New Delhi, Sep 5 (UNI) Taking a stern view of the denial of open access by State Load Despatch Centres, the Central Electricity Regulatory Commission has issued show cause notices to Rajasthan State Load Despatch Centre (Rajasthan SLDC) and Rajasthan Rajya Vidyut Prasaran Nigam Ltd (RRVPNL) to explain why action should not be taken against them for violating the CERC's regulations on open access in inter-State transmission.
On a complaint filed by Gujarat Flurochemicals Ltd (GFL), that owns a wind generation facility in Jaisalmer district of Rajasthan, the commission concluded that the objections on the basis of which open access was denied were not germane to the issue at hand and termed the action of RRVPNL as ''unfair and illegal''.
It observed that such action appeared to be an attempt to create a situation whereby GFL was forced to sell its output within the state, which was against the intent and content of the Electricity Act, 2003.
Under the Electricity Act, CERC has jurisdiction over inter-State transmission of electricity.
The CERC regulations require the SLDC concerned to give its decision on such application within three working days. In case of refusal, reasons for the same are also to be given by the SLDC within three working days.
The commission said ''prima-facie it found that in this case, the Rajasthan SLDC and RRVPNL, which operates the SLDC, had failed to comply with these requirements of CERC regulations.'' It emphasised that Load Despatch Centres, being statutory bodies under the Act, ''are duty bound to consider the applications for open access in an impartial manner and in line with the spirit and the express provisions of Act and the open access regulations without being influenced by the views of any other utility, which may be extraneous to the spirit and the provisions of the Act.'' ''Any denial of open access on considerations other than those prescribed under the law may attract the penal provisions of the Act,'' the body warned.
In order to compensate GFL for the commercial losses suffered due to ''this unfair and illegal action'', the commission directed that GFL be paid for wind power, which was drawn by Rajasthan utilities, at the rate specified by the Rajasthan Electricity Regulatory Commission (RERC) for wind generation.
The hearing on the show cause notice is scheduled for September 30.
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