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The Maharashtra Electricity Regulatory Commission (Distribution Open Access) Regulations, 2014

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Part A

Preliminary

(a) "Act" means the Electricity Act, 2003 (36 of 2003);

(b) "Admissible Drawal" or "Allotted Capacity" means the power transfer in MW between the specified point(s) of injection and point(s) of drawal allowed to a consumer on the Distribution system;

(c) "Applicant" means such person who has made an application for Grant of connectivity and/or Open Access to the distribution system of a Distribution Licensee in accordance with these Regulations;

(d) "Authorised Representative" means all such officers, staff or representatives of the Distribution Licensee or the Supplier, discharging functions under the general or specific authority of the Distribution Licensee or the Supplier, as the case may be;

(e) "Balancing and Settlement Code" means such code as may be developed by the State Load Despatch Centre and approved by the Commission for the balancing of energy accounts and settlement of differences between energy scheduled and actual energy delivered among the users of the grid in the State of Maharashtra;

(f) "Bilateral transaction" means a transaction for exchange of energy (MWh) between a specified buyer and a specified seller, directly or through a Trading Licensee or discovered at Power Exchange, from a specified point of drawal for a fixed or varying quantum of power (MW) for any time period.

(g) "Billing Demand for Partial Open Access Consumer" means monthly Billing Demand shall be higher of following:

(i) Actual Maximum Demand recorded less Open Access Demand availed by Partial Open Access Consumer in the month during 0600 to 2200 Hours;

(ii) 75% of the highest Billing Demand pertaining to retained Contract Demand recorded during preceding eleven (11) months;

(iii) 50% of retained Contract Demand with the Licensee.

(h) "Central Commission" means the Central Electricity Regulatory Commission referred to in Section 76 of the Act;

(i) "Commission" means the Maharashtra Electricity Regulatory Commission;

(j) "Congestion" means a situation where the demand for distribution capacity exceeds the Available Transfer Capability;

(k) "Connection" means the connecting the premises of the Consumer with the distribution system of the Distribution Licensee so as to enable the transfer of electricity between such premises and such distribution system;

(l) "Connection and Use of Distribution System Agreement" means an agreement for connection to and use of the distribution system of a Distribution Licensee and are of the following types -

(i) an agreement entered into between the Distribution Licensee and a person whose premises are situated within the area of supply of the said Distribution Licensee where such person requires supply of electricity from a Generating Company or Licensee other from the said Distribution Licensee;

(ii) an agreement entered into between the Distribution Licensee and a Generating Company or Licensee, as the case may be, intending to give supply of electricity to such person referred to in (i) above by using the distribution system of such Distribution Licensee for wheeling of electricity;

(iii) an agreement entered into between the Distribution Licensee and a person whose premises are situated within the area of supply of the said Distribution Licensee where such a person requires supply of electricity from a Power exchange formed under the CERC (Power Market) Regulation, 2010 as amended from time to time either through a Member or by becoming a Member himself;

(m) "Connectivity" for a generating station, including a captive generating plant, a consumer or a Licensee means the state of getting connected to the distribution system;

(n) "Consumer" shall carry the same meaning as in the Act, but shall be restricted to such consumers within the State of Maharashtra to whom these Regulations will apply and have been granted Open Access in accordance with these Regulations;

(o) "Consumer Grievance Redressal Forum" means such forum for redressal of Grievances as is set up by the Distribution Licensee under the provisions of sub-section (5) of Section 42 of the Act and the Regulations specified there under;

(p) "Contract Demand" means demand in kilowatt (kW) or megawatt (MW) or horse power (HP) or kilovolt ampere (KVA) or megavolt ampere (MVA), mutually agreed between the distribution licensee and the consumer as entered into:

(i) in the agreement for supply of electricity; or

(ii) in the Connection and Use of Distribution System Agreement; or

(iii) as agreed through other written communication;

(q) "Day" means the day starting at 00.00 hours and ending at 24.00 hours;

(r) "Detail procedure" means the procedure issued by the Distribution Licensee as referred to in Regulation 8, 9, 10, 11, 12, 36 hereof;

(s) "Electricity Supply Code" means the Regulations specified by the Commission under clause (u), clause (v), clause (w), clause (x) and clause (zp) of sub-section (2) of Section 181 of the Act;

(t) "IEGC" means Indian Electricity Grid Code specified by Central Electricity Regulatory Commission under clause (h) of sub-section (1) of section 79 of the Act, and as amended from time to time;

(u) "Long-term Open Access" means the right to use the Distribution system for a period exceeding twelve (12) years but not exceeding twenty-five (25) years;

(v) "Maximum Demand" in kilowatts or kilo-volt-amperes, in relation to any period shall, unless otherwise provided in any general or special Order of the Commission, mean two times the largest number of kilowatt-hours or kilo-volt ampere-hours supplied and taken during any consecutive fifteen (15) minute blocks in that period;

(w) "Medium-term Open Access" means the right to use the Distribution system for a period exceeding three (3) months but not exceeding three (3) years;

(x) "Month" means a calendar month as per the Gregorian calendar;

(y) "Nodal agency" means the nodal agency as defined in Regulation 3 of these Regulations

(z) "Open Access Customer" means a consumer, Licensee or a Generating Company or a person who has been granted Open Access under these Regulations;

(aa) "Partial Open Access Consumer" means a consumer who has been granted Open Access under these Regulations to source power from a generating company or generating companies or other Licensee or through Power exchange and at the same time maintains partial demand with Distribution Licensee (in whose area of supply the consumer is located) to cater its load requirement;

(bb) "Sanctioned Load" means load in kilowatt (kW)/Horse power (HP) mutually agreed between the Distribution Licensee and the consumer;

(cc) "Short-term Open Access" means the right to use the Distribution system for a period not exceeding one (1) month at a time;

(dd) "SLDC" means the State Load Despatch Centre in Maharashtra established under sub-section (1) of Section 31 of the Act;

(ee) "State Grid Code" means the State Grid Code specified by the Commission under clause (h) of sub-section (1) of section 86 of the Act, applicable on the date of commencement of these Regulations and as amended from time to time;

(ff) "State Transmission Utility (STU)" means the Government Company notified by the Government of Maharashtra under sub-section (1) of section 39 of the Act;

(gg) "Special Energy Meters" means meters installed in accordance with the Central Electricity Authority (Installation and Operation of Meters) Regulations, 2006, specified by the Central Electricity Authority and amended from time to time;

(hh) "Standards of Performance Regulations" means the Regulations specified by the Commission under clause (za) of sub-section (2) of Section 181 of the Act;

(ii) "Supplier" means a Generating Company or Licensee, as the case may be, giving supply of electricity to a consumer or a person situated in the area of supply of the other Distribution Licensee by using the distribution system of the other Distribution Licensee in his area of supply, pursuant to a Connection and Use of Distribution System Agreement or giving supply by laying the dedicated Transmission lines;

(jj) "Supply Agreement" means the agreement contemplated under Section 49 of the Act;

(kk) "Tariff Regulations" means the Regulations as specified by the Commission under clause (zd) of sub-section (2) of Section 181 read with Section 61 of the Act;

(ll) "Transmission Open Access Regulations" means the Regulations as specified by the Commission under sub-section (47) of Section 2 read with Section 30 and sub-section (3) of Section 32 of the Act, as amended from time to time.

(mm) "Time Block" means time block of 15-minute each for which special energy meters record specified electrical parameters and quantities with first time block starting at 00:00 hours.

(a) Admissible drawal = Minimum of (Original Contract demand (10 MW) and (Sum of (Scheduled entitlement from Open Access (4 MW) + (Revised contract demand with the Distribution Licensee (6 MW)), which shall be a ceiling of 10 MW.

(b) Scheduled entitlement from Open Access for the consumer shall be load equivalent to 4 MW.

Part B

Connectivity

Part C

General Provisions for Open Access

(a) confirming completion of all works and fulfilment of all requirements under the Act and these Regulations for grant of Open Access to such consumer/person;

(b) intimating the date and time of the final meter reading of the consumer's premises, if applicable; and

(c) intimating the date and time of termination of the agreement of supply, if applicable, and commencement of the Connection and Use of Distribution System Agreement :

(a) Both within the same Distribution system;

(b) Within the State but in different distribution systems;

(c) In different States.

(a) Long term access-

(b) Medium-term Open Access-

(c) Short-term Open Access-

(a) The application for grant of Long-term Open Access shall contain details such as name of the entity or entities from whom electricity is proposed to be procured along with the quantum of power in MW and such other details as may be laid down by the Distribution Licensee in the detailed procedure. A model application form for Long term Open Access is provided at Annexure-IV.

(b) The applicant shall submit the basis for assessment of power to be interchanged using the distribution system and power to be transmitted to or from various entities or regions to enable the Distribution Licensee to plan the distribution system in a holistic manner.

(c) The application shall be accompanied by a bank guarantee of Rs 10,000/- (Rupees Ten thousand) per MW of the total power to be transmitted. The bank guarantee shall be in favour of the Distribution Licensee, in the manner laid down under the detailed procedure.

(d) The bank guarantee as provided at Regulation 10.2 (c) above, shall be kept valid and subsisting till the execution of the Long-term Open Access agreement, in the case when augmentation of distribution system is required, and till operationalisation of Long-term Open Access when augmentation of distribution system is not required.

(e) The bank guarantee may be encashed by the Distribution Licensee, if the application is withdrawn by the applicant or the Long-term Open Access rights are relinquished prior to the operationalisation of such rights when augmentation of distribution system is not required.

(f) The aforesaid bank guarantee will stand discharged with the submission of bank guarantee that is required to be submitted by the applicant to the Distribution Licensee during construction phase when augmentation of distribution system is required, in accordance with the provisions in the detailed procedure.

(g) On receipt of the application, the Distribution Licensee shall, in consultation and through coordination with other agencies involved in distribution 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 Long-term Open Access is arrived at within the time-frame specified in Regulation 9.2 herein above:

(h) Based on the system studies, the Distribution Licensee shall specify the distribution system that would be required to give Long-term Open Access. In case augmentation to the existing distribution system is required, the same will be intimated to the applicant.

(i) While granting Long-term Open Access, the Distribution Licensee shall communicate to the applicant, the date from which Long-term Open Access shall be granted and an estimate of the wheeling charges.

(j) The applicant shall sign the Connection and Use of Distribution System Agreement for Long-term Open Access with the Distribution Licensee in case Long-term Open Access is granted by the Distribution Licensee, in accordance with the provision as may be made in the detailed procedure. The long-term access agreement shall contain the date of commencement of Long-term Open Access, the point of injection of power into the grid and point of drawal from the grid and the details of dedicated distribution lines, if any, required. In case augmentation of distribution system is required, the Long-term Open Access agreement shall contain the time line for construction of the facilities of the applicant and the Distribution Licensee, the bank guarantee required to be given by the applicant and other details in accordance with the detailed procedure.

(k) Immediately after grant of Long-term Open Access, the Distribution Licensee shall inform the State Load Despatch Centre so that it can consider the same while processing requests for scheduling of power, received under this agreement.

(l) On the expiry of the period of Long-term Open Access, the same shall stand extended on a written request by the consumer, to the Distribution Licensee, submitted at least six months prior to such expiry, mentioning the period for which extension is required:

(a) The application for grant of Medium-term Open Access shall contain such details as may be laid down under the detail 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 Medium-term Open Access has been applied for. A model application form for Medium-term Open Access is provided at Annexure-IV.

(b) The start date of the Medium-term Open Access 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.

Note : For example, application for grant of Open Access commencing for January 1^st shall be received up to 31^st day of July of the previous year. Similarly, the application for grant of Open Access if submitted on 31^st day of July of the previous year shall not be for a period commencing 1^st August of the subsequent year.

