JHARKHAND STATE ELECTRICITY
REGULATORY COMMISSION (TERMS AND CONDITIONS FOR INTRA-STATE OPEN ACCESS)
REGULATIONS, 2016
PREAMBLE
In exercise of powers conferred
by Section 181 read with relevant provisions of Sections 39, 40, 42 and 49 of
the Electricity Act, 2003 and all other powers enabling in this behalf and
after previous publication, Jharkhand State Electricity Regulatory Commission
hereby makes the following Regulations, namely:-
CHAPTER I
PRELIMINARY
Regulation-1. Short title, commencement and extent.--
These Regulations shall be called
'Jharkhand State Electricity Regulatory Commission (Terms and Conditions for
Intra-State Open Access) Regulations, 2016'.
These Regulations shall extend to
the whole State of Jharkhand.
These Regulations shall come into
force on the date of its publication in the Jharkhand Gazette and unless
reviewed or amended or extended by the Commission, and shall remain in force
upto 31st March, 2020.
Regulation-2. Scope and extent of application.--
These regulations shall apply
where an application has been made for grant of connectivity for the purpose of
Open Access to the intra-State transmission and/or distribution system and or
where an application has been made for Long Term Open Access (LTOA), Medium
Term Open Access (MTOA) or Short Term Open Access (STOA) for use of the
intra-State transmission and/or distribution system including when such system
is used in conjunction with inter-State transmission system.
Provided that a generating
station, including captive generating plant, or a Consumer/person shall not be
eligible to apply for LTOA or MTOA or STOA unless it has the Connectivity or it
applies for Connectivity to the intra-State transmission or distribution system
as the case may be.
Provided further that, a person
may apply for Connectivity as well as LTOA or MTOA or STOA simultaneously.
A Consumer/person whose premises
are situated within the area of supply of a distribution licensee, seeking to
receive supply from a person other than the distribution licensee of its/his
area of supply; a generating company (including captive generating plant) or
licensee seeking to supply to a Consumer/person in the State, would need to
apply for Open Access under these Regulations.
Regulation-3. Definition.--
In these regulations, unless the
context otherwise requires:
"Act" means the
Electricity Act, 2003 (36 of 2003) and subsequent amendment thereof;
"Applicant" means any
licensee or Consumer or a person engaged in generation of power or a person
other than Consumer who has made an application as per these regulations to the
Nodal Agency seeking Connectivity or Open Access as the case may be;
"Central Commission or
CERC" means the Central Electricity Regulatory Commission referred to in
subsection (1) of section 76 of the Act;
"Commission or JSERC "
means the Jharkhand State Electricity Regulatory Commission;
"Connection Agreement"
means an agreement between State Transmission Utility (STU), intra-State
transmission licensee other than STU, if any and or distribution licensee and
an applicant, setting out the terms relating to Connectivity to the intra-State
transmission system and/or distribution system;
"Connectivity" means
the state of getting connected to the intra-State transmission and/or
Distribution System;
"Consumer" shall carry
the same meaning as in the Act, but shall be restricted to such Consumers
within the State of Jharkhand to whom these regulations shall apply;
"Contract Demand" means
demand in kilovolt ampere (kVA) or megavolt ampere (MVA) as mutually agreed
between the distribution licensee and the Consumer as entered into the
agreement for supply of electricity;
"Day" means a day
starting at 00.00 hours and ending at 24.00 hours of any calendar date of
Gregorian calendar;
"Detailed Procedure"
means the detailed procedure laid down by the Nodal Agency pursuant to these
regulations and approved by the Commission;
"Embedded Open Access
Consumer" means a Consumer who has a supply agreement with the
distribution licensee in whose area of supply the Consumer is located and
avails the option of drawing power from any other person under Open Access,
during a day or more in any month or more than one month during the year,
without ceasing to be a Consumer of the said distribution licensee and continues
to pay various charges defined by the Commission as applicable to relevant
Consumer category.
"Imbalance" in a time
block for a generating station means its total actual generation minus its
total scheduled generation and for an Open Access Consumer means its total
actual drawal minus total scheduled drawal.
"Interconnection
Facilities" means interconnection facilities at interconnection point in
respect of generating station or Consumer/licensee or applicant, without
limitation, inclusive of all facilities such as switching equipment, control,
protection and metering devices etc. for the dedicated feeder bay, owned by the
applicant or by an intra-State transmission licensee or distribution licensee,
as the case may be, and located in the premises/switchyard of the STU or
transmission licensee or distribution licensee or generating station or Consumer
or applicant to enable power interchange through the intra-State transmission
and or distribution system;
"Interconnection Point"
means the interface point(s) at which the generating plant/electrical plant and
or electric line, including inter-connection facilities, of the applicant or
Open Access Consumer or the intra-State transmission licensee, other than the
STU, is connected to the intra-State transmission system and or distribution
system. However, in case of solar photovoltaic and wind energy generating
station the point of Connectivity shall be line isolator on outgoing feeder on
HV side of the pooling station, and for solar thermal generating station, the
point of Connectivity shall be line isolator on outgoing feeder on HV side of
generator transformer.
"Interface Meters"
means interface meters installed in accordance with the Central Electricity
Authority (Installation and Operation of Meters) Regulations, 2006 and as
amended from time to time;
"Limited Short Term Open
Access Consumer" or "LSTOAC" means a Consumer who has a supply
agreement with the distribution licensee in whose area of supply the Consumer
is located and avails Open Access in distribution and/or transmission system
only during pre-scheduled load shedding due to shortage of power.
"Long Term Open Access or
LTOA" means the right to use the Intra-State transmission and/or
distribution system for a period exceeding 12 years but not exceeding 25 years;
"Medium Term Open Access or
MTOA" means the right to use the Intra State Transmission and/or
distribution system for a period exceeding 3 months but not exceeding 3 years;
"Meter" means a device
suitable for measuring, indicating or recording consumption of electricity or
any other quantity related to an electrical system and shall include, wherever
applicable, other equipment such as current transformer, potential transformer,
voltage transformer or capacitor voltage transformer with necessary wiring and
accessories for such purpose.
"Month" means a
calendar month as per the Gregorian calendar;
"Nodal Agency" means
the nodal agency referred to in these regulations;
"Open Access" means the
non-discriminatory provision for the use of transmission lines or distribution
system or associated facilities with such lines or system by any licensee or
Consumer or a person engaged in generation of electricity in the State in
accordance with these regulations;
"Open Access Consumer"
means any licensee or Consumer or buyer or a person engaged in generation who
has been granted Open Access in accordance with these regulations;
"Short Term Open Access or
STOA" means Open Access for a period up to one (1) month at a time;
"SLDC" means State Load
Despatch Centre established under section 31 of the Act.
"Stranded Distribution
Capacity" means the distribution capacity which is likely to remain
unutilized due to relinquishment of access rights by a LTOA Consumer in
accordance with these regulations;
"Stranded Transmission
Capacity" means the transmission capacity in the intra-State transmission
system which is likely to remain unutilized due to relinquishment of access
rights by a LTOA Consumer in accordance with these regulations;
"State" means the State
of Jharkhand;
"Grid Code" means the
Grid Code specified by the Commission under Clause (h) of sub-section (1) of
section 86 of the Act or the Indian Electricity Grid Code as specified by CERC
as applicable on the date of commencement of these regulations;
"Unscheduled
Interchange" means the unscheduled interchange of energy as mentioned in
the Indian Electricity Grid Code/CERC regulations/DSM regulations;
"Year" means a
financial year.
Words or expressions used in
these regulations and not defined herein but defined in the Act or the State
Grid Code and subsequent amendments thereof or any other regulations specified
by the Commission shall, unless the context otherwise requires, have the same
meaning as assigned to them under the Act or the State Grid Code or other
regulations specified by the Commission, as the case may be.
Regulation-4. Coordination committee and detailed procedure.--
The STU shall constitute a
Coordination Committee within one (1) month from the date of notification of
these regulations. The Coordination Committee shall have a nominee each of the
distribution licensee, transmission licensee and the SLDC. The nominee of the
STU shall be the Chairperson of the Coordination Committee.
The Coordination Committee shall
facilitate timely approval of Connectivity and Open Access application(s) and
exchange of information when network of more than one licensee is involved in
the Open Access transactions. The Coordination Committee shall frame rules for
the conduct of its business and also the detailed procedure for grant of
Connectivity and Open Access. The rules for conduct of its business and the
detailed procedure, consistent with provisions of these regulations and the
provisions of State Grid Code, shall be submitted by the Coordination Committee
to the Commission for approval within sixty (60) days from the date of notification
of these regulations.
Till such time the rules for the
conduct of business of Coordination Committee and detailed procedure for grant
of Connectivity and intra-state Open Access is approved by the Commission,
Connectivity and intra-state Open Access shall continue to be granted as per
the existing procedure, which shall, however, not be inconsistent with the
provisions of these regulations.
