POWER EXCHANGE INDIA LIMITED Vs. NATIONAL LOAD DESPATCH CENTRE AND INDIAN ENERGY EXCHANGE LIMITED
LAWS(APTE)-2014-1-2
APPELLATE TRIBUNAL FOR ELECTRICITY
Decided on January 01,2014

Power Exchange India Limited Appellant
VERSUS
National Load Despatch Centre And Indian Energy Exchange Limited Respondents

JUDGEMENT

- (1.) IN the present petition filed under Regulations 63(i) and 64 of the Central Electricity Regulatory Commission (Power Market) Regulations, 2010 (Power Market Regulations), the petitioner, Power Exchange India Limited (PXIL) has prayed for the following: (i) Introduce a reasonable methodology for sharing the NLDC Operating charges instead of present procedure; and (ii) Pass such order, as this Hon'ble Commission deems fit and proper in the facts and circumstances of the case. The petitioner has primarily sought amendment of Regulation 17 of the Central Electricity Regulatory Commission (Open Access in inter -State in Transmission) Regulations, 2008 (Open Access Regulations).
(2.) REGULATION 6 of the Open Access Regulations lays down the procedure for making of application for availing the open access. Regulation 6 provides as under: (1) a short -term customer or the power exchange (on behalf of buyers and sellers) intending to avail of short term open access for use of the transmission lines or associated facilities for such lines on the inter -State transmission system, shall make an application to the nodal agency in accordance with these regulations. (2) The application for a bilateral transaction shall contain the details, such as names and location of supplier and buyer, contracted power (MW) to be scheduled and interface at which it is referred to, point of injection, point of drawal, starting time block and date, ending time block and date, and such other information that may be required in the detailed procedure. (3) The application for a collective transaction shall contain the requisite details in accordance with the detailed procedure. The petitioner vide its affidavit dated 25.11.2013 has submitted that it has filed present petition seeking amendment of Regulation 17 of the Open Access Regulations. However, due to an inadvertent error, it has quoted Regulation 7 instead of Regulation 17 of the Open Access Regulations.
(3.) REGULATION 17 of the Open Access Regulations lays down the operating charges to be paid to RLDC and/or SLDC for scheduling of bilateral transaction and collective transaction. Regulation 17 is extracted hereunder: Operating Charges 17. (1) Operating charges at the rate of Rs. 2,000/ - per day or part of the day for each bilateral transaction for each of the Regional Load Despatch Centre involved and at the rate of Rs. 2,000/ - per day or part of the day for each State Load Despatch Centre involved shall be payable by the applicant. (2) In case of the collective transaction, operating charges shall be payable by the involved and Rs. 2,000/ - per day for the State Load Despatch Centre involved for each point of transaction. (3) National Load Despatch Centre shall share the operating charges with the Regional Load Despatch Centres in such manner as may be decided by the Central Transmission Utility. (4) All buyers within a State shall be clubbed together and all sellers within a State shall be clubbed together by the power exchange (with necessary coordination with the State Load Despatch Centre) and each of the groups shall be counted as a single entity by National Load Despatch Centre for levy of operating charges and for scheduling: Provided that for levy of operating charges for State Load Despatch Centre and levy of the intra -State transmission charges, each point of injection or drawal in the State network shall be counted separately. Note 1 The operating charges include fee for scheduling, system operation and collection and disbursement of charges. Note 2 The operating charges collected by the nodal agency shall be in addition to the fees and charges specified by the Commission under sub -section (4) of Section 28 of the Act.;


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