Whereas under the Electricity Act 2003 (Central Act 36 of 2003),
the State Electricity Regulatory Commission shall specify the terms and
conditions for intra state open access within the State of Tamil Nadu; And Whereas these regulations providing for the terms and
conditions of open access shall be subject to previous publication and
accordingly undergone previous publication; Now Therefore, under Section 181 of the said Electricity Act 2003
and all other powers enabling in that behalf, the Tamil Nadu Electricity
Regulatory Commission hereby makes the following regulations, namely:- (i) These regulations may be called the "Tamil Nadu Electricity
Regulatory Commission - Intra State Open Access Regulations 2005" (ii) These regulations shall come into force on the date of publication
in the Tamil Nadu Government Gazette. (a) "Act" means the Electricity Act, 2003 (36 of 2003); (b) "Allotted Transmission Capacity" means the power
transfer in MW between the specified point(s) of injection and point(s) of
drawal allowed to a long-term customer on the intra-state transmission system
and the expression "allotment of transmission
capacity" shall be construed accordingly; (c) "Commission" means the Tamil Nadu Electricity
Regulatory Commission; (d) The word "consumer" in this regulation shall
carry the same meaning as in the Act, but shall be restricted to such consumers
within the State of Tamil Nadu to whom these regulations will apply. (e) "Direct customer" means a person who is directly
connected to the system owned or operated by the State Transmission Utility /
Transmission Licensee and / or Distribution Licensee in the State. (f) "Embedded customer" means a person who is not a
direct customer; (g) "Grid Code" means the Tamil Nadu Electricity Grid
Code specified by the Commission and includes the Indian Electricity Grid Code
applicable on the date of commencement of these regulations; (h) "Nodal agency" means the nodal agency defined in
regulation 10 of these regulations; (i) "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 in accordance with these regulations. (j) "Open access customer" means 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 generating company
(including captive generating plant) ,or a Licensee, who has availed of or
intends to avail of open access; (k) "Reserved Transmission Capacity" means the power
transfer in MW between the specified point(s) of injection and point(s) of
drawal allowed to a short-term customer on the transmission system depending on
availability of transmission capacity and the expression "reservation
of transmission capacity" shall be construed accordingly; (l) "SLDC" means the State Load Dispatch Centre, until,
in its preset form as an integral unit of the Licensee or established under
sub-section (1) of section 31 of the Act; (m) "STU" (State Transmission Utility) means the Board
or the Government company specified as such by the State Government. This is
presently the Tamil Nadu Electricity Board. (n) "Transmission System Segment" means a part or whole
of the transmission system from the point of injection to the point of drawal. (o) "Wheeling" means the operation whereby the
distribution system and associated facilities of a transmission Licensee or
distribution Licensee, as the case may be, are used by another person for the
conveyance of electricity on payment of charges to be determined under section
62 of the Electricity Act 2003 Words and expressions used and not defined in these regulations
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. (1) Subject to the provisions of these regulations, the Licensees,
generating companies including persons who have established captive generating
plants, generation plants and electricity traders shall be eligible for open
access to the intra state transmission system of the State Transmission Utility
or any transmission Licensee on payment of transmission and other charges as
may be determined by the Commission. (2) Subject to the provisions of these regulations, the Licensees,
generating companies including persons who have established a captive
generating plant and consumers shall be eligible for open access do
Distribution System of a Distribution Licensee on payment of the wheeling
charges as may be determined by the Commission. (3) A person having been declared insolvent or bankrupt or having
outstanding dues against him for more than two months billing of transmission
or distribution Licensee at the time of application shall not be eligible for
open access. (4) In the case of a person, to whom open access has already been
allowed, is declared insolvent or bankrupt or is having outstanding dues for
more than two months billing of transmission or distribution Licensee, he shall
not be eligible for open access from the day he is adjudged as insolvent or
bankrupt or failed to clear the amount outstanding for more than two months
billing. (i) Short-term intra state open access customer: An open access
customer, availing intra state open access for a period of one year or less
shall be short-term intra state open access customer. (ii) Long-term intrastate Open Access customers An open access customer
availing intra state open access for a period of five years or more shall be
long-term intra state open access customer. Note
1: Open access applications for a period less than five years and more
than a year shall be considered under short term open access only and shall be
allowed at a time for a period not exceeding one year. Note
2: A generator of electricity through non conventional energy sources
shall be treated as long term intra state open access customer and shall be
eligible for open access irrespective of the generating capacity (a) A distribution Licensee shall have the highest priority in