(c) On receipt of the application, the Distribution Licensee shall process the application and carry out the necessary system studies pertaining to the aspects referred to in Regulation 13.1 (i) and (ii) as expeditiously as possible so as to ensure that the decision to grant or refuse Medium-term Open Access is made within the time-frame specified in Regulation 9.2 herein above :

(d) On being satisfied that the requirements specified under Regulation 9.2 are met, the Distribution Licensee shall grant Medium-term Open Access for the period stated in the application:

(e) Immediately after grant of Medium-term Open Access, the Distribution Licensee shall inform the State Load Despatch Centre so that it can consider the same while processing requests for scheduling requests received under these Regulations.

(f) On expiry of the period of the Medium-term Open Access, the Medium-term consumer shall not be entitled to any overriding preference for renewal of the term.

(i) Application may be submitted to the Distribution Licensee seeking short-term Open Access up to the fourth month, considering the month in which an application is made being the first month.

(ii) Separate application shall be made for each month and for each transaction in a month.

(iii) The application to the Distribution Licensee shall be on the prescribed form given in Annexure - III [format ST-1] 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 Distribution Licensee. 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 Distribution Licensee.

(iv) 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 10^th day of the preceding month.

(v) Distribution Licensee shall acknowledge receipt of the application by indicating time and date on "Acknowledgement" to the applicant.

(vi) Based on the type of transactions the Distribution Licensee shall take a decision on the applications for short-term Open Access in the manner provided herein below.

(vii) All applications received under sub-sub-clause (iv) above shall be taken up for consideration together and processed as per allotment priority criteria specified under Regulation 14 of these Regulations.

(viii) Distribution Licensee shall check the transaction for congestion in the distribution system.

(ix) Distribution Licensee shall convey grant of Open Access or otherwise as per prescribed form in Annexure III [FORMAT-ST2] along with schedule of payments to the consumer latest by 19^th day of such preceding month.

(x) Distribution Licensee shall assign specific reasons if Open Access is denied under sub-sub-clause (ix).

(i) An application for grant of day ahead Open Access may be received by Distribution Licensee within two (2) days prior to the date of scheduling but not later than 10:00 Hours of the day immediately preceding the day of scheduling for day-ahead transaction.

(ii) Distribution Licensee shall check for congestion and convey grant of approval or otherwise in the same format of Annexure III [FORMAT-ST2] as provided in sub-sub-clause (ix) of Regulation 12.2.1 above. All other provisions of application for short-term Open Access shall apply.

(i) 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.

(ii) The decision of SLDC in respect of an expected congestion shall be final and binding.

(iii) SLDC shall convey information of congestion and decision for invitation of bidding indicating floor price on format of Annexure III [FORMAT-ST3], as provided at Annexure III, to the applicants.

(iv) SLDC shall also display bidding information on its website.

(v) The floor price of transmission and wheeling charges determined on the basis of relevant order of the Commission shall be indicated in Annexure III [FORMAT-ST3].

(vi) The Bids shall be accepted on format [FORMAT-ST4], as provided at Annexure III, up to the "bid closing time" as indicated in bidding invitation as provided at Annexure III [FORMAT-ST3]. Modification/amendment to a bid, once submitted shall not be entertained.

(vii) If any consumer does not participate in bidding process, his application shall be deemed to have been withdrawn and shall not be processed.

(viii) SLDC shall not entertain any request for extension of time/date for submission of bids.

(ix) The bidders shall quote price (rounded-off to whole number) in denomination in which floor price has been determined.

(x) 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.

(xi) In case of equal price quoted by two or more consumers, the allocation from the residual available capacity at any stage under sub-sub-clause (x) above shall be made in proportion to capacity being sought by such consumers.

(xii) All consumers, in favour of whom full capacities have been allotted, shall pay the highest price obtained from bids.

(xiii) The consumers, who are allotted less capacity, shall pay the price as quoted by them.

(xiv) SLDC shall reject bid which are incomplete, vague in any manner or not found in conformity with bidding procedure.

(xv) 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 under sub-sub clause (xii) or (xiii) of this clause.

(i) Existence of infrastructure necessary for time-block-wise energy metering and accounting in accordance with the provisions of the State Grid Code in force, and

(ii) Availability of capacity in the distribution system.

13.2.1 In case where the applicant is connected to the distribution system and the application for grant of Long-term Open Access, Medium-term Open Access and short-term Open Access is for availing power from another State, the Distribution Licensee shall convey its consent or refusal to grant consent, either to the STU and/or the SLDC, under the provisions of Central Electricity Regulatory Commission (Grant of Connectivity, Long-term Open Access 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, respectively as amended from time to time.

13.2.2 The Distribution Licensee shall convey its consent or refusal to grant consent, as under:

(a) Within 3 working days of receipt of the request of the applicant in case of Short term Open Access;

(b) Within 5 working days of receipt of the request of the applicant in case of Medium term Open Access and Long term Open Access.

(a) While processing the application from a generating station seeking consent for Open Access, the Distribution Licensee shall verify the following, namely-

(i) Existence of infrastructure necessary for time-block-wise energy metering and accounting in accordance with the provisions of the State Grid Code in force, and

(ii) Availability of capacity in the distribution system.

(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, Medium-term or short-term.

(b) The Long-term Open Access applicants shall have the priority next to the Distribution Licensee.

(c) The Medium-term Open Access applicants shall have the priority next to the long-term Open Access applicants.

(d) The short-term Open Access applicants shall have the priority next to the medium-term Open Access applicants.

(e) Allotment priority for short-term Open Access applicants shall be decided subject to capacity availability.

(f) 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.

Part D

Open Access Charges

(i) Charges for supply of electricity, in accordance with the terms and conditions of the Supply agreement, if any

(ii) Any other charge or other sum recoverable from the consumer under the Act or these Regulations or under any other law for the time being in force.

(i) Wheeling charges, recovered or recoverable from consumers in accordance with Regulation 16.1 below;

(ii) Cross-subsidy Surcharge, recovered or recoverable from consumers in accordance with Regulation 17 below;

(iii) Additional surcharge on the charges of wheeling, recovered or recoverable from consumers in accordance with Regulation 18 below;

(iv) if the Distribution Licensee schedules power for the Open Access Customer, the SLDC fees and charges payable by the Licensee shall be shared with the customer based on the ratio of scheduled demand of Open Access sought to the total demand of Distribution Licensee on a pro-rata basis for Long-term and Medium-term Open Access customer.

