Chhattisgarh Electricity Regulatory… Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Regulations
Year	2003
Jurisdiction	State of Chhattisgarh
Ministry	State Government
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	taxation, environment

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Chhattisgarh State Electricity Regulatory Commission ~rrigation Colony, Shanti Nagar, Raipur Raipur, the 4th March-2011 No. 35/CSERC/2011.-ln exercise of powers conferred by section (30), 39 (2)

(d), 40 (c), 42 (2, 3),·86 (l)(c) re~d with Section 181 (1) of the Electricity Act, 2003, the Chhattisgarn State ~lectricity Regulatory Commission hereby makes the following Regulations related to Ir:itr~-State qpen Access in Chhattisgarh. On commencement of these Regulations, the Chhattisgarh Electricity Regulatory Commission (Intra-State Open Acce~s in Chhattisgarh) Regulations, 2005 and amendments notified shall stand repealed.

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1-23 124 CHHATTISGARH STATE ELECTRICITY REGULATORY COMMISSION.

(CONNECTIVITY AND INTRA-STATE OPEN ACCESS) REGULATIONS,2011 .

PART 1 · PRELIMINARY . __ 1. ~· Short Title and Commencement

(1) These _regulations shall · be called the Chhattisgarh State Electricity Regulatory Commission . (Connectivity and . Intra-State 'open Access) : Regulations, 2011.

. .

(2) · These regufations shall come into force from the fi_rst da_y of the calendar -"' month coming after the d~te o~ their publication·in ChhaUisgarh Rajpatra.

· 2. Extent of Application These regulations shall apply to· open access customers for. use of intra State transmission system and/or the ':distribution systems of licensees in the State, including such sy~tem when it is used in conjunction with inter State tran~mission system.

3~ Definitions·

(1) In these regulations, unless the context otherwise requires:

~- '!Act" means the Electricity Act 2003 ·(36 of 2003);

b. "Applicant" means a. gener~ting. station including a captive generating plant, a buik consumer, a captive user, an electricity trader or a distribUtio"n licensee,. in respect of long-term open -~ access or medium-term open access or short-term ·open access, as the case may be;

c. "Allotted Capacity" means the power transfer in MW between the • specified point(s) of injection and point(s) of drawal allowed to a d.

. . ' ' long-term/medium-term open access customer on the intra-State transmission system and the expression "allotment of capacity 11 shall be -construed accordingly;

~'Bulk consumer~' nieans a consumer who avails supply at voltage of 33 KV and above;

I ...

124 ( 1) e. "Bilateral t~ansaction" means a transaction .for exchange of ~nergy (MWh) between a specified buyer and a specified seller, directly or through a trading licensee or discovered at power f.

. . .

exchange through ·anonymous bidding, from a specified point of injection to a specified point of drawl for a fixed or yarying quantum of power (MW) for any time period.

"Central Commission" means the Central Electricity Regula~ory · Commission referred to in Section 76 of the Act "Commission" means the C:hhattisgarh State Electricity Regulatory Commission referred to in sub-section ( 1) of section 82 of th'e Act;

h. "Connectivity"· for a generating station, including a captive generating plant, a bulk consumer, a captive · user, distribution license.e or an transmission licensee mE:ans the state- of getting connected to the intra-State transmission system and/or distribu~ion system;

i. "Day'' means the day starting at oo.oci hours and ending at 24.00 hours;

j. "Detailed procedure" means the procedure approved by the · Commission.

"IEGC" means Indian Electricity Grid Code Specified· by Central Electricity Regulatory Commission ·under Regulation (h) of sub section (1) of s~ction 79 of the A ct, ·and as .amended from time to time;

"Intra-State entity" means a person ~hose metering, scheduling a11d energy accounting is done at the State level;

m. "Intra-State. requester" means a person such as generating company including captive generating plant or a transmission licensee ( excluding Central Transmission . Utility and State Transmission Utility) or0 9istribution licensee or bulk consumer or captive user who is seeking. connecti_on of its new or expanded electrical plant to the State grid at voltage level 3~ K\( arid above;_ n. "Intra-State user" means a person such as a gener_ating company· including captive generating· plant or transmission licensee ( other than CTU and -STU) or distribution licensee· or bulk consumer 124 ( 2) including captive user whose electrical plant is connected to the State grid at voltage level of 33 KV-and above, o. "Interface meters" means meters installed at interface point in accordance with the Centrai Electricity Authority (Installation and Op~ration of Meters) Regulations, 2006, specified by the Central Elect_ricity Authority and amended from time to time;

,-q.

"Inter-connection point "means a sub-station .or. switch yard or any other point. at which the interconnection is established· between · the intra-state requester anc;I Stat~ grid.

"Long-term open access".hleans the right' to use the intra-State transmission system and/or distribution _system for a period . ' ' exceeding 12 years ·.but not exceeding 25 years;· r. "Long.;.term open· access customer" means a person who has been g·ranted long-t~rm open. acc_ess;

s. "Medium-term open access.'' means the right to. use the intra Stc!te transmission system and/or distribution system for a _.period exceeding 1 year but not exceeding 7 years;

t. ·"Medium-term open access customer" means an open access . I customer who has been granted medium-term open acce'ss u. ·"Mont_h" means a calendar month as per the British calendar;

v. "~odal agency"_ means the_ State · Transmission Utility or transmission licensee or SLDC or distribution licensee referred to in table-1 ar:id regulation 12(3) thereof;

w. "Open access customer11 means r1 con~umer permitted to receive sup.ply of electricity from a person other than the distribution ' .

licensee of his area of supply, or ci ge11erating company (induding caplive generating plant) or. a licensee or a captive user who has · availed of or intends to avaih of long.:ter:m ;open access or m_edium _term open access '<:>r short-term open ~ccess, as the c~se may be;

X. ..·Reserve CaP.adty' means th'e( power transfer (in _MW or MU) for b(la~eral transaction and collective tran·saction· all6wed to a short term open access customer on. the intr:a:-State tra_nsmission system , ' and/or distributi~n systen:, depending on availability of. transmission capacity · and/or· capacity . of dis'tribution system and expression "reservation.of capacity" shalf_be construed accordingly;

-I "j 124 (3) y. "Short-term open access" means open access for a period up to one (1) month at one tirne · z. "Short-term open access customer" mear.is an open access .

customer who has been granted short-t~rm open access;

aa. "SLDC" means the State Load Dispa~ch Centre established under subsection (1) of section 31 of the Act;

bb. "State grid". means the intra-State· transmission system owned by the State Transmission Utility, transmission licensee and/or the network of any other person 'who has been grantee;! li~ence by the Commission to establish or operate distribution lines within the State;

cc. "State Grid Code" means the State Grid Code specified by the Commission under Regulation (h) of sub-section (1) of section 86 of the Act;

· dd. "Stranded capacity" means the transmission capacity in the lntra~State transmission system and/or distribution system _which is likely to remain unutilized due to relinquishment of access rights by a long-term open access customer in accordance with regulation

20.

ee. "time block" means 15 mir.iutes time period specified in the Grid Code for the purposes of scheduling and despatch;

(2) Words and expressions used in these regulations and not defi'ned herein.

but defined in the Act or the State Grid Code or any. other regulations specified by the Commission shall, unless the context otherwise requires, have the meanings assigned to them under the Act or the State Grid Code or. other regulations specified by the Commission, as the case may be.

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124 (4 )" Scope

PART. 2 GENERAL PROVISIONS These Regulations, after they come into f~rce, shall be applicable to_ the grant of connectivity to the. State ,grid, use of intr.a-State th.msmission . . .

system and/or distribution system includin·g such system when it is used in conjunction with inter-state -tran~m_ission system for _long-term open • , 0 ., ... ~·· M ,,..

access, medium':'term open access and sh.ort-term open access, . - . -•

Provided that a generating station·, induding captive geoeratLng plant or a . _. (• •••"'$ 'I • ,/" A • • •~. • bulk consumer or a captive,. user· who. i's not corihected fo. State gtfd- · · .. . •· l>I • .. r.. ~. . ·: . .• ... , cannot apply for long-term <>pen -access or· rii'edium-term open access . without applying for connectivity: · ·' ·

Provided further that .a person may apply for connectivity and long-term op.en access or medium-term ope~ access simultaneously.-

5. Eligibility for open access

(1) $ubject to the provisions of these regulatior:is, intra-State. users or an .

. applicant seeking open access for one MW and above shall be. eligible for open access_ to the intra-state transmission system of the STU and/or any other transmission lic~nsee and / or distribution system of distribution · · · licensee.

(2) Such open access shall_ be. ava·itable for use by an open access customer on payment of such charges as may be determined· by the Commission from time to time,

(3) An intra-State user or an applicant having been declared insolvent or bankrupt .(?r having outstanding dues against him of transmission or distribution licensee- or fees .and charges of SLDC shall not be eligible for . .

open .access. The nodal agency shall not grant open access to the intra- State user or applicant, who had defaulted in payment of Unscheduled . . . .

Interchange charges, transmission charges,· wheeling charges, reacqve . .

energy .charges, congestion charges etc-an~ fees and other charges of -SLDC for a period _exceeding one month. from the due ·date of bill.

j . I 124 (5) · ( 4) If the applicant is an electricity trader, it must· submit a copy of valid tr_ading license issued by Central Commission or Commission,· as applicable. . ·

(5) Open access shall · be permissible to the intra-State users having connectivity through a dedicated feeder emanating from a grid sub-station·

(6) . .

of licensee with online data commuhication facilities to _SLDC.

Provided further that the bulk consumers who are not connected through dedicated feeders shall be allowe_d · open access subject to con.ditions tha~ they have on lin~ data communication facilitj~s to SLDC and agree to load . .

restrictions, if any, impose.d by the licensee on the feeders serving· them.

Such generating company or captive generating plant or seller which has· . .

entered into a power purchase agreement for sale of electricity to a:

licensee or consumer shall not, in case of prer :mature ,termination of the agreemenl, be eligible .for using State grid for transmission and wheeling .

of electricity ·for a· period of three years from the date ot ter~ination of such agreement o~ till the scheduled date of expiry of power _purchase agreement .whichever is earlier, •if any order or ruling is found to have been passed by an Appropriate Commis?ion or a compete!1t court against . . .

the ·generating comp.any for material breach of the terms an_d conditions of the. said power purchase agreement.

6.. Provisions· for Existing Entities

The persons asing the intra-state transmission system and / or 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 op_en access to. the transmission and distribution system on · the same terms and conditions, of existing ag_reement / contract.

Criteria for allowing open access

(1) · Before ·awarding long.-term op~n access, the State Transmission Utility ... . '.

. - and /. or dist_ribution licensee shall give due ~E;gard to the augmentation of "' I • i ...

124 ( 6)

(2) . .

ihrlfl,,~ m, ~ 4 'qRf fo11 intra-Sta_te transmission system and / or distribution system proposed under the business plan approved by the Commission.· . .

Medium-term open access shall be granted if the resultant power flow can be acc;on:,modated in the existing intra-state transmission· system and/or distribution ~ystem. ·

Provided that no augmentation shail be carried out to the intra-State transmission system and/or distribution system only for th.e purpose of granting medium-ter!'ll operi access: .

(3) The sh'ort"'."term open access custo·mer shall bE: :eligible for short-term open - .. _ access for the sur:plus capacity available· on the intra-State transmission system and/or distribution system after use by_ the long-term open access customer and the medium-term open access customer, by virtue of-

(a)

(b)

· margins available due to variation. in power flows; arid .. .. . .

Margins available due to in-built spare transmrssion e:apacity and/or _distribution cap~city created to cater to futwre load growth or generation addition.

( 4) ·, · Construction of a dedicated tr_ansniission line ·shall not be c.onstrued as augme1,tation of the transmission system and/or distribution system for· .the purpose-or this regulation.

. · (1) Relative allotment priority . .

A distribution licensee shall have the highest priority in th~ allotment of npF>n rir.r.P.ss r.npar.ity whether in ttie long-term or medium -te.rm or short term open access.

(2) The applicant s~eking long-term open access· shall .~ave priority over the applicant seeking medium-term open access. for use 0f the intra-State • tra,:,smissiori system and/or c;listribution system ·

(3) The_ applicant seeking long-term open access and the medium-term open -· access shall have priority over the short-term open access for use Of the intra-State transmission system and/or distribution system.

"' 124 (7) ( 4) Applications for long-term open access or medium-term open access shall be processed on first-come-first-served basis separately for each of the aforesaid types of access:

(1)

(2)

Provided that applications received for long term open access and medium term open access during a calendar month shall be construed to have arrived. concurrently;

Provided further that while process_ing applications for medium-term open access received du.ring a month, the applicati<?n seeking. open access for a longer duration shall have higher priority;·

Provided also that in the case of applications for long-term open access ..

requiring planning or augmentation of transmission system, such planning or augmentation, as the case may be, shall be considered on 30th of June and 31 st of December in each year in order to develop a coordinated transmission plan, in accordance with the perspective transmission -plans approved by the Corilmissjon.

Interface .Meters • Interface meters (main meter) shall be installed and maintained by the State Transmission Utility or transmission lic;ensee or distribution licensee for and at the cost of the intra-State requ~ster see.king connectivity at STU or transmission licensee or distribution licensee system as the case may be.

Interface meters (main meter) shall be installed and maiotained by the State Transmission Utility or transmission licensee or. distribution ticensee for' and at the cost of the intra-state user connected to STU or transmission licensee or distribution licensee as the case may be.

(3) The check meters having separate metering _equipments shall be installed owned and · maintained by the STU/transmission licensee/distribution licensee as the case may be.

( 4) The intra-state requester or intra-State user or applicant shall provide .

necessary · facilities for. voice and data communication and transfer of online operational data such as voltage, frequency, load _flow, etc. The State Transmission Utility or transmission licensee as the case may .be 124 (.8) ffnlflll<t m, ~ 4 i:rrtf 2011 . .

shall install such infrastructure facilities for and at the cost of the intra State requester or intra-State user or applicant:

(5) The metering at the inter-conne·ction point for main meters and check meters shall be as ABT compatible meters. All matters and arrangements . .

relating to metering shall be governed by CEA (Installation a_nd Operation of meter), Regul~tion, 2006 and ·as· per the prov·isions · of Chhattisgarh State Grid Code, 2007, as amended time to tim~. The interface meters for m€asur~ng _the· quantum of ~nergy _ir:,jected into, the grid by generator or captive generating plant shall_ be· installed at the grid sub-station of licensee. For bulk consumet.s availing power through open· 'access, the interface meter for measurement of ·energy drawal shall be installed in consumers premises.

(6) The main and check meters shall always be mafntaineci' in good condition l c1nd periodical_ly tested and calibrated by the concerned licensee i~ the presence o·f the open access customer. The meters shall be sealed iii the presence of both parties-. Defective meters shall be replaced immediately.

(7) Reading of the main and check meters shall be taken periodically, on appo.inted date and hour, by an officer· of · the concerned licensee authorized for the purpose, and the open access customer or his . represei:,tative, as the case may be. Meter reading shall be communicated to the nod91 agency and the open access customer, as the case may be,.

by the licensee, within 24 hours of such reading.

(8) If i~ any month. the readings of main arid check meter differ~ from the reading of corresponding check meter beyond permissible accuracy lir:nit, 4 • • • as prescribed, the main and check meters shall· be tested in turn and ..

errors at various levels as per standard procedure would pe determined and billing shall be done accordingly.

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(9) When main meter is found to be defective or has stopp~d~ reading of the · ch.eek meter shall be considered for billing purpose subject to condition . .

that the checR meter has been found working properly.

(10) In case of outage of both the main and che-ck meters, if any energy -is interchanged in the 1ntervening period the assessment has to be done on the basis of reading recorded in generator's sending end meter if found ..

wcih-1•1~ m, ~ 4 "1-lf<f 2011 124 ( 9) working properly by considering average of previous 3 months percE;ntage iine loss when both interface meter and generators meter were found working properly.

(11) In case of· outag~ of both the main meters and check meters so also generator's sending end meters, the energy injected into the State grid may be assessed on the basis of average of previous three months energy loss calculated of the respective _sub-station of licensee when main/check meters were working properly.

(12) In ·case the meter installed in the premises of bulk. consumer who is availing open access become? defective, the assessment of energy drawl is to be done as per the provisions specified for consumers iri Chhattisgarh State Electricity Supply Code as amended from time to time.

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124 (10) PART3 CONNECTIVITY

10. Gra.nt of co·nnectivi~y

(1) . The voltage level for injection o(power by a g~neratin·g station/captive ,,,_.· generating plant to the· intra-state tran~rrfrssion syste~ and distributfon system with reference to quantum of injected power shall be as specified · in the State Grid Code .. ·

(2) The _voltage ~evel for drawl of power by a consumer fr:om the jntra-state transmis,sion system and distribution system (i.e. sum of quantum· of open_' access power and contract demand with licensee· shall b.e as specified in the_ Supply Code.

(3) Application procedure for Connectivity

(i) Connectivity to STU system a. The Application shall be accompanied by a non-refundable fee specified in Table-1 of these regulations.

b. · The application for c~nnectivity shall be· submitted to nod~I agericy' in prescribE:d format which shall co_ntain details sue::h as, proposed geographical location· of the_· !ntra-State requester, quantum of maximum power to oe interchan_ged, that is the qu_antum of maximum power to be injected and quantum of maximum power to · be drawn with the. intra-State transmissior:1 system and such other . .

. details as may be laid 'down in the det~il procedur'e;

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c;_ Provided that in cases where once an application has bee~ filed and therealter there has been· any material change 1n the locatiori uf lhe . . (.

intra-State requester o~ change in the quantum of maximum power . . . .

to be interchanged with the intra-State· transmission system, the intra·--state .requester shall have to make a fresh application, which . _.,. . . ~ . . . . . .

sha_ll'be considered.in accordance witt) these regu.lations .

d. On .re'ceipt of the application, the _r.iodal agency, in consultation and • . !., • through ·coordination with other agencies involved: .. in bilateral transaction, -shall_ process the application and_ carry out the necessary · interco.nnection study as specifi_ed ~n 'th·e Central Electricity Authority 0'ffifPI~ ~, ~ 4 i:iy.f 2011 124 (11) (Technical Standards for Connectivity to the Grid) Regulations, 2007 or as amended from time to time .

. e. When a generating station including captive generating plant or licensee is an intra-State requester the interconnection point shall_ be the substation of the licensee and the cost of interconnection shall be borne by the intra-State requester ( other than· State distribution licensee). While granting connectivity, the nodal agency shall specify the name of the sub-station or pooling station. or switchyard where connectivity is to be granted. The nodal agency shall intimate the· timeframe for completion of the dedicated transmission line, tf it is to be executed by licensee. Jn case the line work is to be executed by intra state requester the broad design features of the dedicated trnnsmission line and other technical specifications can be provided by nodal agency on payment of necessary charge$·.

f. The intra-State requester and the State Transmission Utility shalr comply with the provisions of Central Electricity Authority (Technical Standards for Connectivity to the Grid) Regulations, 2007 or as amended from time to time.

g. Eve·ry connection of the intra-state requester system to the State Transmission Utility system shall be covered by a connection agreement between the intra-State r.equester and State Transmission.

UUity. The intra-state requester granted connectivity will b_e required to sign "Connection Agreement" with STU prior to the physical inter-connection

(ii) Conr:ectivity to system of intra-state transmission licensee (other than STU) a. Tr-.'.:; Regulation 3(ii) shall be.applicable if the power is proposed to be inycted ar:id/or drawn from intra-state transmission licensee ( other th,~n STU) system and if there is no involvement- ·of STU system in pr, ;:)Osed transaction. The procedure specified in Regulation (3)(i) - ab,we shall, mutatis mutandis, apply to cases of intra-State requester SE-:cking connectivity to intra..:State licensees system ( other than STU) Hc-•Never, every co.nnection of the intra-state requester system to the . int.7a-State transmission system ( other than STU) shall be cov~red by · 1'24 (12) ffah-ii1~ m, ~ 4 ~ 2011 a connection agreement· between the intq3-State requester and transmission licensee and the -State transmission 1,1tility (tri-partie agreement):

(iii) Connectivity to distribution licensee a. The procedure _specified in Regulation- (3)(i) above shall, mutatis mutandis, apply to cases of intra-State requester seeking connectivity to distribution licensees system.

b. Every · connection of .the intrc1-state requester ·system to the distribution licer:-isees · system shall oe covered by a connection .

agreement between the intra-State · requester and .distribution licensee.

