Open Access – Provisions in ACT 2003
“Open access” means the non discriminatory provision for the use of transmission lines or distribution system or associated facilities with such lines or system by any licensee or consumer or a person engaged in generation in accordance with regulations specified by the appropriate commission.
Section 9(2) Captive Generation
Every person, who has constructed a captive generating plant and maintains and operated such plant, shall have the right to open access for the purpose of carrying electricity from his captive generating plant to the destination of his use. Provided at such open access shall be subject to availability of adequate transmission facility and such availability of transmission facility shall be determined by the Central Transmission Utility or the State Transmission Utility as the case may be. Provided further that any dispute regarding the availability of transmission facility shall be adjudicated upon by the appropriate commission.
Section 31 (1) Constitution of State Load Despatch Centre
The State Govt. shall establish a centre to be known as State Load Despatch Centre for the purpose of exercising the powers and discharging functions under this part.
Section 32-(2) (a)
The State Load Despatch Centre shall be responsible for optimum scheduling and despatch of electricity within a state in accordance with the contracts entered into with the license as or the generating companies operating in the State.
The State Load Despatch Centre may levy and collect such fee and charges from the generating companies and licensees engaged in intra-state transmission of electricity and may be specified by the State Commission.
The functions of State Transmission Utility shall be to provide non-discriminatory open access to its transmission system for use by-
(i) Any licensee or generating company on payment of the transmission charges;
(ii) Any consumer as and when such open access is provided by the State Commission under sub-section (2) of section 42, on payment of transmission charges and surcharge thereon as may be specified by the State Commission.
Provided also that such surcharge shall not be leviable in case open access is provided to a person who has established a captive generating plant for carrying the electricity to the destination of his own use.
Note- Section-40 of the Act provides for similar functions and duties of Transmission licensee.