The STU, with the assistance of
the distribution licensee, shall prepare the detailed procedure and various
formats for application, approval, agreement, etc. and may adopt the formats
provided along with the model terms and conditions of intra-State Open Access
regulations approved by the Forum of Regulators with suitable amendments so as
to make all the formats consistent with the provisions of the Act and these
regulations.
The person seeking application
form for Connectivity or intra-State Open Access shall also be provided a copy
of the detailed procedure along with each application form. The application
form and detailed Procedure shall be given on payment of nominal charges of INR
200/-. However, in case of subsequent application, detailed procedure may not
be required to be given along with the application form but a copy of
subsequent amendment, if any, shall be provided to the existing or prospective
Open Access Consumers.
CHAPTER II
GRANT OF CONNECTIVITY
Regulation-5. Eligibility for Connectivity.--
A Consumer or a person or a
generating station or a captive generating plant shall be provided connectivity
in line with the norms specified for providing electricity supply in Regulation
A4 of the JSERC (Electricity Supply Code) Regulations, 2015.
Provided that in case where
Connectivity cannot be given at the voltage level specified in this regulation
due to non-availability of requisite system or on account of some
system/technical constraints then Connectivity shall be given at an appropriate
voltage level irrespective of the load of the Consumer or the installed
capacity of a generating station seeking the Connectivity.
Provided further that in case of
the Consumer or a generating station already connected either to transmission
system or the distribution system at voltage level other than that specified in
this regulation then such Consumer or the generating station shall continue to
remain connected at the same voltage level.
Regulation-6. Application procedure for Connectivity to intra-State transmission system.--
Applicant shall apply to the STU
for Connectivity in the format prescribed in the detailed procedure to be laid
down by the STU. The STU shall prescribe the procedure within a period of
thirty (30) days from the coming into force of these Regulations.
The application shall be
accompanied by non-refundable fee, as prescribed from time to time, in the form
prescribed in the detailed procedure by the STU. However, till the time such
fee is prescribed in detailed procedure, it shall be Rs. 2,00,000/- (Rupees Two
Lakhs) per application.
The Application for Connectivity
shall contain details such as proposed geographical location of the applicant,
quantum of power to be interchanged that is the quantum of power to be injected
in the case of a generating station including a captive generating plant and
quantum of power to be drawn in the case of Consumer, with the intra-State
transmission system and such other details as may be laid down by the State
Transmission Utility in the detailed procedure.
Provided that in cases where once
an application has been filed and thereafter there has been any material change
in the location of the applicant or change by more than 10% (ten percent) in
the quantum of power to be interchanged with the intra-State transmission
system, the applicant shall make a fresh application, which shall be considered
in accordance with these Regulations.
Regulation-7. Processing of application and grant of connectivity by stu/transmission licensee.--
On receipt of the application,
complete in all respects along with supporting data, the STU shall, in
consultation and through coordination with other agencies involved in the
intra-State transmission, process the application and carry out the necessary
interconnection/feasibility study as specified in the Central Electricity
Authority (Technical Standards for Connectivity to the Grid) Regulations, 2010
and as amended from time to time and State Grid Code.
The State Transmission Utility
shall, within sixty (60) days, from the receipt of an application under these
regulations and after considering all suggestions and comments received from
other agencies involved in the intra-State transmission including State Load
Despatch Centre:
Accept the application with such
modification or such conditions as may be specified by them;
Reject the application for
reasons to be recorded in writing if such application is not in accordance with
the provisions of these Regulations.
In case of acceptance of an
application as per clause (a) above, the State Transmission Utility shall make
a formal offer to the applicant:
Provided that the State Transmission
Utility shall forward a copy of the offer to the appropriate intra-State
transmission licensee in case Connectivity is granted to the intra-State
transmission system of an intra-State transmission licensee other than the
State Transmission Utility.
The State Transmission Utility,
upon compliance of the required conditions by the applicant and intra-State
transmission licensees including the State Transmission Utility, shall inform
the concerned applicant that it can be connected to the intra-State
transmission system.
While granting Connectivity, the
STU shall specify the name of the sub-station or pooling station or switchyard
where Connectivity is to be granted. In case Connectivity is to be granted by
looping-in and looping-out of an existing or proposed line, the STU shall
specify the point of connection and name of the line at which Connectivity is
to be granted. The STU shall indicate the broad design features of the
dedicated transmission line and the timeframe for completion of the dedicated
transmission line.
The Applicant shall sign a
connection agreement with the State Transmission Utility or intra-State
transmission licensee, as the case may be, owning the sub-station or pooling
station or switchyard or the transmission line as identified by the STU where
Connectivity is being granted:
Provided that in case of a
generating station, including captive generating plant or Consumer is granted
Connectivity to the intra-State transmission system of an intra-State
transmission licensee other than the STU, a tripartite agreement as provided in
the Central Electricity Authority (Technical Standards for Connectivity to the
Grid) Regulations, 2007, as amended, shall be signed between the applicant, the
STU and such intra-State transmission licensee:
Provided further the State Load
Despatch Centre shall also be provided with a copy of the above mentioned
Connection Agreement by the STU/intra-State transmission licensee.
The
applicant and all intra-State transmission licensees including the State Transmission
Utility shall comply with the provisions of State Grid Code and the Central
Electricity Authority (Technical Standards for Connectivity to the Grid)
Regulations, 2010, as amended. The grant of Connectivity shall not entitle an
applicant to interchange any power with the grid unless it obtains LTOA, MTOA
or STOA in accordance with the provisions of these regulations.
A
generating station, including captive generating plant which has been granted
Connectivity to the grid shall be allowed to undertake testing including full
load testing by injecting its infirm power into the grid before being put into
commercial operation. This would be done before availing any type of Open
Access but after obtaining permission of the State Load Despatch Centre, which
shall keep grid security in view while granting such permission. Such infirm
power injected into the grid by a generating station or a unit thereof, other
than those based on non-conventional energy sources, the tariff of which is
determined by the Commission, shall be charged at the rates for imbalance
settlement as determined by the Commission under JSERC (Balancing &
Settlement Mechanism for Open Access) Regulations, 2010 and as amended from
time to time.
Unless
exempted by the Commission for reasons to be recorded in writing, an applicant
may be required by the State Transmission Utility to construct a dedicated line
to the point of connection to enable Connectivity to the grid, the cost of such
line and bay shall be borne by the applicant. In cases where augmentation of
the 132 kV/220 kV line feeding the substation is required the same shall also
be borne by the applicant.
Regulation-8. Application procedure for Connectivity to distribution system.--
Connectivity to distribution
system by any person and processing of application shall be governed as per the
provisions of Supply Code and Conditions of Supply approved by the Commission.
All eligible generating stations
including a captive generating plant, or Consumer seeking Connectivity to the
distribution system, shall apply to the distribution licensee for Connectivity
in the format prescribed in the procedure to be laid down by the distribution
licensee.
The distribution licensee shall
prescribe the procedure within a period of thirty (30) days from the coming
into force of these regulations.
The application shall be
accompanied by non-refundable fee, as prescribed from time to time, in the form
prescribed in the detailed procedure. However, till the time such fee is
prescribed in detailed procedure, it shall be Rs. 2,00,000/- (Rupees two lakh)
per application.
The application for Connectivity
shall contain details such as proposed geographical location of the generating
station, quantum of power to be injected and such other details as may be laid
down by the distribution licensee concerned in the procedure.
Regulation-9. Processing of Application and Grant of Connectivity to distribution system.--
On receipt of the application,
complete in all respects along with the supporting data, the distribution
licensee shall, in consultation and coordination with State Transmission
Utility, process the application and carry out the necessary inter-connection
study as specified in the Central Electricity Authority (Technical Standards
for Connectivity to the Grid) Regulations, 2010 and as amended from time to
time and the State Grid Code.
While granting Connectivity, the
distribution licensee shall specify the name of the sub-station or pooling
station or switchyard where Connectivity is to be granted. In case Connectivity
is to be granted by looping-in and looping-out of an existing or proposed line,
the distribution licensee shall specify the point of connection and name of the
line at which Connectivity is to be granted.
The distribution licensee shall
indicate the broad design features such as switchyard and interconnection
facility upto the point of injection/drawl into/from the substation of the
distribution licensee and the timeframe for completion of the same. The cost of
creation of these facilities shall be borne by the generating company or
Consumer. In cases where augmentation of the distribution licensee's
sub-station is involved, the generating company or Consumer shall also bear the
cost of bay, breaker in the distribution licensee's sub-station and equipment
for inter-connection of real time data to SLDC.
The applicant shall sign a
Connection Agreement with the distribution licensee where Connectivity is being
granted.
The grant of Connectivity shall
not entitle an applicant to interchange any power with the grid unless it
obtains LTOA, MTOA or STOA in accordance with the provisions of these
regulations.
