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Andhra Pradesh Electricity Regulatory Commission (Terms and Conditions of Open Access) Regulation, 2005
Andhra Pradesh Electricity Regulatory Commission (Terms and Conditions of Open Access) Regulation, 2005
Sections
1. Short title, commencement and interpretation.
Section 12. Definitions.
Section 23. Extent of application.
Section 34. Categorization of open access users.
Section 45. Nodal Agency.
Section 56. Criteria for allowing open access to transmission and/or distribution systems.
Section 67. Provision for existing users.
Section 78. Phasing of Open Access.
Section 89. Criteria for allotment/reservation of capacity.
Section 910. Procedure of application for Long Term open access.
Section 1011. Procedure of application for Short-Term open access.
Section 1112. Open Access Agreement.
Section 1213. Metering.
Section 1314. Procedure for determining the available capacity of transmission and distribution (T&D) networks.
Section 1415. Underutilization.
Section 1516. Flexibility to change entry and exit points.
Section 1617. Open Access charges.
Section 1718. Payment terms and conditions.
Section 1819. Other matters.
Section 1920. General Terms and Conditions of Supply.
Section 2021. Dispute resolution.
Section 2122. Force Majeure.
Section 2223. Issue of orders and practice directions.
Section 2324. Power to remove difficulties.
Section 2425. Saving.
Section 2526. Power to amend.
Section 26
andhra-pradesh-electricity-regulatory-commission-terms-and-conditions-of-open-access-regulation-2005.json
•
26 Sections
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Andhra Pradesh
{
"id": 14462,
"slug": "andhra-pradesh-electricity-regulatory-commission-terms-and-conditions-of-open-access-regulation-2005",
"title": "Andhra Pradesh Electricity Regulatory Commission (Terms and Conditions of Open Access) Regulation, 2005",
"short_title": "Andhra Pradesh Electricity Regulatory Commission (Terms and Conditions of Open Access) Regulation, 2005",
"act_number": "(Regulation No. 2 of 2005)",
"act_year": 2005,
"act_type": "STATE",
"location": "Andhra Pradesh",
"law_status": "unknown",
"enactment_date": null,
"description": "Andhra Pradesh Electricity Regulatory Commission (Terms and Conditions of Open Access) Regulation, 2005",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title, commencement and interpretation.",
"chapter": null,
"content": "",
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{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(a) \"Act\" means the Electricity Act, 2003 (36 of 2003);\n(b) \"applicant\" means a person who makes an application to the Nodal Agency for open access and includes any person engaged in generation, a licensee or any consumer eligible for open access under this Regulation;\n(c) \"available capacity\" means the capability in megawatts (MW) or kilowatts (kW) of a transmission or distribution network to transfer power from one point to the other, after deducting the power requirements of already committed users;\n(d) \"Commission\" means the Andhra Pradesh Electricity Regulatory Commission;\n(e) \"contracted capacity\" in the context of open access for supply to consumers means the capacity contracted in megawatts (MW) or kilowatts (kW)for transmission and /or wheeling to a consumer under open access ;\n(f) \"open access agreement\" means an agreement entered into between a licensee and the applicant to avail open access to the licensee's network for transmission and / or wheeling of electricity;\n(g) \"entry point\" means a point at which electricity is injected into the electricity transmission network or the electricity distribution network ;\n(h) \"exit point\" means a point at which electricity is drawn from the electricity transmission network or the electricity distribution network ;\n(i) \"Nodal Agency\" means the entities referred to in clause 5 of this Regulation;\n(j) \"user\" or \" open access user\" means a person using or intending to use the transmission system and / or the distribution system of the licensees in the state for receiving supply of electricity from a person other than the distribution licensee of his area of supply, and the expression includes a generating company and licensee.\n(k) Words and expressions used and not defined in this Regulation but defined in the Act shall have the meanings as assigned to them in the Act, or in absence thereof, shall have the same meaning as commonly understood in the electricity supply industry.",
"footnote": "",
"is_definition": true,
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{
"number": "3",
"title": "3. Extent of application.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
