JINDAL POWER LTD. Vs. NATIONAL LOAD DESPATCH CENTRE,

JUDGEMENT

(1.) THE present petition has been filed seeking following directions, namely -

(2.) THE provisions relating to short -term open access in the 2004 Regulations were repealed with effect from 1.4.2008 with the enactment of the Central Electricity Regulatory Commission (Open Access in inter -State Transmission) Regulations, 2008 (the 2008 OA Regulations). Subsequently, the provisions in the 2004 OA Regulations in relation to long -term access were repealed with effect from 1.1.2010 with the enforcement of the Central Electricity Regulatory Commission (Grant of Connectivity, Long -term Access and Medium -term Open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 (Connectivity Regulations) by virtue of clause (1) of Regulation 34 thereof. Clause (2) of the Connectivity Regulations saved the long -term access granted under the 2004 OA Regulations.

(3.) THE petitioner, a generating company, has established a 1000 MW generating station in the State of Chhattisgarh. It made an application dated 23.8.2004 to the Central Transmission Utility (CTU), the nodal agency under the 2004 OA Regulations, for grant of long -term open access (long -term access) for conveyance of 500 MW of electricity to the State of Gujarat and the Union Territory of Dadra and Nagar Haveli. At the meeting held on 30.9.2006 with the constituents of Western Region, the petitioner stated that the utilities in the States of Gujarat and Chhattisgarh would draw power from its generating station for which long -term access was sought. At the meeting the CTU informed that based on the systems studies, long -term access could be granted to the petitioner. Accordingly, it was decided to grant long -term access for 500 MW capacity. The petitioner by its letter dated 26.2.2008 informed the CTU that it might transfer power to any other Western Region constituents. The petitioner signed the Bulk Power Transmission Agreement dated 19.3.2008 (BPTA) for long -term access for 500 MW. The BPTA further provided as under: