Delhi Electricity Regulatory Commission (Terms and Conditions for Open Access) Regulations, 2005

J EA'TRAORDINARY PUBLISHED BY AUTHORITY 1l. 11 No.1) DELHI, TUESDAY, JANUARY 3, 2006IPAUSA 13, 1927 GOVERNMENT OF TIIE NATIONAL CAPITAL TERRITORY OF DELHI ~~%I ~, ~. it. on. (~fcTm) cil w&r ~~ ~ fc::ffil if ~~, ~1111 ~ <1~~~-if,-~-q 2()J)C;!2(J(I(, (I) assist the Commissioner of Value Added Tax, Govemment of National Capital Territory of Delhi, in the administration of the said Act Bv Order and in the Name ofthe Lt. Governor of National Capital Territory of Delhi, 31f~ ~-~ffi -;f. 98 -;f. 96 LAND AND BUlWING DEPARTMENT Delhi, the 3rd Jill1uary,1006 No. F. 1] (35)/05/LA/S&B/1J968.-In exercise of the powers conferred by sub-section (l) of Section 48 of the Land Acquisition Act, 1894, the Lt. Governor, Delhi is pleased to withdraw the following area from acquisition dated 16-'10-81 and declaration U/s 6 No. 7(lJ)177-L&B/ 13293 dated 08-4-82 ofthe Land Acquisition Act. SPECIFICATION Village or Locality Total Area Field Nos. or Boundaries OPl:!l ponion of House No. 96. Babar West: Bunglow No, 98 Road, New Delhi North: 28' Wide Road South: Bunglow No. 96 By Order and in the Name ofille Lt. Governor of National Capital Territory of Delhi. 31f~ ct~~'~~~1 "if: ~ 'TID, oq ~ FINANCR (TAX & ESTT.) DEPARTMENT NOTIFICATION Delhi, the 3rd January, 2006 exercise of the powers conferred by sub-section (l) of Section 73 of the Delhi Value Added Tax Act, 2004 (Delhi Act 3 of2005) read \\~th Notification No. F. 101(341)/2005- J-<in.(AICs)(II)/l592 dated 27-6-2005 the Lieutenant Govcmor, Gov!. of National Capital Temtory of Delhi Administrative Member of the Delhi Value Added Tax Appellate Tribun31 for Ole period of Thrcc years from the date he assumes office. By Order and in OleName of the Lt. Governor of the National 31f~ DELHI GAZETTE : EXTRAORDINARY ~,~~ W~~,~~~~~ 1.m~~~~·-(1)~~ci1~ ~, 2005 CfiQ1 ~ I fu1in~""ffi1lQ1Tt I ~~m,~~ii- Cfil 36) "it % i ~~)"it%i 1WTI1 ~tl ~~~I . ~ TfUA1fct;<:rr\if[ ~ I ~it aro ~ ~ cfit ~ ~CRW cfit ~ ~ ~~I (2) ~ it aro ~ ~ i{' ~ <:.mm am: ~ arcmq( it f.1m it fc!m:ur~ i{' ~ !fPTIIT, ~ ~ it;- aro ~ ~ i{' zyq -31Clf'ilit;- ~ aWA it ~ ~ 1;RTaTTfTfA it;- fulJ: wen CfilfrrtTf\ur<R: ~I Sfi11 ~ B. I ~ ~ >To/fCfl{'llf, 01 ~, 2007 ~ ~ ~~ it Cfi11aM){lJCfictlm '~om~~~~~i{'~~~ ~~~a~~%1 t I: DELHI GAZETTE : EXTRAORDINARY [PART IV ~ .-ufu (m if) 3W'1~ ~~ 3W'1~ ~~~-m ~~it~) ~ ;;rr:<l it~ ~ ;;rr:<l ~~31T3<R: it~ ~~~m-en:) ~ ;;rr:<l ~ ~ it 3TIt-rcfl ~en: 3~ >f[1{1 -if.'; it oF! fc::1 <t 3ro it~c8~ (4) ~ '311-lclrltll1 (i) it 3i(1'I(],,3k'"1ct>iF(."1ct> Iij f J, t Ir f PART IV] DEU-IT GAZETTE: EXTRAORDINARY ') 3TTv311!TC!T~ -it ~ ~ -it ~ if 31~ ~ Cfi1 ~ ~ qrffi ~ cf,t wmrr if, ~ if ct ~ -it ~ ~I ~I DELHI GAZETTE: EXTRAORDINARY [PART IV ~ ~ fcf;<:rr ~ I NOTIFICATION Delhi, the 3rd January, 2006 200S-06/363S.-In exercise of powers conferred by Sections 39, 40, 42 read with Section 181 of the Electricity Act, 2003, the Delhi Electricity Regulatory Commission, makes the following regulations for the introduction of open access to the Transmission and Distribution System and tenns and conditions thereof: 1. Short Title and Commencement.-(I) These regulations may be called the Delhi Electricity Regulatory Commission (Terms and Conditions for Open Access) Regulations, 2005. (2) These regulations shall come into force on the date of its publication in Official Gazette (3) These regulations shall ex1.endto the National Capit:11Territ.ory of Delhi. 2. Definitions.-(l) In these Regulations, unless the context otherwise requires- (a) "Act" means tile Electricity Act, 2003 (36 of2003); (b) "Central Commission" means the Central Electricity Regulatory Commission constituted under Section 76 of the Act; (c) "Commission" means the Delhi Electricity Regulatory Commission being the Commission for the National Capital Territory ofDelhi in tenus of the first proviso to sub-section (1) to section 82 of the Act; Cd) "Grid Code" means Grid Code specified by the Ccnnal Commission under clause (h) of sub- section (1) of Section 79 oftlle Act and includes State Grid Code specified by the Commission under clause (h) of sub-section (l) of Section 86 ofthc AcL (c) "Nodal Agency" means for the purpose of' arranging long-term