- (1.) M/s Piaggio Vehicles Private Limited (PVPL) has filed a Petition on 17 April, 2014 against Maharashtra State Electricity Distribution Co. Limited (MSEDCL) for not renewing permission for availing of Open Access through the Indian Energy Exchange (IEX) for FY 2014 - 15.
(2.) The prayers of the Petitioner are as under: " 1. The MSEDCL should allow renewal permission for availing partial Open Access for required power 3.0 MW through IEX as per the application dt. 13.02.2014 submitted for our plant at Baramati, Dist ­ Pune. Our case should not be linked with other 31 new cases 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 non -compliance of directions of Appropriate Commissions. The Section146 of EA 2003 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 there under, shall be punishable with imprisonment for a term which may extend to three months or with fine, which may extend to one lakh rupees, or both in respect of each offence and in case of additional failure, with an additional 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. 03.07.2013 for Case No. 53 of 2013 (Piaggio Vehicles Private Limited.), hence action u/s 142 of Elect Act 2003 should also be initiated."
(3.) The facts of the case as stated in the Petition are as follows: a) PVPL is a HT -Industrial continuous consumer of MSEDCL having Contract Demand of 8700 KVA and requires power of 3.0 MW through IEX for its use at Plot No. E -2, MIDC, Baramati, Dist. Pune. b) PVPL submitted an application for partial Open Access through IEX for 3.0 MW to Chief Engineer (Commercial), MSEDCL on 13 February, 2014. The processing fee of Rs. 15,000/ - for Open Access capacity of 3.0 MW was also paid vide DD dated 6 February, 2014. c) Vide letter dated 28 March, 2014, MSEDCL declined to issue Open Access permission stating that the issue of renewal through IEX is subjudice before the Commission whose decision may be awaited. d) MSEDCL failed to renew Open Access permission before 31 March, 2014, resulting in discontinuation of Open Access through IEX which had been availed for almost 8 months by PVPL from 15 August, 2013 to 31 March, 2014. ;