect the inherent powers of the Commission to
make such orders as may be necessary for meeting ends of justice or to prevent
the abuse of the process of the Commission.
30. Repeal
30.1 The
West Bengal Electricity Regulation Commission (Terms and Conditions for Open
Access) Regulations, 2005 issued under Notification No. 20/WBERC dated 30th
June 2005 and published in the Kolkata Gazette, Extraordinary, on 30th
June 2005 and The West Bengal Electricity Regulatory Commission (Terms and
Conditions for Open Access – Schedule of Charges, Fees & Formats for Open
Access) Regulations, 2005 issued under Notification No. 21/WBERC dated 21st
September 2005 and published in the Kolkata Gazette, Extraordinary, on 21st
September 2005 are hereby repealed.
30.2 Notwithstanding
such repeal, anything done or any action already taken under the repealed
Regulations, shall in so far as it is not inconsistent with the West Bengal Electricity
Regulatory Commission (Open Access) Regulations, 2007, be deemed to have been
done or taken under the corresponding provisions of the West Bengal Electricity
Regulatory Commission (Open Access) Regulations, 2007.
SCHEDULE
(See regulations 14.3.3, 14.3.4 and 14.3.5)
A Reactive energy charges:
If the voltage at the point of drawal is below 97% of the normal
voltage, the Open Access Customer shall pay @ 6 paise / kvarh to the concerned Licensee
for drawal of reactive energy at the drawal point. If at the injection point
the voltage is higher than 103% of normal voltage, the Open Access Customer
shall pay @ 6 paise / kvarh to the concerned Licensee for injection of reactive
energy at the point of injection. Both drawal and injection of reactive energy
shall be measured at 15 minutes time block along with voltage.
B Meter reading and other
related charges:
Charges for meter reading and other related charges including the charge
for communicating the meter reading to SLDC shall be paid by the Open Access
customers @ Rs. 2,000.00 per month for each meter and shall be paid to the Licensee,
who is rendering such services, on monthly basis.
C. Handling & Service charges:
(i) Handling & Service charges @ 1.5% on
the sum of transmission charges and wheeling charges shall be payable to SLDC
on monthly basis by an Open Access Customer having any open access source other
than a cogeneration and non-conventional / renewable energy source.
(ii) Handling & Service charges @ 0.5% on
the sum of transmission charges and wheeling charges shall be payable to SLDC
on monthly basis by an Open Access Customer having a cogeneration and
non-conventional / renewable energy source as his open access source.
Annexure –
1
FORMAT – 1
APPLICATION
FOR GRANT OF OPEN ACCESS
(to be
submitted by Open Access Customer)
[See regulations
10.1 (a) & (b) and 16.1]
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1. |
Application |
No. |
Date: |
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2. |
Name of the Applicant |
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3. |
Address for Correspondence |
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Phone No. |
(Off): |
(Fax) |
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Email id: |
: |
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4. |
Category of Applicant (Please mark as appropriate) |
: |
Long Terms Open Access Short Term Open Access |
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5. |
Nature (In case of overlapping,
please fill in all the relevant items) |
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a) Distribution Licensee b) Power fully based on co-generation within
the State c) Power fully based on wind d) Power fully based on hydro and wind 26.
e) Power
fully based on non-conventional / renewable sources of energy other than
hydro and wind. 27.
f) Power
from captive generation based on gas 28.
g) Power
from captive generation based on coal 29.
h) Power
from captive generation based on oil i) Other
sources, if any not covered under (a) to (g) |
: : : : : : : : |
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(Licensees to submit licences
valid under the Act. Others to submit documentary evidence in support of
above). |
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6. |
Coordinator Details – Applicant |
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Name |
: |
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Designation |
: |
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Phone Numbers |
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(Off): (Res): |
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(Fax): ( |
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e-mail id : |
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Annexure – 1
(Continued)
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7. |
Capacity Applied |
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Period |
Time Period |
Capacity needed / Max. power to be conveyed (MW) |
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From (Date) |
To (Date) |
From (Hrs.) |
To (Hrs.) |
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8. |
Injecting Agency Details |
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Name |
: |
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Point of Injection |
: |
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Name of concerned SLDC |
: |
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9. |
Drawee Agency Details |
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Name |
: |
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Point of Drawal |
: |
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Name of concerned SLDC |
: |
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10. |
Name and details of other
agencies involved, if any |
: |
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11. |
Non-Refundable Application Fee in terms of regulation (3) (Please mark as
appropriate) |
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Long Term Open Access |
: |
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Short Term Open Access |
: |
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Bank Draft / Pay Order No. |
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Dated: |
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In favour of Payable at |
: : |
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12 Short notes may be attached covering the
following (to the extent relevant):
a) Generation planned.
b) Power purchase contracted.
c) Power factor.
Annexure – 1
(Continued)
d) Potential
hazards concerning public safety in line with the Environment (Protection) Act,
1986 and other applicable laws.
e) Reactive compensation
programme.
f) Harmonic distortion.
g) Peak load.
h) Average load.
i)
Periods with time slab in line with
concerned Grid Code(s).
j)
Any other information as may be
required.
13.
(a) It is hereby certified
that all agencies (including buyer, seller, trader etc.) to the transaction
shall abide by the provisions of the “West Bengal Electricity Regulatory
Commission (Open Access) Regulations, 2007”.
