Draft OERC (Terms and Conditions of Intra State Open Access) Regulations, 2020

Jul 24, 2020 | by TeamLease RegTech Legal Research Team

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Industry Specific ComplianceThe Odisha Electricity Regulatory Commission (OERC) has issued the draft OERC (Terms and Conditions of Intra State Open Access) Regulations, 2020 in accordance with the Electricity Act, 2003. 

Following guidelines are issued in the OERC (Terms and Conditions of Intra State Open Access) Regulations, 2020: 

• These regulations shall apply to open access for use of intra-State transmission system and distribution systems in the State, including when such system is used in conjunction with inter-State transmission system. 

• Applicant shall apply to the STU for connectivity in the Form prescribed in the detailed procedure to be laid down by the STU.

• The Application shall be accompanied by a non-refundable fee through demand draft in favour of STU payable at Bhubaneswar. 

• On receipt of the application, the STU shall, in consultation and through coordination with other agencies involved in the intra-State transmission, process the application and carry out the necessary interconnection study as specified in the Central Electricity Authority (Technical Standards for Connectivity to the Grid) Regulations, 2007 and Odisha Grid Code, 2015.

• All eligible generating stations including a captive generating plant, seeking connectivity to the distribution system, shall apply to the distribution licensee for connectivity in the Form prescribed in the procedure to be laid down by the Distribution Licensee. 

• On receipt of the application, the distribution licensee shall, in consultation and through coordination with STU, process the application and carry out the necessary inter-connection study as specified in the Central Electricity Authority (Technical Standards for Connectivity to the Grid) Regulations, 2007. 

• Open access shall be permissible to the consumers seeking open access for a capacity of 1 MW and above. 

• All applications for open access shall be made in the prescribed Form and submitted to the Nodal agency in accordance with these regulations.

• The procedure for inter-State long-term Access shall be as per 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-enactments as amended from time to time.

• If the capacity sought by the consumers for Open Access in Advance for the following month is more than the available capacity or SLDC perceives congestion of any element of transmission and distribution system involved in the transaction, the allocation shall be made through electronic bidding procedure.

• When, because of constraints or otherwise, it becomes necessary to curtail the open access service of the customers, subject to the requirements of State Grid Code, the open access to a distribution licensee shall be the last to be curtailed. Among others, short-term open access customers shall be curtailed first, followed by the medium-term open access customers followed by long-term open access customers. SLDC shall frame guidelines for curtailment of open access customers. 

• If any difficulty arises in giving effect to any of the provisions of these regulations, the Commission may by general or special order, direct the STU, State Load Dispatch Centre, intra-State licensees and the open access customer, to take such action, as may appear to the Commission to be necessary or expedient for the purpose of removing difficulties.

The proposed Regulations is available in the Commission’s website: www.orierc.org. The copies of the proposed Regulations may also be obtained from the Commission’s office by payment of Rs. 50 in shape of Bank Draft drawn in favour of OERC or in cash to be deposited with the Accounts Officer, OERC. 

The interested persons, institutions, associations, SLDC, generating companies, Licensees and CGPs may furnish their suggestions or opinions on the said Regulation to the undersigned on or before August 10, 2020 (by 5.00 P.M.). On receipt of the responses from different quarters, the Commission may, in appropriate cases, bring the modifications, if any, to the proposed Regulations and approve the same for publication in the official gazette.


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