IN THE MATTER OF: MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED Vs. MAHARASHTRA ELECTRICITY REGULATORY COMMISSION

JUDGEMENT

(1.) MAHARASHTRA State Distribution Company Limited (Distribution Company) is the Appellant herein.

(2.) 1st Respondent is Maharashtra Electricity Regulatory Commission (State Commission). The State Commission. by the impugned order dated 1.3.2011, directed the Appellant to grant Open Access in favour of Indo Rama Synthetic Limited, (the 2nd Respondent herein). Aggrieved by the said order, the Appellant has filed this Appeal. The short facts are summarized as under: (a) The Appellant is a Distribution Licensee engaged in the business of distribution of electricity to its consumers situated over the entire State of Maharashtra except the areas of supply serviced by other distribution licensees in the State of Maharashtra. (b) M/S. Indo Rama Synthetic Limited, the 2nd Respondent is one of the industrial consumers of the Appellant. Its factory is situated at MIDC Nagpur. It has captive power generation capacity of 87.25 MW which is sufficient to meet its requirement. Indian Energy Exchange is the 3rd Respondent. (c) Indo Rama Synthetic Limited, the 2nd Respondent requested the Appellant to grant open access to its distribution network for conveyance of 10 MW of power to be procured from Indian Energy Exchange (3rd Respondent) for one year i.e. from 24.9.2009 to 31.8.2010. Accordingly, on 24.9.2009, the Appellant granted open access to the second Respondent to procure 10 MW of Power from Indian Energy Exchange for a period of one year ending 31st August, 2010. During the said period, the Respondent -2, utilized the open access only for 9 days when the emergency occurred in its generating station to fulfill captive requirements. (d) Even before the expiry of the period, i.e. on 31.8.2010, the 2nd Respondent requested the Appellant through its application dated

(3.) 7.2010, to renew grant of open access for another year. There was no reply. Several reminders were sent till November, 2010 namely 27.8.2010, 21.9.2010, 28.10.2010 and 1.11.2010. There was no positive response. Therefore, the 2nd Respondent Company filed a Petition on 10.2.2011 before the State Commission under Section 142 of Electricity Act 2003 seeking for the direction to the Appellant to grant the open access in favour of the 2nd espondent Company. (e) The State Commission, after hearing the parties passed the impugned order dated 01.3.2011 holding that the Appellant had responded to the Respondents application with respect to the said Open Access within a period of thirty (30) days from the date of receipt of application for Open Access in accordance with the time limit specified in Regulation