A generating station, including
captive generating plant which has been granted Connectivity to the
distribution system shall be allowed to undertake testing including full load
testing by injecting its infirm power into the grid before being put into
commercial operation, even before availing any type of Open Access but after
obtaining permission of the State Load Despatch Centre and the distribution licensee.
They shall keep grid security in view while granting such permission. Such
infirm power injected into the grid by a generating station or a unit thereof,
other than those based on non-conventional energy sources, the tariff of which
is determined by the Commission, shall be charged at the rates for imbalance
determined by the Commission from time to time.
CHAPTER III
GENERAL PROVISIONS FOR OPEN ACCESS
Regulation-10. Eligibility for Open Access and conditions to be satisfied.--
Subject to the provisions of
these regulations, the licensees, generating companies, captive generating
plants and Consumers shall be eligible for Open Access to the intra-State
transmission system of the State Transmission Utility or any intra-State
transmission licensee on payment of transmission and other charges as may be
determined by the Commission pursuant to these regulations.
Subject to the provisions of
these regulations, the licensees, generating stations, captive generating
plants and Consumers shall be eligible for Open Access to distribution system
of a distribution licensee on payment of the wheeling and other charges as may
be determined by the Commission pursuant to these regulations.
Subject to the provisions of
these Regulations, Open Access shall be permissible to all Consumer having
demand of 1 MW and above (except generating plants):
Provided that when a person, who
has established a captive generating plant, opts for Open Access for carrying
the electricity to the destination of his own use, the limitation of 1 MW shall
not be applicable;
Provided further that duties of
the distribution licensee with respect of such Open Access Consumers shall be
of a common carrier providing non-discriminatory Open Access as per section
42(3) of the Act;
Provided that the Commission may
allow Open Access to Consumers seeking Open Access for capacity less than 1 MW
at such time as it may consider feasible having regards to operational
constraints.
A person having been declared
insolvent or bankrupt or having outstanding dues against him for more than two
months billing of distribution/transmission licensee at the time of application
shall not be eligible for Open Access.
The Open Access
Consumer/generator shall have to install ABT compliant meters at their place
for energy accounting and Remote Terminal Unit (RTU) to facilitate SLDC in real
time monitoring, which shall be duly certified by the licensee concerned.
Subject to the provisions of
these Regulations, consumers who are connected at 33 kV or below Sub Station or
connected on common feeder irrespective of their voltage of supply, shall be
allowed open access subject to the condition that they agree to rostering
restrictions including power cut imposed by the licensee on the feeders serving
them.
No power cut shall be imposed by
the licensee on open access consumers who are on independent feeders connected
to 66 kV or above Grid Sub Station irrespective of their supply voltage to the
extent of power availed through open access.
Provided that in case power is
drawn from the licensee beyond the scheduled power during power cut period, the
licensee shall bill the excess energy drawn during this period at four (4)
times the tariff applicable to that consumer category. The licensee may also
disconnect the feeders if system conditions so warrant and no compensation
shall be paid for the un-utilized open access power. The supply shall be
restored on submission of written undertaking to adhere to the schedule. In
case the default persists for a continuous period of 3 days, the facility of
open access shall be liable to be withdrawn for a month.
The consumers availing single
point supply from the distribution licensee and making electricity available to
multiple users shall not be eligible to avail open access.
Regulation-11. Special Provisions for existing distribution licensees.--
The distribution licensees using
intra-State transmission system and/or the distribution system in the State on
the date of coming into force of these Regulations under an existing
arrangement shall be entitled to continue to avail Open Access on such
transmission and/or distribution system on the existing terms and conditions on
payment of transmission charges and/or the wheeling charges and other
applicable charges as may be determined by the Commission from time to time;
Provided that in case any
distribution licensee was permitted/authorized by the State Government to
supply energy to any person outside the area of supply under Section 27 of the
Indian Electricity Act, 1910 (now repealed by the Act), there will be no
surcharge applicable till the current validity of such consent/authorization.
The existing distribution
licensees shall, within thirty (30) days of coming into force of these
Regulations, furnish to the State Transmission Utility and the State Load
Despatch Centre, details of use of their transmission system and/or the
distribution system and the terms and conditions for such use.
Regulation-12. Provisions for existing Consumers and generating companies availing Open Access.--
The existing Consumer or a
generating company including existing sellers/captive generating plants other
than the distribution licensees availing Open Access under some agreements or
government policy on the date of coming into force of these regulations shall
submit to the State Transmission Utility and the State Load Despatch Centre
details of capacity utilized, point of injection, point of drawal, duration of
availing Open Access, peak load, average load and such other information as the
State Transmission Utility or the State Load Despatch Centre may require,
within 30 days of coming into force of these Regulations. The existing Consumer
or a generating company including existing sellers/captive generating plants
may continue to avail Open Access on the terms and conditions of the policy of
the State Government or the agreement till the current validity of the
policy/agreement.
However, in cases where Open
Access is currently being availed are not covered by any policy directive by
the State Government or an existing agreement, Open Access shall be provided on
payment of charges prescribed by Commission pursuant to these regulations.
Regulation-13. Criteria for granting Long Term OPEN Access or Medium Term Open Access or Short Term Open Access.--
The LTOA shall be allowed in
accordance with the transmission system planning criteria and the distribution
system planning criteria stipulated in the State Grid Code, or as specified by
the Commission from time to time;
MTOA shall be granted if the
resultant power flow can be accommodated in the existing transmission system
and the distribution system;
A Consumer shall be eligible for
STOA over the surplus capacity available on the intra-State transmission
system/distribution system after use by LTOA Consumers and MTOA Consumers, by
virtue of:
Inherent Design Margins;
Margins available due to
variation in power flows; and
Margins available due to in-built
spare transmission/distribution capacity created to cater to future load
growth.
Provided, that construction of a
dedicated transmission line/distribution system shall not be construed as
augmentation of the transmission system/distribution system for the purpose of
this regulation.
CHAPTER IV
APPLICATION PROCEDURE AND APPROVAL
Regulation-14. Categories of Open Access Consumers.--
The application procedure, application fee and the time
frame of processing request by eligible Consumers seeking Open Access shall be
based on the following criteria:
System to which connected:
i.
Intra-State transmission system
ii.
Distribution system
Inter-se location of drawal and injection points:
i.
Both within the same distribution system
ii.
Injection/drawl point at the intra-State
transmission system
iii.
In different distribution systems within the
State
Duration of Open Access:
i.
Long-term Open Access
ii.
Medium-term Open Access
iii.
Short-term Open Access
Type of transaction:
i.
Collective transactions through Power Exchange(s)
ii.
Bilateral transactions as per mutual
negotiation
Regulation-15. Application procedure for Open Access.--
All applications for Open Access shall be made in the
prescribed format and submitted to the Nodal Agency in accordance with these
regulations.
All applicants seeking Open Access shall submit an
undertaking of not having entered into Power purchase agreement (PPA) or any
other bilateral agreement with more than one person for the capacity (quantum
of power) for which Open Access is sought.
Subject to the provisions of these regulations, the Nodal
Agency, application fee, documents to accompany the application and time frame
for disposal of application shall be as specified in the following table:
|
Sl.
No. |
Particulars |
Short
term |
Medium
term |
Long
term |
|
1. |
Nodal
Agency: |
|
|
|
|
a) |
Intra-State:
In case injection and drawl points are within the State whether on
transmission system or on distribution system or on systems of different
distribution licensees or different transmission licensees |
SLDC |
SLDC |
STU |
|
b) |
Inter-State:
In case injection and drawl points are in different States |
RLDC |
CTU |
CTU |
|
2. |
Application
fee: |
|||
|
a) |
For
Intra-state open access |
Rs.
5,000 |
Rs.
1,00,000 |
Rs.
2,00,000 |
|
b) |
For
Inter-state open access |
As determined
by CERC from time to time |
||
|
3. |
Time
frame for disposal of application from the date of receipt of application
complete in all respects |
|||
|
a) |
For
Intra-state open access |
i) 7
working days if applied for first time and 5 working days on subsequent
applications if connection being sought is on system of intra-State
transmission licensee. ii)
10 working days if applied for first time and 5 working days on subsequent
applications if connection being sought is on system of distribution licensee |
40
days |
i)
40 days if the Open Access is required within the system of same distribution
licensee and no augmentation work of distribution system is involved. ii)
In all other cases 120 days in case no augmentation work of distribution
system or transmission system is involved and 180 days or actual number of
days as may be required, whichever is earlier, in case augmentation work of
transmission system or distribution system is involved |
|
b) |
For
Inter-state open access |
As
per CERC regulations and as amended from time to time |
||
|
4. |
Documents
to accompany the application |
|||
|
a) |
For
Intra-state open access |
As
per the requirements detailed in Section A15 of these regulations |
||
|
b) |
For Inter-state
open access |
As
per CERC regulations and as amended from time to time |
||
Applications for Open Access and Connectivity shall be
received and processed at headquarters of the Nodal Agency in accordance with
the detailed procedure.
Procedure for LTOA/MTOA involving inter-State
transmission system:
Notwithstanding anything contained in these regulations,
procedure for inter-State LTOA/MTOA shall be as per Central Electricity
Regulatory Commission (Grant of Connectivity, Long Term Access and Medium Term
Open Access in inter-State Transmission and related matters) Regulations, 2009
or its statutory re-enactments as amended from time to time:
Provided that in respect of a Consumer connected to a
distribution system seeking inter State LTOA/MTOA, the SLDC, before giving its
consent to the CTU as required under the Central Commission's regulations,
shall require the Consumer to submit the consent of the distribution licensee
concerned.
Procedure for LTOA involving intra-State transmission
system:
Subject to the provisions of these regulations,
intra-State LTOA involving intra-State transmission system shall be in
accordance with the provisions given herein below.
The application for grant of LTOA shall contain details
such as name of the entity or entities from whom electricity is proposed to be
procured or to whom to be supplied along with the quantum of power and such
other details as may be laid down by the State Transmission Utility in the
detailed procedure:
Provided further that in cases where there is any
material change in location of the applicant or change by more than 10 percent
in the quantum of power to be interchanged using the intra-State transmission
system, a fresh application shall be made, which shall be considered in
accordance with these regulations.
The applicant shall submit any other information sought
by the Nodal Agency including the basis for assessment of power to be
interchanged using the intra-State transmission system and power to be
transmitted to or from various entities or regions to enable the Nodal Agency
to plan the intra-State transmission system in a holistic manner.
The application shall be accompanied by a bank guarantee
in favor of the Nodal Agency in the manner laid down under the detailed
procedure. However, till the time it is prescribed in detailed procedure, it
shall be Rs. 10,000/- (ten thousand) per MW of the total power to be
transmitted.
The bank guarantee shall be kept valid and subsisting
till the execution of the LTOA agreement, in the case when augmentation of
transmission system is required, and till operationalization of LTOA when
augmentation of transmission system is not required.
The bank guarantee may be encashed by the Nodal Agency,
if the application is withdrawn by the applicant or the LTOA rights are
relinquished prior to the operationalization of such rights when augmentation
of transmission system is not required.
The aforesaid bank guarantee will stand discharged with
the submission of bank guarantee required to be given by the applicant to the
State Transmission Utility during construction phase when augmentation of
transmission system is required, in accordance with the provisions in the
detailed procedure.
On receipt of the application, the Nodal Agency shall, in
consultation and through coordination with other agencies involved in
intra-State transmission system to be used, process the application and carry
out the necessary system studies as expeditiously as possible so as to ensure
that the decision to grant LTOA is arrived at within the timeframe specified in
these regulations:
Provided that in case the Nodal Agency faces any
difficulty in the process of consultation or coordination, it may approach the
Commission for appropriate directions.
Based on the system studies, the Nodal Agency shall
specify the intra- State transmission system that would be required to give
LTOA. In case augmentation to the existing intra-State transmission system is
required, the same will be intimated to the applicant.
While granting LTOA, the Nodal Agency shall communicate
to the applicant, the date from which LTOA shall be granted and an estimate of
the transmission charges likely to be payable based on the prevailing costs,
prices and methodology of sharing of transmission charges specified by the Commission.
The applicant shall sign an agreement for LTOA with the
State Transmission Utility in case LTOA is granted by the State Transmission
Utility, in accordance with the provision as may be made in the detailed
procedure. While seeking LTOA to an intra-State transmission licensee, other
than the State Transmission Utility, the applicant shall sign a tripartite LTOA
agreement with the State Transmission Utility and the intra-State transmission
licensee, if involved. The LTOA agreement shall contain the date of
commencement of LTOA, the point of injection of power into the grid and point
of drawal from the grid and the details of dedicated transmission lines, if
any, required. In case augmentation of transmission system is required, the
LTOA agreement shall contain the time line for construction of the facilities
of the applicant and the transmission licensee, the bank guarantee required to
be given by the applicant and other details in accordance with the detailed
procedure.
Immediately after grant of LTOA, the Nodal Agency shall
inform the State Load Despatch Centre so that it can consider the same while
processing requests for grant of STOA, received under these regulations.
On the expiry of the period of LTOA, the same shall stand
extended on a written request by the Consumer, to the Sate Transmission
Utility, submitted at least six months prior to such expiry, mentioning the
period for which extension is required:
Provided that in case no written request is received from
the Consumer within the timeline specified above, the said LTOA shall stand
terminated on the date upto which it was initially granted.
Procedure for Medium Term Open Access involving only
intra-State transmission system:
Subject to the provisions of these regulations,
intra-State MTOA involving intra-State transmission system shall be in
accordance with the provisions of clause (a) to (f) herein below:
The application for grant of MTOA shall contain such
details as may be laid down under the detailed procedure and shall, in
particular, include the point of injection into the grid, point of drawal from
the grid and the quantum of power for which MTOA has been applied for.
The start date of the MTOA shall not be earlier than 5
months and not later than 1 year from the last day of the month in which
application has been made.
On receipt of the application, the Nodal Agency shall, in
consultation and through coordination with other agencies involved in
intra-State transmission, process the application and carry out the necessary
system studies as expeditiously as possible so as to ensure that the decision
to grant or refuse MTOA is made within the timeframe specified in these
regulations:
Provided that in case the Nodal Agency faces any
difficulty in the process of consultation or coordination, it may approach the
Commission for appropriate directions.
On being satisfied that the requirements of eligibility
for MTOA is met by the Applicant, the Nodal Agency shall grant MTOA for the
period stated in the application:
Provided that for reasons to be recorded in writing, the
Nodal Agency may grant MTOA for a period less than that sought for by the
applicant;
Provided further that the applicant shall sign an
agreement for MTOA with the State Transmission Utility, in accordance with the
provision as may be made in the detailed procedure. While seeking MTOA to an
intra-State transmission licensee, other than the State Transmission Utility,
the applicant shall sign a tripartite MTOA agreement with the State
Transmission Utility and the intra-State transmission licensee. The MTOA
agreement shall contain the date of commencement and end of MTOA, the point of
injection of power into the grid and point of drawal from the grid, the details
of dedicated transmission lines required, if any, the bank guarantee required
to be given by the applicant and other details in accordance with the detailed
procedure.
Immediately after grant of MTOA, the Nodal Agency shall
inform the State Load Despatch Centre so that it can consider the same while
processing requests for STOA received under these regulations.
On expiry of the period of the MTOA, the medium term
Consumer shall not be entitled to any overriding preference for renewal of the
term.
Procedure for short-term Open Access involving
inter-State transmission system:
Notwithstanding anything contained in these regulations,
procedure for inter-State STOA shall be as per Central Electricity Regulatory
Commission (Open Access in inter-State Transmission) Regulations, 2008, or its
statutory re-enactments, as amended from time to time:
Provided that in respect of a Consumer connected to a
distribution system seeking inter State short-term Open Access, the SLDC,
before giving its consent to the RLDC as required under the Central
Commission's regulations, shall require the Consumer to submit the consent of
the distribution licensee concerned.
Procedure for Short Term Open Access involving
intra-State transmission system:
Subject to the provisions of these regulations,
intra-State STOA shall be in accordance with the provisions laid herein below:
Regulation-16. Open Access in advance.--
Application may be submitted to the Nodal Agency seeking
STOA up to the fourth month, considering the month in which an application is
made being the first month.
Separate application shall be made for each month and for
each transaction in a month.
The application to the Nodal agency shall be on the
prescribed format containing such details as capacity needed, generation
planned or power purchase contracted, point of injection, point of drawal,
duration of availing Open Access, peak load, average load and such other
additional information as may be required by the Nodal agency. The application
shall be accompanied by a non-refundable application fee in cash or by demand
draft in favour of the officer so notified by Nodal agency.
An application for grant of Open Access commencing in any
month may be submitted in a cover marked--Application for Short-Term Open
Access - in advance up to 15th day of the preceding month. For example,
application for grant of Open Access commencing in the month of July shall be
received up to 15th day of June.
Nodal agency shall acknowledge receipt of the application
by indicating time and date on--Acknowledgement to the applicant.
A Consumer of distribution licensee intending to avail
Open Access shall also furnish a copy of his application to the distribution
licensee of his area of supply.
Based on the type of transactions Nodal agency shall take
a decision on the applications for STOA in the manner provided herein below.
All applications received under sub-sub-clause (d) above
shall be taken up for consideration together and processed as per allotment
priority criteria specified under these regulations.
Nodal agency shall check transaction for congestion of
any element (line and transformer) of transmission and distribution system
involved in transaction.
Nodal agency shall convey grant of Open Access or otherwise
in prescribed format along with schedule of payments to the Consumer latest by
21st day of such preceding month.
