- (1.) M/s Bajaj Finserv Limited (BFL) has filed a Petition on 7 May, 2014 under Regulation 15 of the MERC (Conduct of Business Regulations), 2004 read with Section 142 of the Electricity Act (EA), 2003 for clarifications on the Commission's Wind Power Order in Case No. 106 of 2014 Page 1 of 12 Tariff Order, 2003 (WPTO), Distribution Open Access Regulations, 2005 (DOA) and Order in Case No. 8, 18, 20 & 33 of 2012 in respect of wheeling of wind energy in the area of Maharashtra State Electricity Distribution Co. Ltd. (MSEDCL)'s area for captive use / third party sale, and MSEDCL's Circular compelling Generators / Consumers to install ABT type Special Energy Meters (SEMs) and metering equipment in place of the existing Time -of -Day (ToD) meters.
(2.) The prayers in the Petition are as under: "1) Advice MSEDCL, to follow MERC's Rulings / Regulations stipulated in "Wind power tariff order 2003", further clarified in case no. 8, 18, 20 and 33 of 2012 dtd. 30 Jan 2013 and case no. 92 of 2012 dtd. 07 April 2014 and continue open access to Generator for wheeling of wind energy for CP/TP sale in FY 2014 ­ 15 to OA Consumer. Mean while MSEDCL is at liberty to modify existing meters or if required replace by new Meters at injection and drawl end in line with CEA / MERC's regulations at Generator / Consumer's cost. Till then, MSEDCL shall continue annual revised OA permissions to wind energy Generators as per earlier practices. 2) Advice MSEDCL to continue open access permission of eligible captive user as per EA 2003 having CD 1 -Mw& above with MSEDCL and certified connected load by Electrical Inspector 1 Mw and above, irrespective of consumption of monthly maximum demand. 3) Enquiry may please be initiated in the matter to find out incumbent who is deviating from MERC's ruling / regulations related to wheeling of wind energy for CP / TP sale and compelling unnecessary replacement of existing ToD meters by costly SEMs (ABT type) along with new CT, PT at consumer / generator's cost when existing meters are suitable for wind energy wheeling in MSEDCL's area. And who is promoting manufactures of SEM, CT, and PT by generalizing MERC's ruling in isolation with other specific rulings based on practical problems and stopping OA permissions for FY 2014 -15. "
(3.) The facts as submitted by BFL in its Petition are as follows: - 3.1 BFL had invested in installation of a Wind Power Project for 100 % captive use. Since its commissioning, BFL is using the power for captive use and at times for third party sale. 3.2 Group -II projects were commissioned in 2000 -2002 as per Govt of India (GoI)/ Vovt. Of Maharashtra (GoM)'s policies/guidelines and were further regulated by the Commission vide its WPTO in respect of connectivity, preferential Tariff and EPA tenure, wheeling, banking, energy adjustment, reactive power Tariff, etc. 3.3 MSEDCL has issued a Revised Procedure for Wind Open Access w.e.f 1 April, 2014. Accordingly, in February, 2014, MSEDCL directed Generators to follow the Revised Open Access Procedure for continuation of wheeling of wind energy by existing Captive Producer (CP)/Third Party (TP) wind energy projects in MSEDCL's area for FY 2014 -15. However, this procedure is at variance with earlier approved practices/rules which have been in force since 2002. The intention of applying the revised procedure is to curb captive and third party use and force the generators to sell the power to MSEDCL. 3.4 MSEDCL is silent on the issue of replacement of Open Access consumers' meters by SEMs. MSEDCL has, therefore, stopped granting Open Access permission, which has caused tremendous prejudice to BFL. 3.5 In order to keep its business running and to meet MSEDCL's new terms and conditions, BFL amended applications and stopped captive use for not being able to comply with clause 3 of DOA due to the revised OA procedure of MSEDCL. However, it is the apprehension of BFL that penalty may be imposed by the MSEDCL retrospectively. 3.6 New Open Access permissions for FY 2014 -15 are not being granted by MSEDCL for want of replacement of existing ToD meters by costly ABT type SEMs and metering accessories by consumers before applying for continuation of OA permission for FY 2014 - 15. ;