Petition No. 169/Suo-Motu/2012. Case: In Re: Central Transmission Utility Vs. Central Electricity Regulatory Commission
| Case Number | Petition No. 169/Suo-Motu/2012 |
| Judges | Dr. Pramod Deo, Chairperson, Shri S. Jayaraman, Member, Shri V.S. Verma, Member and Shri M. Deena Dayalan, Member |
| Issue | Electricity Law |
| Judgement Date | August 21, 2012 |
| Court | Central Electricity Regulatory Commission |
Order:
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As per Regulation 8(5) of the Central Electricity Regulatory Commission (Grant of Connectivity, Long-term Access and Medium-term Open Access in inter-State Transmission and related matters) Regulations, 2009 (hereinafter referred to as "Connectivity Regulations"), the applicants or inter-State transmission licensees are mandated to sign a connection agreement with the CTU. The term 'applicant ' has been defined in the Connectivity Regulations as under:
(b)'Applicant' means
(i) a Generating station of installed capacity 250 MW and above, including captive generating plant of exportable capacity of 250 MW and above or bulk consumer in respect of grant of connectivity and
(ii) a generating station including a captive generating plant, a consumer, an Electricity Trader or a distribution licensee, in respect of long-term access or medium-term open access, as the case may be.
The Commission in its order, dated 31.3.2012 in Petition Nos. 289 & 290/2010, had directed the CTU to ensure that all the generators sign the Connectivity Agreements as per the formats prescribed in the Connectivity Regulations by 31.3.2012. Relevant portion of the above said order is as under:
We direct the CTU to ensure that all generators sign the Connectivity Agreements as per the formats prescribed in the Detailed Procedure by 31.3.2012 and a compliance report to that effect is filed with the Commission by 15.4.2012. All RLDCs are directed that with effect from 1.4.2012, they should satisfy themselves that all generators within their control area jurisdiction have signed the connectivity agreement and any instance of non-compliance shall be brought to the notice of the Commission.
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Representations have been received from some of the generators highlighting the difficulties to sign the Connection Agreements as per Con 6 of the Detailed Procedure as the requirements of the Agreement cannot be complied with by the old generating stations. NHPC, vide its letter dated 30.3.2012, has submitted that the Connection Agreement that is required to be signed as per Regulation 8(5) of the 2009 Connectivity Regulations is not applicable in respect of old, commissioned, operating physically connected generating stations in terms of the Regulations and order of the Commission. NLC, vide its letter dated 9.4.2012 has submitted that the Draft Connection Agreements to be signed between NLC and CTU, needs certain modifications to suit...
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