open access in Transmission, the Stllte Transmission Utility and fOf tJle purspose of arranging short-term open access the State Load Despatch Centre. For the open access in Distribution, both for short-term and long-term, the "Nodal Agency" shall be the State Load Despatch Centre; (f). "Open Access Customer" means a consumer pemlitted by the Commission to receive supply of- electricity from a person, other thlln distribution 1icel~see of his area of supply, and the expressions includes a generating company and a licensee, who has aVililed of or intends to avail of open access. . (g) "State" shall rilean National Capital Territory of Delhi; (h) "State Government" means the Lieutenant Governor of National Capital Territory of Delhi appointed by the President under article 239 and designated as such under article 239 AA of the Constitution; (i) "State Transmission Utility (STU)" means the State Transmission Utility operating as such, under the Act, in the State; State Load Dispatch Centre operating as such, under the Act, in the State; (2) Words :1nd expressions occurring in these Regulations and not defined hereinabove shall bear the same meaning assigned to them in the Act. 3. Extent of Application.- These Regulations sl1 apply to open access for llse of intra-state transmission system and distribution Systems in the State within the meaning of tile term defined in sub-section (37) and sub- section (19), respectively of Section 2 of the Act. 4. Eligibility for Open Access and Conditions.- (1) The Licensees, the Generating companies, incluuiltg the persons who have established a captive generating plant and the intending consumers, shall be eligible for non-discriminatory open access to the intra-state transmission system of the State Transmission Utilitv or any transmission licensee, subject to the availabilit~' of adequllte transmission facility in the Intra-State Transmission System of the State' and' further, subject to the payment of the transmission charges, as may be determined by the COllmlissiol1,from time to time: provided that in the event such open access is for the use by a consumer including the transmission or for otherv.ise conveyance or wheeling of electricity, as required by any person for delivery to such consumer, in the area of I supply of a DistributioIl Licensee in the State, the open access to the illtra-state traIlsmission systcm shall be subject to paymellt of a surcharge. as Jllay be determined by the COlllmission, from time to time, ullder sub-section (2) of Section 42 of the Act. (2) The Licensees, the Gener(lting cOlllpimies, including the pcrsons 'vvho hiNe established a captive generating pl(lnt and the intending consumer, shall be eljgible for open access to Di stribut ion Systelll of the Distribution Licellsee, ill (lccordance with the phases for introduction of open access as provided under reglliation 5, herein, and further subject to the absellce of oper<ltjollal constraints in tJle Distribution System ,111dalso the payment of the wheelillg charges and surcharge, as may be detennined by tJlC Commission from time to timc • ProVided thilt ill the event such opell access is for the use by a consumer incJudll1g the conveyance or wheeling '01' electricity as required by any person for delivery to snch consumer in lhe orea of supplv of a Distrihution LicellSI.:Z·,In tlte St(lte, the open access to the Distribution System shall be subject to paynwllt or an additional surcliarge ~s m:1)' be. detenlllilcd by Ih~ COJ1U1lission as provided under sub-sectJOIl (4) of Section 42 oft he Act Explanation.-FoI the purpose of thc open ilCCCSS under tJlcse regulations, Ihe oper:3tiomll t;()Jlstr;jjnt~ inlile Distribution System sh:lll include the 3vailabiliry of the adequate c(!pdciry in the Dlstnbll{ioll Sy:;telll, approp! IJte metering and r:llergy :1ccounting systelll where the electriCIty to be wlleeJcd can be con Cell.