(v) In case of Partial Open Access consumer of a Distribution Licensee, Partial Open Access consumers should pay the Transmission charges to Distribution Licensee instead of Transmission Utility for using a transmission network.

(vi) Any other charges, surcharge or other sum recoverable from the consumer under the Act or any Regulation, Orders of the Commission within the Act or under any other law for the time being in force :

(i) Wheeling charges, recovered or recoverable from consumers in accordance with Regulation 16.1 below;

(ii) Cross subsidy surcharge, in case the generator or Licensee sells power to the consumer of the Distribution Licensee and is not being recovered by the Distribution Licensee from the consumer under Regulation 17.1;

(iii) Additional surcharge on the charges of wheeling, in case the generator or Licensee sells power to the consumer of Distribution Licensee and not being recovered by the Distribution Licensee from the consumer under Regulation 18.1;

(iv) Any other charge or other sum recoverable from the generator or Licensee under the Act or these Regulations or any other law for the time being in force.

(a) Wheeling charges payable to the Distribution Licensee by an Open Access customer for usage of their system shall be determined under the Maharashtra Electricity Regulatory Commission (Multi Year Tariff) Regulations, 2011, as amended from time to time:

S = T - [C (1 + L / 100) + D]

Where,

S is the surcharge;

T is the Tariff payable by the relevant category of consumers;

C is the Weighted average cost of power purchase of top 5% at the margin excluding liquid fuel based generation and renewable power;

D is the Wheeling charge in per kWh basis;

L is the Distribution System Losses as stipulated by the Commission in accordance with Regulation 25.2 of these Regulations for the applicable voltage level, expressed as a percentage:

(i) The cost must have been incurred by the Distribution Licensee or is expected, with reasonable certainty, to be incurred on account of such consumer; and

(ii) The cost has not been or cannot be recovered from the consumer, or from other consumers who have been given supply from the same assets or facilities, or from other Consumers, either through wheeling charges, standby charges or such other charges as may be approved by the Commission in exercise of powers under Section 64 of the Act:

Part E

Scheduling, Metering, Revision and Losses

25.1.1.1 Long-term Open access and Medium-term Open Access: The buyers shall bear apportioned energy losses in the transmission system in accordance with the provisions specified by the Central Commission.

25.1.1.2 Short-term Open Access: The Open Access customer shall absorb energy losses in the transmission system in accordance with the provisions specified by the Central Commission.

Part F

Imbalance and Reactive Energy Charges

26.2.1 Over drawal :

(i) The System Marginal Price (SMP) plus other Incidental charges (Net UI charges, additional UI) or any other intra-State ABT settlement charges as identified under the intra-State ABT mechanism operating in the State from time to time or,

(ii) The Energy charge or Variable Charge of temporary tariff category, whichever is applicable, as identified in the Tariff schedule as determined by the Commission from time to time for the concerned Distribution Licensee.

26.2.2 Under drawal :

26.3.1 The Scheduled energy (in kWh) at consumption point for Open Access Consumer shall be calculated for each time block from the scheduled capacity (kW) at the consumption point, as provided in the drawal schedule, by multiplying it with the period of time block.

26.3.2 The Scheduled demand at consumption point shall be calculated by dividing the scheduled capacity (kW) at consumption point by the power factor for the time block, for which purpose the Power factor shall be considered as unity.

26.3.3 Calculation of over drawal or under drawal shall be as under:

a. Overdrawal by the Open Access Consumer = (Recorded drawal of consumer in each time block) - Minimum of (Scheduled demand/energy at consumption point, Actual demand/energy made available to a consumer from Open Access Generator at that consumption point) - Scheduled demand/energy entitlement from the Distribution Licensee.

b. Underdrawal by the Open Access Consumer = Minimum of (Scheduled demand/energy at consumption point, Actual demand/energy made available to a consumer from Open Access Generator at that consumption point) - (Recorded drawal of consumer in each time block).

26.4.1 When over drawal is identified on the contract demand as a consumer of the Distribution Licensee, the extent of over drawal after reconciliation under Regulation 26.3 above, would be levied as demand surcharge on the consumer in a manner similar to the provision of the retail tariff applicable to such consumer. Settlement of energy over drawal of a consumer will be as per Regulation 26.2.1 above.

26.4.2 When the recorded drawal of a consumer is less than the scheduled entitlement as an Open Access customer, it will be treated as a case of under drawal as per Regulation 26.2.2 above.

26.5.1 Over injection

(a) If any over injection than that scheduled by the generator/trader leads to benefit of the grid then such over injection will be settled either at UI charge applicable under the Inter-state ABT mechanism or the SMP plus other Incidental charges (Net UI charges, additional UI) or any other intra-State ABT settlement charges as identified under the intra-State ABT mechanism operating in the State from time to time or at the weighted average cost of Long-term power purchase sources excluding Renewable sources and Liquid fuel based generation of the Distribution Licensee, whichever is lower.

(b) If any over injection than that scheduled by the generator/trader is detrimental to the grid, then for such over injection the OA generator/trader shall pay to the state pool either at UI charge applicable under the Inter-state ABT mechanism or the SMP plus other Incidental charges (Net UI charges, additional UI) or any other intra-State ABT settlement charges as identified under the intra-State ABT mechanism operating in the State from time to time, whichever is higher:

26.5.2 Under injection

26.5.3 As and when the Generators in the State are declared as participants of Intra-state ABT regime, the following would be applicable :-

(a) Any generation up to 105% of the declared capacity in any time block of 15 minutes and aggregated averaging up to 101% of the average declared capacity over a day shall not be construed as gaming and the generator shall be entitled to UI charges identified as the SMP plus other Incidental charges (Net UI charges, additional UI) or any other intra-State ABT settlement charges as identified under the intra-State ABT mechanism operating in the State from time to time or lowest variable cost of generation, whichever is lower, for such excess generation above the declared capacity of Scheduled Generation (SG).

(b) For any generation beyond the prescribed limits, the State Load Despatch Centre shall investigate so as to ensure that there is no gaming, and if gaming is found by the State Load Despatch Centre, the corresponding UI charges due to the generating station on account of such extra generation shall be reduced to zero and the amount shall be adjusted in UI account of beneficiaries in the ratio of their capacity share in the generating station :

(1) Credit for energy injected should be provided strictly on the basis of 15 minute time block basis.

(2) The surplus energy after set off with Open Access Consumer's consumption in the same 15 minutes time block shall purchased by the Distribution Licensee at the approved Average Power Purchase Cost of the Distribution Licensee by the Commission for respective year :

Part G

Commercial Matters

(a) Short-term Open Access

(i) 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.

(ii) The short-term Open Access customer connected to distribution system of a Distribution Licensee shall pay to such Distribution Licensee the charges payable to the Distribution Licensee in accordance with Regulation 15.2.

(b) Long-term Open access and Medium-term Open Access

(i) 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.

(ii) Bills towards the charges payable to SLDC shall be raised by the SLDC directly to the Open Access consumer connected to the STU or to the distribution system of the Distribution Licensee, before the 3rd working day of the succeeding calendar month.

(iii) Distribution Licensee shall raise the bill with the Open Access customer connected to it in accordance with Regulation 15.3 on receipt of bill from SLDC.

(iv) Open access consumer connected to the distribution system shall pay the charges in accordance with Regulation 15.2. The Distribution Licensee up on receipt of payment from the Open Access Consumer shall disburse the amount payable to STU/SLDC on a monthly basis.

(v) Open access customer connected to the STU shall pay the bills in accordance with Regulation 15.2.

(a) Short-term Open Access - The short-term Open Access customer connected to distribution system of a Distribution Licensee shall pay the charges payable to the Distribution Licensee in accordance with Regulation 15.2.

(b) Long-term and Medium-Term Open Access - The SLDC shall communicate to Distribution Licensee the details of the bills due to them by the 3rd day of the succeeding calendar month. The Distribution Licensee shall separately indicate the charges and raise the bill with the Open Access customer, together with the charges receivable by it, if any, before the 5th day of the above month. The Open Access customer shall pay the charges in accordance with Regulation 16 of these Regulations. The Distribution Licensee up on receipt of payment from the Open Access Consumer shall disburse the charges payable to SLDC on a monthly basis.

Part H

Information System

(a) The form of application, the procedure and manner of submitting the application form and the fee required to accompany the application form;

(b) The form of the Connection and Use of Distribution System Agreement;

(c) The Wheeling charge and cross-subsidy surcharge, as may be stipulated by the Commission; and

(d) A status report on Long-term Open Access, Medium-term Open Access and the current short-term Open Access customers indicating:

(i) Name of customer;

(ii) Period of Open Access granted (date of commencement and date of termination);

(iii) Point of injection;

(iv) Point of drawal;

(v) Transmission system/distribution system used;

(vi) Open access capacity used, and

(vii) Schedule of Open Access period for each day in case of Open Access consumers.

Part I

Open Access to Generating Station Connected to Distribution System

(a) Existence of infrastructure necessary for time-block-wise energy metering and accounting in accordance with the provisions of the State Grid Code in force, and

(b) Availability of surplus capacity in the distribution system.

(a) Within seven (7) working days of receipt of from the date of receipt of the application, in case of Long-term and Medium-term Open Access

(b) Within four (4) working days of receipt of the application in case of Short-term Open Access

(a) Within the period of seven (7) working days from the date of receipt of the application, in case of Long-term and Medium-term Open Access

(b) Within a period of five (5) working days from the date of receipt of application in case of Short-term Open Access

Part J

Miscellaneous

(i) the connection to the intra-State transmission system shall be provided based on the principles for allocation of capacity specified in the MERC (Transmission Open Access) Regulations, 2014;

(ii) the State Transmission Utility/SLDC shall bill the Transmission System User (except for Partial Open Access Consumers for which Distribution Licensee shall recover), along with the transmission charges, for cross-subsidy surcharge, as applicable, based on the rates stipulated by the Commission and intimated to the Transmission Licensee by the Distribution Licensee;

(iii) the Transmission Licensee shall inform the Distribution Licensee of any change in the status of the consumer, based on information in the possession of the Transmission Licensee, which may be relevant in the determination of the cross-subsidy surcharge;

(iv) the Distribution Licensee shall be entitled to disconnect the consumer for any reason for which disconnection is permitted under the provisions of the Act;

(v) the obligations of the Distribution Licensee under the Connection and Use of Distribution System Agreement shall not apply

(vi) The Consumer of a Distribution Licensee availing Open Access exclusively on Interstate transmission system shall also pay the same surcharge as applicable under this Regulation

(vii) The Consumer of a Distribution Licensee availing Open Access by connecting directly to the Intra-state transmission system without involving Distribution Licensee's network shall be liable to pay the same surcharge as applicable under this Regulation

(viii) The Consumers availing Open Access through an interphase directly connected to the Intra-state transmission system without involving the Distribution Licensee's network shall be liable to pay the same surcharge as applicable under this Regulation.

1. Committee

(i) The Commission shall constitute a Committee, to be known as the 'Open Access Monitoring and Review Committee', comprising of one member each of SLDC, the incumbent Distribution Licensee, one person from the Commission's staff and an authorised Consumer Representative. The Committee shall monitor the progress of Open Access in the Licensees area of operation and should meet at least once in 3 months.

(ii) The Distribution Licensee shall provide information on Open Access granted, the applications pending/rejected by them, etc., to the Committee.

(iii) The Committee shall submit their observations/suggestion on the current Regulation at least once in every Six (6) months.

(i) Natural phenomenon including but not limited to floods, cyclone, droughts, earthquake and epidemics;

(ii) War (whether declared or undeclared), mutiny, invasion, armed conflict or act of foreign enemy in each case involving or directly affecting India, revolution, riot, insurrection or other civil commotion, act of terrorism or sabotage in each case within India;

(iii) nuclear explosion, radioactive or chemical contamination or ionizing radiation directly affecting the generation station, captive generating plant or the consumer, inter-state transmission system or intra-state transmission system or any facility or system that is integral to and substantial for the performance of obligations.

(iv) any event or circumstances of a nature analogues to any events set forth above within India:

Annexure I

[See Regulation 4.1 of MERC (Distribution Open Access) Regulation 2014]

Form of Application for Open Access

Sub: Open Access to Distribution System

Signature of applicant

(a) Consumer No.:

(b) Meter No.:

(c) Date on which present agreement for supply is to be terminated:

(d) Whether any application for increase/reduction of demand is pending: (Yes/No)

(e) If response to (d) above is "Yes", application no. and date of application

(f) Load applied for with Generating Company or Licensee intending to give supply, including peak load and average load

(g) Required duration of Connection and Use of Distribution System Agreement

(a) Name of applicant and, where applicant is not the owner of premises, name of owner of premises

(b) Address of premises to which access is to be provided

(c) Purpose of usage of electricity

(d) Load applied for with Generating Company or Licensee intending to give supply, including peak load and average load

(e) Name, address, telephone number and e-mail ID of the Licensed Electrical Contractor who will carry out the wiring works within the premises

(f) Required duration of Connection and Use of Distribution System Agreement

Annexure II

[See Regulation 6 of MERC (Distribution Open Access) Regulations, 2014]

Form of Connection and Use of Distribution System Agreement

(i) ______ (Name) ______ of _______ (Address) ______ (hereinafter referred to as the "Distribution Licensee";

(ii) _________ (Name) ________ of _________ (Address) ______ (hereinafter referred to as the "Consumer"); and

(iii) _________ (Name) ________ of _________ (Address) ______ (hereinafter referred to as the "Supplier"):

(a) The provision of connection to the distribution system by the Distribution Licensee to the Consumer and the payment for such connection by the Consumer;

(b) the obligations of the Consumer in respect of such connection to the Distribution System of the Distribution Licensee;

(c) the provision of the distribution system by the Distribution Licensee for use by the Supplier for wheeling of electricity and the payment for such use by the Supplier; and

(d) the obligations of the Supplier in respect of the use of the distribution system provided by the Distribution Licensee.

Part A

General

(a) "Act" means the Electricity Act, 2003 (36 of 2003);

(b) "Admissible Drawal" or "Allotted Capacity" means the power transfer in MW between the specified point(s) of injection and point(s) of drawal allowed to a consumer on the Distribution system;

(c) "Applicant" means such person who has made an application for Grant of connectivity and/or Open Access to the distribution system of a Distribution Licensee in accordance with these Regulations;

(d) "Authorised Representative" means all officers, staff or representatives of the Distribution Licensees or the Supplier, discharging functions under the general or specific authority of the Distribution Licensees or the Supplier, as the case may be;

(e) "Balancing and Settlement Code" means such code as may be developed by the State Load Despatch Centre and approved by the Commission for the balancing of energy accounts and settlement of differences between energy scheduled and actual energy among the users of the grid in the State of Maharashtra;

(f) "Board" means the Maharashtra State Electricity Board;

(g) "Commission" means the Maharashtra Electricity Regulatory Commission;

(h) "Connection" means the joining of the premises of the Consumer with the distribution system of the Distribution Licensee so as to enable the transfer of electricity between such premises and the distribution system;

(i) "Connection Point" means the physical point at which the premises of the Consumer is connected to the distribution system;

(j) "Connection and Use of Distribution System Agreement" means an agreement for connection to and use of the distribution system of a Distribution Licensee and are of the following types -

(i) an agreement entered into between the Distribution Licensee and a person whose premises are situated within the area of supply of the said Distribution Licensee where such person requires supply of electricity from a Generating Company or Licensee other from the said Distribution Licensee;

(ii) an agreement entered into between the Distribution Licensee and a Generating Company or Licensee, as the case may be, intending to give supply of electricity to such person referred to in (i) above by using the distribution system of such Distribution Licensee for wheeling of electricity;

(iii) an agreement entered into between the Distribution Licensee and a person whose premises are situated within the area of supply of the said Distribution Licensee where such a person requires supply of electricity from a Power Exchange formed under the CERC (Power Market) Regulation, 2010 as in force from time to time either through a Member or by becoming a Member himself;

(k) "Contract Demand" means demand in kilowatt (kW) or horse power (HP) or kilovolt ampere (KVA) or megavolt ampere (MVA), mutually agreed between the distribution licensee and the consumer as entered into:

a. in the agreement for supply of electricity; or

b. in the Connection and Use of Distribution System Agreement; or

c. as agreed through other written communication;

(l) "Dedicated distribution facilities" means such facilities, not including a service-line, forming part of the distribution system of the Distribution Licensee which are clearly and solely dedicated to the supply of electricity to a single consumer or a group of consumers on the same premises or contiguous premises;

(m) "Distribution Open Access Regulations" means the Regulations specified by the Commission under clause (p), clause (q) and clause (zp) of sub-section (2) of section 181 of the Act;

(n) "Electricity Supply Code" means the Regulations specified by the Commission under clause (u), clause (v), clause (w), clause (x) and clause (zp) of sub-section (2) of Section 181 of the Electricity Act, 2003;

(o) "Energise" means the movement of any isolator, breaker or switch or the addition of any fuse or meter whereby active power or reactive power can be imported into or exported from the Consumer's premises through the Connection Point and the terms "De-Energise" and "Re-Energise" shall be construed accordingly;

(p) "Licensed Electrical Contractor" means an electrical contractor licensed by the State Government for the purpose of carrying out electrical works;

(q) "Meter" means a set of integrating instruments used to measure, record and store the amount of electrical energy supplied or the quantity of electrical energy contained in the supply, in a given time, which include whole current meter and metering equipment, such as current transformer, capacitor voltage transformer or potential or voltage transformer with necessary wiring and accessories and also includes prepayment meters;

(r) "Partial Open Access Consumer" means a consumer who has been granted Open Access under these Regulations to source power from a generating company or or generating companies or other Licensee or through Power Exchange and at the same time maintains partial demand with Distribution Licensee (in whose area of supply the consumer is located) to cater its load requirement;

(s) "Point of Supply" means the point at the outgoing terminals of the cutouts fixed in the premises of the Consumer:

(t) "Rules" means the rules, as may be prescribed, under Section 178 and Section 180 of the Act and the Regulations, as may be specified, under Section 177 of the Act;

(u) "Supplier" means a Generating Company or Licensee, as the case may be, giving supply of electricity to a consumer or a person situated in the area of supply of the other Distribution Licensee by using the distribution system of the other Distribution Licensee in his area of supply, pursuant to a Connection and Use of Distribution System Agreement or giving supply by laying the dedicated Transmission lines;

(v) "Supply Agreement" means the agreement contemplated under Section 49 of the Act;

(a) the Consumer defaults in the payment of any charge or any other sum due from him as provided under Section 56 of the Act;

(b) the Consumer does an act referred to in sub-section (3) of Section 163 of the Act; or

(c) the disconnection is authorized under any other provision of the Act, the rules and Regulations made there under and/ or any other law for the time being in force.

(a) the Supplier defaults in the payment of any charge or any other sum due from him in accordance with the Act, the Regulations and this agreement;

(b) where the Supplier fails to perform any of his obligations under this agreement which is likely to result in a loss to the Distribution Licensees;

(c) where the Supplier becomes insolvent.

(a) The Distribution Licensee and the Consumer; or

(b) The Distribution Licensee and the Supplier under this agreement cannot be bilaterally resolved, it shall be resolved in accordance with the Distribution Open Access Regulations.

(a) its nature and likely duration,

(b) the obligations affected by it and the nature and extent of its effect on those obligations; and

(c) the steps taken to remove, overcome or minimize its effect.

(a) he is a Generating Company or Licensee who is supplying to or intends to supply to an eligible person requiring supply, in accordance with the provisions of the Act and the Distribution Open Access Regulations

(a) he is a consumer or a person requiring supply and whose premises are situated within the area of supply of the Distribution Licensees and who is eligible for open access to the distribution system in accordance with the provisions of the Act and the Distribution Open Access Regulations, 2014 and as amended from time to time; or

(b) he is a Generating Company or Licensee who is supplying to or intends to supply to an eligible consumer or person requiring supply, in accordance with the provisions of the Act and the Distribution Open Access Regulations, 2014 and as amended from time to time.

Part-B

Connection

(a) a consumer; and

(b) a person requiring supply, whose premises are situated within the area of supply of a Distribution Licensee.

(a) Use of the distribution system of the Distribution licensee;

(b) Quality and reliability of supply of electricity through the distribution system of the Distribution licensee; and

(c) Safety of the Distribution Licensee's works and personnel, as may be required of the Consumer in accordance with the Regulations specified under Section 53 of the Act.

(a) study the technical requirements of making connection to the distribution system; and

(b) inspect the premises which is to be connected, with prior intimation to the consumer

(i) consent letter of the transferor for transfer of connection in the name of transferee;

(ii) in the absence of a consent letter, any one of the following documents in respect of the premises:

(a) proof of ownership of premises;

(b) in case of partition, the partition deed;

(c) registered deed; or (d) succession certificate;

(iii) photocopy of licence/clearance with respect to the purpose for which electricity is being supplied to the premises, if required by statute;

(iv) processing fee or receipt thereof.

(a) Every Consumer shall install or have installed a correct meter in accordance with the Regulations made in this behalf by the Authority under Section 55 of the Act:

(i) a consumer with contract as permitted under Regulation 3.1 of MERC (Distribution Open Access) Regulation, 2014 and its amendment from time to time; or

(ii) a person requiring supply, whose premises are situated within the area of supply of the Distribution Licensee, with a contract demand as permitted under Regulation 3.1 of MERC (Distribution Open Access) Regulation, 2014 and its amendment from time to time; or

(iii) a Generating Company or Licensee;

(a) The Consumer may opt to purchase a meter from the Distribution Licensee or from any supplier duly approved by the Distribution Licensee in accordance with specification made in compliance with Central Electricity Authority (Installation and Operation of Meters) Regulation, 2006 and its amendment from time to time :

(b) Except where the Consumer opt to purchase a meter, the Distribution Licensee may require the Consumer to provide security for the price of the meter in accordance with the provisions of clause (b) of sub-section (1) of Section 47 of the Act:

19.3.1 Any complaint to the Distribution licensee regarding a lost meter shall be accompanied by a copy of the First Information Report (FIR) lodged with the concerned police station.

19.3.2 The Connection Point shall be Re-Energised after installation of a new meter, and after payment of the price of the meter, the cost of other apparatus, and any other approved charges of the Distribution Licensee.

19.3.3 Where, upon a complaint by the Consumer or inspection by the Authorised Representative of the Distribution Licensee, the meter is found to be burnt, it shall be replaced and the Connection Point shall be Re-Energised as soon as possible:

19.3.4 Except in the case of a burnt meter or a lost meter, the Distribution Licensee shall not be authorized to recover the cost of the meter more than once during the term of this agreement.

19.4.1 The Distribution Licensee shall be responsible for periodic testing of the meter.

19.4.2 The consumer may, upon payment of the approved testing charges, request the Distribution Licensee to test the accuracy of the meter.

19.4.3 The Distribution Licensee, shall provide a copy of the meter test report to the Consumer within a period of two (2) months from the date of request for testing of the meter by the Consumer.

19.4.4 In the event of the meter being tested and found to be beyond the limits of accuracy prescribed in the Indian Electricity Rules, 1956, till the Regulations are specified by the Authority under Section 55 of the Act, the Distribution Licensee shall refund the testing charges paid by the Consumer and intimate the Supplier of the results of the test to enable adjustment in the bill of the consumer:

Part-C

Use of Distribution System

(a) Use of the distribution system by other users of the Distribution Licensees;

(b) Quality and reliability of supply of electricity to consumers of the Distribution Licensee; and

(c) Safety of the Distribution Licensee's works and personnel, as may be required of the Supplier in accordance with the Regulations specified under Section 53 of the Act.

Annexure III

Format for Short-term : Format-ST1

(Note. - If Captive usage, provide Chartered Accountant Certificate, exhibiting capital structure and compliance with regard to requirements under the Electricity Act, 2003 read with the Electricity Rules, 2005)

(a) All utilities (including buyer, seller and trader) to the transaction shall abide by the provisions of the MERC (Transmission Open Access) Regulations, 2014 and/or MERC (Distribution Open Access) Regulations, 2014 as the case may be and its amendment from time to time.

(b) I hereby authorise SLDC to process said application, in case open access capacity allotted, for day-ahead scheduling in accordance with the provisions of Intra-state ABT.

(c) The applicant hereby agrees to keep SLDC, ____________________ (name of the Distribution Licensee) indemnified at all times and undertakes to indemnify, defend and save SLDC and __________ (name of the Distribution Licensee) from any damages, losses, claims and actions relating all transactions under this approval.

(d) The applicant hereby agrees to ensure that total bid in the Power Exchange and with Traders does not exceed the granted quantity

(e) (Insert in case of Intra-state Trader) M/s             has a valid license (ref. no             issued by and valid upto            ) for Intra-state Trading and will abide by MERC (Trading Licence Conditions) Regulations, 2004 and its amendment from time to time.

(f) (Insert in case of Inter-state Trader) M/s             has a valid license (ref. no             issued by and valid upto             ) for Inter-state Trading and will abide by CERC (Procedure, Terms and Conditions for grant of trading licence and other related matters) Regulations, 2009 and its amendment from time to time.

Signature :

Name and Designation :

(i) Non refundable application fee in the form of ____________

(ii) Self certified copy of PPA/PSA/MoU entered between parties (buyer and seller) of transaction stating contracted power, period of transaction, point (s) of injection and drawal, etc.

Acknowledgement

(for office use only)

Application For Grant of Short-Term Open Access

(A) < to be filled by the customer >

< * In terms of power transfer >

< Registration code shall be as provided by Distribution licensee >

(B) < to be filled by Distribution licensee >

Signature (with stamp)

Name & Designation

Acknowledgement

(to be issued by Distribution licensee to the customer immediately on receipt of application duly filled in)

Application For Grant of Short-Term Open Access

(A) < to be filled by the customer >

< * In terms of power transfer >

<Registration code shall be as provided by Distribution licensee >

(B) < to be filled by Distribution licensee >

Signature (with stamp)

Name & Designation

FORMAT - ST2

Approval For Short-Term Open Access

(to be issued by Distribution licensee)

< 'R-O' states original approval with revision no. - zero >

<* In terms of power transfer >

< * In terms of ownership-State Utility/CPP/IPP/ISGS/Discom/Consumer/specify, if any other >

< Distribution license, if required, may treat interface periphery as its connectivity points >

Signature (with stamp)

Name & Designation

(1) Schedule of payments                      < only in case of approval >

(2) If any

(1) Customer

(2) Officer-in-charge of transmission sub-station involved in transaction.

(3) Officer-in-charge of distribution sub-station involved in transaction.

(4) Any other concerned.

ENCLOSURE to FORMAT - ST2

Schedule of Payments

(to be enclosed for each month by Distribution Licensee alongwith FOMAT-ST2)

< 'R-O' states original approval with revision no. - zero >

<* In terms of power transfer >

Signature (with stamp)

Name & Designation

* Tentative on the basis of MWh mentioned in application which may vary on actual operation.

FORMAT-ST3

Congestion Information and Invitation of Bidding

(to be invited by SLDC)

<* In terms of power transfer >

Signature (with stamp)

Name & Designation

FORMAT - ST4

Bid Proposal

(to be submitted by the customer to SLDC)

<* In terms of power transfer >

< * Bidder shall quote price (rounded-off to whole number) in denotation of floor price >

Signature (with stamp)

Name & Designation

Annexure-IV

Model Application Form for Long Term/medium Term Open Access

(To be submitted by Open Access Applicant)

Dated:

(i) Quantum of power to be transmitted (MW)

(ii) Peak load to be transferred (MW)

(iii) Average load to be transferred (MW)

i. For Power to be injected

ii. For Power to be Drawn

iii. For Balancing and Mismatch power requirement

iv. For Inter-State Transmission Open Access if involved

v. Agreement with traders if any in above transaction.

(i) Name of the Promoter

(ii) Generation Capacity

(iii) Location of the Generation plant

(iv) No. of Units & Capacity of each unit

(v) Type of fuel

(vi) Base load station or peaking load station

(vii) If peaking load, then what is the estimated hours of running

(viii) If it is a hydro plant, then whether is a Run of the river/Reservoir/Multi-purpose/Pump storage MU generation in an year in case of Hydro plant

(ix) Specify the step-up generation Voltage 400kV or 220 kV or any other voltage

(x) In case of Hydro Station, whether it is an identified project of CEA.

1. All utilities (including buyer, seller and trader) to the transaction shall abide by the provisions of the MERC (Transmission Open Access) Regulations, 2014 and/or MERC (Distribution Open Access) Regulation, 2014 as the case may be and its amendment from time to time.

2. The buyer and seller have entered into commercial agreement for the proposed transaction. Payment of the Long Term Open Access charges (if not paid) shall be made by me.

3. The applicant hereby agrees to keep the ............. (name of the Distribution licensee) indemnified at all times and undertakes to indemnify, defend and save the ........... (name of the Distribution licensee) harmless from any and all damages, losses, claims and actions relating to injury to or death of any person or damage to property, demands, suits, recovering costs and expenses, court costs, attorney fees, and all obligations by or to third parties, arising out of or resulting from the transactions under his approval.

4. We shall execute the Long-Term Open Access agreement after receiving the approval from the ............. (name of the Distribution licensee) with in the 30 days failing which ................ (name of the Distribution licensee) has right to cancel the approval without any further notice.

5. (Insert in case of Intra-state Trader) M/s.           has a valid license (ref. No.           issued by and valid up to           ) for Intra-state Trading and will abide by MERC (Trading Licence Conditions) Regulations, 2004 and its amendment from time to time.

6. (Insert in case of Inter-state Trader) M/s.           has a valid license (ref. No.           issued by and valid up to           ) for Inter-state Trading and will abide by CERC (Procedure, Terms and Conditions for grant of trading licence and other related matters) Regulations, 2009 and its amendment from time to time.