( 4) The ·grant of connectivity shall not entitle an intra-State requester to interchange any power with the grid · unless it obtains long-term open access,• medium-term open access or short-term open access.

(5) A generating station, including captive· generating plant which has been granted connectivity. to the .State grid shall be allowed. to undertake ,(6) . . .

testing including full load testing by injecting it~ infirm power into the grid·· before being put into commercial operati_on, even before availing any type of open access, after obtaining permission of. the State Load Despatch Centre, which -shall keep grid security in view while granting· such . ' ·permission. The charges for testing and tariff of this infirm power from a generating station or its unit thereof,_ shall be as determined by the Commi:,sion from time to time. Before injecting infirm power, the generating stcition inc::llirling · captive generating plant, shall have agreement wi.th· distribution licensee to· supply infirm power otherwise it may riot entitled for payment ot such 1nf1rni power.

The intra-State .user already. -connected to State: _grid or for which conn·ectivity is already grante~ under the p_resent arrangement, shall not ' ' .

be required to apply for connec::tivity_ for the same capacity. However, in .case· of extensiqri -of capacity of,generator including captive generating plant or increase_ -iri power requirement of _bulk consumer, including captive user it shall be required to make fresh application for .modification iri conr1ectivity arrangement as per the provisions of. Regulations· and.

3-dh-Pi~ m, ~ 4 l-lT"f 2011 124 ( 13) detail procedure and shall be treated as an· intra-State requester. The existing intra-State user shall however be required to execute a connection· agreement with the licensee.

(7) An intra-state r"equester will have option to construct dedicated line upto the inter-connection point to enable connectivity to the grid.

s No 1

3 If an intra-State user is a generating station or captive generating plant it can operate and maintain its ded_icated transmission line.

~ Table-1 Connectivity Licensees Nodal Applicant Max. Quantum of Power Applicati Time frame for processing of system where agency to be injected / offtaken on fee application and execution of Connectivity into/ from intra-state (Rs'in work required transmission system lakhs) and / or distribution system ST\J STU Generating 1 MW and above and up 2 1. Informing feasibility after company to 50 MW receipt of the application-30 or captive More than 50 MW and . working days.

generating up to 250 MW 4 2.Issue of demand note 9f . plant estimate charges after issue More than 250 MW and 6 of notice of feasibility -60 up to 1000 MW working days ie Maximum · 90 working days for processing application from date of receipt of complete More than 1000 MW 9 application . · -3. Time frame for execution - of connectivity shall be as specified in supply code for EHT connectic;>n Bulk 1 MW and above and up 2 Consumer,. to 50 MW As above captive More than 50 MW 4 user Licensees To be specified in detc;iil.ed procedure Generating 1 MW and above and up 2 company to 50 MW or captive More than 50 MW and 4 Same as tor STU generating u_p to 250 MW Transmission Transmis plant Moi:e than 250 MW 6 ..

licensee other sion Bulk than STU lice.n_see 1 MW and_ above and up· 2 Consumer; to 50 MW Same as for STU capti"'.e More than 50 MW 4 user Licensees To be specified in detailed procedure Generating company As per the provision in supply or captive _15 MW and below 2 code for HT connection Distribution Distribu generating licensee - . tion plant licensee Bulk Consumer, 1 MW to 9 MW 2 As per the provision in supply captive code for HT connection . user 124 (14).

Part-4 Procedure for availing open access

11.: Categories of Open Access Customer Tne procedure for application, application fee payable and the time frame_ for processing request of applicant seeking open access shall be based on· the following criteria:

(1) Inter-se lqcation of drawl and injection p_'oints:

(i) Int_er-se location·. of injection and drawl point is at State Transmission System (STU) system

(ii) Inter-se location of injection and drawl point is at intra-state transmission licensee ( other than STU) network and there is no .. ' involvement of STU netw_ork for conveyance of elecfFicity.

(iii) lnter-se location of injection and drawl point is at STU network :and intra-state transmission licensee ( other than STU) network or vice versa, i.e. network of both licensees are· used .for conveyance of electricity.

(iv)

(v)

(vi).

Inter-se location of injection and · drawl point is at intra-state transmission system (STU/transmission licer:see) and distribution licensees system respectively.

Inter-se location of injection and drawl point is at distribution - licensees system and intra-state transmission system ·(STU· / · transmission licensee) respectively:

Inter -:se ·1ocatlon of inJection and drawl point is 'at same distribution . ' licensee system and there _ is no involvement of intra-state transmission system for conveyance of electricity.

- (vii). · Ihter-se location ·of injection and. <;lrawl point is at same distribution .' I licensee · system and there is involyement of intra-state trans~ission sYstem for. conveya_nce of electric,ity.

(viii)· ·; .

Inter-se location of injection and drawl point is within the same ' . . . . ..

State but in areas of different distribution licensees.'

-· 124 ( 15)

(ix) Inter-se location of injection and drawl point is in different State (inter-State o_pen access).

(2) . Duration of Open Access

(i) Long term open access

(ii) Medium-term open access

(iii) Short-term open access

12. Application procedure for Open Access

(1). All applications for long-term open access, medium-term open access and short-term open access shall be made in the prescribed form as approved in the detailed procedure and submitted to the Nodal agency in accordance with these regulations.

(2) All applicants seeking open access shall submit an undertaking or declaration of not having entered into. PPA or any other bilateral agreement for the capacity ( quantum of power) for which operi access is sought.

Provided further that in case where bilateral agreement exists betw·een applicants and the licensee· or buyer or seller as· the case may be, for the proposed capacity for open access, "no objection" may be obtained by the applicant from the concerned licensee, buyer or seller as the case may be for the period of open access sought. The applicant shall submit such no objection certificate to the· nodaJ -agency while submitting application for · open access.

(3) The N_odal agency, Appliciiltion fee, Documents to accompany the application and time frame for disposal of application shall be· as specified in the following tables :

i24 ( 16) Table-2 Long-term open· access S:. Inter-se location of Nodal Application ..

Docllments to Time frame for disposal No drawal and injection agency fee (Rs. in accompany the of application (days from point . . lakhs) application the receipt of application) 1 Both in the networ-k of STU 2 Proof of payment of 90 working days . · STU Application fee, Bank Disposa~ of application Guarantee, P~A or Sale- shall mean sanction of · purchase ag~eement of LTOA.

power, In case of ..

generating station or consumer not already connected to grid, .

documentary evidence for. completion of. the connectivity showing that . - ..

the same shall be completed before intending date of L TOA.

' Declaration-that there is no existing agreement - for the capacity{quantum of power) for which open . access is sought Both in the network of Concerned . 2 As above As above 2 intra-state transmiss1on Transmissio I licensee network (other n licerisee , than STU) and there is no involvement of STU network for conveyance of electricity.

3 The injection and drawl STU . 4 As above. Additional 90working days point is located at STU requirement of consent network and intra-state of transmission .licensee transmission licensee (other than STU} network or vice versa.

4 The injection and drawl STU 4 Same as above. -dopoint is at intra-state Additional requirement of transmission system and consent of distribution distribution licensees licensee system respectively .

5 The injection an.ct drawl STU 4 Same as above. -dopoint is at distribution .. Additlonal requirement of licensees system and· consent of distribution intra-state transmission licensee Sys~em respectively.

, 6 Both within the same _Concerned_ 2 As above -do-· Di::;tribution licensee an:d Distributinn .

.there is no involvement Licensee of state transmission network Both within the same STU 4 Same as above. As above 7 Distribution licensee but Additional requirement of . there is involvement of consent of distribution .

state transmission licensee network in conveyance of ' electricity 8 Both within the same STU 4 Same as above. As above State but different . Additional requirement of Distribution Licensees consent of distribution licensee ..

• I- • 124 (17) Table-2 Long-term open access S.· Inter-se location of. Nodal ~pplication Documents to Time frame for disposal No drawal and injection agency fee (Rs. in accompany the of application (days from point lakhs) application the receipt of application) 9· In different States CTU As per Proof of payment of As per Central (inter-State open access) Central Application fee, PPA or Commission·s·Regulation.

Commission's Sale-purchase Regulation agreement of power, In case of generating station not already . connected to grid, documentary evidence for completion of the connectivity showing that the same shall be completed before .

. intending date of LTOA, Consent from concerned . SLDCs and Distribution licensees as applicable.

Oedaration that there is no existing agreement for the capacity for which open access is sought.

Other documents as specified by Central .

Commission.

Note: The application fee for consent from transmission licensee / distribution Ucensee ~hall be Rs 2 lakhs Table-3 Medium~term. open access s. lnter-se location of Nodal agency Application Documents to Time frame for disposal of No drawal and.injection point fee (Rs. In accompany the application (days from the lakhs) application receipt of application) 1 Both in the network of . 'STU 1 Proof of payment of 30 working days STU . Application fee, Bank Guarantee, PPA or Sale-· purchase agreement of po·wer, In case of C generating station or consu.mer ·not already.

connected to grid, documentary evidence for completion of the connectivity. showing that the same shall be .

completed before intending date of MTOA.

Declaration that there is no existing agreement . for the capacity for .

which open access is sought 2 Both in the network of Concerned 1 As above .. As above intra-state transmission Transmission licensee (other than STU) licensee ' network and there is no .

involvement of STU network for conveyance .

of electricity.

l .... • - -- 124 (18).

Table-3 Medium-term open access s. Inter-se location of Nodal agency Application Documents to Time frame for disposal of No drawal and injection point fee (Rs. In accompany the application (days from the lakhs) aj:)plic~tion receipt of application) 3 The injection and drawl STU 2 As above .Additional 40 working .days point is located at STU requirement of consent network and intra-state of transmission iicensee.

transmission licensee ..

(other than STU) network or vice versa .

. The injection and drawl - STU. 2 Same as above. 30 wo'.king days.

4 point is at intra-state Additional requirement transmission system and . of consent of distribution distribution licensees licensee system respectively .

The injection and drawl STU 2 . Same as abo,;,e. 30 working days.

5. point is at distribution Additional requirement· licensees system and of consent of distribution intra-state transmission licen?ee system respectively~ 6 Both within the same Concerned 1 . As above 30 working days. · Distribution licensee and Distribution there is ·no involvement of Licensee state transmission network .

·7 Both within the same STU. 2 Same as above. 30 working days.

Distribution licensee but Additional requirement there is involvement. of of consent of distribution state transmission licen~ee \.

network in conveyance of ·.

electricity ff Both within the same STU' 2 Saine as above. 30 working days ..

State but different .Additional requirement Distribution Licensees of consent of both •, distribution licensee·s.

9 In different States CTU As per Proof of payment of As per Central i.e: inter State Centra.l Application fee, PPA or Commission's Regulation Commission Sale-purchase Regulation. agreement of power, In .

., case of generating -station not already ..

connected to grid, .

documentary evidence for compietion of the .

connectivity showing that the same shall be completed befure intending date of MTO~, Consent from concerned .

~LDCs and Distribution . . . licensees as applicable~ .. Declaration that there is .. - . no existing agreement . ' ..

\ .. .,forthe capacity for ..

which operi access is , .

.. /', .. . ,•;_. soug~t; · Other . . .

' ._;; - documents as specified .. . : . . · by Centri'I_Co~mission. · . .

Note:

~·· , !' ~,:'l:;.:

T:h~ ~ppUcation :fee .. for consent fro_irl,transmis~~o~·nc~~see ·l.

distribution.'licensee shall be Rs 1 lakhs . .. ·... · · · · . . -. . . . . . ' . . .

,· ,;,··. .· ... ::-. .

i.:'i'iJi:::ki;i ,· .. ~·!-~':-~· .. , wdh-1 11~ m, ~ 4 lTT:d 2011 124 ( 19) Table-4 Short-term open access s. Inter-se location of Nodal Application Documents to Time frame for disposal No. drawal and injection agency fee (Rs.) accompany the of application (days point application from the receipt of application) 1 Both in the network of SLDC 2500 Proof of payment of 10 working.days in STU Application fee. case STOA applied for Declaration that there first time.

. . is no existing 7 working days on agreement for the subsequent STOA - capacity for which applications.

open access is sought .

2 working days for . informing deficiency or defect in application.· 2· Both in the network of Concerned 2500 As above• As above intra-state Transmissi transmission licensee on licensee (other than STU) network and there is no involvement of STU network for conveyance of electricity.

3 The injection and SLDC 5000 As above. Addition.al As above drawl point is located requirement of at STU network and consent of intra-state transmission licensee transmission licensee (other than STU) network or vice versa 4 The injection and SLDC 5000 · Same as above. As above drawl point is at Additional intra-state requirement of transmission system consentof · and distribution distribution licensee • licensees system respectivefy 5 The injection and SLDC 5000 Same as above. As above drawl point is at Additi9nal distribution licensees requirement of syste_m and intra- consent of state transmission distribution· licensee system respectively.

6 Both within the same Concerned 2500 As abo'(e As above Distribution licensee Distributio and there is no n Licensee involvement of state· transmission network 7 Both within the same SLDc; 5000 Same as above. As'above Distribution licensee Additional but there ls requirement o_f .

involvement of state -consent of ·· transmission network distribution licensee 8 Both within the same SLDC 5000 Same as above. As above State but different Additional Distribution Licensees requirement of co sent of distribution licensee 9 In different States RLDC of As per Consent from As per Central t~e region Central concerned SLDCs and Commission's where Commission' Distribution licensees Regulation consumer s Regulation as. applicable, Proof .

· is locates:! of payment .of Appt~ation fee, .

Declaration that 124 (20) - Table-4 " - Short-tern, open access -·- - S .. Jnter-se location· of Nodal Application Documents to Time frame for disposa1 No. drawal and lnj~on agency fee (Rs.)· accompany the of application (days point ·application from_ the receipt application) - - there i.s no existing . agreement for the .

capacity for ·which open access is - sought. Other documents as ,· specified· by Central Commission.

Note: The application fee for consent from transmission licensee / distribution licensee shall be Rs 2500.

13. Conse~t of STU/ SLDC /transmission licensee (other than STU)/ Distribution Licensee

(1) ~nter-State open. access : STU in the case of application for grant of ' long-term ·open access and SLDC in the case of 9rant of medium-term open access and short-term open access shall convey ifs consent or otherwise · as per· the prqvisions · of Central Electricity Regulatory.

C~mmission (Grant of Connectivity, Long~term Access anti· Medium-term of Open ·Access ·in inter-State Transmission and related matters) Regulations, • 2009 and Central Electricity Regulatory Comtnis~ion (Open Access in inter- State Transmission) Regulations, 2008, respectively or their statutory re-· enactments, as amended from time to time.

Provided that in respect of a generating statio.n or consumer connected to a transmission licensee (other than STU) /distribution lke_nsee and intending to seek open access, the STU/SLDC before giving its consent to the CTU/RLDC as required under the. Central Commission's n~gulations, . ~ . . . . . .

shall require the. generating company or con.sumer to submit the consent· of the distribution licensee concerned.

(2) . Intra-State Open Ac~ess: · .

(D Where the proposed bilateral transaction involves a transmission lit_ensee (other than STU) or distributior:, licensee, concurrence· of the transmiss!on licensee. or distributi<;>n licensee as the case may ~e shall be obtained in advance by the applicant and be submitted along with the application to.the nodal agency. However, for short- 124 (21) ' term open access, the concurrence of the licensee shall be required only for first time. For subsequent short-term- open access in _continuation the applicar:it shall fi_le application directly to the nodal agency. ~n case of break in continuation, the concurrence of licensee shall be again required.

(ii) In case ·tne· licensee finds that the application for consent is incomplete or defective in any respect,. ·it shall communicate. the deficiency or defect to the ap13licant by_ e-mail or fax or by any other usually recognized mode of communication; within following time frame from days of receipt of the application:

• Long-term open access-7 working days • Medium-term open access.:.7 working days • Short-term open access-2 working _days

(iii)' While processing the application for medium~term and short-term open a~cess the licensee shall· ensure that the applicant . fuUills eligibility criteria specified in Regulation 5 a·nd on being satisfied that t_he requirement~ specified under Regulatio~ 7(2) or Regulation 7(3) as the case may be are fulfilled, the licensee shall verify the· following, - . a) b) Existence of infrastructure necessary for · time-block-wise . ' ' energy metering, accol.lnting and data communication facility in accordanc.e with. the provisions of the State Grid Code in force, and Availability of capacity _in the licensees network ..

(iv) On being satisfied that all conditions are fulfilled, the licensee shall convex its consen~ to the applicant by e-mail or fax or by any other usually recognized mode of communication, within following time frame from day'of receipt of the application.

• • • Long-term open_ acces~-30 working days Medium-term open access-30 working days $hort-term open access-10 working days ----:-•~-::~-____ ,.~-· I.

(v) In case the application has been found to be ih order but the.

licensee refuses to give consent on the grounds of non-fulfillment of eligibility criteria or non-~xistence· of necessary infrastructure or · unavailability of surplus capadty in- -the licensees network, such refusal shall be communicated to the applicant by e-mail or fax or .

by any other usual_ly recognized mode of communication, within the following time from the date of receip_t of the application, along with reasons for such re"fu,sal:

" • Long-term open acc!;!SS-30 working .days ■ Medium-term open access-30 working days ■ · Short-term open a·ccess-10 working days. · -

(vi) Where the licensee has not communicated any deficiency o_r defect in the application. within time period referred in· Regulation · (ii) above from the date of receipt of application, or refusal or consent . within the specified period as mer:tioned ih Regulation (iv) and (v) above f._rom the date of receipt of the application consent shall be '. .

cjeemed to have been granted.

· (vii) Provided further tha't where concurrence or 'no objection' or prior stanctirig clearanc;:e,. as the case may b_e; is deemed to have bee'n granted by the concerned licensee,. the applicant while .making .

·application shall submit to· the nodaJ age_ncy an affidavit. (i~ the format provided . in the detailed procedure), duly notarized, declaring that - a) The licensee has fajled to convey any deficiency or defect in thP. ~nnlication or· its refusal or cnncurrence or 'no objection' or prior: standing clearance, as the case may be, within the specified time,· b) A.'pplicant fulfills eligibility . criteria and necessary infrastructure for time-block-wise · energy metering and . / \ . .

accounting, data communication etc-in accordance with the . . .

provisions of the Grid Code in force, is av9ilabl~ in place. The • followi~g document shaJi.· be submitted by .the applicant with affidavit - . ; ) _:;__:.,,.

...

gfih-i'I~ m, ~ 4 ~ 2011 124 (23) ■ A copy of the complete application after removal of deficiency or rectification of defects, if any communicated, made to the transmission licensee / distribution licensee for seeking concurrence or 'no objection' or prior standing clearance, as the case may be, 0 0 A copy of the acknowledgement, if any, by transmission licensee/distribution licensee, or any other evidence in support of delivery of the application to the transmission licensee/distribution licensee and An undertaking that there is no bilateral agreement with any licensee, buyer or seller for the proposed quantum of power for bilateral transaction.

124 (24)

PART 5 Procedure to avail long-term open access

14. Application for long-term open access

(1) The application for grant of long-term open access shall contain details such as name of the entity or entities to whom electricity is proposed to be supplied or from whom electricity is proposed to be procured along with the quantum of power and such other details as may specified by the Commission in detailed procedure.