Nodal agency shall assign specific reasons if Open Access
is denied.
Regulation-17. Day-Ahead Open Access.--
An application for grant of day-ahead Open Access may be
received by Nodal Agency within three days prior to the date of scheduling but
not later than 1300 Hours of the day immediately preceding the day of
scheduling for day-ahead transaction.
For example: Application for day-ahead transaction on
25th day of July shall be received on 22nd day or 23rd day or upto 1300 hours
on 24th day of that month.
Nodal Agency shall check for congestion and convey grant
of approval or otherwise in prescribed format at the earliest. All other
provisions of application for STOA shall apply.
Procedure for scheduling transaction in a contingency
In the event of a contingency, the Open Access consumer
may locate a source of power to meet short-term contingency requirement even
after the cut-off time of 13:00 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.
Bidding Procedure
Bidding procedure shall be as defined below:
If the capacity sought by the Consumers for Open Access
in Advance for the following month is more than the available capacity or SLDC
perceives congestion of any element of transmission and distribution system
involved in the transaction, the allocation shall be made through electronic
bidding procedure.
The decision of SLDC in respect of an expected congestion
shall be final and binding.
SLDC shall convey information of congestion and decision
for invitation of bidding indicating floor price in prescribed format to the
applicants.
SLDC shall also display the bidding information on its
website.
The floor price of transmission and wheeling charges
determined on the basis of relevant order of the Commission shall be indicated
in prescribed format.
The bids shall be accepted in prescribed format up to the
bid closing time as indicated in bidding invitation format.
Modification/amendment to a bid, once submitted shall not be entertained.
If any Consumer does not participate in bidding process,
his application shall be deemed to have been withdrawn and shall not be
processed.
SLDC shall not entertain any request for extension of
time/date for submission of bids.
The bidders shall quote price (rounded-off to whole
number) in denomination in which floor price has been determined.
The quoted price shall be arranged in descending order
and allocation of available capacities shall be accorded in such descending
order until the available capacity is exhausted.
In case of equal price quoted by two or more Consumers,
the allocation from the residual available capacity at any stage shall be made
in proportion to capacity being sought by such Consumers.
All Consumers, in favour of whom full capacities have
been allotted, shall pay the highest price obtained from bids.
The Consumers, who are allotted less capacity, shall pay
the price as quoted by them.
SLDC shall reject bids which are incomplete, vague in any
manner or not found in conformity with the bidding procedure.
The successful bidder, in favour of whom the capacities
have been allocated, shall pay transmission charges, wheeling charges, as the
case may be, determined by bidding process.
The reserved capacity by a short-term Open Access
Consumer is not transferable to others.
The capacity available as a result of surrender or
reduction or cancellation of the reserved capacity by the State Load Dispatch
Centre, may be reserved for any other STOA Consumer in accordance with these
regulations.
On expiry of the period of the STOA, the short term
Consumer shall not be entitled to any overriding preference for renewal of the
term.
Regulation-18. Consent by STU, SLDC or Distribution Licensee.--
Inter-State Open Access:
STU in the case of application for grant of LTOA and
Medium Term Open Access and SLDC in the case of grant of STOA shall convey its
consent or otherwise as per the provisions respectively of Central Electricity
Regulatory Commission (Grant of Connectivity, LTOA and Medium Term Open Access
in inter-State Transmission and related matters) Regulations, 2009 and Central
Electricity Regulatory Commission (Open Access in inter-State Transmission)
Regulations, 2008, or their statutory re-enactments, as amended from time to
time. In case of applicant connected to the distribution licensee, the said
distribution licensee shall convey its consent or otherwise within 3 working
days of receipt of the request of the applicant.
Intra-State Open Access:
In respect of a Consumer connected to a distribution
system seeking Open Access, such Consumer shall be required to submit the
consent of the distribution licensee concerned. The distribution licensee shall
convey its consent to the applicant by e-mail or fax or by any other usually
recognised mode of communication, within three (3) working days of receipt of
the application.
While processing the application from a generating
station seeking consent for Open Access, the distribution licensee shall verify
the following, namely:-Existence of infrastructure necessary for
time-block-wise energy metering and accounting in accordance with the
provisions of the State Grid Code in force,
Availability of capacity in the distribution network,
and.
Availability of RTU and communication facility to
transmit real- time data to SLDC.
Where existence of necessary infrastructure and
availability of capacity in the distribution network has been established, the
distribution licensee shall convey its consent to the applicant by e-mail or
fax or by any other usually recognised mode of communication, within three (3)
working days of receipt of the application.
In case the Nodal Agency finds that the application for
consent is incomplete or defective in any respect, it shall communicate the
deficiency or defect to the applicant by e-mail or fax or by any other usually
recognised mode of communication, within two (2) working days of receipt of the
application:
In case the application has been found to be in order but
the distribution licensee refuses to give consent on the grounds of
non-existence of necessary infrastructure or unavailability of surplus capacity
in the distribution network, such refusal shall be communicated to the
applicant by e-mail or fax or by any other usually recognized mode of
communication, within the period of three (3) working days from the date of
receipt of the application, along with reasons for such refusal:
Where the distribution licensee has not communicated any
deficiency or defect in the application within two (2) working days from the
date of receipt of application, or refusal or consent within the specified
period of three (3) working days from the date of receipt of the application
consent shall be deemed to have been granted.
Regulation-19. Consideration of applications from defaulters.--
Notwithstanding anything contained in these regulations,
the Nodal Agency shall be at liberty to summarily reject an application for
Open Access on the ground of non-compliance of the provisions of these
regulations, more specifically the provisions relating to timely payment of the
charges leviable hereunder.
Allotment Priority
The priority for allotment of Open Access in intra-State
transmission system shall be decided on the following criteria:
A distribution Licensee shall have the highest priority
in allotment of Open Access capacity irrespective of whether the Open Access
request is for LTOA, MTOA or STOA.
The LTOA applicants shall have the priority next to the
distribution licensee.
The MTOA applicants shall have the priority next to the LTOA
applicants.
The STOA applicants shall have the priority next to MTOA
applicants. Allotment priority for short-term Open Access applicants shall be
decided subject to capacity availability.
When the requirement projected by an applicant is more
than the available capacity and the said applicant is not able to limit his
requirement to the available capacity, the request of applicant having next
lower priority shall be taken up for consideration.
CHAPTER V
OPEN ACCESS CHARGES
Regulation-20. Transmission/distribution charges.--
The charges for use of the system
of the licensee for intra-State transmission or distribution shall be regulated
as under, namely: -
The charges for use of the
intra-state transmission system/distribution system shall be determined by the
Commission in accordance with the terms and conditions of tariff notified by
the Commission from time to time and after deducting the adjustable revenue
from the short-term Consumers, these charges shall be shared by the long-term
open access Consumers and medium-term open access Consumers as per allotted
capacity proportionately;
The charges payable by a
short-term Consumer shall be calculated in accordance with the following
methodology:
ST_RATE = 0.5 x [ AFC/Av_CAP
]/365
Where:
"ST_RATE" is the rate
for short-term access Consumer in Rs. per MW per day.
"AFC" means the Annual
Fixed Transmission/Distribution Charges of the S.T.U transmission or
distribution licensee for the previous financial year determined by the
Commission.
"Av_CAP" means the average
electrical power in MW served by the system during the previous financial year.
The charges payable by a
short-term Consumer shall be for one day for availing access for each day or
part thereof. Non-availability of AFC for the system shall not be reason for
delay in providing transmission access and where AFC for any transmission
licensee are not available, the per MW per day charge applicable for the system
owned by the State Transmission Utility of the region in which the system of
transmission licensee is situate, shall be used.
Every licensee shall declare and
exhibit short-term Open Access rate worked out as per these regulations in Rs.
per MW per day. Rates shall remain fixed for a period of one year.
50% of the charges collected from
the short-term Consumer shall be retained by the licensee and the balance 50%
shall be adjusted towards reduction in the charges payable by the long-term and
medium term consumers.
Regulation-21. Scheduling and system operation charges.--
Scheduling and system operation
charges shall be payable by the Open Access Consumers at the following rates:
In respect of Inter-State Open
Access
Charges for LTOA and MTOA
i.
Regional Load Despatch Centre fees and charges including charges
for the Unified Load Despatch and Communication Scheme as specified by the
Central Commission.
ii.
State Load Despatch Centre fees and charges as specified by the
Commission.
Charges for STOA
i.
Regional Load Despatch Centre and SLDC fees and charges as
specified by the Central Commission/Commission.
In respect of Intra-State Open
Access
Charges for LTOA and MTOA
i.
LTOA and MTOA Consumers shall be liable to pay SLDC fees and
charges determined by the Commission.
ii.
This charge includes fee for scheduling and system operation,
energy accounting, fee for affecting revisions in schedule on bona fide grounds
and collection and disbursement of charges
Charges
for STOA
i.
