(1.) Shri Amit N. Gandhi, M/s Gandhi and Associates, 22 Sarthak Terraces, Kothrud, Pune has filed a Petition dated 10 October, 2014 seeking penal action against the Maharashtra State
Electricity Distribution Co. Ltd. (MSEDCL) under Section 142 of the Electricity Act (EA),
2003 for non -compliance of the Commission's Order dated 20 August, 2014 in Case No.72 of 2014.
(2.) The prayers of the Petitioner are as under:
"1) Direct and instruct MSEDCL to implement order dated 20.08.2014 in MERC case No. 72 of 2014 without further delay.
2) Direct MSEDCL to issue credit notes from 1st April 2014.
3) To issue such measures deemed fit by Commission in this regards.
4) To initiate suitable penal action against Respondent under section 142, 146, 149 of the Electricity Act, 2003 for not complying Hon'ble Commission's Order."
2.1 In its Petition, and subsequent written submission submitted on 17 December, 2014, the Petitioner has stated as follows:
2.2 The Petitioner owns two wind energy generating plants of 1.25 MW capacity each at Maloshi, Distt. Satara. Its third -party consumer, M/s Garware Wall Ropes Ltd. (GWRL) had applied for Open Access (OA) permission on 18 March, 2014, and informed MSEDCL on 25 March, 2014 that it is willing to install a Special Energy Meter (SEM). The Petitioner also informed MSEDCL that it had installed SEMs at its generating plants. On July 17, 2014 MSEDCL granted the OA permission subject to the condition that GWRL first install SEM at both the generation and consumer ends.
2.3 Vide Order dated 20 August, 2014 in Case No. 72 of 2014, the Commission directed MSEDCL to withdraw its revised OA procedure. The Commission also directed MSEDCL to process OA applications received prior to the notification (on 25 June, 2014) of the new Distribution Open Access Regulations, 2014 in accordance with the earlier dispensation.
2.4 Despite OA permission to GWRL, MSEDCL has withheld the issue of credit notes for the Petitioner's generation from April, 2014, disregarding the Commission's last Order and its earlier Order dated 3 January, 2013 directing MSEDCL to adhere to the timelines in its Citizen's Charter. In the light of these Orders, the Petitioner had requested MSEDCL by letter dated 16 September, 2014 to issue the credit notes accordingly, but MSEDCL has not done so.
2.5 The responsibility for installing SEM on the generating and consumer side is that of the generator and the Distribution Licensee, respectively. There is no specific time frame for installing SEM on the consumer side. MSEDCL takes several months to do so and, on the pretext of absence of SEM, credit notes are withheld. Credit notes are based on reports from the generation end. Hence the condition of SEM at the consumer end is unjustified and arbitrary.
2.6 The Petitioner issued a work order on 26 May, 2014, and the SEM was installed on 21 August, 2014. The test report was submitted to the Superintending Engineer, MSEDCL, Pune by the Executive Engineer, Testing Division on 30 August, 2014. The installation of SEMs takes at least 60 days for both ends. Hence, the Petitioner could install the SEMs only after 4 months. It is within the Licensee's authority to install correct meter, even though at the cost of consumer. Hence, it cannot be a pre -condition for commencement of OA.
(3.) MSEDCL's Reply submitted on 22 December, 2014 is summarized as under:
3.1 GWRL has submitted another application for OA for third party sale from 2 MW solar projects on 10 April, 2014. In response, on 30 June, 2014, MSEDCL intimated that Distribution Open Access Regulations, 2005 do not contemplate OA from dual sources. Its application for availing OA from a wind generator (M/s Gandhi and Associates) was under process and, therefore, its application for availing OA for power from a solar generator is treated as cancelled.
3.2 MSEDCL had issued OA permission to GWRL on 17 July, 2014 for wind energy from M/s Gandhi and Associates (the Petitioner) and asked for details of SEM at both ends. However, on 30 August, 2014, GWRL sought cancellation of OA permission for wind power from M/s Gandhi and Associates.
3.3 MSEDCL has granted OA permission to GWRL on 26 November, 2014 for sourcing 2 MW power from solar generator under third party use. On 1 December, 2014, GWRL asked MSEDCL not to process its application for power from M/s Gandhi Associates, and to process its application for sourcing solar energy through M/s Global Energy Pvt. Ltd. On 12 December, 2014, MSEDCL granted approval for short term OA through solar generator. ;