\' 1l11.:;·l::'UJed (illd accounted lor 5. Pha~e~of introduction of Open Access ---( I) The Open Access slwll be allowed to tJle intra-statc lr:lI1SIIIJSS10n system in the St::l1eimmedi:llely, subject to 111csJtisf3ction of the conditions coniained in the Act or in these Rq,'Ulat ions (7) Thr Oren /I,('rf'~:;In tlie Dist.rihution System in the State shall be allowed in the DIStribuLioIl SYSI(,JIlsublect phases' No, IJltJ'odliction (l Dcllvcl) of elect rici tv f,lr use lSI July. 2007 and above b Delivcry of electricity for usc by tlte Conslllllers witlt (he dlld :lbove, ,;11<1 ;1l1(11 c' (3) The Commission may allow Open Access to consumers with capacity requirement less than one MW after the 1st July. 200~, subject to revieY" of the operational constraints alld other factors, G. Special Provisions for existing Opcn Acccss cuslomcrs.-The persons availing open access to the Intra-State Transmission System and the Distribution System in the State under an existing agreement or arrangement. shall be entitled to continue to avail theopen access on the (erlllS and conditions applicilble to them as before, for the period of the existing agreement or arnlngemcllt. subject 10 the payment of the transmission charges, the wheeling charges and the applicable surcharges as may be detennined by the Commission, from time to lime. 7. Categorisation of Open Access Customcrs.- (I) Subject 10 the prO\iisions of reb'lllation 6, the open access customers shall be divided into two categories, based on the dllration oruse of the ln1ril-StMe Tran~mission System or titcDistribution System, namely.- (a) Long-term Open Access Customers; or (b) Short-term Open Access Customers. (1\ The persons availing or intemding to ElvmJ of the open access for a period of one year or less shall be categonse as the short-term access customers (3) The per:;om :l\':llling or intending to :Jwlil orlhe open access for a period o[more tll<ln five year shall be the long-term open access customers, (4) ShorHeml open access customer shaH be eligIble to obtain fresh open access after the expiry afthe term and shall be ueJted as;) new applicant for capacity allocat.ion, 8. Allotment Priority.-(l) The priority for allowing open access shall be decided generally on the criteria that. the long-term open access customer shall be givcn priority over the shorHeml open access custOl1ler. (2) The open access shall be allowed only after deternllJllllg the capad ty available in the jutro-slate transmission system ilnd the operational constraints, including the Gapacity available in the Distribution System. the UlllisalJon tJlerCOr by tJle existing customers and the capacity already committed for Transmission, DiSlnbutioll and ReLaii Supply of Electricity to the consumers of the Distribution Licensees ill lhe Slate, n) Subject to llle above, the decision to allow opell access slt"ll be made on the basis orfirst-come-first-serve, (:1) The Commission Jllay in the public interest <lnd ror rcasoJlS 10 be recorded III writing. by a general or special order, deli'lte from the Jlorms provided above ilnd allo\\' open acces~ to any person in the Intra-Slate Transmission of ClP;IC!1\' in the Int ra-St;l(e Transmission System for IOllg- tell11 open access sll:lll be determined by the State Transmission Utility and for silo rH enll open access, it shall be determined by the Slate load Desp(ltc)l Centre, aIier consi deri ng the representa tJ un of the Tr<1nsrni s~i on Licellsees and the persoll seeking open access. (2) The avaibbiJity of capacity in the Distribution System, for long-term and short-term open access, including the existence or absence of operational constraints affecting the open access being allowed shall be de1.ermin«d by the State Load Despatch Centre aHer considering the representation oflhe distribution licen ee :md the person seeking Ihe open access. (3) In the event of any dispute on the capacity of the Transmission System available or the existence or absence of operational constraints ill the Distributjon System. to be determined by the St.ate Transmission Utility or State Load Despatch Centre, as the case may be, the same shall be referred to the Commission for adjudicatioll (.:I) The CommissIOll may while deciding on the disputc undcr sub-regulation (3) above, or otJlerwise, by a general or special order, made from time to time, lay down the conditions to be compl ied by the persons seeking open access to the Dist.ribution System in regard to operational constraints and the open (lccess shall be allowed subject to the due satisfaction of such conditions (5) The conditions to be satisfied may include const rllction. operation or maint.enance of dedicated electric lines or works from the sub-stations or feeder line or undertaking such other works as the Commission Jllay decide to be necessary for open access without operational constraints ]O. Procedure for seeking Open Access.