allotment of open access capacity irrespective of whether the open access
request is for long term or short term (b) Other long-term open access customers shall have the priority next
to the Distribution Licensee (c) The short-term open access customer shall have the priority next
to the long term open access customer (d) Allotment priority for short term open access customer shall be
decided subject to capacity availability (e) An existing open access customer shall have the priority higher
than new open access customer under respective category provided he applies for
its renewal thirty days prior to the expiry of existing term of open access. (f) Subject to clauses (a) to (e) above, the decision shall be based
on the basis of first come first served; (g) During capacity availability constraints, the allotment can be
made available to the next senior applicant, provided that the first senior is
not able to limit his requirement to the available capacity and so on. (1) The capacity available for the intra state 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 where, DC
- Designed capacity of the transmission segment in MW, SD
= Sustained demand in MW recorded in the segment, AC
= Already allocated capacity, but not availed and NC
= Capacity in MW expected to be added (b)
Available open access capacity of a sub station: = TC - SP - AC where, TC
= Transformer capacity of the sub station in MVA, SP=
Sub station peak in MVA, and AC=
Already allotted capacity but not availed in MVA The STU shall update these values on monthly basis on the first
calendar day of the month and publish it in their website (2) The appropriate distribution Licensee shall determine the
available capacity for the portion of the distribution system over which open
access is demanded (1) Transmission charge or wheeling charge: (a) Transmission charges payable to State Transmission
Utility/Transmission Licensee and wheeling charges payable to Distribution
Licensee, by an open access customer shall be determined by the Commission.
Wheeling charges shall be determined on the basis of same principles as laid
down for intra state transmission charges. (b) Where a dedicated transmission system or a distribution system
used for open access has been constructed for exclusive use of an open access
customer, the transmission charges or wheeling charges for such dedicated
system shall be worked out by the Licensee and got approved by the Commission
and shall be borne entirely by such open access customer till such time the
surplus capacity is allotted and used for by other persons or purposes. (c) In case intra state transmission system or distribution system is
used by an open access customer in addition to inter-state transmission system,
transmission charges and wheeling charges as fixed and approved by the
Commission shall be payable for use of intra-state system in addition to
payment of transmission charges for inter-state transmission. (2) Surcharge: If open access facility is availed of by a
subsidizing consumer of a distribution Licensee of the State or by a direct /
embedded customer to supply electricity to subsidizing HT consumer of the
distribution Licensee in the State, then such customer, in addition to
transmission and / or wheeling charges, shall pay a surcharge worked out in the
following manner: (a) The surcharge would be determined by the Commission, taking into
account the tariff applicable to the relevant category of consumers and the
cost of the distribution Licensee to supply electricity to the consumers of the
applicable class. (b) The amount of surcharge shall be so calculated as to meet the
Current level of cross subsidy from that category of consumers and shall be
paid to the distribution Licensee of the area of supply from whom the consumer
is availing supply. (c) The surcharge will be reduced and eliminated in the same manner as
the Commission may lay down for reduction and elimination of cross subsidies in
its roadmap for such reduction and elimination of cross subsidy. Note: Provided that such
surcharge shall not be levied in case transmission access is provided to a
person who has established a captive generation plant for carrying the
electricity to the destination of his own use. (3) Additional Surcharge: (a) An open access customer, 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 on the charges of wheeling,
in addition to wheeling charges and 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; 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. (b) The distribution Licensee whose consumer intends to avail open
access shall submit to the Commission within fifteen days of receipt of
application, a detailed calculation statement of fixed cost which the Licensee
is incurring towards his obligation to supply; (c) The Commission shall scrutinize the statement of calculation of
fixed cost submitted by the distribution Licensee and obtain objections, if
any, from the open access customer and determine the amount of additional
surcharge. (d) The additional surcharge shall be levied for such period as the
Commission may determine. Note: Provided that such
additional surcharges shall not be levied in case transmission access is
provided to a person who has established a captive generation plant for
carrying the electricity to the destination of his own use. (4) Scheduling and system operation charges: (a) Tire scheduling and system operation charges payable to State Load
Dispatch Center by open access customer shall be such as determined by the
Commission under section 32 of the Act; (b) The scheduling and system operation charges collected by the State
