In exercise of powers conferred by Section 178 of the
Electricity Act, 2003 and all other powers enabling it in this behalf and after
previous publication, the Central Electricity Regulatory Commission, hereby
makes the following regulations, namely:-? (1)
These regulations may be called the Central
Electricity Regulatory Commission (Open Access in inter-State Transmission)
Regulations, 2008. (2)
These regulations shall apply to the
applications made for grant of open access for energy transfer schedules
commencing on or after 1.4.2008 for use of the transmission lines or associated
facilities with such lines on the inter-State transmission system.? (1)
In these regulations, unless the context
otherwise requires: (a)
"Act" means the Electricity Act,
2003 (36 of 2003); (b)
"bilateral transaction" means a
transaction for exchange of energy (MWh) between a specified buyer and a
specified seller, directly or through a trading licensee, from a specified
point of injection to a specified point of drawal for a fixed or varying
quantum of power (MW) for any time period during a month; (c)
"collective transaction" means a
set of transactions discovered in power exchange through anonymous,
simultaneous competitive bidding by buyers and sellers; (d)
"Commission" means the Central
Electricity Regulatory Commission referred to in Section 76 of the Act; (e)
"day" means a day starting at 00.00
hours and ending at 24.00 hours; (f)
"detailed procedure" means the
procedure issued by the Central Transmission Utility under these regulations; (g)
"Grid Code" means the Grid Code
specified by the Commission under Clause (h) of sub-section (1) of Section 79
of the Act; (h)
"intra-State entity" means a person
whose metering and energy accounting is done by the State Load Dispatch Centre
or by any other authorized State utility; (i)
"long-term customer" means a person
having a long-term lien over an inter-State transmission system by virtue of
paying it transmission charges proportionate to the lien. (j)
"month" means a calendar month as
per the British calendar; (k) "nodal agency" means the nodal agency
defined in Regulation 5 of these regulations; (k)
"open access customer" means a
person who has availed or intends to avail of open access under these regulations
and includes a short-term transmission customer as defined in any other
regulations, specified by the Commission or a generating company (including
captive generating plant) or a licensee or a consumer permitted by the State
Commission to receive supply of electricity from a person other than
distribution licensee of his area of supply, or a State Government entity
authorized to sell or purchase electricity; (l)
"power exchange" means the power
exchange established with the prior approval of the Commission; (m)
"regional entity" means a person
whose metering and energy accounting is done at the regional level; (n)
"State Commission" means the State
Electricity Regulatory Commission constituted under Section 82 of the Act and
includes the Joint Commission constituted under Section 83 thereof; (o)
"State network" means network owned
by the State Transmission Utility, distribution licensee or any other person
granted licence by the State Commission to construct, operate and maintain the
transmission system; (p)
"State utility" means a State
Transmission Utility, or a State Electricity Board, or Electricity Department
of the State, or a State Government organization authorized to sell or purchase
electricity on behalf of the State; (q)
"time block" means 15 minutes time
period specified in the Grid Code for the purposes of scheduling and dispatch;
and (r)
"working day" means a day on which
banks are open for business; (2) Words and expressions used in these
regulations and not defined herein but defined in the Act or the Grid Code,
shall have the meaning assigned to them under the Act or the Grid Code, as the
case may be.? Subject to any other regulations specified by the
Commission, the long-term customer shall have first priority for using the
inter-State transmission system for the designated use. These regulations shall
apply for utilization of surplus capacity available thereafter on the
inter-State transmission system by virtue of- (a)
inherent design margins; (b)
margins available due to variation in power
flows; and (c)
Margins available due to in-built spare transmission
capacity created to cater to future load growth or generation addition:? Subject to provisions of these regulations, the Central
Transmission Utility, with approval of the Commission shall issue a detailed
procedure covering relevant and residual matters not detailed in these
regulations.? The nodal agency for bilateral transactions shall be the
Regional Load Dispatch Centre of the region where point of drawal of
electricity is situated and in case of the collective transactions, the nodal
agency shall be the National Load Dispatch Centre.? (1)
An open access customer or the power exchange
(on behalf of buyers and sellers) intending to avail of open access for use of
the transmission lines or associated facilities for such lines on the
inter-State transmission system, shall make an application to the nodal agency
in accordance with these regulations. (2)
The application for a bilateral transaction
