JUDGEMENT
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(1.) M/s Global Softech Pvt. Limited (herein after referred as Petitioner) filed a Petition on 27
August, 2013 for seeking redressal against MSEDCL for not providing permission for
availing open access through Indian Energy Exchange (IEX) under Section 2(47), 42(2) of
the Electricity Act, 2003.
(2.) The prayers of the Petitioner are as under:
"a. The MSEDCL should allow permission for availing partial Open Access for required power 1.0 MW through IEX as per the application submitted for our plant at Bhiwandi.
b. Compensation of Rs.20,000/ - towards cost of follow up/petition which includes MERC's petition filing fee.
c. Initiate appropriate action for non -compliance of MERC's regulations 2005 and section 42 of Electricity Act 2003 for Open Access against MSEDCL as per the provisions u/s 142 &146 of Electricity Act 2003."
(3.) The facts of the case as stated in Petition are summarized as below:
3.1 The Petitioner is situated in Angaon , Bhiwandi and is consumer of MSEDCL, having contact demand 2.8 MVA connected at 22 KV voltage level.
3.2 Petitioner submitted application (format -I) for Open Access to MSEDCL on dated 27 June, 2013 for 1 MW along with copy of processing fees, Electricity Bill of last 3 month, copy of MOU with IEX Member, SLD for power supply source.
3.3 Petitioner hadn't received acknowledgement to the application in 7 days, which was supposed to be given in 7 days and also MSEDCL didn't give permission for Open Access in 30 days.
3.4 Petitioner submitted that under Section 42 of Electricity Act, 2003 Open Access is permissible by charging cross subside charge wheeling charge transmission charge additional charge which is approved by commission. ;
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