Load Dispatch Center in accordance with clause (1) above shall be in addition
to the other fees and charges approved by the Commission under this
regulations. (c) The Scheduling and system operation charges shall be payable even
when the open access customer happens to be a generating company or trading
Licensee, availing open access under these regulations. (5) Unscheduled interchange (UI) pricing: The Commission may,
from time to time, as the occasion may require, by separate order, and in
accordance with tariff policy issued under section 3 of the Act, determine the
unscheduled interchange charges payable by the generators, Licensees and
consumers. Provided that the actual payment of such interchange charges may
be deferred by the Commission till such period which may be determined by the
Commission having regard to the extent of demand for open access and the extent
of involvement of private operators in power generation and distribution. (6) Reactive Energy Charges: (a) The payment for the reactive energy charges for the direct
customers on account of open access shall be in accordance with the charges to
be approved by the Commission from time to time. These charges shall be based
on the requirements to be met by the direct customer with regard to reactive
power generation / drawal, as stipulated in the State Grid Code / Distribution
Code / Supply Code, as the case may be. (b) The reactive energy charges payable to or receivable by the
Licensee (presently the State Electricity Board) or the State Transmission
Utility shall be paid to or received from the pool by the Licensee or the State
Transmission Utility concerned and shall not be apportioned to the embedded
customers. (c) The reactive energy drawals and injections by the embedded
customers shall be governed by these regulations applicable within the State
concerned. [1][(7) Grid
availability Charges: (a) In cases of outages of generator supplying to a consumer on open
access or when the scheduled generation is not maintained or when the drawal by
the said consumer is in excess of the schedule, standby arrangements should be
provided by the distribution licensee. Towards this end, the distribution
licensee is entitled to collect tariff for temporary connection to that
category of consumer as grid availability charges for back up supply from the
grid. As and when the ABT regime is implemented in the State and the UI charges
are fixed by the Commission, the grid support charge eligible to the
distribution licensee shall be (a) the tariff applicable for the temporary
connection to that category of consumer or (b) the applicable UI charges
whichever is higher.] (b) If a generator happens to be an open access customer, partly or
fully in third party sale of power and he desires to avail start up power from
the Grid, the generator shall be permitted to do so at a charge to be
determined by the Commission for the start up power. However if the generator
who has availed open access, happens to be a Captive Power Producer / NCES
Generator / Independent Power Producer (IPP) and desires to avail start up
power from the Grid, the transaction shall be governed by the respective CPP /
NCES policy of the Commission or as per the power purchase agreement in the
case of IPP approved by the Commission. (8) Restoration
Charges: Any default in payment of the various charges as specified under
the sub regulations (1) to (7), within the time stipulated by the Commission
will automatically result in the discontinuance of the open access to the
customer. Restoration of such discontinuance shall be subject to the payment of
restoration charges and other restoration conditions to be determined by the
Commission separately and from time to time. (i) The nodal agency for arranging the long-term intra state
transmission / distribution access shall be the State Transmission Utility. (ii) The nodal agency for the short-term intra state transmission
/distribution access shall be the State Load Dispatch Centre. Note: (i) The nodal agency
for arranging Long term inter state transmission / distribution access shall be
the Central Transmission Utility (CTU) / Transmission Licensee in whose system
the point of drawal is situated (ii)
The nodal agency for short term inter state transmission / distribution access
shall be the Regional Load Dispatch Center (RLDC) where the point of drawal is
situated. (a) In the first phase, open access shall be allowed to all existing
and new HT consumers with a load of 10 MW and above before six months from the
date of commencement of these regulations. (b) In the second phase, open access shall be allowed to all existing
HT consumers and new applicants with a load of 5 MW after six months but before
eighteen months from the date of commencement of these regulations. (c) In the third and final phase, open access shall be allowed to all
existing HT consumers and new applicants with a load of 1 MW and above, after
eighteen months but before 30th December 2008. (d) In respect of distribution Licensee / trading Licensee, the same
phasing as above shall apply (e) A person covered by a policy relating to captive generation or
generation through non conventional energy sources shall be eligible to avail
open access for their own use irrespective of contract demand. (f) A person covered by a policy relating to captive generation or generation
through non conventional energy sources shall be eligible to avail open access
in respect of third party sale subject to the above phasing of open access. (a) Application for long-term open access shall be submitted by a Open
access customer along with the agreement, commitment letter from the supplier,
details of terminal beneficiary etc., to the State Transmission Utility (STU).