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{
"number": "4",
"title": "4. Categorization of open access users.",
"chapter": null,
"content": "(a) Long-Term Open Access User. - Any user of the transmission and/or distribution system(s) entering into an open access agreement with the concerned licensee(s) for a period of two years or more shall be categorised as a Long-Term Open Access User.\n(a) Long-Term Open Access User.\n(b) Short-Term Open Access User. - Any user other than a long term user of the transmission and/or distribution system(s) entering into an open access agreement with the concerned licensee(s) shall be treated as Short-term open access user, but open access shall not be allowed at a time for a period of more than one year.\n(b) Short-Term Open Access User.",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Nodal Agency.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Criteria for allowing open access to transmission and/or distribution systems.",
"chapter": null,
"content": "(a) Inherent design margins;\n(b) Margins available due to variations in power flows and unutilised capacity, if any; and\n(b) Margins available due to in-built spare capacity in transmission and/or distribution system(s) created to cater to future load growth",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Provision for existing users.",
"chapter": null,
"content": "Existing distribution licensees\nExisting users other than the distribution licensees.",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Phasing of Open Access.",
"chapter": null,
"content": "Phase\nPhase\nEligibility criteria\nEligibility criteria\nCommencement date\nCommencement date\n1.\nConsumers availing of power from NCE developers\n\t\t\t\tirrespective of the quantum of contracted capacity\nSeptember, 2005\n2.\nContracted capacity being greater than 5 MW\nSeptember, 2005\n3.\nContracted capacity being greater than 2 MW\nSeptember, 2006\n4.\nContracted capacity being greater than 1 MW\nApril, 2008",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Criteria for allotment/reservation of capacity.",
"chapter": null,
"content": "Allotment of capacity in case of insufficient spare capacity/ congestion.\nFor Long-Term applicants.\n9.3.2 For Short-Term applicants.",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Procedure of application for Long Term open access.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 9
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{
"number": "11",
"title": "11. Procedure of application for Short-Term open access.",
"chapter": null,
"content": "Duration for which open access is required\nDuration for which open access is required\nMaximum processing time\nMaximum processing time\nUp to one day\n12 hours\nUp to one week\nTwo days\nUp to one month\nSeven days\nUp to one year\nThirty days",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Open Access Agreement.",
"chapter": null,
"content": "Minimum term and renewal of the Open Access Agreement.",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Metering.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Procedure for determining the available capacity of transmission and distribution (T&D) networks.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Underutilization.",
"chapter": null,
"content": "(a) An amount equivalent to 50% of current application fee for Long-Term or Short-Term users, as the case may be, if all the capacity surrendered or reduced/cancelled is fully re-allotted to other applicants within the notice period so given by the user or the licensee, as the case may be.\n(b) If the capacity surrendered or reduced/cancelled could not be fully re-allotted to other applicants within the notice period, then -\n(i) In case of Long-Term users, the user shall, as a one-time exit fee, pay 25% of the transmission charges and / or wheeling charges as the case may be, and the scheduling and system operation charges in force at that point in time, applied on the capacity that could not be re-allotted for the remaining term of the agreement; and\n(ii) In case of Short-Term users, the user shall bear the full transmission charges and / or wheeling charges, as the case may be, and the scheduling and system operation charges in force at that point in time, applied on the capacity that could not be re-allotted for the remaining term of the agreement.",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Flexibility to change entry and exit points.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. Open Access charges.",
"chapter": null,
"content": "(i) Open Access users connected to the transmission/distribution system shall pay the transmission charges and / or wheeling charges and any other applicable charges as determined by the Commission from time to time, and notified in the relevant Tariff Order or otherwise, and as per the conditions stipulated therein:\n(ii) In case of utilization of inter-state transmission system in addition to the intra-state transmission system and/or distribution system by an open access user , the transmission charges and / or wheeling charges shall be payable for the use of intra-state system in addition to the charges for utilization of the inter-state transmission system\n(iii) The Open access users of the Transmission and / or Distribution System where such open access is for delivery of electricity to the consumer's premises in the area of supply of a distribution licensee, shall pay to the distribution licensee the (cross-subsidy) surcharge as determined by the Commission from time to time under Section 42 (2) of the Act :\n(iv) The Open Access user shall also be liable to pay additional surcharge on charges of wheeling as may be specified by the Commission from time to time under section 42(4) of the Act, in case open access is sought for receiving supply from a person other than the distribution licensee of such consumer's area of supply, to meet the fixed cost of the distribution licensee arising out of his obligation to supply.\n(v) Where an electrical plant or electrical line is to be constructed by the Licensee in order to extend power supply to an open access user, the Licensee may recover such expenditure as per the Andhra Pradesh Electricity Regulatory Commission (Licensee's Duty for Supply of Electricity on Request) Regulation, 2004(Regulation No.3 of 2004).\n(vi) If network augmentation is required for providing access to an applicant, the Licensee shall carry out such augmentation only if (a) the Licensee can recover within a reasonable time the costs, the capital investment and a reasonable rate of return on the capital investment in respect of the augmentation, and (b) the Licensee has the ability to raise funds to finance such capital expenditure:\n(vii) Scheduling and system operation charges shall be payable by all open access users under scheduling by SLDC. Such charges shall be governed by the relevant Regulations issued by the Commission.",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Payment terms and conditions.",
"chapter": null,
"content": "Meter readings and Billing in respect of open access for supply to consumers.",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Other matters.",
"chapter": null,
"content": "Coordination among licensees and SLDC.\n19.2 Information requirements.\n(i) Transmission and / or wheeling charges, as the case may be, for open access users located within the State; and\n(ii) A status report on the current long-term users indicating name of user, period of the access granted (start date and end date), point(s) of injection and point(s) of drawal, capacity contracted and applicable charges. This report shall be updated as and when the status changes ; and\n(iii) Information regarding usage of the inter-regional links as well as interface between the Central Transmission Utility and State systems and inter-state links indicating time of updating, name of the link, total transmission capacity of the link, scheduled capacity use and current capacity of the link in use. This information shall be updated at least on hourly basis and wherever feasible on 15-minute basis.\n19.3 Quality of supply.\n19.4 Energy and Demand Balancing.\n19.5 Curtailment due to constraints.\n(a) Short-term open access users of the network shall be curtailed in the first step, followed by\n(b) All other consumers including long-term access users, but excluding distribution licensees, in ascending order of contract period , followed by\n(c) Distribution licensees.",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. General Terms and Conditions of Supply.",
"chapter": null,
"content": "(a) Voltage of supply vis-a-vis total Contracted Demand;\n(b) Security Deposit;\n(c) Disconnection for non-payment of charges;\n(d) Title Transfer to successor entity ; and\n(e) Levy and collection of Customer Charges",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Dispute resolution.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "22",
"title": "22. Force Majeure.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "23",
"title": "23. Issue of orders and practice directions.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "24",
"title": "24. Power to remove difficulties.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "25",
"title": "25. Saving.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 24
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{
"number": "26",
"title": "26. Power to amend.",
