In case of the Open Access Customers who are also retail consumers of the distribution licensee, the following special provisions shall be applicable, namely :— 20 Compendium of HPERC Regulations, March 2021
(i) a consumer who meets part of his requirement through open access and balance through supply of power by the distribution licensee, shall be entitled to draw the total power within its sanctioned contract demand irrespective of its purchase of power through open access. However, where the consumer has revised his contract demand temporarily within the total sanctioned contact demand as per the provisions of the Supply Code and relevant tariff order, he shall be entitled to draw power within such revised contact demand only until he further revises the contract demand. In case the consumer desires to draw power in excess of his sanctioned contact demand, he shall have to get his sanctioned contact demand increased in accordance with the provisions of the Supply Code and other relevant regulations notified by the Commission from time to time;
(ii) demand charges shall be payable by the consumer on the sanctioned contract demand/revised contract demand irrespective of its purchase of power through open access, to the licensee as per relevant Schedule of the tariff order. The additional charges on the average demand (Rs./kVA/month) during peak load hours shall also be payable on the basis of the total consumption during the peak load hours in respect of the billing month irrespective of the quantum of energy availed through open access or otherwise;
(iii) consumer availing short term open access shall submit the schedule only for drawal of power through open access and no schedule for drawal of power as a normal consumer of distribution licensee shall be required;
(iv) the total recorded drawal by the consumer for the different tariff blocks (i.e.
peak, night and normal hours) in the billing month shall be reduced by the total scheduled entitlement for various time blocks in the respective tariff blocks in the billing month as per the schedules under open access arrangement, irrespective of actual drawal by the consumer in the respective time blocks, but subject to the provisions under the succeeding item. The balance energy shall be treated as supplied by the distribution licensee to the consumer as per the relevant tariff order of the Commission. This shall be subject to the condition that if the quantum of such balance energy works out to a negative figure in any time block, the energy supplied by the distribution licensee to the consumer in that time block shall be considered as zero and the remaining unadjusted energy for that time block shall be adjusted as per the succeeding item. In case the total drawal, including the same under the open access arrangement, exceeds the sanctioned contract demand or the reduced contract demand, as applicable, at any time during the billing period, such over drawal shall be considered as violation of the contract demand in accordance with the provisions of normal schedule of tariff and the contract demand violation charges shall also be charged accordingly in addition to the energy charges as per the schedule of tariff;
(v) in case of time blocks where the total recorded drawal of the consumer is less than the scheduled entitlement of the consumer in that time block, the SLDC shall account for such under drawal by the consumer in its accounts and compute the amounts payable/receivable by that consumer under regulations 7 and 9 separately. The payable/ recoverable amounts so worked out by the SLDC shall be payable/recoverable by the consumer directly to/from the Compendium of HPERC Regulations, March 2021 21 SLDC without involving the monthly billing for that consumer under the retail tariff. The distribution licensee shall not make any adjustment on this account in the monthly bills. However, the consumer shall not be entitled to any relief in the demand charges on account of any such under drawal;
(vi) the consumer will, however, continue to be governed by the Supply Code and relevant Schedule of Tariff order approved by the Commission; and
(vii) for the purposes of energy accounting, adjustments and billing, the energy scheduled (computed in kWh), under open access to the consumer of distribution licensee, as projected at the point of supply to that consumer, shall be converted into kVAh by adopting the actual average power factor as recorded in/calculated from special energy meter data for each 15 minutes time block.