The application shall contain details such as capacity needed, point of
injection, point of drawal, duration of availing open access, peak load,
sustained load and such other additional information that may be specified by
STU. If the terminal beneficiary happens to be a consumer of a distribution
Licensee in the State, an undertaking from such consumer that he will abide by
the terms and conditions under these regulations on the payments to be made by
him for the various charges covered in these regulations shall be obtained and
attached to the application. A customer intending to avail open access shall
also submit a copy of his application to the distribution Licensee of the State
involved in this open access transaction. [2][(b) The application shall
be accompanied by a non-refundable application registration fee (i) of Rs.5000/- (five thousand) in the case where the open access
transaction relates to conventional energy sources; and (ii) of Rs.200/- (two hundred) per MW subject to a maximum of Rs.
5000/- (five thousand) in the case where the open access transaction relates to
non-conventional and renewable sources of energy including co-generation,
payable in the manner to be decided by the STU.] (c) Based on system studies
conducted in consultation with other agencies involved including other
transmission and distribution Licensees, the nodal agency shall, within thirty
days of receipt of the application, intimate to the applicant whether or not
the long-term access can be allowed, without further system strengthening: (d) Provided that where the
long-term access can be allowed , subject to the provisions in these
regulations and without further system strengthening, then such long term
access shall be allowed immediately after entering into commercial agreements. (e) If, in the opinion of
the nodal agency, further system strengthening is essential before providing
the long-term access, the applicant may request the nodal agency to carry out
the system studies and preliminary investigation for the purpose of cost
estimates and completion schedule for system strengthening; The nodal agency shall carry out the studies immediately on
receipt of request from the applicant and intimate results of the studies
within ninety days of receipt of request from the applicant. The applicant
shall reimburse the actual expenditure incurred by the nodal agency for system
strengthening studies. [3][(f) After the feasibility
is established and prior to execution of agreement:- (i) a sum of Rs 50,000 (fifty thousand) in the case where the open
access transaction relates to conventional energy sources; and (ii) a sum of Rs.2000/- (two thousand) per MW subject to a maximum of
Rs.50,000/- (fifty thousand) in the case where the open access transaction
relates to non-conventional and renewable sources of energy including
co-generation, shall be payable to the nodal agency towards the open access
agreement fee.] (g) After agreements have
been entered into and copies furnished to State Load Dispatch Centre, the State
Load Dispatch Centre shall inform the open access customer the date from which
open access will be available. Furnishing this information will not be later
than three days from the date of entering into the agreements. (h) A long-term open access
customer shall not relinquish or transfer his rights and obligations specified
in the open access agreement, without prior approval of the Commission. The
relinquishment or transfer of right and obligations shall be subject to payment
of compensation, as may be determined by the Commission. (a) An application for short-term open access shall be submitted by a
Open access customer, along with the agreement, commitment letter from the
supplier, details of terminal beneficiary etc., to the State Load Dispatch
Center (SLDC). The application shall contain details such as capacity needed,
point of injection, point of drawal, duration of availing open access, peak
load, sustained load and such other additional information that may be
specified by the SLDC. A customer intending to avail open access shall also
submit a copy of his application to the distribution Licensee of the area in
which the direct / embedded customer is located. (b) The application shall be accompanied by a non-refundable
application registration fee of Rs.1000/ (one thousand), payable in the manner
to be decided by the SLDC; (c) SLDC shall inform the feasibility for the short term open access
to the applicant within fifteen days from the date of receipt of the
application. (d) After the feasibility is established and prior to execution of
agreement, a sum of Rs. 10000 (ten thousand) shall be payable to the SLDC
towards the open access agreement fee in the name and in the manner to be
decided by the SLDC; (e) The reserved capacity by a short term open access customer is not
transferable to others. (f) In case a short-term customer is unable to utilize the full or
substantial part of the capacity reserved, he shall inform the State Load
Dispatch Centre along with reasons for his inability to utilize the reserved
