iii. With the combined reading of the provisions quoted at para 13 b. i. & ii above, some issues emerged which need to be addressed. The LTA to the Appellant vide intimation dated 10.12.2010 was granted based on the application made by the Appellant in accordance with the provisions under Regulations, 2004 and shall continue to be valid till expiry of the term of the long term access. The Regulations, 2009 came into force w.e.f 01.01.2010 and under the approved procedure for making application for grant of long term access to ISTS, there is a provision for dealing with the applications received for LTA as per Regulations, 2004. The provisions of 31.1 1. of the procedure does not apply to the Appellant as per LTA grant to the Appellant is with the system strengthening requirement as brought out above. In our considered opinion, the applicability to the Appellant is as per provisions of 31.1 2. (iii) of the procedure, wherein the Appellant was required to apply afresh as per the said proviso. Having said so we are of the opinion that the procedure is the offshoot of the Central Commission’s Regulations, 2009 and the Appellant after having not exercised the opportunity available to it under the procedure to adopt Regulations 2009, is bound by the LTA grant as per Regulations, 2004 and the terms and conditions as envisaged in Regulation 34 (Repeal and Savings) of the Regulations, 2009 are applicable to the Appellant. The signing of BPTA was provided under Regulation 11 (“A long-term customer shall enter into Bulk Power Transmission Agreement with the transmission licensee for use of inter-state transmission system.”) of Regulations, 2004.