shall contain the details, such as names and location of supplier and buyer,
contracted power (MW) to be scheduled and interface at which it is referred to,
point of injection, point of drawal, starting time block and date, ending time
block and date, and such other information that may be required in the detailed
procedure. (3)
The application for a collective transaction
shall contain the requisite details in accordance with the detailed procedure.? An application made for each bilateral transaction or the
collective transaction shall be accompanied by a non-refundable fee of Rupees
five thousand (Rs. 5000/-) only: Provided that the fee for bilateral transaction on the
day of the application or on the day immediately following the day of the
application may be deposited within three working days of submission of the
application.? (1)
Wherever the proposed bilateral transaction
has a State utility or an intra-State entity as a buyer or a seller,
concurrence of the State Load Dispatch Centre shall be obtained in advance and
submitted along with the application to the nodal agency. The concurrence of
the State Load Dispatch Centre shall be in such form as may be provided in the
detailed procedure. (2)
When a State utility or an intra-State entity
proposes to participate in trading through a power exchange, it shall obtain a
"no objection" or a prior standing clearance from the State Load
Dispatch Centre in such form as may be prescribed in the detailed procedure,
specifying the MW up to which the entity may submit a buy or sell bid in a
power exchange. (3)
In case the infrastructure required for
energy metering and time block wise accounting already exists, and required
transmission capacity in the State network is available, the State Load
Dispatch Centre shall accord its concurrence or 'no objection' or standing
clearance, as the case may be, within three (3) working days of receipt of the
application: (4)
In case SLDC decides not to give concurrence
or "no objection" or standing clearance as the case may be, the same
shall be communicated to the applicant in writing, giving the reason for
refusal within the above stipulated period of 3 days. (5)
Unless specified otherwise by the State
Commission concerned, the State Load Dispatch Centre may charge a fee of Rupee
five thousand (Rs 5000/-) for processing applications for concurrence or
"no objection" or prior standing clearance.? (1)
An application for advance scheduling for a
bilateral transaction may be submitted to the nodal agency up to the fourth
month, the month in which an application is made being the first month: Provided that separate application shall be made for each
month, and for each transaction. (2)
(a) An application for inter-State scheduling
during the fourth month shall be made up to the last day of the first month. (b) ??All
applications received shall be taken up together for consideration. (c) ???The
nodal agency shall convey its acceptance or otherwise to the applicant latest
by the fifth day of the second month. (3)
?(a) An
application for inter-State scheduling during the third month shall be made up
to five (5) days prior to the close of the first month. (b) ?All
applications received shall be taken up together for consideration. (c) ??The
nodal agency shall convey its acceptance or otherwise to the applicant latest
by the close of the first month: Provided that while accepting the application, open
access granted to any person prior thereto shall not be withdrawn. (4)
(a) An application for inter-State scheduling
in the second month shall be made with the nodal agency up to ten (10) days
prior to the close of the first month. (b) ??All
applications shall be taken up together for consideration. (c) ??The
nodal agency shall convey its acceptance or otherwise to the applicant five
days prior to the last day of the first month: Provided that while accepting the application, open
access granted to any person prior thereto shall not be withdrawn. (5)
Wherever the nodal agency rejects an
application, it shall convey its reasons to the applicant in writing.? Where in the opinion of the nodal agency, grant of all
applications at a particular stage of advance scheduling is likely to cause
congestion in one or more of the transmission corridors to be used, it shall
conduct electronic bidding for grant of open access for the available surplus
transmission capacity among the applicants at that stage, in accordance with
the detailed procedure: Provided that if any person does not participate in the
bidding process he shall be deemed to have withdrawn his application.? Regulation 11. Procedure for scheduling of
bilateral transactions on first-come-first-served basis.-- (1)
The applications for grant of open access for
the second month, received after the date specified in clause (4) of Regulation
9 and the applications for grant of open access during the first month shall be
considered on first-come-first-served basis, and such transactions shall be
scheduled subject to availability of the required transmission capacity: Provided that such applications shall reach the nodal
agency at least four (4) days in advance of the date of the bilateral
transaction: Provided further that separate application shall be made
for each transaction. (2)