capacity and may surrender the reserved capacity. (g) The State Load Dispatch Centre may reduce or cancel the reserved
capacity of a short-term customer when such a short-term customer frequently
under-utilizes the reserved capacity; (h) The short-term customer, who has surrendered the reserved capacity
or whose reserved capacity has been reduced or cancelled, shall bear full
transmission or distribution charges as the case may be and the scheduling and
system operation charges based on original reserved capacity till such time it
is not utilized by the utility or allotted to any other open access customer,
and limited to the period for which the capacity was reserved; (i) 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 short-term open access customer in accordance with these
regulations. (j) For the purpose of registration / agreement fee, renewal of short
term open access agreements shall be treated in the same way as a new
applicant. (1) The open access customer shall provide metering arrangements in
accordance with the Central Electricity Authority's "Regulations on
Installation and Operation of meters" and based on period of supply and
tariff category. (2) The Generating company or a Licensee contracting to effect supply
to an open access customer shall provide Main Meters at interconnecting points
based on the customers to whom it will effect supply under open access or in
case of inter state transmission, it shall arrange communication of energy
accounts of respective Regional Load Dispatch Centers, effected through
displacement/adjustment in the format as maybe specified by State Load Dispatch
Centre on real time basis as well as periodically; (3) The Distribution Licensee may provide Check Meters of the same specification
as Main Meters; (4) The Main and Check Meters shall be periodically tested and
calibrated by State Transmission Utility in the presence of other party
involved. Both parties shall seal Main and Check meters. Defective meter shall
be replaced immediately. The periodicity of testing, checking, calibration
etc., will be governed by the regulations issued by the Central Electricity
Authority in this regard. (5) Reading of Main and Check meters shall be taken periodically at
appointed day and hour by authorized officer of distribution Licensee and
customer or his representative, if present. Meter reading shall be immediately
communicated to State Load Dispatch Centre, customer, State Transmission
Utility and Generating Company / electricity trader, as the case may be, by the
distribution Licensee, within twelve hours. Check meter readings shall be
considered when Main Meters are found to be defective or stopped. Provided that
if difference between the readings of main and check meter vis-a-vis main meter
reading exceeds twice the percentage error applicable to relevant class, both
meters shall be tested and the one found defective shall be immediately
replaced and reading of other will be considered. (6) An open access customer or generating company or Licensee may
request distribution Licensee to provide Main Meters. In that case he shall
provide security to distribution Licensee and shall pay for its rent and Main
Meter shall be maintained by Distribution Licensee; (7) Main and Check Meters shall have facility to communicate its
reading to State Load Dispatch Centre on real time basis or otherwise as may be
specified by the Commission. Such special energy meters (conforming to the
requirements to be specified by Central Electricity Authority in this regard)
shall be installed by the direct customers to the STU and if required, also by
the embedded customers as found necessary by the STU / SLDC (the nodal agency) (8) The Special Energy Meters installed shall be capable of
time-differentiated measurements (fifteen minutes integration) of active energy
and voltage-differentiated measurement of reactive energy as specified by the
State Transmission Utility or the State Load Dispatch Centre. (9) The term 'Meter' shall include Current transformers,
voltage/potential transformers, wiring between them and meter box /panel. (a) As a payment security towards transmission charges, a deposit
equal to three months of the average billing on the basis of agreed contract
demand or scheduled drawal shall be maintained with the State Transmission
Utility. (b) As a payment security towards SLDC charges, a deposit equal to
three months of the SLDC charges shall be maintained with the State Load Dispatch
Centre. (c) As a payment security towards wheeling charges, surcharge and
additional surcharge, a deposit equal to three months of average billing for
these charges shall be maintained with the distribution Licensee of the area of
supply. (d) Such security may be in the form of cash deposit, irrevocable
letter of credit from a local branch of a nationalized bank. [4][(e) The Open Access
customer shall furnish the above payment security within thirty days from the
date of commencement of availing open access.] Regulation - 19.