----{)) The persons seeking open access shall, apply to the concerned nodal agency The appiic<ltion hall contain details regarding rna:-Jmum pOvver (l'v1W IKW) to be transmitted or \\'heeled in Ihe system and accordingly t.he capacity in the system 10 be earmarked for the appltcal1t, tJle point of injection. the point ofdrawaJ, durat.ion and hOUlSof availing oJlen access and any other additional infoml3.tiOll tJlat may be required by the Nodal Agency (2) Application for open access should be :Jccomp:.Jnicd by a non-refuJldable processing fee as given TI3JlSIllissiuli Opel! A ....c:~s Long Term One lakli Sllort Term Ten t1101IS;'llld hundred ~1:!iC 1r;lIICJlw,:iull Uniny or St;lIe LOJC Dispatch (Cillil'. the flpplicant within the time fr;nne presclibed below. Sl. No. processing time (a) Short-term Service (for the period to be treated on first- come-first-service basis) For the sallle day (Emergency only) Four hours from receipt of the Eight hours from receipt of the application Two days from receipt of the application. Three days from receipt of the app Iica Lion. (b) Up to one day (Request received at least one day in advance) Up to one week(c) Cd) More than a week (a) Long-tenn Service Intimation regarding feasibility of access without system strengthening Thirty days from receipt of the application. (b) Intimation of results of studies SiAl)' d(l),s from for system stiengthening with receipt of the cost estimates and completion application, scheduled (4) The Nodal Agency shall decide on the capacity available or the existence of operational constraints, consistent with the principles and guidelines as decided Uti lity shall decided such principles within thirty d:,. . f publication ofthese Regulations (5) The Nodal Agency shall also infrom the applicant ofOte prerequistes required for the activation of open access. Such prerequisites shall be as directed by the Commission from time the time. the event of inability of the slJort-tenn open access customer to utilize, continuously for more than four hours, on any day, full or substantial part of the capacity allocated :0 hilll, such a shon-term open access customer shall imrom the respect.ive State Load Dil:>patch Centre of his inability to utilise tJle capacity, along wiTh rp.r1S0ns, thereof, and lIl;IV ::;urrclldeJ the usc 01 capaClty allocated to him. HowC"vcr. such short-term open access cu::;tl.lrllcrshall bear full transmission and or wheeling charges b:l~cd 011 the 0rtgmal reserved capacity till the time such Glpacity is (2) ./)... Jong-len11 open access ClistOilic·J shall n01 III tile long-term open :lccess agrecmenl mtilout orior :lpproval of the Nodal Agency. The rcllll<llllSllllle~l of t I DELHI GAZETTE: EXTRAORDINARY 13 transfer of sueh ri~hts and obligations by (l long-term opell access customer shall be subject to paymeJlt of compellsation by the customer, as per the terms of the long· term open access agreement. (3) The State Load Dispatch Centre m(l), cancel or reduce the capacity allocated to a short-term open access customer when such a short-term open access customer, frequently under-utilizes lhe allocated capacity or fails to inform of his inabi lity to utilise the allocated ctlpaeity to the State Load Dispi:ltch Centre, Transmissiom Licensee or Distribution Liccnsee, as the case may be : Provided the capacity allotted shall not be reduced or cancelled under this clause \-vithout notice to such customer whose reserved allotted capacity is sought to be cancelled or reduced (4) The surplus capacity available as a result of its surrender by tJle short:tenn open access customer, under sub-regulation (I) above or reduction or cancellation of capacity by the State Load Dispatch Centre, under sub- regulation (3) above, lIlay be allocated to illl)' other short- term open access customer 12. Applicable Chargt·s.