All these applications shall be processed and
decided within three (3) days of their receipt.? All applications for bilateral transactions received
within three days prior to the date of scheduling and up to 1500 hrs of the day
immediately preceding the date of scheduling shall be clubbed and treated at
par, and shall be processed after processing of the applications for collective
transactions received till 1500 hrs. Illustration: An application for scheduling a transaction on 25th day
of a month, shall be processed on first-come-first-served basis only if such
application is received till 21st day of that month. If the application is
received on 22nd day or 23rd day or up to 1500 hrs on 24th day, it shall be
treated only after processing of the applications for collective transactions
received up to 1500 hrs on 24th day for scheduling on 25th day.? In the event of a contingency, the buying utility may
locate a source of power to meet short-term contingency requirement even after
the cut-off time of 1500 hrs of the preceding day and apply to the nodal agency
for open access and scheduling and in that event, the nodal agency shall
endeavour to accommodate such request as soon as and to the extent practically
feasible, in accordance with the detailed procedure.? (1)
The open access schedules accepted by the
nodal agency in advance and on first-come-first-served basis may be cancelled
or revised downwards by the applicant by giving a minimum five (5) days'
notice, excluding the day on which notice is served and the day from which
revised schedules are to be implemented. (2)
The applicant shall continue to be liable to
pay transmission charges as per the schedule originally approved, if the period
of revision or cancellation is up to five (5) days. (3)
If the period of revision or cancellation
exceeds five (5) days, transmission charges for the period beyond five (5) days
shall be payable in accordance with the revised schedule and for the first five
days (5) in accordance with the original schedule. (4)
In case of cancellation, operating charges
shall be payable for five (5) days or the period of cancellation in days, which
ever is less.? (1)
When for the reason of transmission
constraints or to maintain grid security, it becomes necessary to curtail power
flow on a transmission corridor, the transactions already scheduled may be
curtailed in the manner decided by the Regional Load Dispatch Centre, if in its
opinion such curtailment is likely to relieve the transmission constraint or is
likely to improve grid security. (2)
In case of inter-regional bilateral
transactions, approved schedule may be revised or cancelled by the Regional
Load Dispatch Centre, if the Central Government allocates power from a central
generating station in one region to a person in the other region and such
allocation, in the opinion of the Regional Load Dispatch Centre, cannot
otherwise be implemented because of congestion in inter-regional link. The
intimation about such revision or cancellation shall, as soon as possible, be
conveyed to the affected open access customers. (3)
In case of curtailment of the approved
schedule by the Regional Load Dispatch Centre, transmission charges shall be
payable pro-rata in accordance with the curtailed schedule: Provided that operating charges shall not be revised in
case of curtailment.? (1)
In case of bilateral transactions, for use of
the inter-State transmission system, the transmission charges at the rate
specified hereunder shall be payable by the applicant for the energy approved
for transmission at the point (s) of injection: Type
of Transaction Transmission
charges(Total) (Rs./MWh) (a)
Bilateral, intra-regional 30 (b)
Bilateral, between adjacent regions 60 (c)
Bilateral, wheeling through one or more intervening regions 90 (2)
In case of the collective transaction, for
use of the inter-State transmission system, transmission charges at the rate of
Rs. 30/MWh for energy approved for transmission for each point of injection and
for each point of drawal shall be payable. (3)
The intra-State entities shall additionally
pay transmission charges for use of the State network as determined by the
respective State Commission: Provided that in case the State Commission has not
determined the transmission charges, the same shall not be a ground for denial
of open access and charges for use of respective State network shall be payable
for the energy approved at the rate of Rs. 30/MWh: Provided further that transmission charges for use of the
State network shall be intimated to the Regional Load Dispatch Centre concerned
for display on its web site: Provided also that transmission charges shall not be
revised with retrospective effect.? (1)
Operating charges at the rate of Rs. 2,000/-
per day or part of the day for each bilateral transaction for each of the
Regional Load Dispatch Centre involved and at the rate of Rs. 2,000/- per day
or part of the day for each State Load Dispatch Centre involved shall be
payable by the applicant. (2)
In case of the collective transaction,
operating charges shall be payable by the power exchange @ Rs. 5000/- per day
to the National Load Dispatch Centre for each State involved and Rs. 2,000/-
per day for the State Load Dispatch Centre involved for each point of
transaction. (3)