Collection and Disbursement of charges. (a) The application registration and agreement fee shall be paid to
the respective nodal agency. (b) The transmission charges for the intra state transmission and
wheeling charges in respect of open access customer shall be payable by the
open access customer directly to respective Licensees; (c) The scheduling and system operation charges in respect of open
access customer shall be paid to the State Load Dispatch Centre. (d) The surcharge and additional surcharge shall be paid by the open
access customer directly to the distribution Licensee in his area of supply. (e) The grid support charges shall be paid by the open access
customer, directly to the concerned Distribution Licensee. (1) The licensee / SLDC shall raise bills and
the Open Access customers shall pay the charges as below: (a) Transmission Charges (i) The STU/Transmission licensee shall raise the bill for
transmission charges on the Open Access customers before the 5th day of the
succeeding calendar month. (ii) The open access customer shall pay the charges within seven days
from the date of the bill. (b) Wheeling Charges (i) The Distribution licensee shall raise bill towards wheeling
charges on the open access customer within five days from the date of meter
reading. (ii) The open access customer shall pay the charges within seven days
from the date of bill. (c) Scheduling and system operating charges (i) The SLDC shall raise bills before the 5th day of the succeeding
calendar month. (ii) The open access customer shall pay the charges within seven days
from the date of the bill. (d) Surcharge and Additional Surcharge (i) The Distribution Licensee shall raise bills on the open access
customers within five days from the date of meter reading. (ii) The open access customer shall pay the charges within seven days
from the date of bill. (e) Grid support charges (i) The distribution licensee shall raise bills on the open access
customer for the drawal of power from the grid by the consumer as back up
supply under the conditions specified in clause (a) of sub-regulation (7) of
regulation 9, within five days from the date of meter reading. (ii) The open access customer shall pay the charges within seven days
from the date of the bill. (2) Failure to pay the charges will result in
discontinuation of open access as contemplated in sub-regulation (8) of
regulation 9.][5] (1) A status report on long-term customers indicating, (a) Name of customer; (b) Period of open access granted (date of commencement and date of
termination); (c) Point of injection; (d) Point of drawal; (e) Transmission's system / distribution system used and (f) Open access capacity used. (2) A status report on the current short-term customers indicating, (a) Name of customer; (b) Period of open access granted (date of commencement and date of
termination); (c) Point of injection; (d) Point of drawal; (e) Transmission's system / distribution system used, and (f) Open access capacity used. (3) Peak load flows and capacity available including the reserve
capacity on all EHV lines and HV lines emanating from EHV sub stations. (4) The information regarding average loss in transmission and
distribution system as determined by respective Licensee. (1) All disputes and complaints relating to open access shall be made
to the respective nodal agency, which may investigate and endeavor to resolve
the grievance within thirty days, and (2) Whenever the nodal agency viz.,STU/SLDC is unable to resolve a
grievance, the matter may be referred to the Commission. (1) Events such as war, mutiny, civil commotion, riot, flood, cyclone,
lightning, earthquake or strike, lockout, fire affecting the premises,
installations and activities of any of the parties having open access agreement
shall be classified as force majeure events for the purpose of these
regulations. (2) If any person being party to an open access agreement is unable to
wholly or in part perform on time and as required, any obligation under such
agreement or these regulations because of the occurrence of a force majeure
event, then, subject to these regulations, that obligation is suspended to the
extent for so long as the affected person's ability to perform such obligation
is affected by that force majeure event. (1) Nothing contained in these Regulations shall invalidate the Commission's
powers to exempt any Licensee or customer or person engaged in generation or a
person whose premises are situated within the area of supply of a Distribution
Licensee from any or all of the conditions for availing open access, whether
before or after the notification of these Regulations: Provided that the Commission shall, as far as practicable, give
reasonable opportunity to any interested or affected party to make
representations before granting such exemption. (2) Nothing in these Regulations shall be deemed to limit or otherwise
affect the inherent power of the Commission to make such orders as may be
necessary to meet the ends of justice or to prevent abuses of the process of
the Commission. (3) Nothing in these Regulations shall bar the Commission from
adopting in conformity with the provisions of the Act a procedure, which is at
variance with any of the provisions of these Regulations, if the Commission, in
view of the special circumstances of a matter or class of matters and for
reasons to be recorded in writing, deems it necessary or expedient for dealing
with such a matter or class of matters. (4)
Nothing
in these Regulations shall, expressly or impliedly, bar the Commission dealing
with any matter or exercising any power or function under the Act for which no
Regulations have been framed, and the Commission may deal with such matters,
powers and functions in a manner it thinks fit. [1] Substituted by Commission's Notification No.