A composite operating charge @ Rs. 2,000/- per day or part of the
day shall be payable by a STOA Consumer for each transaction to the SLDC or as
determined by the Commission from time to time.
ii.
This charge includes fee for scheduling and system operation,
energy accounting, fee for affecting revisions in schedule on bona fide grounds
and collection and disbursement of charges
Regulation-22. Cross-subsidy Surcharge.--
If Open Access is availed by a
Consumer of a distribution licensee of the State, then such Consumer, in
addition to payment of transmission and/or wheeling charges, shall pay cross
subsidy surcharge. Cross subsidy surcharge on per unit basis shall be payable,
on monthly basis, by the Open Access Consumer for the actual energy drawn
through Open Access during the month. The amount of surcharge shall be paid to
the distribution licensee of the area of supply in which such Consumer is
located:
Provided that such surcharge
shall not be levied on a person who has established a captive generation plant
and carries the electricity to the destination of his own use.
Cross
subsidy surcharge shall also be payable by such Open Access Consumer who
receives supply of electricity from a person other than the distribution
licensee in whose area of supply he is located.
The
Consumers located in the area of supply of a distribution licensee but availing
Open Access exclusively on inter-State transmission system shall also pay the
cross subsidy surcharge.
The Cross
subsidy surcharge shall be determined by the Commission in accordance with the
principles and formula stipulated in the National Tariff Policy and shall be
leviable at the rate as determined by the Commission from time to time.
Regulation-23. Additional Surcharge.--
An Open Access Consumer,
receiving supply of electricity from a person other than the distribution
licensee of his area of supply, shall pay to the distribution licensee an
additional surcharge in addition to Transmission/distribution charges and
cross-subsidy surcharge, to meet out the fixed cost of such distribution
licensee arising out of his obligation to supply as provided under sub-section
(4) of Section 42 of the Act:
Provided that such additional
surcharge shall not be levied in case Open Access is provided to a person who
has established a captive generation plant for carrying the electricity to the
destination of his own use.
This
additional surcharge shall become applicable only if the obligation of the
licensee in terms of power purchase commitments has been and continues to be
stranded or there is an unavoidable obligation and incidence to bear fixed
costs consequent to such a contract. However, the fixed costs related to
network assets would be recovered through wheeling charges.
The
distribution licensee shall submit to the Commission, on six-monthly-basis, the
details regarding the quantum of such stranded costs and the period over which
these remained stranded and would be stranded. The Commission shall scrutinize
the statement of calculation of such stranded fixed costs submitted by the
distribution licensee and determine the amount of additional surcharge:
Provided that any additional
surcharge so determined shall be applicable to all the Consumers availing Open
Access from the date of determination of same by the Commission
The Consumers located in the area
of supply of a distribution licensee but availing Open Access exclusively on
inter-State transmission system shall also pay the additional surcharge.
Additional surcharge determined
on per unit basis shall be payable, on monthly basis, by the Open Access
Consumers based on the actual energy drawn during the month through Open
Access.
Regulation-24. Standby power and standby charges for drawl of power by Open Access Consumer from distribution licensee.--
If an Open Access Consumer
requires power from the distribution licensee in case of outage of the
generator or the source supplying power to such Open Access Consumer, or a
generator connected to distribution system injecting power through Open Access,
requires start up power from the distribution licensee, then such Open Access
Consumer or generator may make an application to the distribution licensee
seeking standby power. The application shall be made on format and in the
manner as may be prescribed in the detailed procedure.
The distribution licensee shall
provide standby power to such Open Access Consumer subject to availability of
requisite quantum of power and subject to the technical constraints in the
concerned area of supply.
For providing standby power, the
distribution licensee shall be entitled to charge applicable temporary supply
tariff and other applicable charges besides PLEC, if applicable, as determined
by the Commission.
Provided further that the Open
Access Consumers would have the option to arrange standby power from any other
source subject to the conditions that such power shall be drawn through the
same system for which Open Access has been granted.
Provided that provisions related
to 'standby power' as specified in these Regulations shall supersede the
provisions related to standby power specified in the JSERC (Balancing &
Settlement Mechanism for Open Access) Regulations, 2010.
Regulation-25. Imbalance Charge.--
Scheduling of all transactions
pursuant to grant of LTOA or MTOA or STOA shall be carried out on day-ahead
basis in accordance with the relevant provisions of IEGC/CERC Open Access
Regulations for inter-State transactions and in accordance with State Grid
Code/Commission's orders for intra-State transactions from time to time.
Deviations between the schedule
and the actual injection/drawal in respect of an Open Access Consumer, who is
not an embedded open access consumer, shall come under the purview of the
intra-State ABT, as notified by the Commission and shall be settled based on
the composite accounts for imbalance transactions issued by SLDC on a weekly
cycle based on net metering in accordance with the UI charges specified by the
Commission.
Provided till the time intra state
ABT mechanism is not notified by the Commission, any deviation in schedule and
the actual injection/drawal shall be settled in accordance with the provisions
of Deviation Settlement Mechanism notified by CERC on time to time basis.
Billing, collection and
disbursement of any amounts under the above transactions shall be in accordance
with the Commission's orders on intra-State ABT, as may be applicable from time
to time.
In case of deviation by an
embedded Open Access Consumer, the difference between the applicable scheduled
Open Access load and actual drawl shall be accounted for each 15-minute block.
In case of deviation from the scheduled energy drawl, Consumer shall be liable
to pay for such deviation charges as per the procedure specified under JSERC
(Balancing & Settlement Mechanism for Open Access) Regulations, 2010 and as
amended from time to time.
Provided
that in case of under drawl as a result of non-availability of the distribution
system or unscheduled load shedding, the Open Access Consumers shall be
compensated by the distribution licensee at the rate of compensation notified
by the Commission under standard of performance regulations for relevant
category of Consumers.
Regulation-26. Reactive Energy Charges.--
The Open Access Consumers are
expected to provide VAR compensation in such a way that there is no
drawal/injection of reactive power from the transmission/distribution network.
The open access consumers will have to pay/receive reactive energy charge as
per the following rules:
The Open Access Consumer will pay
to Distribution Licensee for VAR drawal (measured by interface meter) when
voltage at the interface metering point is below 97%;
The Open Access Consumer will be
paid by Distribution Licensee for VAR injection (measured by interface meter)
when voltage at the interface metering point is below 97%;
The Open Access Consumer will be
paid by Distribution Licensee for VAR drawal (measured by interface meter) when
voltage at the interface metering point is above 103%;
The Open Access Consumer will pay
to Distribution Licensee for VAR injection (measured by interface meter) when
voltage at the interface metering point is above 103%.
Regulation-27. Parallel Operation Charges.--
Parallel operation charges shall
be applicable on open access consumers having a captive power plant running in
parallel to the grid of distribution and transmission licensees.
Parallel operation charges shall
be charged at the rate of Rs. per KVA per month and shall be determined by the
Commission on time to time.
Parallel operation charges shall
be levied on the installed capacity or the aggregate name plate capacity of the
captive generating plants connected with the grid. If install capacity of
captive power plant is recorded in MW then the designed power factor recorded
in name plate generator shall be used for the purpose of arriving MVA capacity.
CHAPTER VI
SCHEDULING, METERING AND LOSSES
Regulation-28. Scheduling.--
Notwithstanding anything
contained in the succeeding clauses of this regulation, scheduling of
inter-State Open Access transactions shall be as specified by the Central
Commission.
Subject to the foregoing clause,
intra-State Open Access transactions in respect of all Consumers and generating
stations irrespective of the capacity shall be scheduled by SLDC in accordance
with the provisions of the State Grid Code and these Regulations.
Regulation-29. Compliance and Grid Discipline.--
The open access consumer shall
abide by the Indian Electricity Grid Code, the State Grid Code and instructions
given by State Transmission Utility and State Load Dispatch Centre as
applicable from time to time.
The open access consumer shall
also comply with the requirements of the CEA (Technical Standards for
Connectivity to the Grid) Regulations, 2007 as amended from time to time.
The open access consumer shall
restrict the sum of his total drawl from all sources including open access and
Distribution Licensee up to the total sanctioned contract demand with the
Distribution Licensee.
Provided that open access may be
allowed over and above the contract demand to a consumer who sources power both
by captive generation and Discom to the extent of captive power supply subject
to availability of transmission and/or distribution system as the case may be.
Provided further that long term
open access may be allowed over and above the contract demand to the extent of
sanctioned open access capacity
The long term/medium term open
access consumer shall provide the injection schedule at the generator end and
drawl schedule at the supply end to SLDC, supplier end Distribution Licensee
and to the consumer end Distribution Licensee before 10.00 AM of the day
preceding the day of scheduling. The Injection schedule shall have the open
access consumer and supplier identification.
The short term open access
consumer shall provide the injection/drawal schedule for intra-State
transactions every day to the SLDC and the Distribution Licensee before 10:00
AM of the day preceding the day of drawl/injection as per the open access
capacity sanctioned.
