Decided on January 05,2015

Indian Wind Power Association Appellant
Maharashtra State Electricity Distribution Company Ltd Respondents


- (1.) The Indian Wind Power Association (Maharashtra State Council) (IWPA) has filed a Petition dated 9 October, 2014 regarding non -compliance by the Maharashtra State Electricity Distribution Co. Ltd. (MSEDCL) of the Commission's Order dated 20 August, 2014 in Case No. 72 of 2014.
(2.) IWPA's prayers are as under: "a) This Hon'ble Commission be pleased to direct Respondent No. 1 to forthwith comply with the Orders dated August 20,2014 and to forthwith grant permissions to the members of the Petitioners; b) This Hon'ble Commission be pleased to order the Respondent No.1 to issue Petitioner within 7 days the open access approvals, the credit notes and energy Injection reports to enable the members of the Petitioner to apply for RECs; c) This Hon'ble Commission be pleased to order and enforce the Respondent No.1 to compensate the members of the Petitioner who made their respective applications for grant of open access approvals in F.Y. 2014 -15 on account of the inordinate delay which led to the inability of the members to receive the wind power generation proceeds in a timely manner due to such delays; d) This Hon'ble Commission be pleased to order the Respondent No.1 to compensate for the loss of REC's by members of the Petitioner on account of the members being forced to lose the benefits of RECs on account of inordinate delays on the part of the Respondent No.1 to issue open access approvals and further the issuance of credit notes and energy injection reports; e) This Hon'ble Commission be pleased to initiate proceedings against the Respondent No.1 and its officers under provisions of the Electricity Act including sections 129 and 142 of the Electricity Act, for wilful disobedience and for securing compliance of the Orders passed by the Hon'ble Commission; f) This Hon'ble Commission be pleased to refer the matter to the Hon'ble High Court for initiation of contempt proceedings against the Respondents' directors and officers; g) This Hon'ble Commission be pleased to order Interim and Ad -interim reliefs in terms of prayers a) to d) above; h) This Hon'ble Commission be pleased to award cost for these proceedings against Respondent No.1 and in favour of the Petitioner..."
(3.) The averments in the Petition are summarized as follows: 3.1 IWPA was set up in 1996 as a non -profit organization. It has been working towards removing barriers to wind power development and creation of an enabling regulatory and policy environment for investments in this sector. 3.2 IWPA's members, along with other wind energy generators, had applied for grant of Open Access (OA) to MSEDCL for FY 2014 -15. However, the permissions are pending. In the meanwhile, MSEDCL issued a 'Revised Procedure for Open Access' to be effective from 1 April, 2014. On a Petition by IWPA in Case No. 72 of 2014, the Commission in its Order dated 20 August, 2014 directed MSEDCL to withdraw the Revised Procedure for Wind OA and follow the pre -existing dispensation for applications filed prior to the notification of the new Distribution Open Access Regulations, 2014. MSEDCL has not complied with the Commission's Order. 3.3 The concerned members had complied with requirements indicated by MSEDCL (such as the submission of Declaration for installation of Special Energy Meters (SEM) at both consumption and generation ends, resubmitting OA applications from consumers even though there is no such requirement in the 2005 Regulations or Act) and had again sought OA permission in the light of the Commission's Order, but without response. If MSEDCL delays OA approval inordinately and further time is taken for issuance of credit notes, energy injection reports, etc., applications for Renewable Energy Certificates (RECs) would be further delayed, resulting in loss of RECs for the relevant periods. ;

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