Provided that in the case where augmentation of transmission system and/or distribution system is required for granting open access, if the quantum of power has not been firmed up in respect of the person to whom electricity is to be supplied or the source from which electricity is to be procured, the applicant shall indicate the quantum of power along with name of the area in which this electricity is proposed to be interchanged (buy or sell as the case may be) using the intra-State transmission system and/or distribution system;

Provided further that in case augmentation of intra-State transmission system and/or distribution system is required, the applicant shall have to bear the transmission charges and/or wheeling charges and other applicable charges for the same as per these regulations, even if the source of supply or off-take is not identified;

Provided also that the exact source of supply or destination of off-take, as the case may be, shall have to be firmed up and accordingly notified to the nodal agency at least 3 years prior to the intended date of availing long-term open access, or such time r>Priod estimated by Stote Transmission Utility and/or distribution licensee for augmentation of the transmission system and/or distribution system, whichever is lesser, to facilitate such augmentation. The applicant shall submit an undertaking stating that they have a valid contract with seller/ buyer as the case may be with a copy of the contract.

Provided also that in cases where there is any material change in location of the applicant or change in the quantum of power to be interchanged (injection or drawl as the case may be) using the intra-State transmission mihP1~ m, ~ 4 llRf 2011 124 (25) system and/or distribution system or change in the area from which electricity is to be procured or to when supplied, a fresh application shall be made, which shall be considered in accordance with these regulations.

(2) The applicant shall submit any other information sought by the nodal agency including the basis for assessment of power to be interchanged (injection or drawl as the case may be ) using the intra-State transmission system and/or distribution system and power to be transmitted to or from various entities or regions to enable the nodal agency to plan the intra- . State transmission system and/or distribution system in a holistic manner.

(3) The application shall be accompanied by a bank guarantee of Rs 10,000/ (ten thousand) per MW of the total power to be transmitted. The bank guarantee shall be in favour of the nodal agency, in the manner laid down under the detailed procedure.

(4) The bank guarantee of Rs. 10,000 /- (ten thousand) per MW shall be kept valid and subsisting till the execution of the long-term open access agreement, in the case when augmentation of transmission system and/or drstribution system is required, and till operationalization of long-term open access when augmentation of transmission system and/or distribution system is not required.

(5) The bank guarantee may be encashed by the nodal agency, if the application is withdrawn by the applicant or the long-term open access rights are relinquished prior to the operationalization of such rights when augmentation of transmission system is not required.

(6) The aforesaid bank guarantee will stand discharged with the submission of bank guarantee required to be given by the applicant to the State Transmission Utility and/or distribution licensee as the case may be during construction phase when augmentation of transmission system and/or distribution system is required, in accordance with the provisions in the detailed procedure.

15. System Studies by the Nodal Agency

(1) On receipt of the application, the nodal agency shall, in consultation and through coordination with other agencies involved in bilateral transaction, 124 (26) 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 timeframe specified in regulation

Provided that in case the nodal agency faces any difficulty in the process of consultation or coordination, it may approach the Commission for appropriate directions.

(2) Based on the system studies, the nodal agency shall specify the intra State transmission system and/or distribution system that would be required to give long-term open access. In case augmentation to the existing intra-State transmission system and/or distribution system is required, the same will be intimated to the applicant.

16. Communication of estimated open access charges, etc. to the applicant While granting long-term open access, the· nodal • agency shall communicate to the applicant, the probable date from which long-term open access can be granted and an estimate of the applicable charges (in ' kind and in cash) likely to be payable based on the prevailing rate, as specified by the Commission.

17. Execution of Long'.'"term ()pen Access Agreement

(1) The applicant shall sign an agreement for long-term open access with the:

,. . (a,) State Transmission Utility in case long-term open access is granted by the State Transmission Utility for open a·ccess mentioned in S No 1 of table-2 of these regulations, in accordance with the provision as J specified in the detailed procedure.

(b) ·'·'· lnt.ra:..~t~_te transn11siion ·1icehsee '(other than STU) in 'case long_;term .. ·· · ':;: · op.en\a~c~ss·i~ grat,ted hy infra:..state transmission 'licensee (other •' .- ., ·.' ... ; .,.. -'· .. • ~ ,·· ·, • I' . ·• - , '_ . --~. ' ... .' • ~ . • ' • ; • • • ' . • . . . ,.

,i:.·· ''.' - ··· th~n 5TU)',Jor· open· access 'mentioned· in .S No 2 of table.,-2. of these ' .. : . ' .. ;') ·:::,-e'~dlatio'J~~-/ it;i,:·accordince . V\lith·,.·the prpvision., as. specified', in the ' · .. ··. ·c1et~ne~/~r6~~c1~re . ··.

,· .:' -.' :: .. ,:_,. ~ .:. ~)- .: .:;{J ·_;··.-; -.~ -. '. : :

. . . . ., ' ::··(c} ···,· ,At:trip~IT.ie,:ag,reem_ent Jor .Jqng-t~rm .. open.·. access w_ith the State - ' ' ~ . ···.:·, .~- . , . ' .. -.. . .: ' •, ; - . . . ~~ .. ~.,.,_~.:. :, . . . .' . ' ' . , ·,: •·\ ; .' .. _ . . . . - , Transmission .:.tJtility;,and. intra:itate: .. transmission. licensee in case . ,· . . .. : .. , ,. . .•. . ·.. ~~ '-· : ,' -·- .. . . . ..

,;,,-· .. - . -

(2) 124 ( 27) long-term open access is granted by the STU for open access mentioned in S No 3 of table-2 of these regulations.

( d) A tripartie agreement for long-term open access with the State Transmission utility and distribution licensee in case long-term transmission and distribution open access is granted by the STU for open access mentioned in S No 4 of table-2 of these regulations

(e) A tripartie agreement for long-term open access with the State Transmission utility and distribution licensee in case long-term transmission and distribution open access is granted by the STU for open access mentioned in S No 5 of table-2 of these regulations.

(f) Distribution licensee in case long-term open access is granted by the distribution licensee for open access mentioned in S No 6 of table-2 of these regulations.

(g) A tripartie agreement for long-term open access with the State Transmission utility and distribution licensee in case long-term transmission and distribution open access is granted by the STU for open access mentioned in S No 7 of table-2 of these regulations.

(h) A quadra partie agreement for long-term open access with the State Transmission utility and both the distribution licensees in case long term open access is granted ·by the STU for open access mentioned in S No 8 of table-2 of these regulations.

(i). Agreement for long-term inter-state open access S No 9 of table-2 of these regulations shall be the as per the provisions specified by Central Commission.

The long-term open access agreement shall contain the date of commencement of long-t~rm open access, the point' of injection of power . into the State grid_ and point o( dra~I from the State grid and the details ' - . . . . " . .

of dedicated transm,i$Sio~ lin~s. required, if any. In case augmentation of transmission system and/or distribution system is required, the long-term -, .

. . open a.ccess agreement shall contain the time period for construction of the facilities for the applicant by -•·• the transmission· licensee and/or , .· . ..... .

- distributio·n licensee, the~ bank' guarantee -required, to be given by the applicant and other details in accordance with the detailed procedure.

124 (28) g-tih-ll Id m, ~ 4 ~ 2011

18. Information to SLDC Immediately after grant of long-term open access, the nodal .agency shall inform the SLDC so that they can consider the same while processing the requests for grant of future short-term open access, received under these Regulations.

19. Renewal of term for long-term open access On the expiry of the period of long-term open access, the long-term open access shall stand extended on a written request provided by the long term open access customer in this regard to the nodal agency mentioning the period for extension that is required:

Provided that such a written request shall be submitted by the long term open access customer to the nodal agency at least six months prior to the date of expiry of the long-term open access;

Provided further that in case no written request is received from the long term open access customer within the time period specified above, the said long-term open access shall stand withdrawn after completion of open access period so granted.

20. Relinquishment of open access rights

(1) A long'"term open access customer may relinquish the long-term open access rights fully or partly before the e_xpiry of the full term of long-term open access, by making payment of compensation for stranded capacity as follows: -

(a) Long-term open access customer who has availed open access rights for at least 12 years ; ! .

(i) Notice of minimum -one (1) year ,... ff such __ a customer submits ,an application to the nodal agency at least 1 (one)

(ii) ., <' -1- , , year pripr to the date 1fcom "wh_ich .such customer desires to ., relinquish the access rights, there .$hall be. no charge_s~ . '., ~ ' .

Not'ice 'of less than ;one- {l:) year ' - If such a customer submits 'an application to the nodal agency' at any time lesser " t,,; ,, , "' ,, ' " . '' ' ' tnari a period of 1 (orie')year -p'rior·to the date from which .,;

124 ( 29) such customer desires to relinquish the access rights, such customer shall pay an amount equal to 66% of the estimated transmission charges (net present value) and/or wheeling charges (net present value) for the stranded capacity for the period falling short of a notice period of one (1) year.

(b) Long-term open access customer who has not availed open access rights for at least 12(twelve ) years - such customer shall pay an amount equal to 66% of the estimated transmission charges (net present value) and/or wheeling charges for the stranded capacity for the period falling short of twelve years of access rights:

Provided that such a customer shall submit an application to the nodal agency at least 1 ( one) year prior to the date from which such customer desires to relinquish the access rights;

Provided further that in case a customer submits an application for relinquishment of long-term open access rights at any time at a notice period of less than one year, then such customer shall pay an amount equal to 66% of ,the estimated transmission charges (net present value) and/or wheeling charges for the period falling short of a notice period of one (1) year, in addition to 66% of the estimated transmission charges (net present value) and/or wheeling charges (net present value) for the stranded capacity for the period falling short of 12(twelve) years of open access rights.

(2) The discount rate that shall be applicable for computing the net present value as referred to in sub-Regulation (a) and (b) of Regulation (1) above shall be the discount rate to be used for bid evaluation in the Central Commission's Notification issued from time to time in accordance with the Guidelines for Determination of Tariff by Bidding Process for Procurement of Power by Distribution Licensees issued by the Ministry of Power.

(3) The compensation paid by the long-term open access customer for the stranded capacity shall be used for reducing transmission charges and/or wheeling charges payable by other long-term open access customers and medium-term open access customers in the year in which such 124 (30) compensation payment is due in the ratio of transmission charges payable for that year by such long-term open access customers and medium-term open access customers.

21. Inter-State open access: The procedure for using the State grid in conjunction with the inter-state transmission system shall be governed by the procedure for inter-State long,-term open access as specified in Central Electricity Regulatory Commission (Grant of Connectivity, Long-term .

Access and Medium-term Open Access in inter-State Transmission and related matters) Regulations, 2009 or its statutory re-enactment as amended from time to time:

Provided that in respect of a generating station or consumer connected to a transmission licensee(other than STU)/distribution licensee and seeking inter-State long-term open access, the SLDC, before giving its consent to the RLDC as required under the Central Commission's regulations, shall require the generating company or consumer to submit the consent of the distribution licensee concerned.

Provided further that all applicants intending to use the State grid for long-term inter-State open access shall be required to fulfill the eligibility criteria as specified under regulation 5 of these Regulation and while submitting application for inter-State open access shall follow Regulation 12(2) of these Regulation.

mih-1•1~ m, ~ 4 i:rr:;i 2011 124 (31) PART6 Procedure to avail medium-term open access

22. Application for medium-term open access

(1) The application for grant of medium-term open access shall contain such details as may be laid down under the detailed procedure and shall, in particular, include the point of injection into the State grid, point of drawal from the State grid and the quantum of power for which medium-term open access has been applied for.

(2) 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.

(3) On receipt of the application, the nodal agency shall, in consultation and through coordination with other agencies involved in bilateral transactions, process the application and carry out the necessary system studies as expeditiously as possible so as to ensure that the decision to grant or refuse medium-term open access is made within the. timeframe specified in table-3 of regulation 12.

Provided that in case the nodal agency faces any difficulty in the process of consultation or coordination, it may approach the Commission for appropriate directions.

23. Grant of medium-term open access ( 1) On being satisfied that the requirements specified under Regulation 5 and Regulation (2) of regulation 7 are met, the nodal agency shall grant medium-term open access for the period stated in the application:

Provided that for reasons to be stated in writing, the nodal agency may grant medium-term open access for a pc110d less than that sought for by the open access customer;

(2) The applicant shall submit an undertaking stating that they have a valid contract with seller / buyer as the ca~e may be along )Nith a copy of the contract.

{3) While granting me~ium-term open access, the nodal agency shall communicate to the -appHcant, an estimate of the applicable charges (in 124 (32) kind and in cash) likely to be payable based on the prevailing rate, as specified by the Commission.

24. Execution of medium-term open access agreement The applicant shall sign an agreement for medium-term open access with , the

(a) State Transmission Utility in case medium-term open access is granted by the State Transmission Utility for open access mentioned in S No 1 of table-3 of these regulations, in accordance with the provision as specified in the detailed procedure.

(b) Intra-state transmission licensee(other than STU) in case medium term open access is granted by intra-state transmission licensee ( other than STU) for open access mentioned in S No 2 of table-3 of these regulations, in accordance with the provision as specified in the detailed procedure ( c) A tripartie agreement for medium-term open access with the State Transmission utility and intra-state transmission licensee in case lohg-term is granted by the STU for open access mentioned in S No 3 _of table-3 of these regulations.

(d) A tripartie agreement for medium-term open access with the State Transmission utility and distribution licensee ih case long-term transmission and distribution open access is granted by the STU for open· access mentioned in S No 4 of table-3 of these regulritions.

(e) A tripartie pgreenienl_for m_cdium-term open access with the State Transmission utility and distribution licensee in case , long-term 'fransmi~sion ahd distribu.ti6'n ·open access is ·granted by the· STU .for ' l ' ~ {. • I ' --,\_ '. , I • ."'- • , • ' - !

open access m¢ritiohed in S No 5 of table-3 of these regul~tio·ns.

~ .r. ; ;: ·" .'

(f) Distribution '.licensee i_n case medium-term open' access .. ls granted .• by. th_e \Hlf/ibtltion 'ficensee 'for op~h access m'eAti~ned in' s· No 6 of r ,) • ~ ' ; • C • ' '! !..i.~ • • -' < ~ • ;- -:-:. • • • table-3 of these regulations.

, (g) · A tripartie a.9reement for. medium-term open access with the State ') ii ,, ,---:-Ti~n~~lssion:,1Ltility and distf-ibut,on; tfcin§ee ~;iii ··•,case long~term . :·<~--!· ~<- ~~:· 1·,; ;::· ... : .~~ ·:-·-. l~. r · ..

124 (33) transmission and distribution open access is granted by the STU for open access mentioned in S No 7 of table-3 of these regulations.

(h) A quadra partie agreement for medium-term open access with the State Transmission utility and both the distribution licensees in case long-term open access is· granted by the STU for open access mentioned in S No 8 of table-3 of these regulations.

(i) Agreement for medium-term inter-state open access S No 9 of table-3 of these regulations shall be as per the provisions specified by Central Commission.

(2) The medium-term open access agreement shall contain the date of commencement and end of medium-term open access, the point of injection of power into the State grid and point of drawal from the State grid, the details of dedicated transmission lines required, if any, the bank guarantee required to be given by the open access customer and other details in accordance with the detailed procedure.

(3) Immediately alter grant of medium-term open access, the nodal agency shall inform the State Load Despatch Centre about the modalities,quantum of power to be interchanged and terms of conditions of such open access approval etc- so that they can consider the same while processing requests for future short- term open access received I - under these Regulations.

25. No overriding preference On the expiry of period of the medium-term open access, the medium term open access customer shall not be entitled to any overriding preference for renewal of the term.

26. Exit option for medium-term open access customers A medium-term open access customer may relinquish rights, fully or partly, by giving at least 90 days prior notice to the nodal agency:

Provided that the medium-term open access customer relinquishing its rights shall pay applicable transmission charges and / or wheeling charges 124 (34) and other applicable charges for the period of relinquishment or 90 days which ever is lesser.

27. Inter-State open access: The procedure for using the State grid in conjunction with the inter-state transmission system shall be governed by the procedure for inter-State mE:dium-term open access as specified in Central Electricity Regulatory Commission (Grant of. Connectivity, Long term Access and Medium-term Open Access in inter-State Transmission and related matters) Regulations, 2009 or its statutory re-enactment as amended from time to time:

Provided that in respect of a generating station or consumer connected to a distribution system seeking inter-State medium-term open access, the SLDC, before giving its consent to the RLDC as required under the Central Commission's regulations, shall require the generating company or consumer to submit the consent of the distribution licensee concerned.

Provided further that all. applicants intending to ·use the. State grid for · medium-term inter-State open access shall be required to. fulfill the e1igibility criteria as specified under ·Regulation 5. · of these. Regulation and. · · ·while submitting . application • for inter-State open access. shall follow Regulation 12(2) of these Regulation.

·., i ,,.· .:, ..

milwt~ ~. ~ 4 .:irct 2011 124 (35) PART7 Procedure to avail short-term open access

28. Application for short-term open access

(1) The application for grant of short-term open access shall contain details which include the point of injection into the State grid, point of drawal from the State grid, the quantum of power for which short-term open access has been applied for, duration of availing open access, and other information as may be required by the Nodal agency

(2) The start date of the short-term open access shall not be earlier than 30 days and not later than 60 days from the date application has been made.

Eg. application for grant of open access commencing from i5t July shall be received from 1st May and up to 31th day of May.

(3) An application made for each bilateral transaction and/or collective transaction shall be accompanied by a non-refundable fee as decided by the commission from .time to time .

. ·. .. -· '. •..:

. - .

Provided that the fee for bilateral transaction or collective transaction shall be deposited on the day of the application or within three working days of · .. ~. . , . . , . •. . - submission of the application.

(4) - A ·consumer of distribution licensee intending to avail open access shall_

(6) ·_ , also furnish a copy of his application to the distribution licensee of his area of supply.

the·' Nodal ·agency shall acknowledge receipt of the application by andkating time and date an "ACKNOWLEDGEMENT" to the applicant.

Based on the type of transactions, the nodal agency shall take a decision on the applications for short-term open access.

(i) · All applications received under Regulation 28(2) above shall be processed as per allotment priority criteria specified under Regulation 8 on first-come first serve basis.

124 (36)

(ii) Nodal agency shall check transaction for congestion of any element (line and transformer) of transmission and distribution system involved in transaction.

(iii) Nodal agency shall convey grant of open access or otherwise in format specified in detailed procedure along with schedule of payments to the applicant.

(iv) Nodal agency shall assign specific reasons if open access is denied.

(7) - While processing the application for short-term open access, the nodal agency shall ensure that the applicant fulfills eligibility criteria specified in Regulation 5 of these Regulation and verify the following, namely-

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

(ii) Availability of surplus capacity in the State grid.

(8) In case the nodal agency finds ·that the application for short-term open access is incomplete or defective in any respect, it shall communicate the deficiency or defect to the applicant by e-mail or fax, in addition to any other usually recognized mode of communication, within · time frame specified iri table 4.

Provided that in cases where the nodal agency has communicated any deficiency -or defect in the application, the date of rec:eipt of application shall be the date on -whicti; the application has been received duly ·: complet,ed, after removing the deficiency or rectifying the defects, as the ' .. . . , .. ., . . . , ·.

case may be.

(9) After the feasibilitY. for, existence. of necessary infrastructure and !It \. ..... ,~ ., ~ t~ !! ~•, , • - t/-: ' . • . ' . . . • . ··., ( . • ~ !-- ~; , ·, , •. 17 c!Vpilabil/~Y of.~~ffP,lus .ca_pacit'{i irJ t.9/~!_,~tate grid has, bee~ established the . . ~ -- _., : . , . . '!.. ~ no9al agency shalJ cq_nvey, jts .app~o_y~J 9( shprt~t~rm _open access to the + ,. f;..S ?, \. -, •' ' ~~ -~., • t C ; 1 0 f I ' \, t" ' .... '..:f~.-':, .

applicant by e-mail or fax, in addition to any other usually recognized mode of communication, within time frame specified in table 4.

(10) In case the application has been found to be in order but the nodal agency refuses to give approval, on the grounds of non-existence of ,necessary "' 0'ffi•Wi~ {pifq'"5[, ~ 4 ~ 2011 124 (37) infrastructure or unavailability of surplus capacity in the State grid or non fulfillment of eligibility criteria, such refusal shall be communicated to the· applicant by e-mail or fax, in addition to any other usually recognized mode of communication, within time frame specified in table 4, along with reasons for such refusal:

Provided that where the nodal agency has not communicated any deficiency or defect in the application or refusal or approval as the case may be, within the specified time period from the date of receipt of the application, the applicant may approach the Commission for intra-State open access.

29. Day ahead transactions:

(1) Day ahead transactions shall be permitted ,in case there is availability of surplus capacity in the licensee system, which has been expressly surrendered whole or part thereof, or not in use for more than three days in past.

An application for grant of such open access may be submitted to SLDC within three days prior to the date of scheduling but not later than 1300 hrs of the day immediately preceding the day of scheduling for day ahead transaction.

For example, application for day-ahead transaction on 25th day of July shall be received on 22nd day or 23rd day or up to 1300 hours on 24th day of that month.

(2) Nodal agency shall check for congestion and convey grant of approval or otherwise, in the format as approved in detailed procedure. All other provisions of application for short-term open access shall apply.

30. Payment of open access charges Advance payment for one month or period of open access, whichever period is less, shall be made within three working days of grant of open access. The SLDC shall schedule power for bilateral transaction only after receiving payment from the applicant.

124 (38) ~.9'ffift•I~ -m, ~ 4 i:rr;:;f 2011

31. No overriding preference On the expiry of period of the short-term open access, the short-term open access customer shall not be entitled to any overriding preference for renewal of the term.

32. Inter-State open access Notwithstanding anything contained in above Regulations, procedure for inter-State short- term Open Access shall be as per Central Electricity Regulatory Commission (Open Access in inter-State Transmission) Regulations, 2008, or its statutory re-enactments, as amended from time to time.

Provided further that all applicants intending to use the State grid for short-term inter-State open access shall be required to fulfill the eligibility criteria as specified under Regulation 5 of these Regulation and while submitting application for short-term inter-State open access shall follow Regu.lation 12(2) of these Regulation.

.,.

_, 124 (39) PARTS Charges for using State grid

33. Open access charges The licensee/SLDC providing open access shall levy only such fees and/or charges as specified by the Commission from time to time. The principles of determination of the charges shall be as under.

( 1) Transmission Charges - The transmission charges for use of the transmission system of the STU/ transmission licensee for intra-state transmission shall be regulated as under:

(a) The transmission charges for use of the intra-State transmission system shall be recovered from the long-term open access customers and the medium-term open access customers in accordance with terms and conditions of tariff specified by the Commission from time to time. These charges shall be as determined by the Commission under section 62( l)(b) of the Act, and shall be applicable as per the tariff order issued by the Commission from time to time. These charges shall be shared by the long-term open access customers and medium-term open access customers as per allotted capacity proportionately.

Illustration: The basis for sharing of transmission charges shall be the maximum demand in MW served by the intra-state transmission system of the transmission licensee in the previous financial year ..

Suppose, the maximum demand in previous financial year i,e 2009-10 is 3000 MW.

The capacity contracted by long-term open access customer is 50 MW.

The capacity contracted by medium-term open access customer is 20 MW.

The capacity served for distribution licensee shall be 3000-50- 20=2930 MW 124 ( 40) Suppose if annual estimated and approved transmission charge for 2010-11 is Rs 300 crores, then monthly transmission charges for year 2010-11 shall be shared as follows:

Distribution licensee= (300 x 2930) /(3000 x 12) = Rs 24.4H?6 crores Long-term open access customer= (300 x 50)/(3000 x 12) = Rs

0.4166 crores Medium-term open access customer=(300 x 20)/(3000 x 12) = Rs

0.1666 crores

(b) The transmission charges shall be payable by the short-term open access customer for the energy approved /contracted for bilateral transaction at the point or points of injection. The energy approved shall be computed by considering the reserved capacity for bilateral transaction. The transmission charges payable by a short-term open access customer for the use of intrastate tr c.Jr1smission system shall be calculated in accordance with the followinc; :,10thodology:

ST _RATE = TSC / Net annual estimated energy input to the transmission system of STU/transmission licensee for- the relevant year, Where:

ST _RATE is the rate for short-term open access customer in Rs per kwh or in Rs/MWh "TSC" means the annual transmission charges or annual revenue requirement on account of the transmission system as determined by the Commission.

The transmission charges for use of intra-state transmission system for all type of transactions (bilateral or collective inter-State transactions through exchanges) shall be the same.

Illustration: Suppose if annual estimated and approved transmission charge for the year 2010-11 is Rs 300 crores, and net annual estimated energy input to the transmission system of STU for the year 2010-11 is 15000 MU.

ST _RATE = 300/15000= 20 paise per kwh Or ST _RATE=Rs 200/MWh 124(41) ( c) The revenue thus earned from the short-term open access customers by the STU/transmission licensee for bilateral transaction and collective transction in a month shall be directly disbursed to the long term and medium term customers to reduce the transmission charges of the long-term and medium term open access customers for the successive months in proportion to monthly charges payable to them. The STU/ transmission licensee shall maintain separate account for the revenue earned from short-term customers and shall submit it to the Commission.

(2) Wheeling Charges- The Wheeling charges for use of the distribution system of a licensee shall be regu_lated as under: -

(a) The wheeling charges for use of the distribution system shall be recovered from the long-term open access customers, medium term open access customers and short-term open access customers in accordance with terms and conditions of tariff specified by the Commission from time to time. These charges shall be as determined by the Commission under section 62(1)(c) of the Act, and shall be applicable as per the tariff order issued by the Commission from time to time. The wheeling charges shall be payable by the long-term open access customers , medium-term open access customers and short-term open access customer for the energy approved/contracted for bilateral transaction at the point or points of injection. The energy approved shall be computed by considering the reserved capacity for bilateral transaction

(b) The wheeling charges payable by a long-term open access customers, medium-term open access customers and short-term customer for the use of distribution system shall be same.

( c) The revenue thus earned from the open access customers in a year shall be utilized to reduce the wheeling charges of licensee for the 124 (42) successive years. The distribution licensee shall maintain separate account for the revenue earned from open access customers.

(3) Fees and Charges of SLDC - An open access customers shall pay to the SLDC, the scheduling and system operation charges as determined by the Commission in accordance with the regulation as may be framed for levy and collection of fees and charges of SLDC.

( 4) Unscheduled Interchange (UI) charges

(a) The mismatch between the scheduled and the actual drawal at drawal point(s) and scheduled and the actual injection at injection point(s) shall be met from the grid and shall be governed by the CERC (UI charges and related matters)·, Regulation, 2009 till the notification of CSERC (Intra-State ABT, Unscheduled Interchange charges and related matters) Regulations and thereafter it will be as per the regulations to be notified ·and amendments, if any.

(b} A separate bill for UI charges shall be issued to open access customers.

(c) The billing, collection and disbursement of the Unscheduled Inter change charges shall be governed by the CERC (UI charges and related matte.rs) Regulation 2009 till the notification of CSERC (Intra-State ABT, Unscheduled Interchange charges and related matters) Regulations and thereafter it will be as per th_e regulations to be notified and amendments, if any.

{d) The payment of UI charges shall have a high priority and the concerned constituent (including distribution licensee and all other open access customers) shall pay the indicated amounts within stipulated: r.?~riod 'as· specifi~d in CERC (UI charges and related matters}, Regulation, 2009 till .the notification of CSERC (Intra- . . ' . ,· State, ABT/t!rts:ctieduled, Ihterchang~ charg~s and related matters) ·-:,R~g(d~tlbns··~nfs<is cfmended from time 'to tinie (5} Reaci:iJe· E~ergy'Ch~·rget- . . . . .•.·· ,', '.. {Jh~ ... 6iifinii"an~ 'pay~er1t·-'6f:·1:11~-. reactive 7 -~ri~rg'y:.'.charges· by ·-the open · . ~ ;, a'ccess·c:ustdmers shall bet~J a·p~;O;P.d 'b~ ~he ·2;rf,,,~i~~'i'6~ 0 f~~m time to ..._,,; .

t : . . .. ,~ ~,;,j, ,,, .· -, ,,., . ... .

i'l.'ti .. :',,_;;.., : .. ~'!,:·.f,'"•~.t!-4 • , ')J 124 (43)

(6) Cross subsidy Surcharge - ·

(a) The Commission may specify cross subsidy surcharge voltage wise/slab wise /individual categories of consumers separately.

(b) The principle and procedure for determining cross-subsidy surcharge shall be as under:

(i) Every consumer requiring supply of electricity through open access in accordance with these Regulations shall be liable to pay the cross-subsidy surcharge, as may be specified.

Provided that such surcharge shall not be leviable in case open access is provided to a person who has established a captive generating plant, for carrying the electricity to the destination of its own use.

The cross subsidy surcharge shall be payable by the open access customer for the actual energy received through open access at the point of drawl.

(ii) Cross subsidy surcharge shall also be payable by such consumer who receive supply of electricity from a person other than the distribution licensee in whose area supply is located, irrespective of whether it avails such supply through transmission/ distribution network of the licensee or not.

(iii) Such surcharge shall be based on the current level of cross subsidy of the tariff category / tariff slab and / or voltage level to which such consumer, belong or are connected to, as the case may be. It is to be calculated based on the average cost method by taking the difference between the average tariff for such supply voltage for the consumer of subsidizing category and the average cost of supply for the licensee.

~ . . . ' .

(iv) For consumers procuring power through open access in first control period of MYT regime, the cross subsidy 1 sur~harge . '. ' . . .

shall be levied at 90% of cross subsidy surcharge determined by the Commission . for that year. The cross subsidy surcharge for subsequent control period shall -be as decided .. ,. ' by the Comm.ission from time to time.

Illu~1:~ation: Su~p~se the ~-r~ss subsi~y s'urcharge worked out.

for 2011-12 is 75 paise per kwh. Then applicable cross 1 j l ·l 1 j 124 ( 44)

(v) €9'ffifl'i~ {I~,~ 4 lWif 2011 subsidy surcharge for consumers procuring power through open access shall be 90% of 75 paise i.e. 67.5 paise (rounded of to 68 paise) per unit for the year 2011-12.

Suppose the cross subsidy surcharge worked out for 2012-13 is 70 paise per kwh. Then applicable cross subsidy surcharge for consumers procuring power through open access shall be 90% of 70 paise i.e. 63 paise per unit for 2012-13, For consumers procuring power through renewable energy based power generating plant, the cross subsidy surcharge shall be 50% of the cross subsidy surcharge determined for that year.

Illustration: Suppose the cross subsidy surcharge worked out for 2011-12 is 75 paise per kWh and the cross subsidy surcharge worked out for 2012-13 is 70 paise per kWh. For consumers procuring power through renewable energy based power generating· stations, the cross subsidy surcharge shall be 38 paise per unit and 35 paise per_ unit for the year 2011- 12 and 2012-13 respectively.

(7) Additional Surcharge - The Commission shall determine the additional surcharge as required under Section 42( 4) of the Act .The additional surcharge shall become applicable only if it is conclusively demonstrated that the obligation of a licensee, in terms of existing power purchase commitments, has been and continues to be stranded, or there is an tmavoidable obligation and incidence to bear fixed costs consequent to such a contract. The fixed costs related to network assets would be recovered through wheeling charges .. ·

Provided 'that such:surcharge shall not be leviable in case open access is 'pro\tided-to'a 'person who has established a captive generating plant, for ·, ·carryir\'g;the'eiectridty to a destination.of its own use ..

J'[, ''.(\. f .. , ·;· . Provided further ·that the aqditiona.t sqrcbarge sha_ll be decided by the : ... .,_ ~r.· : '!F.~'-. . , . :···-·~.:•-. •,: . • .· ' ,, Commission on case to case basis.pf1:er due regulatory p~ocess.

. •-'·"!'")' ., 't . ;-..... , '.!1f•Z.,_:· . • ,; • ,.

. .

·. __ ,,.,_,..,,._ --;:~.!~ -,-<· . ··~·· ---- ..... ·---• ~-'••-- ...,... .. ·- . ___ . - .. -~ -~----.1;..,;· --~-.

124 ( 45)

(8) Connectivity Charges - Charges related to connectivity as specified by the Commission shall be payable by the intra-State requester for getting connected with the State grid.

(9) Any other charges, in cash or kind as may be specified by the Commission shall be payable by the open access customer.

( 10) In case the open access customer uses inter-state transmission system ~· and services of Regional Load Dispatch Centre and State Load Dispatch Centre of any other state, the transmission charges of CTU and STU of the other State and service charges of Regional Load Dispatch Centre and State Load dispatch Centre of other state shall be payable by such customer in addition to the charges provided under these Regulations.

(11) In case of outages of generator supplying to a consumer through open access, standby arrangements should be provided by the distribution licensee on the payment of charges as specified by the Commission. In case of outages of captive generating plant supplying to a captive user and/or consumer on open access, standby arrangements should be provided by the distribution licensee on the payment of charges as specified by the Commission. The generating company or captive generating plant selling directly or through any licensee shall inform the SLDC and the buyer about their outage of plants through email or fax, along with probable date of resuming injection of electricity into the grid. .

For drawl of power up to the contracted capacity of open access, the tariff for· availing stand by support from the distribution licensee shall be 1.5 '"' times of the per unit average tariff of HT and EHT consumers as decided by the Commission in tariff order from time to time.

For drawl of power in excess of the contracted capacity of open access, the tariff for availing stand by support from the distribution licensee shall be two times of the per unit average tariff of HT and EHT consumers as decided by the Commission in tariff order from time to time.

The modality of demand and energy accounting during the period of availing star,id by support from distribution licensee shall be as per CSERC (Intra-State ABT, Unscheduled Interchange charges and related matters) Regulations to be notified and amendments, if any.

124 (46)

Provided also that open access customers would have the option to arrange stand-by power from any other source other than distribution licensee.

Provided further that open access customers connected to CTU system would have the option to avail stand-by power from distribution licensee of the area on terms and conditions as approved by the Commission. Such open access customer may approach the Commission for availing stand by support.

(12) All long-term open access customers and medium-term open access customers shall pay the charges payable under the open access agreement from the date of com_mencement of open access specified in such_ agreement, regardless of whether or not such open access is actually availed from that date, except if the failure to avail open access is due to the default of the concerned licensee(s) whose network is being used."

(13) All open access customer must make reasonable endeavor to ensure that their actual demand or actual sent-out capacity (power), as the case may be, at an inter-connection point does not exceed the contracted capacity or reserved capacity.

Provided that for carrying out balancing and settlement of energy and demand at ·all entry and exit points relating to open access agreements, the licensee shall strictly adhere to the provisions of CSERC (Intra-State ABT, Unscheduled Interchange charges and related matters), Regulations to be notified by the Commission and its amendments, if any.

Provided further, that till such time the CSERC (Intra-State ABT, Unscheduled Interchange charges a'nd related: matters), -Regulation~ is notified by ·the ,Gommission, the terms and condition~ for energy.: and demand: 0balancing; as:iset out intt:,e existing agreements shall continue to a,pply. _, ' , ,- ·i- - .

(14) , .T,he. charges related to ·transmission,:c:tnd,.wheeling,;charges· shall, be 6% of ' ' . ~ ·~.... . . . .

~he:: energy -inp_ut into the. system,· for the:. consi.J mer ·using · State g·rid for procuring powenfrom renewable.energy based.po~er generating stations;

'· located in ~he State. 9,ther: than these charge~,-.they shall not be liable to i "' 124 (47) pay any transmission charges or wheeling charges either in cash or kind.

However, surcharge shall be payable where the wheeling of energy is other than for its own use.

( 15) Energy losss.

No.

1 2 3 The open access customer shall bear energy loss of the transmission system and/ or distribution system as approved by the Commission in its relevant tariff order passed under section 62 of the Act, from time to time.

The energy losses in the transmission and distribution systems shall be compensated by additional injection at the injection point The energy losses shall be calculated on the basis of the energy scheduled for transaction at the point or points of injection.

Illustration The applicable transmission and wheeling charges to be levied to open access customers shall be as follows Table-5 - Aoolicable Charges and enerm Losses Inter-se location of drawal and Injection Drawal Applicable Charges injection point Point point Both in the network of STU EHV side of EHV side of 1. Transmission EHV S/s (132 EHV S/s Charges of STU.

Kv and (132 Kv 2. Transmission loss of above) and above) STU Both in the network of intra-state EHV side of EHV side of l.Transmission transmission licensee (other than EHV S/s EHV S/s Charges of STU) network and there is no transmission licensee.

involvement of STU network for 2.Transmission loss of conveyance of electricity. transmission licensee The injection and drawl point is located EHV side of EHV side of l.Transmission at intra-state transmission licensees EHV S/s(132 EHV Charges of STU.

system and STU network or vice Kv and S/s(l32 Kv 2.Transmission loss of versa above) and above) STU 3 .Transmission Charges of transmission licensee.

4.Transmission loss of transmission licensee 124 (AS) Table-5 Applicable Charqes and enerm Losses s.

No.

Inter-se location ofdrawal and Injection Drawal injection point Point point 4 The injection and drawl point is at intra-state transmission system and distribution licensees system respectively.

5 The injection and drawl point is at distribution licensees system and intra-state transmission system respectively 6 Both within the same Distribution li[ensee and there is no involvement of state transmission network 7 Both within the same Distribution licensee but there is involvement of state transmission network 8 Both witnin the same State but different Distribution Licensees EHV side of 33 KV EHV S/s(132 Kv and above) 33 Kv side of EHV S/s 33 KV side of 33/11 S/s 33 Kv side of EHV side(132 KV and above) EHV side{132 KV and above) EHV S/s or 33 KV 33/11 KV S/s 33 Kv side of 33 KV EHV S/s or 33/11 KV S/s 33 Kv side of EHV S/s or 33/11 KV S/s ,i,+ ..;;. j ' ,,= i '- 33 KV Applicable Charges !.Transmission Charges of STU.

2.Transmission loss of STU

3.Wheeling Charges of distribution licensee.

4.Distribution loss of distribution licensee for that voltage level !.Transmission Charges of STU.

2.Transmission loss of STU

3. Wheeling Charges of distribution licensee.

1.Transmission Charges of STU.

2.Transmission loss of STU

3.Wheeling Charges of distribution licensee.

4.Distribution loss of distribution licensee for that voltage level

1. Wheeling Charges

2. Distribution losses

1. Transmission Charges of STU.

2. Transmission loss of STU

3. Wheeling Charges of distribution licensee. 4.Distribution luss of distribution licensee

1.Transmission Charges of STU.

2.Transmission loss of STU

3. Wheeling Charges of distributior)_ licensee no 1. "

4.[Hstribution loss of distdbution licensee no i : ;'.5.W,h~ee!ing; C~arges of distribution licensee no 2.

6.Distribution loss of ·• • 124 (49) Table-5 Applicable Charqes and enerq\ Losses s. Inter-se location of drawal and Injection Drawal Applicable Charges No. injection point Point point distribution licensee no 2

9. In different State As applicable Out of !.Applicable charges (Inter State open access) State as per type of transaction mentioned above

2.The transmission charges and/or wheeling charges and energy losses of CTU and STU/licensees of the other State

34. Billing, Payment, Collection and disbursement of charges ( 1) Unless specified otherwise in detailed procedure or in any other order issued by the Commission, the bills against charges mentioned in regulation 33 ( other than UI charges) shall be prepared by the respective nodal agency and shall be disbursed to the respective licensee /SLDC /open access customer as the case may be before the 5th day of the succeeding calendar month.

(2) The distribution licensee and all other open access customers as the case may be, shall pay the charges within seven days from the date of issue of the bill.

(3) The open access Charges for use of State grid and fees and charges of "",," SL.:bC ''shaH · be disbursed by the nodal agency to the licensee/SLPC r,, ,, .,..... .I .-,.-,.,..,I"",,.,' concerned, within 5 working days after completion of the billing cycle on receiving the same from the open access customers.

124 (SO) €9'1ifPli1> ~, ~ 4 -qrcf 2011

(4) If payments against the open access charges are not made within the due date as mentioned in the bill issued by the nodal agency, the defaulting open access customers shall have to pay simple interest @ 0.04% for each day of delay.

(5) If the nodal agency does not disburse the payment received from open access customers to the licensee/SLDC within five working days after completion of the billing cycle, the nodal agency shall have to pay simple interest@ 0.04% for each day of delay.

