- (1.) M/s. Value Industries Ltd. submitted a Petition on 18 October, 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 1.2 MW through IEX as per the application dt. 12.04.2013 submitted for our plant at Chitegaon, Aurangabad. . 2. In view of the various sections of Elect Act 2003 referred above, it is obligatory on the part of the MSEDCL to issue permission for non -discriminatory open access to its consumer. 3. Initiate appropriate action for non -compliance of MERC's regulations 2005 and various sections of EA 2003 referred above for Open Access against MSEDCL as per the provisions u/s 142 and 146 of Electricity Act, 2003."
(3.) The facts of the Case as stated in the Petition are as follows: 3.1 M/s. Value Industries (hereinafter referred to as 'Petitioner') has its plant situated at Chitegaon, Aurangabad . The Petitioner is a HT consumer of MSEDCL connected on 33 kV feeder and having contract demand of 3.432 MVA. 3.2 The Petitioner had made an application in the format of MSEDCL for partial Open Access through IEX for contract demand of 1 MW on 12 April, 2013 alongwith necessary processing fees. 3.3 As per clause No. 2.1.1 (i) of MSEDCL's Open Access Procedure, the acknowledgement of the application was supposed to be issued within 7 days after receipt of the application and permission was supposed to be issued within 30 days time. However, no such communication was received from the MSEDCL. 3.4 Since MSEDCL failed to issue permission for Open Access, the Petitioner decided to file the Petition before the Commission. 3.5 Open Access is permissible as per MERC (Distribution Open Access) Regulations, 2005 and Section 42 of the Electricity Act, 2003 (hereinafter referred to as 'Act') by charging cross subsidy charges, wheeling charges and transmission losses. 3.6 Permissions for Open Access through power exchange have been issued by MSEDCL to other consumers in Maharashtra and also to sister concern of the Petitioner, M/s. Videocoan Industries Ltd. ;