The declared schedule shall be
used to assess the deemed energy drawl of open access consumer from the
distribution licensee for the day of energy drawl.
The declared open access schedule
for Embedded Open Access Consumers undertaking Short Term Open Access shall be
on round the clock basis (i.e. for 24 Hrs) and shall remain uniform for at
least a period of 8 hours.
Regulation-30. Metering.--
The Open Access Consumer shall
provide ABT compatible Special Energy Meters at the point(s) of injection and
point(s) of drawal, if not already provided. 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 the State Grid Code.
Special Energy Meters shall
always be maintained in good condition.
Special Energy Meters shall be
open for inspection by any person authorized by the State Transmission Utility,
State Load Despatch Centre or the distribution licensee.
The Open Access Consumer shall
provide Main Meters on his premises as specified in the State Grid Code.
The Open Access Consumer shall
provide along with Main Meters, Check Meters of the same specifications as Main
Meters at the point(s) of injection and point(s) of drawal.
The Main and Check Meters shall
be periodically tested and calibrated by State Transmission
Utility/distribution licensee as per State Grid Code and norms of Central
Electricity Authority.
Readings of Main and Check Meters
shall be taken periodically at appointed day and hour by the officer of
distribution licensee authorized in this regard as per procedure specified in
State Grid Code.
Meter readings shall be
immediately communicated by the distribution licensee within 12 hours to State
Load Despatch Centre State Transmission Utility, Consumer and generating
company/or the trading licensee, as the case may be.
An Open Access Consumer may
request the distribution licensee to provide Main and Check Meters which shall
be maintained by the distribution licensee and provided it is available with
the distribution licensee. In such a case the open access consumer shall
provide security deposit to the distribution licensee and shall pay the
requisite charges as per Schedule of General Charges, rentals for the Main
& Check Meter(s).
Provided that in case Open Access
Consumer opts to get the Special Energy Meters tested and/or installed by the
distribution licensee, the same shall be done by depositing the requisite fees
to the distribution licensee.
Main and
Check Meters shall have facility to communicate their readings/data to the
State Load Despatch Centre on real time basis.
The
procedure for joint sealing, replacement of defective meter, billing in the
event of meter(s) becoming defective shall be followed as laid down in the
State Grid Code.
All the
Open Access Consumers shall abide by the metering standards notified by the
Central Electricity Authority (CEA) vide its notification dated 17 March, 2006,
as amended from time to time.
Regulation-31. Energy Losses.--
Inter-State Open Access
LTOA and MTOA: The buyers/seller
of electricity shall bear apportioned energy losses in the transmission system
in accordance with the provisions specified by the Central Commission.
STOA: The buyers and sellers of
electricity shall absorb apportioned energy losses in the transmission system
in accordance with the provisions specified by the Central Commission.
Intra-State Open Access
The transmission and distribution
losses for the Intra-State System shall be determined by the Commission in its
Tariff Order for the applicable year and shall be apportioned in proportion to
the actual energy drawl by the Open Access Consumer. The energy losses shall be
compensated by additional injection at the injection point(s). However, for
energy drawl, energy losses shall be adjusted in the same nature with the
quantum declared at drawl point(s).
The Open Access Consumers
availing supply at 220/132 kV, shall be required to bear only the transmission
losses whereas the Consumers availing supply at 66/33 kV shall bear 15% of the
distribution losses in addition to transmission losses. The Open Access
Consumers connected at 11 KV shall bear 40% of the distribution losses in
addition to transmission losses.
CHAPTER VII
COMMERCIAL MATTERS
Regulation-32. Billing, collection and disbursement.--
Billing in respect of the charges
payable under these regulations shall be made as per the following procedure:
Inter-State transactions
Short Term Open Access:
Collection and disbursement of
transmission charges for use of CTU and STU systems and operating charges
payable to RLDCs and SLDCs towards short term Open Access shall be made by the
nodal RLDC in accordance with the procedure specified by the Central
Commission.
The STOA Consumer connected to
distribution system of a distribution licensee shall pay to such distribution
licensee the wheeling charges payable to the distribution licensee within 3
working days from the grant of the STOA by the Nodal Agency.
In case of collective
transactions, the transmission and wheeling charges for the State network and
operating charges for the State Load Despatch Centre shall be settled directly
by the Power Exchange with the respective State Load Despatch Centre.
Long Term Open Access and Medium
Term Open Access:
Billing, collection and
disbursement of charges payable to RLDC including Unified Load Despatch and
Communication Scheme shall be in accordance with the procedure specified by the
Central Commission
Bills towards the charges payable
to SLDC and STU shall be raised by the STU directly to the Open Access Consumer
connected to STU and to the distribution licensee in respect of the Consumers
connected to the distribution system, before 3 working days of the succeeding
calendar month.
Distribution licensee shall raise
the bill with the Open Access Consumer connected to it within 3 working days of
receipt of bill from STU.
Open Access Consumer connected to
the distribution licensee shall pay the charges within five days of receipt of
bill from distribution licensee. The distribution licensee shall disburse the
amount payable to STU within 3 working days.
Open Access Consumer connected to
the STU shall pay the bills within 5 working days of receipt of the bill.
Intra-State transactions
The transmission charges and
wheeling charges in respect of STOA Consumers shall be payable to SLDC who
shall pass on these charges to STU and distribution licensee respectively
within a period of 3 working days. These charges in respect of MTOA and LTOA
Consumers shall be payable directly to respective licensees.
The surcharge and additional
surcharge shall be payable directly to the distribution licensee in whose area
of supply the Consumer availing Open Access is located.
The Operation Charges in respect
of Open Access Consumers shall be paid to the State Load Despatch Centre.
The Reactive Energy Charges and
Unscheduled Interchange charges as determined by SLDC shall be paid to the
distribution licensee in whose area of supply the Consumer availing Open Access
is located.
Regulation-33. Late payment surcharge.--
In case the payment of any bill
for charges payable under these regulations is delayed by an Open Access
Consumer beyond the due date, without prejudice to any action under the Act or
any other regulation there under, a late payment surcharge at the rate of 1.25%
per month or part thereof shall be levied.
Regulation-34. Default in payment.--
Non-payment of any charge or sum
of money payable by the Open Access Consumer under these Regulations (including
imbalance charges) shall be considered non-compliance of these Regulations and
shall be liable for action under section 142 of the Act in addition to action
under section 56 of the Act. The STU or any other transmission licensee or a
distribution licensee may discontinue Open Access after giving Consumer an
advance notice of seven days or less, as appropriate, without prejudice to its
right to recover such charges by suit.
In case of default in payment of
charges due to the Load Despatch Centre, the Load Despatch Centre concerned may
refuse to schedule power to the defaulting Open Access Consumer and direct the
licensee concerned to disconnect such Consumer from the grid.
Regulation-35. Payment Security Mechanism.--
For Long Term & Medium Term
Open Access Consumer
As a payment security towards
transmission charges, open access consumer shall deposit an amount equal to 3
months of the transmission charges for allotted open access capacity with the
State Transmission Utility.
As a payment security towards
SLDC charges, open access consumer shall deposit an amount equal to 3 months of
the SLDC fee and charges including scheduling and operating charges for
allotted open access capacity with the State Load Dispatch Centre;
As a payment security towards
wheeling charges, cross subsidy surcharge and additional surcharge, a deposit
equal to 3 months of billing for these charges for allotted open access
capacity shall be maintained with the Distribution Licensee of the area of
supply;
Provided that unity power factor
shall be considered for the purpose of unit conversion from MVA/kVA to MW/kW or
vice versa.
Provided further that, in case of
an existing open access consumer availing open access for more than a financial
year, security shall be revised on the basis of average monthly open access
charges of the previous financial year.
Provided further that, the
IPPs/CPPs selling power outside the State, shall also deposit a security
towards under injection, if any, with the Distribution Licensee, equivalent to
10% of the proposed monthly contracted generation for sale, at the energy
charge rate of HT Industrial tariff, the amount of which shall be recalculated
after the actual sale of the previous quarter of the financial year.
Long Term/Medium Term Open Access
Consumer shall open an irrevocable letter of credit or maintain a bank
guarantee equivalent to the estimated security amount in favour of the agency
responsible for collecting and disbursement of charges.
For Short Term Open Access Consumer
An open access consumer shall pay
the transmission charges, SLDC charges, wheeling charges, surcharge, additional
surcharge, and such other charges as applicable, in advance for the period for
which the open access has been granted.
The Short Term Open Access
Consumer shall open an irrevocable letter of credit or maintain a bank
guarantee equivalent to the estimated security amount in favour of the agency
responsible for collecting and disbursement of charges.