TNERC/lSOA/11/1-2 dated 11.10.2.008 (w.e.f. 3.8.2005) before substitution stood
as under: 'The application shall be accompanied by a non-refundable application
registration fee of rupees five thousand payable in the manner to be decided by
the STU' [2] Substituted by Commission's Notification No.
TNERC/ISOA/11/1-2 dated 11.10.2008, w.e.f 3.8.2005. [3] Substituted by Commission's Notification No.
TNERC/ISOA/11/1-2 dated 11.10.2008 (w.e.f 3.8.2005) which before substitution
stood as under: 'After the feasibility is established and prior to execution of
agreement, a sum of Rs 50,000 (fifty thousand) shall be payable to the nodal
agency towards the open access agreement fee.' [4] Inserted by Commission's Notification No. TNERC/ISOA/11/1-1
dated 7.7.2008 (w.e.f. 3.8.2005). [5] Inserted by Commission's Notification No. TNERC/ISOA/ll/1-1
dated 7.7.2008 (w.e.f. 3.8.2005).Tamil Nadu Electricity Regulatory Commission Intra State Open
Access Regulations, 2005
In these regulations, unless the context otherwise requires -
These regulations shall apply to open access for use of intra-state
transmission system and/or distribution systems of Licensees in the State,
including when such system is used in conjunction with inter-state transmission
system.
The persons availing access to the intra state transmission system and / or of
the distribution system in the State on the date of coming into force of these
regulations under an existing agreement / contract shall be entitled to
continue to avail such access to the transmission and distribution system on
the same terms and conditions, as stipulated under such existing agreement /
contract.. Such persons are eligible to avail long term intra state open access
under these regulations on expiry of such existing agreement / contract. Such
of those persons, shall have to apply to come under the long term open access
category at least thirty days prior to the expiry of such existing agreement /
contract.
Subject to the provisions of regulation 5 above, the open access customers
shall be classified into the following categories:
The priority for allotment of open access shall be decided on the following
criteria:
The following charges as applicable are payable by the open access customer.
Tire open Access shall be allowed to the intra state transmission system
subject to the satisfaction of the conditions contained in the Act and in these
regulations. Having regard to operational constraints and other relevant factors,
open access shall be allowed to customers as stated below:
Provided that the nodal agency shall issue necessary guidelines, procedure and
application forms within thirty days from the date of commencement of these
regulations.
When, because of constraints or otherwise, it becomes necessary to curtail the
open access service of the customers, subject to the requirements of Grid Code,
the short-term intra state customers shall be curtailed first, followed by the
long-term intrastate customers. The open access to, a distribution Licensee
shall be the last to be curtailed. SLDC shall frame guidelines for curtailment
of intra state open access customers.
Provided further that Distribution Licensee for the purpose of this clause
shall be the distribution Licensee operating and maintaining distribution
system to which consumer's premises are connected;
The open access customers shall bear average energy losses in the transmission
system as estimated by the State Load Dispatch Centre. The energy losses in the
transmission system shall be compensated by additional injection at the
injection point. The information regarding average energy losses for the
previous fifty two weeks shall be posted on the website of the State Load
Dispatch Centre. Fortnightly average transmission loss in the system on all
open access customers would need to be monitored by the SLDC.
In case of distribution open access the Licensee shall estimate the losses in
the HT system (upto 11 KV). These losses as approved by Commission shall be
borne by the open access customer. Progressively these losses shall be
calculated using scientific methods and the same shall be borne by the open
access customers after it is approved by the Commission under the tariff
notification.
The open access customer shall abide by the Indian Electricity Grid Code, the
Tamil Nadu Electricity Grid Code and instructions given by State Transmission
Utility and State Load Dispatch Centre as applicable from time to time.
Unless notified otherwise by the Commission, the collection and disbursement of
various charges as specified in Regulation 9 shall be governed as follows:
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.
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 Dispatch Centre, Licensees and the open access
customer, to take such action, as may appear to the Commission to be necessary
or expedient for the purpose of removing difficulties.
The Commission may, at anytime, vary, alter, modify or amend any provisions of
these Regulations.