(b) The applicant hereby
agrees to keep the concerned SLDC, STU, Transmission Licensee and Distribution Licensee
indemnified at all times and undertakes to indemnify, defend and save the
concerned SLDC, STU, Transmission Licensee and Distribution Licensee harmless from
any and all damages, losses, claims and actions relating to injury to or death
of any person or damage to property, demands, suits, recoveries, costs and
expenses, court costs, attorney fees, and all other obligations by or to third
parties, arising out of or resulting from the transactions under this Approval.
(c) Any other information /
details that may be required by the concerned Transmission Licensee(s) / STU /
SLDC / Distribution Licensee shall be provided promptly by the applicant.
Signature:
Place: Name:
Dated: Designation:
Seal
of the office of the Applicant:
Annexure – 1
(Concluded)
Enclosures:
1. Copy of Agreements / MOUs.
2. Bank draft / Pay Order.
3. Copy of Licence / supporting documents, as applicable.
4. Notes (Please see Item 12).
Copy:
a)
SLDC (if different from the Nodal
Agency)
b)
Transmission Licensee (if different
from the Nodal Agency and who owns the transmission line through which power is
to be transmitted).
c)
Distribution Licensee (if different
from the Nodal Agency and in whose distribution network the point of drawal of
power is located).
Note: In the event the application is made under regulation 10.1(b), full particulars relating to the intervening transmission facility are to be provided in the application.
|
Date & Time of Receipt of Application |
(To be filled in by Nodal Agency) |
Annexure – 2
FORMAT – 2
CONSENT FOR OPEN ACCESS
(to be issued by Nodal Agency / SLDC)
[See regulations 10.3 (a) & (b) and 16.2]
|
1. |
Consent No. |
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Date: |
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2. |
Name of the Customer |
: |
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3. |
Name of Injecting Agency |
: |
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4. |
Name of Drawee Agency |
: |
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5. |
Name of other Agencies involved,
if any |
: |
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6. |
open access Capacity Applied |
: |
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|
Period |
Time
Period |
Capacity
needed / Max. power to be conveyed (MW) |
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From
(Date) |
To
(Date) |
From
(Hrs.) |
To (Hrs.) |
|
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|
7. |
open access Capacity
Approved |
|
|
||||
|
Period |
Time Period |
Capacity needed / Max. power to be conveyed (MW) |
|||||
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From (Date) |
To (Date) |
From (Hrs.) |
To (Hrs.) |
||||
8. Point of Injection
9. Point of Drawal
10. Name of concerned SLDC
11. Name of concerned ALDC
12. This approval is subject to full payment
of requisite charges made by applicant on or before the due date as specified
by the West Bengal Electricity Regulatory Commission.
13. This approval
is subject to
(a)
The Licensee holding a licence valid
under the Act,
Annexure 2
(Continued)
(b)
The
(c)
The responsibility of ensuring
compliances with the provisions of the Electricity Act, 2003, applicable Rules
and Regulations / Codes shall lie with the Applicant / Open Access Customer.
(d)
Signing of an Agreement / MOU and
furnishing of following information:
|
|
Agreement / MOU Details (needs to
fill up only relevant agreement details) |
|
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With |
No. |
Date |
Valid upto |
Max. MW |
Capacity already Utilized earlier |
Balance MW |
||
Signature:
Place: Name:
Dated: Designation:
Seal
of the office of the Nodal Agency / SLDC
To:
(Applicant)
------------
Copy:
a) SLDC (if different from the Nodal Agency)
b) Transmission Licensee (if different from the Nodal Agency and who own
the transmission line through which power is / are to be transmitted).
c) Distribution Licensee (if different from the Nodal Agency and in whose
distribution network the point of drawal of power is located).
Annexure –
2
(Continued)
FORMAT – 2A
DECISION ON OPEN ACCESS, WHERE IMMEDIATE
OPEN ACCESS CANNOT BE GRANTED
(to be issued by Nodal Agency / SLDC)
[See regulation 10.3 (a) & (b) and 16.2]
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1. |
Name of the Customer |
: |
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2. |
Name of Injecting Agency |
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3. |
Name of Drawee Agency |
: |
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4. |
Name of other Agencies
involved, if any |
: |
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||||||||
|
5. |
open access Capacity Applied |
: |
|
||||||||
|
|
|
|
|
|
|||||||
|
Period |
Time Period |
Capacity needed / Max. power to be conveyed (MW) |
|
||||||||
|
From (Date) |
To (Date) |
From (Hrs.) |
To (Hrs.) |
|
|||||||
|
6. |
open access cannot be
granted immediately due to the following reasons: (Attached sheets, if
required, including extracts of relevant correspondence with appropriate Licensees) |
Signature:
Place: Name:
Dated: Designation:
Seal
of the office of the Nodal Agency / SLDC:
Annexure 2
(Concluded)
To:
(Applicant)
------------
Copy:
(a) SLDC (if different from the Nodal Agency)
(b) Transmission Licensee (if different from the Nodal Agency and who own
the transmission line through which power is / are to be transmitted).
(c) Distribution Licensee (if different from the Nodal Agency and in whose
distribution network the point of drawal of power is located).
Place: Kolkata
Date:
12.04.2007 By Order of the Commission
K. L. Biswas
Secretary of the Commission