"chapter": null,
"content": "Annexure-1:\nAnnexure-1:\nSuggested contents of Open Access Application\nSuggested contents of Open Access Application\n(a) (i) Name and address of the applicant\n(ii) Details of applicant's installation\n(iii) Nature of wheeling i.e., whether it is for captive use or third party sale.\n(iv) Name and address of consumers to whom the power is to be wheeled\n(b) Type of open access required, whether long-term, or short-term\n(c) Capacity in KW or MW required for open access in respect of each consumer\n(d) Point(s) of Entry\n(e) Point(s) of Exit\n(f) Period for which open access is required\n(g) Details of metering arrangements at the entry points and exit points as required under the Metering Code (part of the Grid Code or the Distribution Code, as the case may be) as amended from time to time\n(h) Information whether the recipients of power are already consumers of Distribution licensee of their area. If so, furnish the Contracted Maximum Demand (CMD) of each of them with the Distribution Licensee concerned\nAnnexure-2:\nAnnexure-2:\nSuggested essential features of Open Access Agreement\nSuggested essential features of Open Access Agreement\n(a) The Entry and Exit points\n(b) Allotted capacity (in kW or MW) for open access in the Transmission and / or Distribution system\n(c) The rates and charges for providing various access services, such as:\n(i) Transmission and/or Wheeling charges as the case may be;\n(ii) Transmission losses and / or wheeling losses to be deducted;\n(iii) Cross-subsidy Surcharge ;\n(iv) Additional surcharge ;\n(v) SLDC charges;\n(vi) Reactive energy charges, if applicable; and\n(vii) Any other charges\n(d) A requirement that the applicant's equipment / installations at all times for the entire duration of the contract complies with the provisions of the Grid Code and/or the Distribution Code, as the case may be (e) The date of commencement of Open Access (f) The manner of accounting of energy and demand balancing procedures, as per the Balancing and Settlement Code to be approved by the Commission, from time to time (g) The billing cycle and the payment terms and conditions; (h) The Agreement period and its termination / deration conditions (i) Other terms and conditions including powers of the Nodal Agency on surrender of capacity, premature termination of open access agreement, penalty for under-utilisation of allotted capacity, etc. (j ) Provision for renewal of open access Agreement in applicable cases Any other information as considered reasonable by the Licensee.\nAnnexure - 3:\nAnnexure - 3:\nDuties, rights and obligations of parties, inter-alia, in case of Tripartite Open Access Agreements referred to in clause 12.2 of the Regulation\nDuties, rights and obligations of parties, inter-alia, in case of Tripartite Open Access Agreements referred to in clause 12.2 of the Regulation\nExit Points location on 132 KV and above (Transmission System):\nExit Points location on 132 KV and above (Transmission System):\n(a) Concerned Transmission Licensee's obligation to provide transmission capacity - User's right on transmission capacity contracted :\n(b) Duties of Distribution Licensee of that area of supply where such exit point is located for meter reading and billing (for transmission charges, surcharges, out-of-balance payments, etc.);\n(c) User's duty to pay the charges, as billed for ; and\n(d) Distribution Licensee's obligation to pass on the transmission charges so collected from the user to the concerned Transmission Licensee.\nExit Points location on 33 KV and below (Distribution System):\nExit Points location on 33 KV and below (Distribution System):\n(a) Concerned Transmission Licensee's obligation to provide Transmission capacity - User's right on Transmission capacity contracted;\n(b) Concerned Distribution Licensee's obligation to provide Distribution system capacity -User's right on Distribution capacity contracted;\n(c) Distribution Licensee's duties for meter reading and billing (for Transmission charges, Wheeling charges, applicable surcharges, out-of-balance payments, etc.) ;\n(d) User's duty to pay for charges as billed for ; and\n(e) Distribution Licensee's obligation to pass on the transmission charges collected from the user to the concerned Transmission Licensee.",
"footnote": "",
"is_definition": false,
"sort_order": 25
}
],
"metadata": {
"Act ID": "Last Updated 14th September, 2019 [ap585]",
"Act Number": "(Regulation No. 2 of 2005)",
"Enactment Date": "",
"Act Year": "2005",
"Short Title": "Andhra Pradesh Electricity Regulatory Commission (Terms and Conditions of Open Access) Regulation, 2005",
"Type": "STATE",
"Location": "Andhra Pradesh"
},
"updated_at": "2026-09-29 21:55:18"
}