- (1.) The Indian Wind Power Association (Maharashtra State Council) (IWPA - MSC) has submitted a Petition on 11 March, 2014 under Sections 129, 142 and 149 of the Electricity Act (EA), 2003 seeking direction to the Maharashtra State Electricity Distribution Company Ltd. (MSEDCL) to amend or withdraw its revised procedure, effective from 1 April, 2014, for seeking Open Access for wind power so as to bring it in conformity with the EA, 2003 provisions and Rules, read with the MERC (Distribution Open Access) Regulations, 2005 and MSEDCL's Commercial Circular No. 194 dated 9 April, 2013.
(2.) The Petitioner's prayers are as under: a) Direct Respondent No. 1 to withdraw the Revised Procedure immediately; b) Direct Respondent No. 1 to process the open access applications of the members of the Petitioner in accordance with applicable laws and Orders of this Hon'ble Commission; c) Direct Respondent No. 1 to issue open access permissions to the members of the Petitioner in timely manner and not later than April 1, 2014 for applications already made; d) To initiate proceedings against Respondent No. 1 and its officers under Sections 129, 142 and 149 of the Electricity Act, 2003 for willful disobedience and for securing compliance of the Orders passed by the Hon'ble Commission. e) To refer the matter to the Hon'ble High Court for initiation of contempt proceedings against the Respondent No. 1 and its officers; f) Award cost of these proceedings against the Respondent No. 1 and in favor of the Petitioner. g) Pass such other order(s), as this Hon'ble Commission may deem just in the facts of the present case." The Petitioner also seeks the following as ad -interim relief: "a) Pass an ad -interim ex -parte Order directing Respondent No. 1 to withdraw such Revised Procedure and continue to process the open access applications of the members of the Petitioner when filed in accordance with present regulatory regime; b) Pass an ad -interim ex -parte Order directing Respondent No. 1 to issue open access permissions immediately in accordance with present regulatory regime from the respective dates requested for in the applications filed by the members of the Petitioner; c) Confirm the ex -parte orders after notice to the Respondents; and d) Pass such other order(s), as this Hon'ble Commission may deem just in the facts of the present case." In a subsequent Miscellaneous Application (M. A. No. 06 of 2014) submitted in this Case on 17 April, 2014, the Petitioner seeks the following interim reliefs: "a) Pass an ad -interim ex -parte order directing Respondent No. 1 to withdraw such Revised Procedure and continue to process the open access applications of the members of the Petitioner when filed in accordance with present regulatory regime and practice prevalent in 2013 -14; b) Pass an ad -interim ex -parte order directing Respondent No. 1 to issue open access permissions immediately in accordance with present regulatory regime from the respective dates requested for in the applications filed by the members of the Petitioner; c) Confirm the ex -parte orders after notice to the Respondents; and d) Pass such other order(s), as this Hon'ble Commission may deem just in the facts of the present case."
(3.) The Petitioner has referred to the Commission's Orders in Case Nos. 8, 18, 20, and 33 of 2012 and 59 of 2012 dated 3 January, 2013 regarding MSEDCL Commercial Circulars no. 147 and 155 relating to issue of Open Access permission. The Petitioner has stated that MSEDCL has challenged the Order dated January 3, 2013 in Case Nos. 8, 18, 33 and 108 of 2012 before the Appellate Authority (APTEL) in Appeal Nos. 59 and 116 of 2013 in respect of only two issues, viz. reduction in contract demand, and banking facility provided to wind generators. The appeal is pending, and no stay Order has been granted to MSEDCL. Inspite of this and the clear Order of the Commission, MSEDCL has uploaded on its website a revised procedure for certain aspects of Open Access for wind power, including banking, which is not in consonance with the Open Access Regulations and other laws, Orders of the Commission or even MSEDCL's own Commercial Circular No. 194 dated 9 April, 2013.;