(6) In case any open access customer exclusively uses the facilities of inter State transmission system (CTU · or other inter-State transmission licensee) the surcharge shall be collected by CTU or other inter-State transmission licensee as the case may be and shall be paid to the distribution licensee in whose area the consumer is located.

35. Security deposit for payment ( 1) Long-term open access customers (-2) . .

All long-term open access customers shall be required to open Letter of Credit (LC) for 105% of estimated applicable average monthly billing for charges mentioned in Regulation 30 in favour of nodal agency. In addition to opening of Letter of Credit (LC) the long-term open access customer would provide security in the form of irrevocable Bank 'Guarantee (BG), in favor of nodal agency, equivalent to two months estimated applicable average mo·nthly billing, three months prior to the scheduled date of connectivity. Initially the security mechanism shall be valid for a minimum period of three (3) years and shall be renewed from time to time.

The payment security mechanism for the State distribution licensee using the network of State Transmission Utility shall be governed by the transinl~sion ser..r.fite: ~greement executed between the utilit'ies;. . ·.

Medium _;term ope.n access customers ' . , .,, . .

After signing of _the Medium Term Open Access fgreemen.t (MTOA), the ' . ~ ,'.' •·. . i_· , . -. . .

'~ · · · applicant shall submit a Bank Guarantee (BG.) to nodal agency equivalent :J:'G~·i.J<tc3ll'ftsf1mateaitlaitpl_i,fijt5!~1fa·e~~s ofjty..r,o. •;fL10flth?fVViJ;l]in,~Q,s1day~.Jrom· the . .· . ,, . . ... , ··r ·. • . . .

grant 'of MTOA. Tne estimated average ,opeh ~ccess .charges would be · r~viewed ever"y six.lJ}Oflths/MTOA, pef:iod whitnever'.;is·less aod.accordingly ::_ ,--.~··,~ ~ .. ~.~·- .

:"ii-·',\, ~ .. ".42?>:·2:~· • ..

m-ih-i11~ m, ~ 4 m1:f 2011 124 (51) the amount of Bank Guarantee would be enhanced/reduced by Medium term customers.

(3) Payment security for UI charges The payment security for UI charges shall be governed by the (Intra-State ABT, Unscheduled Interchange charges and related matters) Regulations to be notified by the Commission and as amended from time to time.

36. The intra-state user or any intra-state entities using the State grid including such system when it is used in conjunction with inter-state transmission system (availing intra-State and/or inter-State open access) defaults in payment of Unscheduled Interchange charges, the SLDC shall follow up with concerned open access customer under intimation to State distribution licensee and shall inform RLDC also in case of inter.:.state open access.

The intra-state user or intra-state entity using the State grid including such system when it is used in conjunction with inter-state transmission system (availing intra and/or inter-state open access) defaults in payment of Unscheduled Interchange charges for two weekly billing : cycles, the SLDC, shall not schedule, in case of intra-state open access arid withdraw the consent in case of inter-State open access under intimation to open access customer and distribution company. In case of inter-State open access, intimation of withdrawal of consent shall also be given to RLDC, for taking further necessary action at its end .

In case of prolonged default in payment of the charges specified under these regulations or UI charges, the licensee or SLDC may, approach the Commission.

37. If any open access customer or intra-state user using the State grid including such system when it is used conjunction with inter-state transmission system defaults in payment of any open access charges due from him to the licensee or SLDC, the licensee may initiate. action such as disconnection with the State grid or any other suitable action under provision of Act or State grid code or any other regulations after giving due notice and following necessary procedures.

124 (52)

38. Sc::heduling :

,Jffiflll~ ~, ~ 4 lTT1'r 2011 PART9 Miscellaneous

(1) Notwithstanding anything contained in the succeeding Regulatfons of this regulation, scheduling of all types of inter-State open access transactions shall be as specified by the Central Commission.

(2) For long-term open access customers and medium-term open access customers the provisions of the State Grid Code, as amended from time to time, shall be applicable for declaration of capacity and_ scheduling for intra-State open access transaction.

(3) For short-term open access customers, the scheduling procedure shall be as specified by the Commission in CSERC (Intra-State ABT, Unscheduled Interchange charges and related matters) Regulations, as amended from time to time for intra-State open access transaction.

39. Curtailment

(1) When for the reason of constraints in the State grid or in the interest of grid security, it becomes necessary to curtail power flow on a State Grid, the transactions already scheduled may be curtailed by the 6tate Load Despatch Centre.

(2) Subject to provisions of the Grid Code and any other regulation specified by the Commission, the short-term open access customer shall be curtailed first followed by the medium-term open access customers, which shall be followed by the long-term open access customers and amongst the customers of a particular category, curtailment shall be carried out on pro rata basis. , (:3), ·· The reservation· of transmission capacity to the .short-term ·open access customer may be reduced or cancelled by the SLDC, if Government of ':. India I Governmer:it of Chhattisgarh allocates power from the Central . ' .,~ . -,-!'.",! - v1t,G,:i'l;~enerating·'.6tation(,s}.:r/ 1State··.Gener?tir;i.9; ~ta_ti.o,Q.{s)/;~!'~~/P:~~2, as the c~se may pe, in an area to a person in· another area· and such allocation, in the opinion of the SLDC, cannot otherwise be implemented due to - 124 ( 53) congestion in the transmission link. If the SLDC decides to reduce or cancel capacity reserved for a short-term open access customer under this Re~ulation, it shall, as soon as possible, intimate the short-term open access customer concerned of its decision for its implementation to reduce or cancel transmission capacity.

( 4) In case of curtailment of more than 50% of the reserved transmission capacity by the SLDC, on any particular day, on account of transmission constraints or constraints in distribution network, the transmission char;ges and /or wheeling charges as the case may be for that day shall be payable by the short-term customers on pro rata basis in accordance with the transmission and /or distribution capacity actually provided.

Provided that operating charges shall not be revised in case of such curtailment.

40. Non-Utilization or excess utilization of reserved capacity by Open Access Customer

(1) In case an open access customer is unable to utilize, full or substantial part of the reserved capacity, he shall inform the nodal agency along with reasons and period for his inability to utilize the reserved capacity and ., shall surrender the non-utilized capacity.

(2) The short term open access customer, who has surrendered the non utilized capacity under Regulation ( 1) above shall bear the transmission and/or wheeling charges, the fees and charges of SLDC and all other applicable charges based on the original reserved capacity for seven days or the period of reservation surrendered, as the case may be, whichever period is shorter.

(3) The transmission/distribution capacity becoming available as a result of surrender by the open access customer under regulation (1) may be reserved for any other open access customer in accordance with these regulations.

( 4) The SLDC shall prepare a quarterly report of open access transactions indicating 'the ·capacity utilization trend .. of 'rese'rved· transmission capacity by the open access customers ·and submit it before the Commission.

124 (54) ih'flf!ll~ m, ~ 4 ~ 2011

(5) The provisions for preventing gaming and misuse of State grid during real time operation by the open access customers shall be specified by the Commission in CSERC (Intra-State ABT, Unscheduled Interchange charges and related matters) Regulations as amended from time to time.

(6) The Commission may, either suo motu or on a petition filed by the SLDC or licensee, initiate proceedings against any open access customer on charges of misutilization of allotted capacity/reserved capacity and if requirG.d, may order an inquiry in such manner as decided by the Commission. When the charges of misuse of allotted capacity/reserved capacity is established _in the above inquiry, the Commission may, without prejudice to any other action under the Act or regulations there under, reduce or cancel the reserved capacity of a open access customer

41. Grid Discipline and Quality of Supply

(1) The licensee must make all reasonable endeavors to ensure that the quality of supply standards as prescribed by the Commission under section 57 of the Act, the Indian Electricity Grid Code and the.

Chhattisgarh State Electricity Grid Code are met in respect of all open access customers of its network, to the extent these quality parameters are applicable to such customers.

_ (2) The open access customer shall abide by the Indian Electridty Grid Code, the State Grid Code and the instructions given from time to time by the STU /licensee/SLDC.

42. Detailed Procedure for implementation

(1) Subject to the provisions of these regulations, the State Transmission Utility after consultation with distribution licensee and SLDC shall submit the detailed procedure within 60 days of notification of these regulations in the Official Gazette to the Commission for approval. The detail procedure shall be approved after inviting suggestion/ comments from all the affected parties for implementation.

(2) The detailed procedure shall, in particuJar, include-

(a) The proforma for the connection agreement, referred to in regulation (3) of Regulation 10 above.

" 124 (55)

(b) The proforma for the long-term open access agreement referred to in regulation 17 above:

Provided that the Transmission Service Agreement issued by the Central Government as part of standard bid documents for competitive bidding for transmission in accordance with section 63 of the Act shall be a part of this Agreement along with necessary changes;

Provided further that in case transmission system augmentation is undertaken through the process of competitive bidding in accordance with section 63 of the Act, the Transmission Service Agreement enclosed as part of bid documents shall be used as a part of the proforma agreement to be entered into between the applicant and the State Transmission Utility for long-term open access.

( c) The time line for phasing of construction/modification of the transmission elements by the State Transmission Utility/transmission licensee and/or distribution licensee, as the case may be, and the coming up of generation facilities or facilities of bulk consumer, as the case may be shall be such as to match the completion times of the two;

(d) Aspects such as payment security mechanism and bank guarantee during the period of construction and operation:

(e) The proforma for the medium-term open access agreement, referred to in 24 above.

(f) Provisions for collection of the open access charges for intra- State transmission system and/or distribution system from the long-term customers or medium-term customers, as the case may be, by the transmission licensee or the State Transmission . Utility or distribution licensee as and when so designated in accordance with the regulation 34 hereof and disbursement to the State Transmission Utility and/or the transmission licensees or distribution licensee as the case may be.

(g) Formats for short-term o'pen access.

124 (56) ffcth-1•1~ m, ~ 4 l-!'fcf 2011

43. Redressal Mechanism All disputes arising out of or under these regulations shall be decided by the Commission on an application made on this behalf by the person aggrieved.

44. Information System The nodal agency shall post the following documents / information on its website in a separate web-page titled "Long-term open access, Medium term open access and Short-term open access information":

(a) These regulations;

(b) Connection Agreement and open access agreement;

( c) List of applications where approval for connectivity or long-term open access or medium-term open acce~s or short-term open access, as the case may be, has not been granted during the year along with reasons thereof.

(d) List of applications, separately, for long-term open access, medium term open access and short-term received by the nodal agency whose cases are under process of approval along with necessary details ..

(e) Separate lists for long-term open access , medium-term open access and short-term open access granted indicating-

(i) . Name of customer;

(ii) Period of the r1c:r.ess granted (start date and end date);

(iii)

(iv)

(v) (.~i) Point or points of injection along with voltage level;

Point or points of drawal along with voltage level;

__ , .. .

Transmission systems and/or distrib~ti~n system used 'ff''." .: ' Provid~d furtlien~hat it shall be i1 constant endeavor of the nodal agency to take-ste·ps in·accordance with t'tie requiremenfs herein to provide as much information ·suo · motu · to the p't:Jblic · at regular ,.

-· ?i-.:.,/~ ..

124 (57) intervals through various means of communications, including internet, so that information is disseminated widely and in such form and manner which is easily accessible to the public

45. Repeal and Savings

(1) On commencement of these Regulations, the Chhattisgarh Electricity Regulatory Commission (Intra-State Open Access in Chhattisgarh) Regulations, 2005 and amendments notified shall stand repealed.

(2) Notwithstanding anything contained in Regulation (1), long-term open access granted in accordance with the Chhattisgarh Electricity Regulatory Commission (Intra-State Open Access in Chhattisgarh) Regulations, 2005 shall continue to be valid till the expiry of the term of long-term access.

By order of the Commission, N. K. RUPWANI, Secretary .

124 (58) g:a,fPI~ m, ~ 4 -i::fR 2011 Raipur, the 4th March 2011 No. 36/CSERC/2011. -Section 86(1)(e) of the Electricity Act, 2003 (the Act) mandates the State Commission to promote co-generation and generation of electricity from renewable sources of energy by providing suitable measures for connectivity with the grid and sale of electricity to any person, and also specify, for purchase of electricity from such sources, a percentage of the total consumption of electricity in the area of a distribution licensee.

The National Electricity Policy has emphasized urgent need to promote electricity ..

generation based on such sources of energy. The Tariff ::>olicy also provides that ..__ pursuant to the provisions of section 86(1)(e) of the Act, the SERCs shall fix a minimum percentage for purchase of energy from such sources taking into account availability of such sources in the region and its impact on retail tariffs.

Ministry of New & Renewable Energy (MNRE), Govt. of India has developed conceptual framework for Renewable Energy Certificate (REC) mechanism that will facilitate inter-State transactions bast~d on electricity generation from Renewable Energy (RE) sources which wiil CiiJb!,2 the obligated entities to fulfil their obligation to purchase power gen1:::rat:?d from renewable energy sources and also specified provision of soiar &. non-solar REC. Further, based on the above, Forum of· Regulators (FOR) has circulated model regulations for REC framework to be considered by State Commissions.

Keeping the above in view, the Chhattisgarh State Electricity Regulatory Commission, in exercise of the power vested to the Commission under section 86(1)(e) of the Act read with section 181 of the Act, hereby makes the following regulations regarding renewable purchase obligation and rmplementation of REC framework.

CHHATTISGARH STATE ELECTRICITY REGULATORY COMMISSION , .. · . (RENEWABLE PURCHASE OBLIGATION AND REC FRAMEWORK · IMP:I: .. EMENTATION) REGULATIONS,. 2011 · · ·· '· ·: : 1,., · ·· ,short :Title,' E>Ct\!fit/air10:. Co~mencement;. ..

·1: 1 · ,: • ... · These Regulatitins shrtll be. ca!fod the Chhattisgarh State ·Electricity · ·Regulator;y- tom mission (R€;newable · Purchase Obligation and REC frameworkI111plementation) -Regu!£1tio'ris,·2011.·· .• ·• L2. These.: r;,:egplapons shat! extend to the whole of the State of .

Chhattisgarh.

'·"'/•· . .- ...

.,.

124 (59)

1.3 These Regulations shall come into force from the date of notification in the Chhattisgarh Gazette (Rajpatra).

2. Definitions

2.1 In these Regulations, unless the context otherwise require~:

I. "Act" means the Electricity Act, 2003 (36 of 2003), including amendments thereto;

II. "Captive User" shall have same meaning as defined in rule 3(2) of Electricity Rules 2005;

III. "Central Agency" means the agency as the Central Commission may designate from time to time;

IV. "Central Commission" means the Central Electricity Regulatory Commission referred to in sub-section (1) of section 76 of the Act;

V. "Certificate" means the Renewable Energy Certificate (REC) issued by the Central Agency in accordance with the procedures prescribed by it and under the provisions specified in the Central Electricity Regulatory Commission (Terms and Conditions for recognition and issuance of Renewable Energy Certificate for Renewable Energy Generation) Regulations, 2010;

VI. "Commission" means the Chhattisgarh Electricity Regulatory Commission as referred in subsection (1) of section 82 of the Act;

VII. "Existing RE Project" means the renewable energy project whose date of commercial operation (COD) falls prior to date of notification of these Regulations;

VIII. "Floor p_rice" means. the. minimum pric~ as determined by the Central Com~ission in accordance with Centrai Electricity Regulatory Commission (Terms and· Conditions for recognition and issue of Renewable energy Certificate for Renewable Energy Generation) Regulations, 2010, as. amended from time to time, at and above which the Certificate can be dealt in.the power exchange;

IX. "Forbearance price". means the ceiling. price as determined by the Central Commission in accordance with the Central Electricity Reg.ulatory Commission {Terms and Conditions for recognition and issue of Renewable Energy Certificate for Renewable Energy 124 (60) Generation) Regulations, 2010, as amended from time to time, within which only the Certificate can be dealt in power exchange;

X. ·"New RE Project" means the renewable energy project whose date of commercial operation shall be on or subsequent to the date of notification of these Regulations;

XI. "Power Exchange" means any exchange operating as the power exchange for electricity in terms of the order(s) issued by the Central Commission;

XII. "Obligated Entity" means the distribution licensee(s), user(s) owning captive power plant(s), open access consumer(s) including a open access consumer meeting part of energy from distribution licensee & part through open access in the State of Chhattisgarh, who have to mandatorily comply with renewable purchase obligation under these Regulations subject to fulfilment of conditions outlined under Regulation 3;

XIII. "Quantum of purchase" means the share of el~ctricity from renewable sources required to be purchased by obligated entity(s), expressed on a percentage of its total consumption, as specified in these regulations. The quantum would be the sum of all direct purchase from generating stations based on renewable sources.

XIV. "Renewable Energy Sources" means renewable sources such as hydel, wind, solar, biomass including bagasse, bio fuel cogeneration, urban or municipal waste and such other sources as recognized or approved by MNRE;

XV. "Small Hydel Plant (SHP)" means hydel power station with an installed capacity upto and including 25 MW, which includes mini hydP.I r:1nd micro hydel plants.

XVI. · "State" means the State of Chhattisgarh.

XVII. "State Agency" means the agency designated by theiCommission from".tim'e \to time to act" as the • agency for accreditation and recommending the renewable energy projects for registration and to undertal<e'fur:ittions und-er th~se;·Regulations; · , 'XVIII. ;"Year" mea'ns a financial year-.

124 (61)

2.2 Words and expressions used and not defined in these Regulations but defined in the Act shall have the meanings assigned to them in the Act.

Expressions used herein but not specifically defined in these Regulations or in the Act but defined under any law passed by a legislature and applicable to the electricity industry in the state shall have the meaning assigned to them in such law. Expressions used herein but not specifically defined in the Regulations or in the Act or any Law passed by a competent legislature shall have the meaning as is generally assigned to them in the electricity industry .

3. Obligated Entities and Operating Period:

The minimum percentage as specified under Regulation 4.3 shall be applicable to all Distribution Licensees in the State of Chhattisgarh as well as to open access consumers and captive users within the State of Chhattisgarh, subject to following conditions:

I. Any person who is a captive user (from other than renewable energy based power generating plant) with connected load of 1 MW and above ( or such other capacity as may be stipulated by order( s) of the Commission from time to time); shall be subjected to minimum percentage of Renewable Purchase Obligation (RPO) to the extent of its consumption met through such captive source.

II. Any person having a contract of not less than 1 MW and who consumes electricity procured from other than renewable energy source based power generation through open access as per Section 42(2) of t_he Act or co located shall be subjected to minimum percentage of RPO to the extent of its captive consumption. Energy purchased through open access or through co-located renewable energy source based power generating - plants shall be accounted for energy under RPO.

- III. Any open access consumer who also avails part of its power requirement from distribution licensee shall also be subjected to minimum percentage of RPO to the extent of his consumption met through such open access source.

124 it .. ,

Provided that the Commission may, by order(s), revise the minimum capacity referred to under sub-clause (I) and sub-clause (II) above from time to time.

The RPO framework outlined under these Regulations shall commence from the date of notification of these Regulations and shall generally be applicable until March 31, 2013 (i.e., upto the financial year . 2012-13). The RPO specified for the Financial Year 2012-13 shall be continued beyond 2012-13 till any revision is effected by the Commission in this regard.

4. Quantum of Renewable Purchase Obligation (RPO) for Obligated Entity.

4.1 Licensee(s) shall purchase a minimum percentage of their total consumption of electricity from renewable energy sources, during a financial year in their respective areas of distribution, from the power · stations generating electricity from various renewable sources of energy.

4.2 Similarly, Captive user(s) and Open_ Access consumer(s) coming under the definition of obligated entity shall purchase a minimum percentage of • their total consumption of electricity from renewable energy sources, during a financial year

4.3 The defined minimum percentages of RPO are given below in the Table 1.

Table 1: Minimum quantum of electricity to be procured by · Obligated Entity as percentage of total consumption Year Solar Non Solar Grand Total Biomass Other RE! Total (hydel, wind ' etc) 2010~11 0.25?/o 3.75% 1.00% 4.75% 5 .. 00% , .. ,. : ·, f,-.