CHAPTER VIII
INFORMATION SYSTEM
Regulation-36. Information system.--
The State Load Dispatch Centre
shall post following information on its website in a separate web page titled
"Open Access Information" and also issue a monthly and annual report
containing such information:
A status report on the current
LTOA, MTOA and STOA Consumers indicating:
Name of Open Access Consumer;
Period of Open Access granted
(date of commencement and date of termination);
Point(s) of injection;
Point(s) of drawal;
Supply voltage at injection and
drawal points; and
Open Access capacity used;
The information regarding average
loss in transmission and distribution system as determined by the Commission in
Tariff Order for the applicable year;
The information regarding rate of
surcharge payable by the Open Access Consumers.
The information shall be updated
upon every change in status. All previous reports shall be available in the web
- archive.
CHAPTER IX
MISCELLANEOUS
Regulation-37. Under-Utilisation or Non-Utilisation of Open Access capacity in intra-State transmission system.--
A long-term Consumer may
relinquish the LTA rights fully or partly before the expiry of the full term of
LTOA, by making payment of compensation for stranded capacity as follows:
Long-term Consumer who has
availed access rights for at least 12 years
Notice of one (1) year - If such
a Consumer submits an application to the State Transmission Utility at least 1
(one) year prior to the date from which such Consumer desires to relinquish the
access rights, there shall be no charges.
Notice of less than one (1) year
- If such a Consumer submits an application to the State Transmission Utility
at any time lesser than a period of 1 (one) year prior to the date from which
such Consumer desires to relinquish the access rights, such Consumer shall pay
an amount equal to 60% of the estimated transmission charges (in terms of net
present value) for the stranded transmission capacity for the period falling
short of a notice period of one (1) year.
Long-term Consumer who has not
availed access rights for at least 12 (twelve) years
Such Consumer shall pay an amount
equal to 60% of the estimated transmission charges (in terms of net present
value) for the stranded transmission capacity for the period falling short of
12 (twelve) years of access rights:
Provided that such a Consumer
shall submit an application to the State Transmission Utility at least 1 (one)
year prior to the date from which such Consumer desires to relinquish the
access rights:
Provided further that in case a
Consumer submits an application for relinquishment of LTOA rights at any time
at a notice period of less than one year, then such Consumer shall pay an
amount equal to 60% of the estimated transmission charges (net present value)
for the period falling short of a notice period of one(1) year, in addition to
60% of the estimated transmission charges (in terms of net present value) for
the stranded transmission capacity for the period falling short of 12 (twelve)
years of access rights.
The discount rate that shall be
applicable for computing the net present as referred in Regulations 0 and 0
above, shall be the discount rate to be used for bid evaluation in the Central
Commission's notification issued from time to time in accordance with the
guidelines for determination of tariff by bidding process for procurement of
power by distribution licensees issued by the Ministry of Power.
The compensation paid by the
long-term Consumer for the stranded transmission capacity shall be used for
reducing transmission charges payable by other LTOA Consumers and MTOA
Consumers in the year in which such compensation payment is due in the ratio of
transmission charges payable for that year by such LTOA Consumers and MTOA
Consumers.
In addition to the above, for
Consumers who were also provided any dedicated transmission and/or distribution
systems, the penalty payable for such dedicated capacity shall be 100% of the
charges payable by such Consumer for balance period of allocation, unless
alternative users are there for use of such dedicated capacity.
Medium-term Open Access Consumers
A MTOA Consumer may relinquish
rights, fully or partly, by giving at least 30 days prior notice to the Nodal
Agency:
Provided that the MTOA Consumer
relinquishing its rights shall pay applicable transmission charges for the
period of relinquishment or 30 days whichever is lesser.
Short-term Open Access Consumer
The STOA schedules accepted by
the Nodal Agency in Advance basis may be cancelled or revised downwards on an
application to that effect made to the Nodal Agency by the STOA Consumer:
Provided that such cancellation
or downward revision of the short-term Open Access schedules shall not be
effective before expiry of a minimum period of two (2) days from the date of
application:
Provided further that the day on
which notice for cancellation or downward revision of schedule is served on the
Nodal Agency and the day from which such cancellation or downward revision is
to be implemented, shall be excluded for computing the period of two (2) days.
The person seeking cancellation
or downward revision of STOA schedule shall pay the transmission charges for
the first two (2) days of the period for which the cancellation or downward
revision of schedule, as the case may be, has been sought, in accordance with
the schedule originally approved by the Nodal Agency, and thereafter in
accordance with the revised schedule prepared by the Nodal Agency during the
period of such cancellation or downward revision.
In case of cancellation,
operating charges specified in these regulations shall be payable for two (2)
days or the period of cancellation in days, whichever is less.
Regulation-38. Computation of capacity availability for Open Access.--
The capacity available for the
Open Access shall be computed for each transmission segment and for every
sub-station by the STU following the methodology given below:
a.
Available Open Access capacity of a transmission system segment: =
(DC-SD-AC) + NC - ND where, DC=Designed capacity of the transmission segment in
MW, SD = Sustained demand (peak load experienced) in MW recorded in the
segment, AC =Already allotted capacity, but not availed in MW, NC = New
capacity in MW expected to be added and ND = New Demand expected to be added.
b.
Available Open Access capacity of a sub-station: = (TC-SP-AC)+NC -
ND where, TC = Transformer capacity of the sub-station in MVA, SP = Sub-station
peak in MVA, AC = Already allotted capacity but not availed in MVA , NC = New
transformer capacity in MVA expected to be added and ND = New Demand expected
to be added.
c.
The STU shall update these values on monthly basis on the first
calendar day of the month and publish it in its website.
The appropriate distribution
licensee shall determine the available capacity for allotment for the portion
of the distribution system over which Open Access has been requested for.
Regulation-39. Curtailment Priority.--
The State Load Despatch Centre
may curtail power flow on any transmission corridor by cancelling or
rescheduling any transaction, if in its opinion cancellation or curtailment of
such transaction is likely to relieve any transmission constraint on the
corridor or to improve grid security. However, in all such cases of
cancellation or curtailment, the SLDC will, as soon as practicable, intimate in
writing to the Consumer the reasons therefor.
Subject to provisions of the
State Grid Code/IEGC, cancellation/curtailment will be effected as under:
a)
Short term transaction(s) will be cancelled or curtailed first,
followed by medium term transactions, which shall be followed by long term
transaction(s).
b)
Among short term transactions, bilateral transaction will be
cancelled or curtailed first, followed by collective transactions.
c)
Open Access to a distribution licensee will be the last to be
curtailed within a category.
d)
Curtailment will be effected on a pro-rata basis amongst the
Consumers of a particular category.
In case of curtailment of the
approved schedule by the State Load Despatch Centre, transmission and wheeling
charges shall be payable pro-rata in accordance with the curtailed schedule.
Full operating charges specified
in these regulations will be payable irrespective of curtailment, if any.
The State Transmission Utility
shall develop the guidelines in this regard in consultation with SLDC, within
60 days of notification of these Regulations and submit the same to the
Commission for approval.
Regulation-40. Quantum of Renewable Energy Purchase Obligation (RPO).--
Each Open Access Consumer shall
fulfill its RPO as per Jharkhand State Electricity Regulatory Commission
(Renewable Energy Purchase Obligation and its Compliance) Regulations, 2016 and
as amended from time to time. The RPO shall be met by Open Access Consumers
either by purchase of electricity (in kWh) from renewable sources or by
purchase of Renewable Energy Certificate(s) (RECs) from the Power Exchange(s).
Regulation-41. Redressal Mechanism.--
All disputes and complaints relating
to Open Access shall be referred to the Commission. However, the disputes and
complaints regarding metering and billing etc. shall be first referred to the
Commercial and Metering Committee constituted under the State Grid Code. The
Committee shall investigate and endeavor to resolve the grievance within 30
days; and if the Committee is unable to redress the grievance, it shall be
referred to the Commission by the Committee or the Open Access Consumer.
Regulation-42. Fee for Approaching the Commission.--
The fee payable for approaching
the Commission for redressal of issues relating to Open Access shall be as per
Jharkhkand State Electricity Regulatory Commission (Fee) Regulations, 2005, as
amended from time to time. This will be besides any other fee payable under
these regulations. No fee shall be payable to the Commission in case the matter
is referred to the Commission by the Committee to under redressal mechanism.
Regulation-43. 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 State Transmission Utility, State Load
Despatch Centre, licensees and the Open Access Consumers, to take such action,
as may appear to the Commission to be necessary or expedient for the purpose of
removing difficulties.
Regulation-44. Power to Amend.--
The Commission may, at any time
add, vary, alter, modify or amend any provision of these Regulations.
Regulation-45. Repeal and Savings.--
The Jharkhand State Electricity
Regulatory Commission (Open Access) Regulations, 2005, as amended from time to
time, shall stand repealed from the date of commencement of these Regulations.
Notwithstanding such repeal, anything
done or purported to have been done under the repealed regulations shall be
deemed to have been done or purported to have been done under these
Regulations.