-(l) The Open Access Customers shall pay the transmission charges, wheeling charges, surcharges, additional surcharges, scheduling charges (payable to State Load Dispatch Centre), unscheduled inter-change (Vl) charges, reactive energy charges and such other charges as the Commission may determine from time to time, (IS a part of the tariff under Sections 61,62 and 86 of the Act or oUlenvise decide or ;mtllorise the Nod::!! Agency to charge in exercise of its rcgulrltory powers under the Act. (2) The Commission, while determininglhe charges for open access to the Transmission System or the Distribution System. provide for adjustment oflosses in the system either in temlS of money or in !llC quantum of c1eetriciry to be delivered at the destination, after the transmission and/or wheeling of electricity as the Commission considers to be appropriate. 13. CurtRilmcnt j)riorit)' .-\l-l1len bccaue of transmission cOllstraints or othenvise, it becomes necessary (0 curtail (he (r;l1IsJllis~ion service, the shon-term open access customers shall be curtailed first followed by the long-term open access customers: Provided thnt within ;1 catcgorl'. the open access cllstomers shall have equal curt'liln\p.1l1 priority and shall be curWiled on prOfJta basis PrOI'ldcd futherthat in c;lse oj sneh curtailment, the· lLl~tulllt'lsshal! be reduced ill propOJtioll (0 their curtailed 1:i.lllll.lIil,·U ill Ll.liUd cOlldlll(11i :Iild sh:J!! he- ()pen for (2) The Open Access cus10mers shall abide by the Grid Code, the Sta1e Grid Code and instmctions giv~n bv St:lte Translllission Utility,the State Load Dispatch CeIl(r~ and other au(horities from (ime 10 time. (3) The Open Access customer shall abide by the provisions of the Act, rules and regulations C:lnd the directions, guidelines and Orders oHIle Commission ll111de from time to time. ]5. Infonnatiol1 System.- The State Load Despatch Centre shall maintain the following infomlation on their websites in a separate web-page titled ··Open Access lnfonnalion" : (I) A status report on the current short-term (a) Name of the customer; (b) Period ofthe access granted (start date/time and end date/time); (c) Point(s) of injection; (e) TransmissionlDistribution system used (in temlS of area and ownership); (f) Reserved capacJty; and Applicable rate (Rs. per MW per day)(g) (2) MonOl-wise and year-wise report on post shon- teml customers indicating :- (a) NaJJ1e ofilie customer; (b) Period of the access granted (start date/time and end date time); (c) Poinl(s) of injection; (g) Applicable rate (Rs per MW per day); and (ll) Actual load factor. ]6. Dispute Resolution.-(l) The complaints rcgarding all grievances and disputes relating to open access shall be made to the State Trilllsmission Utility or State Load Dispatch Centre, as tJle case may be, which may investigate and endeavour to resolve the grievance (2) if State Transmission Utility or State Load Dispatch Centse IS unable to redress the grievance or complaint or dispute, Ole matter may be referreu to Llle Commission, by the St(lte Transmission Utility or Sfate Loarl DispW']j Centre as the case DlflYhr., for :l~jlldic;JlioJl 17. Issue of Onl(~rs and Practice Directions.- Subject 10 the pI\J\'i.~iulIs uf [Ill' Ad, <1IU.Ilhes~ regulations. the COJl1l1llssion Illay, frolll timc 10 time, issllc Orders and Practice Directions in regard to the implementation ofthcsc regulations and procedure to be followed 011 various matlers. whiclt the. COll1missioll has becn empowered h tJlese reglll,ltions to direct and matlers incidental or ancilla n thereto. 18. Powers to Remove Difticu)tie~~Jfany difficult)' aJises in gi\illg effect 10 an~' of Ihe provisions of these regulations, Ihe COJlUllissioll may do or IInder!ake to do things or by a gt:JJcnll or special order, di rect the Tran f)lission or Distribution Licensee, 10 take suitable action, nOI being inCOllsist nl with tlle Act, which appears to the CommissiOll 10 be necessary or expedient for the purpose of removing difficu!tjes. 19. })owcr to Amcnd.-The Commi sion Illay, at allY time va1)', aj{cr or modi (y ,lilY provi ion oftlles regulations. 20. rn(Juidcs and Jnvcstiga(ions.-AIJ inquiries, investigation and ,ldjudic<'ltion shall be done by the COlllrnissionfhroliPhaproc dill a pertheprovisionsof DERC (Collduct of Business) Regul<l!ions, 200). SOMIT DASGUPTA, Sec)'