, ·,~ :0 ~· ~ f,'.' }? •· ..

. -2011:--12 -,-...... ::..;ol·· .. I :. ;

0.25% .. . 3.75% . 1.25% . 5.00% -,5.25% ;,2012:-'13 ~0;50°,lo a

3.75% ~1.50% 5.25% ·s.75%

4.4 g-ah-l•I~ m, ~ 4 l-Jri;f 2011 124 ( 63)

Provided that subject to the ·overall purchase obligation, the obligated entities may, for sufficient reasons and with the approval of the Commission, vary the percentage of purchase from one or more of renewable sources of energy and make good the shortfall in purchase from one source by purchase from another source only for the year 2010-11. In the subsequent years (after year 2010-11), the obligated entities may make good the shortfall in purchase from one source to another source only within non solar renewable energy sources.

Provided further that such obligation to purchase renewable energy shall be inclusive of the purchases, if any, from renewable energy sources already being made by the obligated entity concerned.

Provided also that the power purchases under the power purchase agreements (PPA) for the purchase of renewable energy sources already entered into by the distribution licensees shall continue to be made till their present validity, even if the total purchases under such agreements exceed the percentage as specified herein above._

Provided further that the Distribution Licensees shall include the plan for procurement of power from RE sources under its long-term power procurement plan to comply with minimum RPO target as stipulated above.

Such purchase shall be made at tariffs determined by the Commission from time to time. Purchase already contracted by the licensees as per the orders of the Commission for biomass-based power plants, small hydel plants or solar power plants in the State shall be reckoned for the purpose of the purchase obligation given above.

4.5 While indicating the quantum of purchase from renewable sources, the distribution licensee(s) shall indicate the sources from which purchase of the specified quantum is planned. The distribution licensee(s) shall as far as possible shall source the proposed quantum of electricity from renewable sources within their respective areas of supply. However, non availability of such sources in . .the distribution licensee's area will ' 4,~., ,.... :. - . ,- ,,... . ~ --. .

not be accepted as a ground for exemption from the purchase 124 (64) m·ilwr~ m, ~ 4 llfi'.f 2011 obligation or for reduction in the quantum required to be purchased as per these regulations.

4.6 Every "Obligated Entity" may meet its RPO target by way of its own generation or procurement of power from RE developer or by way of purchase from other licensee or by way of purchase of Renewable Energy Certificate (REC) or by way of combination of any of the above options.

4. 7 While contracting new sources, priority st:all be given to the date of commercial operation of the generating stations.

4.8 The obligated entity may ensure adequate payment security mechanism for purchase of energy from renewable sources.

4.9 The Commission shall review the purchase obligation from renewable sources of obligated entity(s) after three years. The purchase obligation as under clause 4.3 above shall be valid till it is revised by the Commission.

4.10 Non-compliance of purchase obligation under clause 4.3 shall be treated as a violation of these regulations and punishable under the provisions of Section 142 of the Act.

5. Certificates under the Regulations of the Central Commission

5.1 Subject to the terms and conditions contained in these Regulations, the Certificates issued under the Central Electricity Regulatory Commission's (Terms and Conditions for recognition and issuance of Renewable Energy Certificate for Renewable Energy Generation) Regulations, 2010 shall be the valid instruments for the discharge of the mandatory obligations set out in these Regulations for the obligated entity to purchase electricity from rem~wahlP. P.nP.rgy sources.

Pr_ovided that in the event of the obl_igated entity fulfilling the ren~~able ,p,tir_~~ase obligation by PU[Chas~ of ~ertiflfat~s, the .,., obligati9n;1 !o ... , ,.~urch~se .. electricity_ fror:n g.e.~eratio~~~ ,basJ;d on ·,,, · . • . :. renew.able en~rg\(other tha·h solar can be fulfi!!ed by piJrcnase of "(--':' . ..1t,".r.'-, ....,..,...,..,,_ Vt.,L! ,~, l-'~·••~L·..1~' .J\.J :l_) , ... ~. t,..'.·_,_._.~;-,J,,...,1 'U....IJ'\.~;_., .... J.._, 11t'..J(,_';i/,;::, ·.,' I' _. ,non~~ol~r. cen;ificate~.and the .9bligation, to P,urch9se el~ctricity from ., •'..- • ,·....,, . • . ' . ! ' generation based on solar as renewable energy source can be .. _ X 124 (65) fulfilled by purchase of solar certificates only during the control period except for the year 2010-11.

5.2 Subject to such direction as the Commission may give from time to time, the obligated entity shall act consistent with the Central Electricity Regulatory Commission's (Terms and Conditions for recognition and issuance of Renewable Energy Certificate for Renewable Energy Generation) Regulations, 2010 notified by the Central Commission with regards to the procurement of the certificates for fulfilment of the RPO under these Regulations.

5.3 The photocopy of Renewable Energy Certificates ( duly attested by any charted account) purchased by the obligated entity from the power exchange in terms of the regulations of the Central Commission mentioned in clause 5.1 and 5.2 of these Regulations shall be produced by the obligated entities to the Commission within 15 days of its purchase.

6. State Agency

6.1 An agency designated by the Commission is the State Agency for accreditation and recommending the renewable energy projects for registration shall undertake functions under these Regulations.

6.2 The State Agency shall function in accordance with the directions issued by the Commission and shall act in accordance with the provisions of the Central Electricity Regulatory Commission (Terms and Conditions for recognition and issuance of Renewable Energy Certificate for Renewable Energy Generation) Regulations, 2010.

6.3 The State Agency shall develop suitable protocol for collection of information from various sources such as renewable energy generating companies, obligated entities, SLDC, chief electrical inspector etc., on regular basis and compile such information to compute the compliance of RPO target by such Obligated Entities.

6.4 The summary statement of RE procurement and RPO compliance by different Obligated Entities shall be published by the State Agency on cumulative basis quarterly by'lSth of next month on its website.

124 (66) wt=ilf-PI~ ~, ~ 4 ~ 2011

6.5

6.6

6.7 The State Agency shall submit quarterly status by 15 th of next month to the Commission ir:, respect of compliance of renewable purchase obligation by the obligated entities in the format as stipulated by the Commission and may suggest appropriate action to the Commission, if required, for compliance of the renewable purchase obligation.

The Commission may from time to time fix the remuneration and charges payable to the State Agency by an order for discharge of its functions under these Regulations if required.

If the Commission observes that the State Agency is not able to discharge its functions satisfactorily, it may by general or special order, and by recording reasons in writing, designate any other agency to function as State Agency as it considers appropriate.

Distribution Licensee(s) ...

7.1 Each distribution licensee shall indicate, along with sufficient proof thereof, . the estimated quantum of purchase from renewable energy sources for the ensuing year 1n tariff/ annual performance review petition in accordance witl1 Regulations notified by the Commission.

The estimated quantum of renewable energy purchase shall be in accordance with clause 4.3 of these Regulations of the approved power purchase quantity for the ensuing year(s). In the event of the actual consumption in the license area being different from that approved by the Commission, the RPO in MUs shall be deemed to have been modified in accordance with percentages fixed in clause 4.3 of these Regulations. If the distribution licensee is unable to fulfil the obligation, the shortfall of the specified quantum of that year would be added to the specified quantum for the next year.

7.2 If the distribution licensee fails to fulfil the minimum quantum of purchase from renewable energy sources, it shall be liable for action as per clause 9 of these Regulations.

r~-f:_ ~;',J_-. · · 'is~ - ,Captive,11User(~)raa,d~'Open;,Access .Consumer.(~l·~·,_,.;J e ... , ,·.;-·,• 1J;,,.nr-n hpr:::;,,c;;p r,t ni"ln•;)'1i\Hbl)fHfv c,c ~.,t;.f: .. · pY> .-,~,;.i; • , ,.

··• 8.1 _ T,he quantul)1 of RPO" mentioned in clause 4.3 :of these Regulations shall f be applicable to, c:apt,fve, user(s) arnf open access consumer(s) from the I ....

124 (67) date as would be ::otified in the Official Gazette. Captive user(s) and open access· consumer(s) may fulfil its RPO through the Renewable Energy Certificates as provided in clause 4 above.

8.2 Every Captive user(s) and open access consumer(s) shall have to submit necessary details regarding total consumption of electricity and purchase of energy from renewable sources for fulfilment of RPO on quarterly basis to the State Agency .

. , 8.3 If the Captive user(s) and Open Access consumer(s) are unable to fulfil

the criteria, the shortfall of the targeted quantum would attract compensation as per clause 9 of these Regulations.

Consequences of default

9.1 If an obligated entity does not fulfil the renewable purchase obligation as provided in these Regulations during any year and also does not purchase the RECs, the Commission may direct the Obligated Entity to maintain a separate fund for such amount as the Commission may determine on the basis of the shortfall in units of RPO and the forbearance price decided by the Central Commission.

Provided that the fund so created shall be utilised, as may be directed by the Commission.

Provided that the obligated entities shall not be authorized to use the fund created in pursuance of the above, without prior approval of the Commission.

Provided further that the Commission may empower an officer of the State Agency to procure from the Power ExchangE: the required number of certificates to the extent of the shortfall in the fulfilment of the obligations, out of the amount in the fund.

Provided also that the obligated entity shall be in breach of its RPO Obligation, if it fails to deposit the amount directed by the Commission within specified time from the communication of the direction .

- ........ ~ . Provide<;I that in case of any genuine difficulty in complying with the .~; ~- C"'"" ~ . ~ -.

renewable purchase obligation because of non-availability of power from renewable energy sources or the RECs, the obligated entity can 124 (68) gffifllJ<f: ~, fuajcf) 4 ~ 2011 approach the Commission to carry forward the compliance requirement.

to the next year only.

Provided further that where the Commission has consented to carry forward of compliance requirement, the provision regarding creation of such fund as specified above shall not be applicable.

10. Non Availability of Renewable Energy Certificate

10.1 In the event of non compliance of the RPO by distribution licensees by any of the modalities as specified above as per· the orders of the Commission, from non-solar renewable energy plants or solar power plants in the State, the distribution licensee whose purchase of renewable energy is maximum during the year shall be compensated by other distribution licensees so that percentage of renewable energy consumption by all the distribution licensees functioning in the State become equal.

Explanation - for the pur·pose of this Regulation, the compensation shall mean the sharing of differential of average cost of RE power purchase and average cost of Non RE power purchase of distribution licensee, which is to ·be compensated for the year under consideration calculated as per following example. For the example the year under consideration for RPO has been taken as year 2010-11;

Name of Annual Applicable RE RPO Total 0/o RPO Eq. MUs Shortfall of the energy RPO to be actual actually actual of year for actual licensee . consump met purcha met for RPO 2010- differential purchase of tion of including sed year 2010 purchase 11 met cost RE FY 10- solar & during 11 during for the by end computati considering 11, MUs non solar FY 10- FY 2011- FY 2010· of year on ilctual for FY 10- 11, Mus 12, MUs 11 at the 2011- average 11, MUs end of FY 12 RPO, MUS 2011-12, MUs A B= A*5% C D E= C+D F= E/A G= A* % of H=G-E ,· ("f_E/2A) Licensee -A 15000 750 600 5 605.0 4.0% , 585.5 --19.5 -· Licensee -B 700 35 4 ..

7 11.0 1.60/c ...

27.3 16.3 Licensee -c. -~ 210 10.5 2 .3 5.0 2.4°/c .. 8.2 3.2 Total " 15910 795.5 600 15 621.0 3.9% 621.00 , ,t, ·•" l ... , . ,,, .. :: .. , ~ .. · .•. , - . , . , . • .

Annual energy consumption by tt;iree-licerisees -for-the':.year,, 2010-1 Lis '1'59'f6 Mu's'v(t'o'fa·1 of :three ilcensees-A;· ff"& C). arid tota·1 actu'al RE '· . .

, ,:••. • {_ ~ ..,, .,' ·• • r '\ purchased by all the licensees for the year 2010-11 is 621 MUs i.e.

....

"' " 124 ( 69) together all the licensees have met 3. 9% RPO in the State, where as RPO percentage target for the Year 2010-11 is 5%. Individually licensee-A, B & C could finally make RPO as 4%, 1.6% & 2.4% respectively for the year 2010-11 by all the modes of RE purchase as specified above, which is well below the RPO target.

Though none of licensee could meet the RPO for the year 2010-11, it will be proper that licensee-A, which has procured more than average RPO purchased during the year, should be paid differential cost by other licensee(s) who met RPO lesser than average during the year (3.9%). The sharing obligation will be (-)19.5 MUs for licensee-A,

16.3 MUs for licensee-B and 3.2 MUs for licensee-C. Licensee-B will pay to licensee -A equivalent to 16.3 MUs at the rate of differential of average cost of RE power purchase and average cost of Non RE power purchase by licensee - A for year under consideration i.e. 2010-11.

Similarly licensee-C will pay for 3.2 MUs to licensee-A at the rate of differential of average cost of RE power purchase and average cost of Non RE power purchase by licensee - A for year under consideration i.e. 2010-11.

Further if average cost of RE purchase for the year 2010-11 in respect of distribution licensee- A is Rs. 5.40 per unit and average cost of non RE purchase by distribution licensee- A is Rs. 3. 90 per unit than differential cost will be Rs. 1.50 per unit (5.40-3.90). Licensee- B will pay to licensee -A Rs. 244.83 Lakh (16.3 MU X 1.5 Rs./kWh).

Similarly licensee -C will pay to licensee -A Rs. 47.95 Lakh (3.2 MU X

1.5 Rs./kWh).In case the average cost of RE purchase in respect to licensee-A is iesser than the average cost of non-RE purchase, then no compensation will be payable to licensee-A by licensee-B and licensee-C.

The above payments will be made as per the directions of the Commission and will be considered in Annual Revenue Requirement of concerned licensee.

11 .. , ,P.riority for Gr.id C_onnectiyity1 ... ·,; ,.... , , "7 ,., •• _ · 11.1 Any person- generating electricity from renewable ener.gy sources, irrespective of installed capacity, shall have priority for open access, I i-- 124 (70) connectivity with distribution system or grid as the case may be. On an application from such person, the transmission licensee or distribution licensee shall provide appropriate interconnection • . facilities, as far as feasible, before commissioning of the renewable energy project. Such interconnection shall follow the grid connectivity standards as specified in the Indian Standard Grid Code, State Grid Code and/or the manner prescribed by the Central Electricity Authority.

12. Renewable Energy Pricing

12.1 All the new renewable energy projects commissioned during the Control Period as specified above, shall have an option of following either the tariff structure and other conditions as stipulated in the Chhattisgarh State Electricity Regulatory Commission (Terms and Conditions for determination of generation tariff and related matters for electricity generated by plants based on non conventional sources of energy) Regulations, 2008 and its review/amendments from time to time and/or adopt the REC mechanism for pricing of the electricity generated from the project.

Provided that such a renewable energy generating plant having entered into a power purchase agreement for sale of electricity at a preferential tariff shall not, in case of premature termination of the agreement, be eligible for participating in the Renewable Energy Certificate (REC) scheme for a period of three years from the date of termination of such agreement or till the scheduled dntP of expi, y of power purchase agreement whichever is earlier, if any ;.,. .. ' ~._,, order or ruling is found to have been passed by an Appropriate Commission_ or a competent court against the generating company .. -•,, ·~fi -,~- . . .· ... ·,, . " . . .':,. J, • ·;... • for material breach of the terms and conditions of the said power .. ,· •• . f;! ,,:-- ·purchase, ag·reement. · . .··v:-. ' Prf>Videlthat such projects that op_t for either preferential tariff or . ~ • ., .,;., .• ,.,'·"~·tott• ~- ,.,.,,;.·_.,r - ... :_., .... -r~~••v; .Jr~::,~___:_:_~~~·,..,,,,,_,~ --~~~ .. ·J<S.J,..r .. 4\',•4'~·~:~• . .;., ~-,) --~ ::. ·r:, "'.(, • ·· ~~E~ meGl,anisrp o·r the· mix t_here·~of, ·shall have 1to~c6ntinue with the ~~•-. < ',.~;:,,t:1\r ..r.tc._ ••":':r•/'"',"'-,..-.,_'.· 1· ••-- •-· .,.,. ...... ,;~ .,, .... ~. •.:,.o-•w• ,·.• selected pricing mechanism for the e,:itire Tariff Pe'f-iod or until '! ;\ ~: • -.::: " :•' :,;_ -:~ :;--~.. . .,•. r~ ... . . . . !) .. . - . .. _, : . ·. ·.

validity: ot:PPA:· whichever is later, as 6otli~ed 'under- Chhattisgarh le State Electricity Regulatory Commission (Terms and Conditions for determination of generation tariff and related matters for electricity generated by plants based on non-conventional sources of energy) Regulations, 2008 and its review/amendments from time to time.

Provided further that such new renewable energy project shall exercise its choice for selection of appropriate Pricing Mechanism prior to execution of the PPA with distribution licensee or with open access consumer, as the case may be.

12.2 The REC mechanism entails pricing of two components, namely, electricity component and renewable energy component or REC component representing environmental attributes of renewable energy generation. For the purpose of the Operating Period from FY 2010-11 to FY 2012-13, the effective electricity component price for the year shall be equivalent to Pooled Cost of power purchase excluding renewable energy -of the host Utility for the previous year in whose area of jurisdiction such RE generation project is situated, whereas, the price of RECs shall be as discovered in the Power Exchange.

Explanation - for the purpose of this Regulation, "Pooled Cost of Power Purchase□ means the weighted average pooled price at which the distribution licensee has purchased the electricity including cost of self generation, if any, in the previous year from all the long-term and short-term energy suppliers, but excluding those based on renewable energy sources, as the case may be.

Provided that the Central Commission may, in consultation with the Central Agency and Forum of Regulators, from time to time provide for the floor price and forbearance price separately for solar and non-solar RECs (renewable energy component);

Provided further that, with the progressive development of the electricity sector, the pricing methodologies for Electricity component and REC shall be reviewed at periodic intervals as may be considered by the appropriate Commission.

124 (72)

12.3 Tariff rate, tariff structure and other conditions for existing renewable energy project(s) have already been covered under respective renewable . energy Tariff Orders issued by the Commission and the same shall continue to be operative as amended from time to time during the Operating Period, FY 2010- 11 to FY 2012-13.

12.4 The consumers procuring power from RE sources through open access route shall be required to pay cross-subsidy surcharge as per condition of the open access regulations as specified by the Commission. However, no banking facility shall be provided for supply (third party sale) from renewable energy sources through open access.

13. Power to remove difficulties The Commission may either suo motu or on an application from any person, review these regulations and pass appropriate orders to remove any difficulty in exercising the provisions of these regulations.

14. Power to Amend The Commission may from time to time add, vary, alter, modify or amend, in provisions of these regulations and pass appropriate orders.

15. Repeal After issuance of these regulations the previous regulations namely Ctihattisgarh State Electricity Regulatory Commission (Procurement of Power frorr,i r~newable sources of energy by distribution licensees) Regulations, •'i'\. '; •... . • ' ' . • -: ~ >. ' 2998 shall stand, iepeafod automatically. However Power Procurement . . - . ~. .. : ~ \ .. - ' . . ' , ..

Agreement(s) already executed as per previous Regulations of 2008 shall be . . .·' .. , ~ ~-· ". .. ·.: . ·-- . - ' . further governed by these Regulations.

By order of t~e Commission, . ' ~: ; :· ,··•,N. ~-~ 8UP.'JVANI, Secretary.

. . ~ ...

_:._':

' j ., .

wa'h-1•1~ m, ~ 4 -qr-cf 2011 124 (73) Raipur , the 4th March 2011 No. 38/CSERC/2011. - In exercise of the powers vested in the Commission under the provisions of sub- sections (5), (6) and (7) of Section 42 read with clauses (r) and (s) of sub-section (2) of Section 181 of the Electricity Act, 2003 (36 of 2003) (the Act), and in pursuance of the provisions of Electricity Rules, 2005, as amended, the Chhattisgarh State Electricity Regulatory Commission had notified the regulations namely Chhattisgarh State Electricity Regulatory Commission (Redressal of grievances of consumers) Regulations, 2007 on 22nd December, 2007. Forum of Regulators (FOR) constituted under section 166 (2) of the Act has now prepared and circulated draft of the model regulations for protection of consumer interest. Considering the difficulties experienced and the provisions made in the abovesaid draft of model regulations, for the purpose of bringing improvement in mechanism for redressal of grievances of consumers, the Commission hereby makes the following regulations providing for guidelines to the licensees in the State of Chhattisgarh for setting up a comprehensive system of redressal of consumers' grievances, including setting up of Forums for Redressal of Grievances, appointment of Electricity Ombudsman by the Commission, and the procedure to be followed for redressal of grievances by the Forums and Electricity Ombudsman, and for matters incidental and ancillary thereto. These regulations shall supersede the earlier regulations on the subject notified by the Commission on 22nd December, 2007.

Chhattisgarh State Electricity Regulatory Commission (Redressal of grievances of consumers) Regulations, 2011

CHAPTER 1: SHORT TITLE AND COMMENCEMENT Short Title and Commencement

1. These regulations shall be called the Chhattisgarh State Electricity Regulatory Commission (Redressal of grievances of consumers) Regulations, 2011.

2. These. regulations shall be applicable to all distribution licensees in Chhattisgarh in their respective licensed areas.

3. These shall come into force from the date of their publication in Chhattisgarh Rajpatra.

124 (74 i Definition 4(1) In these regulations, unless the context otherwise requires:

(a) "Act" means the Electricity Act, 2003 (No. 36 of 2003) and its amendments;

· (b) "Aggrieved person" or "complainant" means and includes the following who have a grievance or a complaint as defined in (e) belovy:

(i)

(ii) a consumer as defined under clause (15) of section 2 of the Act;

an applicant for a new electricity connection;

(iii) any association or group of consumers, wliere the consumers have common or similar interests; and

(iv) in case of death of a consumer, his legal heir(s) or representative(s).; . . .

(d} "Commission" means the Chhattisgarh State Electricity Regulatory Commission constituted under section 82 of the Act.

(e) "Grievance" or "Complaint" means a grievance or complaint regarding any of the following:

(i) Interruption in power supply;

(ii) voltage related complaints;

(iii). load shedding (unscheduled outage);

(iv)·. meter reading related complaints;

(v) electricity bill related complaints not relating to unauthorized use and theft of electricity covered under sections 126 and 135 of the Act;

(vi) disconnection and reconnection of power supply;

(vii) delay in release of new connection;

(viii} non-achiav~nt of standards·· of performance as laid down by the Com~1:rord~tribution licensees and payment of compensation there of;

and

(ix) any other grievances refating to damage to consumer's equipment / network I premises: requests for reduction/ · enhancement in load l demand; non payment of- interest on security deposit or recovery of .excessive charges for ·· any services; etc. .

@ffiffll~ m, ft;-ricfl 4 -qr,:f 2011 124 (75)

(f) "Forum" means a forum for redressal of grievances of consumers', constituted by each licensee in terms of sub-section (5) of section 42 of the Act.

(g) "Licensee" in these Regulations means a distribution licensee and shall include Chhattisgarh. State Power Distribution Co. Ltd.

(h) "Ombudsman (Lokpal)" means an authority appointed or designated by the Commission, under sub-section (6) of Section 42 of the Act.

(i) "Rules" means the Electricity Rues, 2005 as amended from time to time.

4(2) Words and expressions used in these regulations but not defined above shall have the same meaning as in the Act or in the CSERC (Conduct of Business) Regulations,

2009.

CHAPTER 2: REDRESSAL OF CONSUMER GRIEVANCES: INSTITUTIONAL MECHANISM CONSUMERS' RIGHTS AND GRIEVANCE REDRESSAL

5. Every consumer of the licensee is entitled to the most economic and efficient service confirming to the standards · 1aid down by the Commission in CSERC (Standards of performance in distribution of electricity) Regulations, 2006 and as amended from time to time.

6. The licensee shall make effective use of Information Technology (IT) for redressal of consumer grievances. It shall also set up assistance / call centres at major consumer centres for centralised receipt and monitoring of redressal of consumer's complaints/ grievances and for general assistance to consumers, with the help of IT.

7. · For expeditious resolutions of problems of complainant if any mechanism is existing within the licensee, other than Forum established under these regulations, may be retained.

·Forum for ~edr~ssal of.Con,s.umers' Grievances (Forum)

8. · · Every licensee,·aShall. within six months.from the date of grant of distribution licence, establish, in terms of sub-section 5 of section 42 of the Act, one or more Forum(s) for .redressal of. grievances_ p~ c~ns4rners in accordance with these regulations, with the approval of the. Co.mrnission. . . . ·.. ; . ' .

9. The number of Forums, ·their locations and.Jtle area of their jurisdiction may be decided by the licensee, with the approval of the Commission.

124 (76) Constitution of the Forum, appointment of members, tenure

10. The Forum shall consist of not more than three members of which two may be appointed by the licensee and one independent member may be nominated by the Commission. The members of Forum shall be persons of experience, ability, integrity and repute. The composition of the Forum shall be as following:

(a) A maximum of two full-time members may be appointed by the licensee from out of

(i) the following:- A Senior working / retired officer of the licensee who possess a degree in Electrical Engineering and have at least 20 years' experience in the field of distribution of electricity; ar,d

(ii) A working / retired officer of the licensee, having at least 15 years experience in finance/accounts/legal matters / engineering in the electricity sector.

The Commission shall verify to its satisfaction the eligibility criteria of the members mentioned (i) and (ii) above.

(b) One independent member to be nominated by the Commission who may be a representative of consumer as·sociation/ Non-Govt. Organisation actively engaged in consumer advocacy, or a person familiar with consumer affairs. However, he should not have worked as employee/officer of the licensee concerned at least two years prior t_o his nomination.

11. (a) The member(s) at 1 0(a)(i) and 1 0(a)(ii) above shall be appointed by the licensee for a period of 2 years which can be extended for the further period upto two years. These members shall not be replaced during this period, except with the prior approval of the Commission. However in case of regular employee of the licensee, he will demit office of Forum from the date of his superannuation from the service of licensee.

The age of any member at the time of appointment should not be more thap 63 years, and can work up to the age of maximum 65 years. The member of Forum at 10(b) may be a part time member and shall be nominated by the Commission for a period of two years.

(b) The members of the Forum appointed by the licensee shall not hold any other office, during their tenure iri the Forum.

...

12.

124 (77)

(c) A member may be removed from his office by the appointing/nominating authority, if i. he is adjudged an insolvent; or ii. he is convicted of an offence which involves moral turpitude; or iii. he has become physically or mentally incapable of acting as member; or iv. having acquired such financial or other interest which is likely to affect prejudicially his functioning as a member; or V.

vi.

has abused his position so that his continuance in office is considered prejudicial to the public interest; or has been guilty of misbehaviour, or vii. has been negligent to his duties and/or not attending to the work of the Forum, without any valid reason.

(d) No member of the Forum as at Regulation 1 0(a) and 1 0(b) shall be removed from his office on the grounds _specified in (iv) to (vii) of sub clause (c) above, except on the recommendation of the Ombudsman on an enquiry conducted by him on the request of the licensee and/or on the direction of the Commission. In case of the member nominated by the Commission as at Regulation 10(b), the enquiry shall be conducted by the Ombudsman only on the direction of the Commission.

(e) Any member of the Forum (other than the regular employee of licensee) may relinquish office by giving in writing to its employer / nominating authority a notice of not less than one month.

On occurrence of any vacancy in the Forum for any reason, the licensee shall take action to fill up the vacancy withi~ a month of the date of occurrence of the vacancy.

Procedure before the Forum

13. The quorum for meeting of the Forum shall be two, and each member shall have one vote and in case of equality of votes on any issue, the chairperson shall have a casting vote.

14. All decisions of the Forum shall, as far as possible, be unanimous or be ~n the basis of decision by majority of the members present.

15. No act or proceeding of the Forum shall be deemed to be invalid by reason-only of some defect in the constitution of the Forum or by reason of the existence of a vacancy among its members.

124 (78) Process for submission of grievance before Forum

16. Grievances/complaints may be submitted to the Forum by the aggrieved person(s) either in person or by post. The Forum shall maintain true and correct record of all complaints received by it.

17. To facilitate the consumers the licensee may establish a "complaint receiving and redressal centre" at O&M I city circle level, by nominating an officer as nodal officer, The complaint / grievances meant for Forum may also be collected at these centres, and acknowledgment issued to complainant. The complaints / grievances shall be forwarded by the nodal officer to the respective Forum at least once in a week i.e.

within maximum period of seven days. In the mean time nodal officer also shall endeavour to resolve the grievance of the consumer by contacting the respective officer(s) of the utility. The complainant shall have right to approach Forum directly.

18. A complaint/grievance may be submitted to the Forum in writing in a plain paper containing the following informations: - (i) Name and full postal address, telephone / mobile number of aggrieved person, (ii) centre / office of licensee with which the grievance is related, (iii) type of electrical connection and connection number,

(iv)details of grievance(s), (v) nature of relief sought (vi) declaration that the complaint is not pending before any other Commission / other Forum, court, etc. and

(vii)signature of the aggrieved person.

19. The office of the Forum /complaint receiving and redressal centre shall issue acknowledgment of the receipt of the grievance/complaint to the person presenting it in person at the time of presenting the. grievance/complaint, or by post if complaint is received by post, indicating the receipt number and date of receipt. An acknowledgement sent by post, shall be sent withi~ two working days.

Limitation / precondition for submission of grievances to Forum

20.

21.

In case of billing complaints the Forum may receive only such complaints, where the disputed amount is more than Rs.1,000/ (excluding cases where the disputed ' . .. ; . . - . - -~. .., ' amou_nt is due to arithmetical or clerical errors),in case of HT/LT industrial and non- , - • . '.I ' ... . ~ .-· • ;,. ...~. . : ., " domestic consumers., and where the disputed amount is more than . Rs. 500/-, ' ·., t' • , (excluding cas.es where the disputed amount is due to arithmetical ·or clerical errors) . in cas~-df aomestic / agriculture and agriculture allied c..,onsur:ners:'

•• ; •• <.. •• ·:'.or:;,;., ,"~~'!"J .. :~, , .•. :.:-~:· ;-.,,--. ·, ,' ~ . The Forum shall take up all consumer grievances for redressal except those · pertaining'to:-

(i) Adjudication of'· the disputes between the·: ~ii~e~se~s and generating ,·:..: ,. ) . ··.1; .. '.

companies.

"' ,.

124 (79)

(ii) unauthorised use of electricity as defined in section 126 and 127 of the Act;

(iii) offences and penalties under section 135 to 139 and 152 of the Act; and

(iv) accidents and inquiries as specified under section 161 of the Act unless authorised by the State Government by general/special order.

Explanation:

Filing of a grievance before a Forum shall not in any way prejudice the right of a consumer to seek relief/compensation under section 57 of the Act.

22. The Forum shall not take up cases where proceedings in respect of the same matter and between the same aggrieved person and the licensee, are pending before any court, tribunal, Commission, arbitrator or any other competent authority, or in respect of which a decree or award or a final order has already been passed by any such court, tribunal, Commission, arbitrator or authority.

Investigation and hearing process by Forum

23. (a)

(b) On receipt of a grievance the Forum should register it, allot and convey the registration number to the complainant within two working days of the receipt of the grievance. The Forum should first satisfy itself if a grievance is prima facie made out. If, it is found that there is a grievance, which needs to be redressed, it will not reject any application only on technical grounds. In case it is found that the complaint is frivolous or prima facie without substance, the Forum shall send a reply to the complainant indicating reasons for not considering the complaint / grievance within four working days from the date of receipt of the complaint. The consumer may, however, be given an opportunity of being heard subsequently, if complainant so desires.

A notice along with a copy of complaint shall be issued by the Forum within three days of the receipt of the grievance to the concerned officer of the licensee, asking him to send his point wise reply by a day not later than fifteen working days from the date of issue of the notice, as to (i) whether the grievance can be redressed by him and (ii) if it can not be redressed, the reasons thereof.

(c) The Forum can call the officer concerned of licensee for discussion in suitable -case(s), in order to seek redressal of the grievance filed before it. In case the ' matter is settled in discussion, it may be recorded as a decision and conveyed to the complainant and the licensee.

' .

124 ( 80)

(d)

(e) In case the Forum comes to the conclusion that the complainant and the concerned officer of the licensee are required to be heard for redressal of the grievance, it shall call the- complainant and the concerned officer with the details of the case and documents, if any, as may be necessary.

(i)

(ii) If the concerned officer of the licensee, on receipt of a copy of the complaint referred to him under Regulation 23 (b) above, fails to take any action or submit reply, within the time given by it, the Forum may proceed to settle the grievance ex-parte on the basis of evidence brought before it by the aggrieved person.

In case of default in attendance in course of the proceedings, the Forum may proceed to settle the grievance on the basis of evidence submitted to it by the aggrieved person and the concerned officer of the licensee up to that time.

(f) No adjournment shall ordinarily be granted by the Forum unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the Forum; If the aggrieved person fails to appear on the date of hearing, the Forum may either dismiss the complaint in default or decide it on merits ex-parte. In case of non-appearance of representative/official of licensee on the date of hearing the Forum may decide it on merits ex-parte.

(g) The Forum may allow any association of consumers to file complaints on behalf of the consumer(s).The Forum may permit a representative of any consumer association / NGO dealing with consumer issues to remain present during hearings of any complaint by a consumer.

(h) It is not necessary for the aggrieved person/complainant to take assistance from an advocate. The complainant can plead its case itself or can take assistance of any person, which may include an advocate, or an association/society of which it is a member; or an NGO, for putting forth its case before the Forum. The complainant can take back its complaint at any .

stage of proceedings of case.

(i) The· time_ limit for disposal of a complaint/redressal of grievance shall be forty five ~ay: of it~- registratio~·- The F~rum- sh~II en;Jte that thEttinie limit for •-vrv.~· ::i,, 9:' 'I" ..... ,. ,.· ,., ~!'""."''! ·,-·r.., ~ ,•·.,:,.· ~;;~ ~i:~ ~//·-·. --•,~1 / ...,~,,.~ • "disposal of a complaint is· adhejed t~ .. In c_ase of del~y' in any" case, the El~~t,ri~ity Ombudsman shall be informed by- Foru~➔~i~~inlttff{easons in .

·:·· .,, detailJor.ttie·delay. .: ·,.: :'h :: ::~Wn· :· ·< ,.;, .. /'(_,·., ·' '.'' U) ~i ~--.~;i>,s"; ·)~:~ ~ ;~- ~> .. · .. ,. . ? _,,; .'-:.•"':"'{ .; -~.. .. -~, .. ~· .. :• ' _.; ~ The F6r_ufn ·may ·call for any record 'from the respondent party or from the ." •• ••: •, ;: • ,/,' • •:~•~$ •, •,?;.. j,. •~ • t.J, ••:,;.,., .... •~i,{~_1,t?",: ,• } ,_,,~•,w•},,. ~: ' •, • ·co'mplainaht, as is relevant for examination·ahd disposal of the grievance and ~ . ,,. : .' ''•~ , .. , -~ ;J. t,;,r ·,. .•: .•; ',: : ., "'.-' ...

both the . parties shali be under. obligatidn. ·tc{. prgvide such ·information, ., ,, < " • Ill • • 124(81) document or record as the Forum may call for. Where a party fails to furnish such information, document or record and the Forum is satisfied that the party in possession of the record is withholding it deliberately, it may draw an adverse inference.

(k) The Forum may ask the concerned officer of the licensee to undertake an inspection or engage a third party to undertake an inspection, as may be required, for expeditious redressal of the grievance. The Forum _can also engage a third party (other than the licensee) at the instance and request of the aggrieved person, to undertake inspection and obtain an independent report. The Forum shall record the reasons for the need for such third party inspection, which should generally be resorted to rarely and keeping in view the special circumstances of a case. The expenses of such third party inspection, except expenses of inspection at the request of the aggrieved person, shall be borne by the licensee, and to the extent reasonable and justifiable· such expenses shall be allowed in the determination of tariff in accordance with the relevant Regulations of the Commission. In case, inspection is taken up at the request of the aggrieved person, the expenses shall be deposited in advance by him, which may or may not be refunded by the Forum depending on the complaint being found to be of substance or not.

If considered necessary, the Forum may inspect the electrical installation of consumer or licensee, and record the findings of such inspections.

(I)

(m)_ The language of the proceedings of the Forum shall normally be Hindi.

The Forum shall not be bound to follow the procedure prescribed in the Civil Procedure Code, 1908 (Act 5 of 1908) or the Indian Evidence Act, 1872 (1 of 1872) in its proceedings. Subject to these Regulations the Forum may evolve procedures conforming to the principles of fair play and justice for efficient discharge of its functions .

24. The Forum may consult the higher authorities of the distribution licensee for settlement of any grievance, if required in any case.

Issue of order

25. The order of Forum should be consistent with provisions of the Act, Rules, Regulations and Codes notified by the Commission from time to time. It should be ensured that the orders issued by the Forum are clear, speaking, unambiguous and consistent with the provisions-of the Act, Rules and Regulations and Codes issued by the Commission.

124 (82)

26. On receipt of the comments from the Licensee or otherwise and after conducting or having such inquiry or local inspection conducted as the Forum may consider necessary, and after according reasonable opportunity of hearing to the parties, the Forum shall take a decision by a majority of votes of the members of the Forum present, and in the event of equality of votes, the Chairperson shall have the second and casting vote:

If, after the completion of the -proceedings, the Forum is satisfied after voting that any of the allegations contained in the grievance are correct, it shall issue an order to the lo., Distribution Licensee directing it to do one or more of the following things in a time •- bound manner, namely - .._ . I:

,'~} .

',, _:.;,- • 'J, .• l ·• ~;?,

27.

a) to remove the cause of grievance in question;

b) to return to the Complainant the undue charges collected by the licensee.

Forum may also direct licensee to pay the interest at the rate the licensee is required to pay interest to the consumers on the security deposited by the consumers with the licensee as per the relevant regulations of the Commission;

c) any other order, deemed appropriate H1 the facts and circumstances of the case .

Every proceeding shall be recorded. Decision given by the Forum shall be a reasoned order- and signed by the members conducting the proceedings. The order may specify the time periodwithinwhich it is to be complied by the concerned officer of the licensee.

In case, Forum is convinced that the complainant is entitled for receipt of compensation related to non fulfillment of standards of performance by the licensee ~s . per the .CSERC (Standards of· Performance in. distribution . of electricity) Regulations,.2006 and its amendment(s) / revision from time to time .then on request of the complainant, the Forum in ·its order may .ask the distribution licensee. to pay suitable compensation to the complainant as per provision(s) in above Regulations.

The :Forum shall send' the. copy of the order to the: aggrieved person, ·to. the :'-". ''.·:•·".\·" . · ,,_~:.'··: . "•. ·•· . concerned ·affidefr··bf· ifte~l:censee· ·an'd,·10 the·· next•· higher ·authority :of the· officer .Special,,provision," Interim, ordf!r, Reyiew of; <>r:der.

~---· •'!:•~ , •29.-t.:.,i,.,.".;The:·F.arum,rhayraiso,is_s.ue:interini orders on theTequestof:the aggrieved person, as jJ • . . , :. "'·~ . -.... ,' .,· i' 1r.i,.._ . .: •. ~·-· • _.•._,.Ji-, . ~- :~. . . •. ·.• :· .. . •. .

\<'·. ':-1/1;r,,.Ji;•,.J.'...f~.,._"'j!t,, .. ;~"~0~·/\_~ ,,,.,it c6nsiders,appropriate/ pending: finai:c!ispo.,:;al · .ofi:the"complaint. ''."'. ;:,,·; -,2;

.•. ' .. ·, .:..· . , ~·. ~ ' . - . .

• • 124 (83)

30. The Forum may review its order suo motu, at any time on account of mistake or error apparent on the face of the record and on the application of any of the parties to the original proceedings within 30 days of the order on the following grounds:

(i) Discovery of new and important matter or evidence which, after the exercise of due diligence was not within the knowledge of the person seeking the review or could not be produced by it at the time the order was made; or

(ii)

(iii) On ac·count of improper interpretation of provisions of the Act/ Rules or Regulations / Codes notified by the Commission.

Any other sufficient reason.

Duty of licensee to ensure compliance of order(s) of the Forum

31. The concerned officer of the licensee shall comply with and implement the orders of the Forum within the period specified therein. In the absence of any such time limit, considering the nature of the case, compliance shall be ensured within the period of 30 days. In appropriate cases, considering the nature of case, the Forum, on the request of the aggrieved person/licensee may extend the period for compliance of its order up to a maximum period of 3 months. Non-compliance of the order of the Forum shall be treated as violation of Regulations of the Commission and shall be liable for action under secti~n 142 of the Act. The Commission upon information received from Forum or any complaint regarding non compliance of order {s) -of Forum filed by affected person may proceed under section 142 of the Act.

Repc;,rting compliance of order

32. The concerned officer of the licensee shall furnish compliance report of the order of

33.

· the Forum Within seven days from the date of compliance, to the Forum, to the · coniplainant·and also to __ his next superior officer to whom copy of the order was endorsed by the Forum ..

The Forum shall keep recor_d of the compliance of its orders and review the same and ·shall-submit report in this·.regard to Electricity Ombudsman every month. ·ln·case of non-compliance of its orders the F.orum shc!II take up matter with the higher - authorities of the licensee for compliance. If ~ven after that the order is not complied with, the Forum shall inform the Commission regarding such non-compliance.

the 'Forum shall submit a·· quarterly· -·report of-. disposai of grievances along with ·. ,.

1 compliance·of.order to the licensee, the Ombudsman -and the_-Commission, in the - ~ . . . - ··form, as: may .be prescribed ;by t~e Commission. The report -should .be ,sµbmitted . _ ,·. ', -F. . . .

within 15 days of the close of the quarter to which it relates. This report will ·be in 124 (84) <&-cth-111ct m, ~ 4 l-fTi'f 2011 addition to the report required to be sent by the Forum to the Ombudsman / Commission under Regulation 33.

35. The Forum shall also furnish a yearly report containing a general review of activities of the Forum during the calendar year to the licensee, Commission and Ombudsman.

The report should be submitted within 30 days of close of the calendar year to which it relates.

General

36. The chairperson shall have the general powers of superintendence and control over the Forum.

37. The Forum shall comply with such general directions as the Commission may issue from time to time in the interest of more efficient and effective redressal of grievances. Forum can also approach Commission regarding interpretation of regulations I codes notified and applicability of tariff in tariff order(s) issued by the Cqmmission.

38. The licensee shall from time to time give due publicity about the Forum. and its charter through advertisement in widely circulated local newspapers and in such other manner as it considers appropriate and as the Commission may direct, from time to time. The names of the members of the. Forum, their addresses and p_hone numbers shall be displayed prominently at all the offices of the licensee which has interface with consumers and shall also be duly published, including on the electricity bills raised on the consumers.

39. The Forum is an institutional mechanism created by the licensee for redressal of the grievances of its consumers. It is, therefore, the responsibility of the licensee to empower it and take necessary measures to make it effective in the interest of its consumers. The licensee shall ensure that necessary instructions are issued to all concerned officers sensitising them about the Forum and its functions, and about their duty to comply with its orders promptly.

40. The licensee shall provide required supporting staff and appropriate office accommodation to the Forum.

41. The. salary or honorarium and other allowances payable to the members shall be :ch;~g-ed to·the·licerisee who·shall be responsible for timely and'regular pa"yment.

· · l~ r,, ' '"b "' .. ,; 1 ·'•· -"'

42. The licensee shall meet all the costs and expenses of the Forum including the cost of "r ! • ,' ! •· - • ~I • , • '. ••,,~,; •.• ....... , '. '. ~ • ' . .., establishment and staff requi-ne'd to assist the ·Forum in the discharge of its functions . ' ' ,.-. •, . •. . . . t . 1 . :"' . . .

u11~er th,e~e re~ul_ation-s_. , - - •- : ' -. . . .

43. · ,The expenditure on the,Forun:,(s) will be considered in the revenue requirement of the license~ and wiWb_e allqwed_,as a pass through exp~nse.

. ....

.) , • • 124 (85)

CHAPTER 3: OMBUDSMAN (LOKPAL) Appointment, qualification, tenure of Ombudsman

44. The Commission may, from time to time, appoint or otherwise designate such person, as it considers appropriate, as Ombudsman under sub section (6) of Section 42 of the Act read with rule 7 of the Rules.

45.

46.

The Commission shall appoint or designate an Ombudsman for the State of Chhattisgarh .

The Ombudsman shall be a person of experience, ability, integrity and repute. The Ombudsman shall be selected from amongst persons who have experience and exposure in any of the fields, such as legal affairs, engineering, industry, administration, management, defence services and consumer affairs, of not less than 20 years. The age of the person to be appointed as Ombudsman should not exceed sixty-three years at the time of first appointment, and can work upto age of maximum 65 years.

47. The Commission shall invite applications through public advertisement for appointment of the Ombudsman. The Commission shall form a selection committee for selecting the Ombudsman from all the applications received.

48. The Ombudsman appointed shall remain in office for a period of two years from the date he assumes office. The period of appointment may be extended beyond two years for a period upto two years at the discretion of the Commission.

49. The Ombudsman may relinquish office by giving in writing to the Commission a notice of not less than one month.

50.

51.

The Ombudsman shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (No. 45 of 1860) .

The Ombudsman may be paid fixed fees or honorarium as may be decided by the Commission from time to time.

52. Where the Commission is satisfied that in the public interest, it is necessary to remove a person from the post of Ombudsman, the Commission may by giving one month's notice or by paying one month's consolidated fees or honorarium in lieu thereof,. remove such person, if such person:

(i) has been adjudged an insolvent; or

(ii) has been convicted of an offence which involves moral turpitude; or

(iii) has become physically or mentally incapable of acting as Ombudsman; or 124 (86)

(iv) has acquired such financial or other interest as is likely to affect prejudicially his functionining as Ombudsman; or

(v) has so abused his position as to render his continuance in office prejudicial to the public interest; or

(vi) has been guilty of misbehaviour, or

(vii) has been negligent to his duties and/or not been attending office, without furnishing any valid reason.

Provided that no person shall be removed from office on any ground specified in clauses (iv),(v),(vi) & (vii) above unless the Commission has, on an inquiry held by it, concluded that the person ought to be removed on such ground or grounds.

Representation / appeal to the Ombudsman

53. An aggrieved person other than licensee not satisfied with the order of the Forum may make a representation to the Ombudsman within a period of forty five days from the date of receipt of such order.

Provided that, the Ombudsman may entertain a representation after the expiry of the said period of forty five days if he is satisfied that there is sufficient cause for not filing it within that period.

54. The Ombudsman shall' not admit for consideration any representation if the subject matter of the representation is under consideration in a proceeding before the Commission, Appellate Tribunal for Electricity established under section 11 O of the Act, or any court of law.

55. If the representation to the Ombudsman concerns payment of any bill raised by the licensee, it shall not be accepted unless the person making the representation has deposited with the licensee at least one third of the amount required to be paid by . . " , him in terms of the order of Forum.

56. . ~ rep~esentation _m~~e to the .Ombudsman shall - ' .'' .. ' ';,.

· -_ ·, (a) ,be:i!1 writing ·and;signed by the person making it,.-- " . ., , :(b)' - . gi"v~ · the h~m·e?afid address of the aggrieved persoh, ·along i,th tJTeph6~e, - -1 ,• . ...-:• ·/ \(:

mobile.no.,· . .

(c) contain the details of the complaint inclJ8irig copy cit ttie·bid~i-f>f'the Fo~um, ' • • ~. ' ' . . . :~ '-t ,- . -~~ .

. ·(d) .:; -.· :contain• a declaratiori:to the,effect that. the subject,matterco"f the representation ' ~ .

' -, ' ' , . -,- ' . :·· .... - . ,::-.

. is. not · under · consideration .·. <in.· -. any-r;.;i proceeding before the . .Gommission/Apf?ellate Tribunal for Electricity or a·ny. ~ourt of law.

I ,,, . • , -~ .- • 0tih=111~ m, ~ 4 ~ 2011 124 (87)

57. The office of the Ombudsman shall acknowledge receipt of the representation in the following manner:-

58.

i) If the representation is delivered personally, immediately on submission; and ii) If the representation is received through post or courier, within two working days.

(1) The Ombudsman may at any time ask an aggrieved person making a representation -

(a) to provide further information or documents; or

(b) to verify all or any part of the representation on affidavit.

Provided further that the Ombudsman shall allow a reasonable period of time for compliance with the above requirements.

(2) The Ombudsman may permit the aggrieved person to plead his case himself or take the assistance df any person which may include an advocate or an association/society of which he is a member, or an NGO for putting forth his case

59. An aggrieved person may withdraw his representation at any time by making an application to the Ombudsman in writing for such withdrawal. The withdrawal shall take effect only when the Ombudsman agrees to such withdrawal.

Promotion of settlement by agreement

60. As soon as practicable to do so, but not later than one week from the date of receipt of a representation, the Ombudsman shall serve a notice to the concerned officer of the licensee along with a copy of the representation.

61. In suitable cases, the Ombudsman may endeavour to promote a settlement of the grievance through conciliation or mediation and in doing so, the Ombudsman may follow such procedure, as he considers appropriate.

Hearing of representation by Ombudsman

62. After registering the representation, the Ombudsman, within seven days of registration, shall call for records .,relating to the representation from the concerned Forum. The concerned Forum shall send the entire records within 3 days from the date of receipt of such notice to the office of the Ombudsman.

124 (88) -Jrll-l-lllit m, ~ 4 ~ 2011

63. No adjournment shall ordinarily be granted by the Ombudsman unless sufficient cause is shown and the reasons. for grant of adjournment have been recorded in writing by the Ombudsman; provided further that the Ombudsman shall make such orders as to the cost occasioned by the adjournment to be paid by the defaulting party to the non-defaulting party.

64. Subject to the provisions of the Act and these Regulations, the Ombudsman's decision whether a representation is fit and proper for being considered by it or not shall be final.

65. The Ombudsman shall decide the representation, only after providing the parties an opportunity of being heard.

66. The Ombudsman may require the licensee / aggrieved person, to furnish such documents, books of accounts information, data and details as may be required to decide the representation and the licensee / aggrieved person shall duly comply with such requirements.

67. The Ombudsman may direct the licensee to undertake an inspection or engage a third party to undertake such inspection with regard to any grievance, as may be required, for expeditious redressal of the grievance. The Ombudsman can also engage a third party (other than the licensee) on the request of the aggrieved person, to undertake inspection with regard to the complaint and obtain an independent report. This power may be exercised by the Ombudsman only when the facts and circumstances of the case merit third party inspection. The Ombudsman shall record the reasons for the need for such third party inspection, which should. generally be resorted to rarely and keeping in view the special circumstances of a case. The expenses of such third party inspection except expenses of inspection at the request of the aggrieved person, shall be borne by the licensee, and to the extent reasonable and justifiable such expenses shall be allowed in the determination of tariff in accordance with the relevant Regulations of the Commission. In case of inspections at the request of the aggrieved person, the expenses shall be deposited in atjvance by the person, which may or may not be refunded by the Ombudsman depending on the complaint being found to be of substance or not.

68. Th~ O~"b~ 1 9:sn:ian shall1d~,C!P~ the representation. wit~in_Jti~ee mcmths Jrom ,t~e date of it's receipt. In the ev~nUhe representatio_n is not_ desided within ttiree months, the Ombudsman shall reco~d the reasons therefor. .

69. The Ombudsman may ref~ct the representation:at ~ny,:stage.;it:it appe~rs,to him.that ' > ' ,~ ~- -~ -~. ,,'":_'·· • ., ~ • ·--~:t-' •. ,. ..

.. the representation i·s- , ··, ; . '~- . . . . . ~,

(i) frivolous, vexatio1,1sJmalafide;

(ii) . with9ut ~~y 'sl.Jffi6i~~t;~ause;-or • .~-;~:t":" ;;l /f;,; ,-~ .----..11 124 (89)

(iii) not being pursued by the person making the representation with reasonable diligence.

70. The language of the proceedings of the Ombudsman shall normally be Hindi.

Orders by the Ombudsman

71. In case an agreement is reached and the grievance is redressed by such agreement between the aggrieved person and the licensee, the Ombudsman shall make a record of such agreement in the case as his order(s) and thereafter close the case

72. Where the representation is not settled by mutual agreement between the person aggrieved and the licensee, the Ombudsman shall proceed to hear the case and decide the place, the date and the time of such hearing.

73. The Ombudsman shall decide the representations on the pleadings of the parties, after providing them an opportunity of being heard. He shall pass a speaking order, which he considers fair in the light of the facts and circumstances of the case and principle of natural justice. The order shall clearly state the nature of relief the complainant is entitled to as per rule including monetary compensation if any. The order may specify time period within which it should be complied . .

74. The order of Ombudsman should be consistent with provisions of the Act, rules, regulations and the codes notified by the Commission from time to time and general orders or directions given by the Govt. of Chhattisgarh / this Commission in this regard. It should be ensured that the order(s) issued by the Ombudsman are clear, speaking and unambiguous.

75. In case, Ombudsman is convinced that the complainant is entitled for receipt of compensation related to non fulfillment of standards of performance by the licensee as per the CSERC (Standards of . Performance in distribution of electricity) Regulations, 2006 and its amendment(s)/revision from time to time then the Ombudsman in its order may direct the distribution licensee to pay suitable compensation to the complainant as per provision~s) in above Regulations.

76. A copy of the order shall be_ sent to the aggrieved person, concerned Forum, the concerned officer of licensee and its next higher authority.

7-7. The orders of the Ombudsman shall be final and binding on the parties. No party can file an appeal before the Commission against this order. However, the rights of complainant and licensee to file an appeal in .front of the other judicial bodies (including but not limited to Appellate Tribunal for Electricity, Forums and 124 (90) 0'dlfl•I~ m, ~ 4 lTT'tt 2011 Commissions established under the Consumer Protection Act, 1986, High Court, Supreme Court, etc.) shall remain protected.

Special Provision, interim order, review of order

78. On request of complainant, the Ombudsman may issue such interim order at any stage during disposal of representation as it may consider necessary.

79. The . aggrieved person or the licensee may prefer an application for review of the order to the Ombudsman, within thirty (30) days from the date of receipt of the order.

80. The Ombudsman may review his order(s) Suo motu at any time on account of mistake or error apparent on the face of the record. The Ombudsman may also review his order(s) on the following grounds on application of any of the party to original proceedings:

. (i) Discovery of new and important matter or evidence which, after the exercise of due diligence was not within the knowledge of the person seeking the review or could not be produced by it at the time the order was made; or

(ii) On account of improper interpretation of provisions of the Act / Rules or Regulations / Codes notified by the Commission.

(iii) Any other sufficient reason.

Responsibility of licensee to ensure compliance with orders of Ombudsman:

81. The licensee shall comply with and implement the order of the Ombudsman within the period specified in the order or in the absence of any such time limit, within a period of 30 days. In appropriate cases, considering the nature of the case, the Ombudsman, on thA request of the aygrieved person / licensee, can extend the period of compliance of order upto a maximum period of three months. The lir.Ansea shall n:~rort compliance to Ombudsman within seven days of the day the order of Ombudsman was complied with.· ~ ',·· ';~ ·, . ' Ombudsrriah wiW'review the compliance of his orders and compliance of orders of , " . Forums.~ver;y month and .shall report non-compliance· of his orders' and orders,;of : ,:; __ Forums, ifany, to the C6mmission.

t, a';i. ·,; Ncm:-compliarice, with: th~ orders of the Omoudsni'~n shall· oe treated as violation of . • . · r~!~~;~~9\/ision_s of RegGlations oMhe Com,missidri: Th,e·C~_mmissibn' upon friformation .. .ii - ' . ' ' .' •• .. received from·! the Ombudsm·an or any com·plaint regarding non-compliance. of ' ,,.., . .

)o.~ger(s):ofOni~udsmari filed by the affected person;·mayproceed under section 142 . /. t · -~?th~,Aft· · . .. ,· . · · :·_-J:,1;1:}?J'\;' ' . ~ ~ ~ -l":f"'" ';~ · .. ' ;' ' . I, ~~ . ' ... .,. .... , ·· ~ . ·->~~f, .. :r:·~~~~~,.~,~~~~-:i. ~1~~· '.~:~~~/.E:'>~· >.

124(91) Submission of report

83. The Ombudsman shall submit to the Commission a quarterly report on disposal of cases by him. He shall also prepare a report on six monthly basis about the nature of the grievances of the consumers dealt by hi~, the-response of the lice~sees in the redressal of the grievances and the opinion of the Ombudsman about the licensee's .

. compliance or the standards of performance as. specified by the Commission under Section 57 of the Act during preceding six months. This report shail be forwarded to the Commission and the State Government within 15 qays of the end. of every six months.

84. At the end of every calendar year the Ombudsman will also prepare a report bringing out the main features of the· work done during the calendar year. The report shall be made available to the Commission within 30 days of completion of calendar year to which it pertains for inclusion in the annual report of the Commission prescribed under section 105 of the Act.

General

85. The Ombudsman shall exercise general powers of superintendence and control over his office and shall be responsible for the conduct of business of the office and shall also perform other functions as may be specified by the Commission.

86. The expenditure on Ombudsman shall be borne by the licensees. The Commission . - will prepare every year the budget for the Ombudsman in consultation with him. The . .

Commission will indicate the respective sha~e of expenditure,· to be borne by each licensee to be released quarter:ly in advance.

87. The Ombudsman can also approach Commission regarding interpretati"on of . regulations/codes/notified,_and applicability of tariff as per tariff orcter(s)'issued by ttie.

Commission.

CHAPTER 4 : MISCELLANEOUS Powers to remove difficulties

88. If any difficulty arises in giving effect to any of the provisions of these regulations, the Commission may by gener~I or special order, direct the licensee to take suitable action, not being inconsistent with the Act, which appears to it to be necessary or expedient for the purpose of removing difficulties.

89. The licensee may seek guidance or clarification from the Commission for removal of any difficulties that may arise in the establishment/ functioning of the Forum as per .. these; Regulations ..

90. Nothing in these Regu.lations shall bar the Comr:nission from adopting, in conformitj 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 -~ . matter· or clas·s of n:,,atters ·arid for reasons to, be recorded in writing, considers it necessary or expedient to do ~o. · ·,

91. Nothing. in these Re~~lations ·_ shall; expressly or impliedly, bar the Commission dealing with any matter or exercising any power . under the Act with regard to redressal of grievances of. con~umers for which no regulations have been frnmed, and the Commission may deal with such matters, powers and ·functions in a manner . . ; . ' . ' .

it thinks fit.

92. Nothing contained in these Regulations shall affect the. rights and privileges of the consumer under. any other law for the time being in force, including under the Consumer Protection_ Act, 1986 (68 of 1986) .

. Power to Amend

93. The Commission may, at any time vary,· alter, modify-or amend any provision of these regulations ..

Repeal and Savings

94.

. .

(i) CSERC (Redressal of Grievances :of Consumers) Regulations; 2007 are hereby repealed and replaced by these Regulations. . . . ' ....

(ii.) . Notwithstanding such ,·repeal: anything done or·'any action taken including any order passed or notice issued, any inspection done or any direction given under the repealed Regulations shall be deemed to have been done or taken . .

under the corresponding provisions of these Regulations:

.'° Note:, In case of any difference in the interpretatic;m or understanding of the provisions of the Hindi version of these Regulations with those of the English version and in case of any dispute ih this·· regard, the decision of the Commission shall be final and binding.

By order of the Comm'ission, N. K. RUPWANI, Secretary

The Chhattisgarh Electricity Regulatory Commission (Intra-State Open Access in Chhattisgarh) Regulations, 2005

The enactment

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