National Load Dispatch Centre shall share the
operating charges with the Regional Load Dispatch Centres in such manner as may
be decided by the Central Transmission Utility. (4)
All buyers within a State shall be clubbed
together and all sellers within a State shall be clubbed together by the power
exchange (with necessary coordination with the State Load Dispatch Centre) and
each of the groups shall be counted as a single entity by National Load
Dispatch Centre for levy of operating charges and for scheduling: Provided that for levy of operating charges for State
Load Dispatch Centre and levy of the intra-State transmission charges, each
point of injection or drawal in the State network shall be counted separately. Note 1:-The operating charges include fee for scheduling,
system operation and collection and disbursement of charges. Note 2:-The operating charges collected by the nodal
agency shall be in addition to the fees and charges specified by the Commission
under sub-section (4) of Section 28 of the Act.? In case of the bilateral transaction, the applicant shall
deposit with the nodal agency transmission charges and operating charges within
three (3) working days of grant of application and in case of collective
transactions, the power exchange shall deposit with the nodal agency these
charges by the next working day falling after the day on which its application
was processed: Provided that in case of the collective transactions, the
transmission charges for use of State network and operating charges for State
Load Dispatch Centre shall be settled directly by the power exchange with
respective State Load Dispatch Centre.? (1)
In case of default in payment of the
application fee or the charges specified under these regulations, the nodal
agency may, in its discretion, decide not to schedule the transaction, or to
cancel the scheduling of already scheduled transaction or not to entertain any
application of such persons in future until such time the default is cured. (2)
Notwithstanding the above, the person
committing default in payment shall pay simple interest at the rate of 0.04%
for each day of default.? (1)
All transactions for State utilities and for
intra-State entities scheduled by the nodal agency under these regulations,
shall be accounted for and included in the respective day-ahead net interchange
schedules of the concerned regional entity issued by the Regional Load Dispatch
Centre. (2)
Based on net metering on the periphery of
each regional entity, composite UI accounts shall be issued for each regional
entity on a weekly cycle and transaction-wise UI accounting, and UI accounting
for intra-State entities shall not be carried out at the regional level. (3)
The State utility designated for the purpose
of collection/disbursement of UI charges from/to intra-State entities shall be
responsible for timely payment of the State's composite dues to the regional UI
pool account. (4)
Any mismatch between the scheduled and the
actual drawal at drawal points and scheduled and the actual injection at
injection points for the intra-State entities shall be determined by the
concerned State Load Dispatch Centre and covered in the intra-State UI
accounting scheme. (5)
Unless specified otherwise by the concerned
State Commission, UI rate for intra-State entity shall be 105% (for
over-drawals or under generation) and 95% (for under-drawals or over
generation) of UI rate at the periphery of regional entity. (6)
In an interconnection (integrated A.C. grid),
since MW deviations from schedule of an entity are met from the entire grid,
and the local utility is not solely responsible for absorbing these deviations,
restrictions regarding magnitude of deviations (except on account of
over-stressing of concerned transmission or distribution system), and charges
other than those applicable in accordance with these regulation (such as standby
charges, grid support charges, parallel operation charges) shall not be imposed
by the State Utilities on the customers of inter-State open access.? (1)
No separate reactive energy charge accounting
for open access transactions shall be carried out at inter-State level: Provided that the State Utility designated for the
purpose shall be responsible for timely payment of the State's composite dues
to the regional reactive charge account in accordance with the provisions of
the Grid Code. (2) The reactive energy drawals and injections by the intra-State
entities shall be governed by the regulations applicable within the State
concerned. ?? (1)
Special Energy Meters shall be installed by
the Central Transmission Utility for and at the cost of the regional entities
and by the State Transmission Utility for and at the cost of the intra-State
entities. (2)
Special Energy Meters installed shall be
capable of time-differentiated measurements for time block wise active energy
and voltage differentiated measurement of reactive energy in accordance with
Annexure - 2 to Chapter-6 of the Grid Code. (3)
Special Energy Meters shall always be
maintained in good condition. (4)
Special Energy Meters for the regional
entities shall be open for inspection by any person authorized by the Central
Transmission Utility or the Regional Load Dispatch Centre.? (1)
The buyers and sellers of the electricity
shall absorb apportioned energy losses in the transmission system as estimated
by the Regional Load Dispatch Centre and the State Load Dispatch Centre
concerned, and applied in accordance with the detailed procedure. (2)
The energy losses shall be accounted for by
providing a differential between schedules at the points of supply,
inter-utility transfer and drawal of electricity. (3)
The applicable transmission losses for the
regional transmission system as well as for State network shall be declared in
advance and shall not be revised retrospectively.? The buyers and sellers of energy shall comply with the
provisions of the Grid Code in force from time to time.? Regulation 25. Collection and Disbursement of
transmission charges and operating charges.-- (1)
The transmission charges and the operating
charges payable by the persons allowed open access shall be collected and
disbursed by the nodal agency, except for transmission charges for State
network and operating charges for State Load Dispatch Centre in the case of the
collective transaction. (2)
The transmission charges collected for use of
the transmission system other than the State network for a bilateral
transaction in accordance with these regulations, shall be utilized for
reduction in monthly transmission charges payable by long-term customers of the
region concerned in the following manner after allowing 25% of the transmission
charges to be retained by the Central Transmission Utility- (a)
In case of intra-regional bilateral
transaction: 75% of the transmission charges to the region concerned. (b)
In case of bilateral transaction between
adjacent regions: 37.5% of the transmission charges for each region. (c)
In case of bilateral transaction through one
or more intervening regions: 25% of the transmission charges for each of
importing and exporting each region and remaining 25% of the transmission
charges to be allocated equally among intervening regions. (3)
The transmission charges collected for use of
the transmission system other than the State network for a collective
transaction shall be disbursed in the following manner, namely- (a)
25% of the transmission charges payable for
each point of injection and each point of drawal shall be retained by the
Central Transmission Utility (b)
75% of the transmission charges payable for
each point of injection and each point of drawal shall be used for reduction in
transmission charges payable by long-term customers of the region in which
point of injection or point of drawal, as the case may be, is situated. (4)
The transmission charges for use of State
network shall be disbursed to the State Transmission Utility concerned. (5)
In case a State utility is the open access
customer, the operating charges and the transmission charges to be collected by
the nodal agency shall not include the charges for the State network and
operating charges for the State Load Dispatch Centre.? Unless the dispute involves the State Load Dispatch
Centre and the intra-State entities of the concerned State and falls within the
jurisdiction of the State Commission, all disputes arising under these
regulations shall be decided by the Commission based on an application made by
the person aggrieved.? National Load Dispatch Centre and each Regional Load
Dispatch Centre shall post the following information on their websites in a
separate web-page titled "Open access information": (a)
These regulations; (b)
The detailed procedure; (c)
A list of bilateral transactions accepted by
the nodal agency, to be displayed till the end of the month in which
transactions are scheduled, indicating: (i)
Name of customers; (ii)
Period of the open access granted (start date
and end date); (iii) Point or points of injection; (iv)
Point or points of drawal; (v)
Transmission systems used (in terms of
regions and States); (vi)
Accepted schedule (MW) with start time and
end time; Note: The status report shall be updated daily. (d)
Information regarding usage of the
inter-regional links. (e)
The information regarding average regional
energy losses for the previous 52 weeks. (f)
Transmission charges and applicable
transmission losses for various State networks as informed by the State
utilities concerned. (g)
The list of open access applications for
advance scheduling received as the nodal agency which have not been accepted,
along with reasons for denial, to be displayed till one month after the
scheduling period.? (1)
The provisions of the Central Electricity
Regulatory Commission (Open Access in inter-State Transmission) Regulations,
2004 shall not apply to the open access customers whose applications are
processed under these regulations. (2)
The provisions relating to long-term
customers as contained in the Central Electricity Regulatory Commission (Open
Access in inter-State Transmission) Regulations, 2004 shall continue to apply
till Commission notifies separate regulations covering aspects relating to
long-term customers. (3)
The provisions relating to short-term open
access as contained in the Central Electricity Regulatory Commission (Open
Access in inter-State Transmission) Regulations, 2004 shall stand repealed on
1.4.2008. CENTRAL ELECTRICITY
REGULATORY COMMISSION (OPEN ACCESS IN INTER-STATE TRANSMISSION) REGULATIONS,
2008
PREAMBLE