- (1.) M/s Sudarshan Chemical Industries Limited (SCIL) filed Petitions in Case Nos. 58 and 59 of 2014 on 20 February, 2014 seeking action against Maharashtra State Electricity Distribution Co. Limited (MSEDCL) for not providing non -discriminatory Open Access for availing power for its plants at Roha and Mahad MIDC Areas, Distt. Raigad, respectively through the Indian Energy Exchange (IEX).
(2.) The Prayers of the Petitioner in both Cases are as follows: - 1. Action as per Section 142 and 146 of EA Act, 2003: We appeal to initiate action for non -compliance of orders or directions given in this Act against the erring officials of the respondent. And penalty as defined in the Act should be continued till failure to comply with Section 38 and 42 of EA Act 2003 for allowing non discriminatory Open Access. 2. Section 149 of EA Act 2003 for offence by companies: To take action as per this Act against the company, every person who at the time the offence was committed was in charge of and was responsible to the company for the conduct of the business of the company 3. The Hon. Commission may allow any other suitable relief as deemed fit on the nature and circumstances of this Petition.
(3.) The facts, as stated in the Petitions, are as follows: - (1) SCIL is a chemical industry situated at in Roha and Mahad MIDC Areas in District - Raigad and is a consumer of MSEDCL having contract demand of 9500 KVA at its Roha Plant and 3000 KVA at its Mahad Plant. SCIL submitted applications for partial Open Access of 3.5 MW for Roha Plant and 1.0 MW for Mahad Plant through IEX to the CE (Commercial), MSEDCL on 10 January, 2014 with processing fees. (2) As per Clause 2.1.1.(i) of the Open Access procedure framed by MSEDCL in accordance with Regulation 4.1 of the MERC (Distribution Open Access) Regulations, 2005, MSEDCL has to convey its acceptance or otherwise within 7 days of receipt of application for Open Access and issue permission within 30 days. However, till the date of filing of these Petitions, SCIL has not received any response from MSEDCL for permission to avail power through IEX. (3) MSEDCL is reluctant to issue NOC for Open Access through IEX on the ground that "MERC (Distribution Open Access) Regulations, 2005 does not specified Open Access transactions through Power Exchange". The Commission's Open Access Regulations is pre -date the inception of Power Exchanges in the year 2008, and such Exchanges were therefore not explicitly mentioned in these Regulations. Hence, MSEDCL is not granting Open Access on spurious grounds. (4) By not granting Open Access permission to avail power through IEX, MSEDCL has violated Section 42 (2) of Electricity Act (EA), 2003. Hence, it is liable for action under the Sections 142, 146 and 149. ;