- (1.) M/s Global Energy Private Limited (hereinafter referred to as "GEPL or the Petitioner") has filed a Petition under affidavit on 7 March, 2014, under Sections 86(1)(f),Section 86(1)(k) read with Section 142 and 146 of the Electricity Act, 2003 and MERC (Transmission Open Access) Regulations, 2005 seeking relief against refusal of grant of open Access by Maharashtra State Load Despatch Centre (hereinafter MSLDC or Respondent No.1 ) vide letter dated 5 March, 2014.
(2.) Petitioner has made the following prayers in the present Petition; " a) Quash the order /letter dated 05/03/2014 issued by the Respondent. b) Direct the Respondents to grant open access to the Petitioner. c) Grant stay / ad interim relief against the said letter /order of the Respondent till pendency the present Petition. d) Punish / penalize the Respondents under section 142 read with section 146 for violation of Orders, Regulations and the provisions of Electricity Act, 2003. e) Direct the Respondents to comply with the earlier orders of the Hon'ble Commission. f) Award cost of litigation in favour of the Petitioner and against the Respondents. g) Compensate the Petitioner on account of the losses, penalties, costs and loss of profit so incurred as a result of such denial open access. h) Pass any other order which this Hon'ble Commission deems fit and proper in the interest of justice and good conscience. " Prayers in Ad -Interim Relief Application: - " a) Grant an ad interim relief to the Petitioner against the order dated 05/03/2014 till final disposal of the petition. b) Quash the order dated 05/03/2014 issued by the Respondent."
(3.) Petitioner has submitted the following facts in the Petition ; a. M/s Global Energy Private Ltd. is engaged in the business of trading of electricity in the area of Mumbai for which it has a trading license issued by the Central Electricity Regulatory Commission. b. Maharashtra State Load Dispatch Centre (Respondent No.1) accords approval for the intra state sale and purchase of electricity as well as Open Access and Maharashtra State Electricity Transmission Corporation Limited (Respondent No.2) is the State Transmission Utility (STU) for the State of Maharashtra. c. GEPL received a Letter of Intent (LoI) from Power Company of Karnataka Limited (hereinafter PCKL) to supply power (Quantum 75 MW -110 MW) to PCKL via radial mode on the Kolhapur - Chikodi line through short term Open Access for the period commencing from 12 February, 2014 to 30 June, 2014. It is submitted that GEPL won the competitively bid tender, in which GEPL and Maharashtra State Electricity Distribution Co. Ltd. (hereinafter MSEDCL) were the two bidders. d. Further, on 3 February, 2014, GEPL, applied for Open Access to the MSLDC and on 6 February, 2014. MSLDC sought submission of No dues Certificate in respect of injecting utility i.e. M/s Gupta Energy Private Limited. In reply to MSLDC, on 7 February, 2014 M/s Gupta Energy Private Limited submitted that any deviation in the quantum of energy scheduled shall come under Final Balancing and Settlement Mechanism (FBSM) method of settlement and that the said entity takes the full responsibility for the settlement with the authority concerned. Further, Petitioner has mentioned in the Petition that it had written a letter to MSLDC dated 7 February, 2014 in context of M/s Gupta Energy's disputed outstanding wherein it has mentioned that GEPL has complied with all the procedure and has submitted all the required documents for grant of Open Access. e. However, on 5 March, 2014 Respondent through a letter rejected the Open Access application stating "Neither Karnataka DISCOMs nor the trader can be treated as State Pool Participants in the FBSM Mechanism." ;