- (1.) M/s Pulgaon Cotton Mills 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: "1.The MSEDCL should allow permission for availing partial Open Access for required power 1.5 MW through IEX as per the application submitted for our plant at Ichalkarani. 2. Compensation of Rs.20,000/ - towards cost of follow up/petition which includes MERC's petition filing fee. 3. 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 M/s Pulgaon Cotton Mills Limited is situated in Pulgaon, Dist -Wardha. Petitioner is HT consumer of MSEDCL connected on 33 kV feeder and having of contract demand 3 MVA. 3.2 Petitioner has submitted its Open Access application for grant of Open Access for 1.5 MW power through IEX to MSEDCL on 27.June, 2013 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 has applied for Open Access for 1 year. Petitioner submitted that as per Section 42 sub section (2),(3) &(4) of the Electricity Act 2003 Open Access is permissible by charging cross subside charge, wheeling charge, transmission charge, additional charge. 3.4 Petitioner has submitted that as per standards of performance ("SOP") of MSEDCL for Open Access, acceptance of application is to be communicated within 7 days and permission is to be issued within 30 days but till the date of submission of the present petition, MSEDCL has not responded. ;