These regulations, after they come into force, shall apply to the grant of connectivity, long-term and medium-term open access in respect of intra-State transmission system and/or distribution system of the licensees in the State including when such system is used in conjunction with the inter-State transmission system:
Provided that a person seeking open access to the intra-State transmission system and/or distribution system, 1 [unless already connected,] cannot apply for long-term access or medium-term open access without applying for connectivity:
1 Ins. vide Not. No. HPERC/ 418 dated 7 th December, 2012, published in the R.H.P. dated 10 th December, 2012 at p. 5409-5415.
4 Compendium of HPERC Regulations, March 2021
Provided further that a person may apply for connectivity and long-term open access or medium-term open access simultaneously.
1 [3- A. Eligibility for Open Access.- (1) Subject to the provisions of these regulations and of sub-sections (2), (3) and (4) of section 42 of the Act, the open access to the distribution system of the distribution licensee is permitted to all the consumers who either -
(i) require a supply of electricity, for their own use, with the contract demand exceeding one MVA; or
(ii) have installed captive generating plants and require open access to the distribution system for conveyance of power to the destination of use at the consumer premises:
Provided that the Commission may, by order, permit open access in the distribution system to other consumers, subject to such terms and conditions and at such time, as it may consider feasible:
Provided further that the Commission may, after considering the operational constraints and the merits of each case before it, permit open access to the distribution system to such consumers, who have contract demand of 1 MVA or less and require power for their own use from the renewable energy generating sources located in Himachal Pradesh.
(2) Subject to sub-regulation (1) and other provisions of these regulations, the licensees, generating companies, captive generating plants and such consumers who have been permitted open access under sub-regulation (1) are eligible for open access to the intra- State transmission system of the State Transmission Utility or of any transmission licensee and the same shall accordingly be so granted on payment of transmission and other charges as applicable.
(3) Subject to sub-regulation (1) and other provisions of these regulations, the licensees, generating companies, captive generating plants and such consumers who have been permitted open access under sub-regulation (1) are eligible for open access to the distribution system of the distribution licensee and the same shall accordingly be so granted on payment of wheeling and other charges as applicable.
(4) A person having been declared insolvent or bankrupt or having outstanding dues, of more than two months’ billing, to the distribution/transmission licensee at the time of application shall not be eligible for open access:
Provided that where the dispute regarding outstanding dues is pending before any Forum or Court of law and the stay is granted, in that case the person shall be eligible for seeking open access.]