SHREE RENUKA SUGARS LTD. Vs. CHIEF ENGINEER, STATE LOAD DESPATCH CENTRE, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED

JUDGEMENT

(1.) THE petitioner, Shree Renuka Sugars Ltd being aggrieved by the conditions imposed by the Karnataka SLDC for grant of open access has filed this petition seeking the following directions:

(2.) THE petitioner has submitted that the undertaking sought by the respondent is contrary to law and is not enforceable. The petitioner has submitted that the undertaking is contrary to the provisions of Regulation 20 of the 2008 Open Access Regulations which regulates the mismatch between scheduled and actual injection at the injection points. The petitioner has further submitted that Regulation 9 read with Regulation 15 of 2008 Open Access Regulations provides that curtailment of open access is permitted only in cases of transmission constraints or to maintain grid security and this Commission has consistently held that open access cannot be denied except for the restrictions mentioned abid. Accordingly, the petitioner has prayed for setting aside the respondent's communication dated 3.11.2009 and direct the respondent to grant open access strictly in accordance with 2008 Open Access Regulations.

(3.) KARNATAKA Power Transmission Corporation Limited (KPTCL) which operates the SLDC in its affidavit dated 24.4.2010 has submitted as under: