- (1.) M/s U.P.Twiga Fiberglass Limited. (herein after referred as Petitioner) filed a Petition on 1 April, 2014 for seeking redressal of grievances against MSEDCL for not providing renewal permission by MSEDCL for availing Open Access through Indian Energy Exchange (IEX) for FY 2014 - 15.
(2.) The prayer of the Petitioner is as under: "1. The MSEDCL should allow renewal permission for availing partial Open Access for required power 1.5 MW through IEX as per the application dt. 21.02.2014 submitted for our plant at Ambernath, Dist ­ Thane. Our case should not be linked with other 31 new case pending with Hon. Commission for final decision. 2. We also appeal to Hon. Commission to instruct the respondent to issue Open Access renewal permission for transactions through power Exchange as it was issued in past pending finalization of Open Access Regulations 2013. We had used Open Access successfully for last 08 months without any operational difficulties on either side. 3. Initiate appropriate action as per Section 146 for non ­ compliance of various sections Electricity Act, 2003 related with non -discriminatory Open Access. This section 146 is for violation of EA 2003 and not to be linked with con -compliance of directions of Appropriate Commissions. The Section 142 is relevant with violations of directions given by the appropriate commission which has not been proposed here for action. The proposed section 146 reads as: Section 146 . (Punishment for non -compliance of orders or directions): Whoever, fails to comply with any order or direction given under this Act, within such time as may be specified in the said order or direction or contravenes or attempts or abets the contravention of any of the provisions of this Act or any rules or regulations made thereunder, shall be punishable with imprisonment for a term which may extend to three months or with fine, which may extend to five thousand rupees for every day during which the failure continues after conviction of the first such offence: 4. The MSEDCL by not issuing Open Access renewal permission also contravened Hon. Commission's Order dt. 13.06.2013 for case No. 61 of 2013 (U.P.Twiga Fiberglass Ltd.), hence action u/s 142 of Elect Act 2003 should also be initiated."
(3.) The facts of the case as stated in Petition are summarized as below: a. M/s U.P.Twiga Fiberglass Limited. is a HT -Industrial continuous consumer of MSEDCL having contract demand of 4000 KVA require power of 1.5 MW through IEX to their use at Addl. Ambernath Industrial area, MIDC Ambernath, District - Thane. b. Petitioner has submitted application for partial Open Access through power exchange for 1.5 MW to the office of CE (commercial), Prakashgad, MSEDCL on 21 February, 2014. The processing fees of Rs. 15000/ - for OA capacity 1.5 MW was also paid with the application vide DD NO. 637772 Dated 18 February, 2014. c. Petitioner submitted that MSEDCL vide letter dated 28 March, 2014, declined to issue Open Access permission stating reason that issue of renewal through IEX is subjudice before the Commission and therefore requested to wait till decision on this is finalized. d. Petitioner further stated that MSEDCL failed to renew their Open Access permission before end of 31 March, 2014, that had result to discontinuation of Open Access through IEX which continued for almost 8 months from 20 July, 2013 to 31 March, 2014. ;