Revised Procedure for Wind Open Access:

(For seeking open access permissions w.e.f. 01.04.2014 & onwards)

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1. Submission of application for Open Access:
1.1. The Open Access application in prescribed format shall be submitted by the
Open Access Consumer only along with following documents:
Last 3 months Energy Bills
Consent letter from the Wind generator
Last 3 months Generation Credit Notes of wind power project
Last open access permission of consumer / generator
Requisite processing fees in the form of Demand draft in the name of
MSEDCL payable at Mumbai.
Declaration regarding installation of SEM at both ends i.e.
consumption end and generation end and details thereof.
If open access is availed through Trader, then copy of valid Trading
License and MoU / LoA / Agreement between the trader & consumer /
generator
In case of captive / self use,
i) Chartered Accountants certificate regarding 100% ownership of
the wind power project or Equity shareholding to fulfill captive
eligibility criterion as per Electricity Rules, 2005 and
ii) Undertaking regarding more than 51 % self consumption.
1.2. The duly completed Open Access application shall be submitted well in
advance i.e. preferably 30 days prior to the date of commencement of open
access. Please note that Open Access permission will not be granted for
retrospective / past period.
1.3. The Open Access Permission will be granted from the 1
st
day of the month or
as per the request of the open access consumer whichever is later, if the
duly completed application is received before 15
th
day of the same month. If
the duly completed application is received after 15
th
day of a month, the
Open Access Permission will be granted from the 1
st
day of the next month
or as per the request of the open access consumer whichever is later.
1.4. If an open access consumer wish to avail supply of wind energy through a
Trader, then copy of valid Trading License issued by appropriate commission
shall be submitted along with the open access application. Further, copy of
MoU / Agreement / LoA between the Trader and the open access consumer /
generator shall be submitted along with the application.
1.5. If an open access consumer, who is situated in the License area of other
utility / Distribution Licensee such as Tata Power Co., R-Infra or BEST,
wishes to avail supply of wind energy from a wind generator located in
MSEDCL area, then copy of NOC / open access permission issued by the
concerned Distribution Licensee shall be submitted along with the open
access application.
1.6. Further, as stipulated under Regulation 3 of MERC (Distribution Open
Access) Regulations, 2005, if an open access consumer, subsequent to grant
of open access permission, fails to achieve the Maximum Demand equal to
or greater than eighty (80) per cent of the threshold level, the open access
permission will be cancelled and further he shall be liable to pay, to MSEDCL,
a penalty equal to two times the wheeling charges for the financial year or
part thereof for which he had failed to achieve such Maximum Demand.
1.7. If the contract demand of the open access consumer is in the range of 1000
KVA 1500 KVA (just above the eligibility bar), energy bills of last 12
months need to be submitted along with the open access application for
verification of maximum demand availed in the past year / period. Renewal
of Open Access Permission shall be subject to use of Maximum Demand
equal to or greater than eighty (80) per cent of the threshold level during
previous open access period as stipulated under Regulation 3 of MERC
(Distribution Open Access) Regulations, 2005.

2. Eligibility for open access:
2.1. As per various provisions of MERC (Distribution Open Access) Regulations,
2005, an open access consumer can avail power from a Generating Company
only. Hence, the Open Access consumer shall submit open access application
for sourcing power from a generating company only. Open Access application
for sourcing power from more than one / multiple generating companies will
not be processed.
2.2. The open access consumer shall declare in advance if he is applying for /
already availing / enjoying Open access permission to source power from any
other source or any other generation company. Open Access permission to
source wind energy in addition to existing permission will not be granted to the
consumer.
2.3. Open Access permission will not be granted to the consumers availing single
point supply and sub-distributing it further to multiple consumers. E.g.
Commercial Malls, IT parks, commercial complexes, software technology parks
etc. Such consumers are required to apply for Distribution Franchisee through
MoU route as per relevant MERC & APTEL orders. Open access permission can
be granted thereafter to a consumer under the Distribution Franchise, if it is
individually eligible for seeking open access as per MERC (Distribution open
Access) Regulations, 2005.
2.4. The open access consumer will be entitled to seek open access for sourcing 100
% power generated from a wind power project. Open access permission shall
not be granted to avail power from a wind power project in part or on
percentage basis.

3. METERING:
3.1 As per Regulation 7, read with Regulation 2 (n) of MERC (Distribution Open
Access) Regulations, 2005 it is mandatory for the open access connector to
install Special Energy Meter at generation end and as well as at
consumption end. The said mandatory requirement of SEM has been again
confirmed by the MERC vide its order dated 03.01.2013. The time limit up-
to 03.07.2013 was also stipulated by the MERC in the said order. Therefore,
installation of Special Energy Meter (SEM) at both ends i.e. at generation
end and at consumption end of wind energy shall be mandatory to seek
open access.
3.2 The open access consumer and the generator shall submit the details of
SEM installed at the consumption and the generation end respectively.

4. Energy Accounting & Billing:
4.1. After taking Joint Meter Reading (JMR), the monthly Generation Credit Notes
(GCN) will be issued by the field office in due course of time.
4.2. The open access consumer / generator shall arrange to pay the requisite open
access charges (Wheeling charges, transmission charges, operating charges,
charges for import of energy & KVARH charges) and collect the monthly
Generation Credit Notes (GCN) from field office regularly.
4.3. Late fees of Rs. 5000/- will be recovered if the GCN is collected one month
later than JMR. Similarly, late fees of Rs. 6000/- will be applicable for issuance
of GCN after 2 months from JMR.
4.4. The GCN shall not be issued after 3 months from the Joint Meter Reading and
the energy corresponding to the GCN shall be treated as lapsed.
4.5. The GCN will contain TOD time slot-wise wind generation in the respective
month for giving credit adjustment.
4.6. The field office, where the open access consumer is situated, will give
corresponding TOD time slot-wise credit adjustment in the monthly energy bills
of the open access consumer. The wind generation in a month needs to be
credited against the consumption of the open access consumer in the same
month.
4.7. If the wind generation is more in a particular time slot / (s) than the
consumption, the unadjusted units will be carried forward in the respective
time slot /(s) for adjustment in next energy bill, till the end of financial year
i.e. up-to 31
st
March. However, unadjusted units will not be carried forward
beyond 31
st
March.
4.8. The field office, where the open access consumer is situated, will also recover
the Cross Subsidy Surcharge (CSS), every month while giving the credit
adjustment, from the open access consumer if the wind energy is wheeled for
Third party Sale. The CSS is not applicable for captive / self use.

5. Banking Facility:
5.1. The banking facility has been provided to the wind generators / open access
consumers sourcing wind power, as per MERC order dated 24.11.2003 &
03.01.2013. This facility includes carrying forward of unadjusted units during a
month till the end of financial year and further purchase of surplus units (max.
10% of total generation) by MSEDCL at lowest TOD slab tariff.
5.2. However, the said order dated 03.01.2013 (in the matter of banking facility)
has been challenged by MSEDCL before the Honble Appellate Tribunal for
Electricity.
5.3. As the matter is sub-judice, MSEDCL, for the time being, has decided to
provide the banking facility in part i.e. the wind generation units will be allowed
to get carried forward for getting adjusted in next energy bills if could not be
adjusted in same month till the end of that financial year, but the surplus units,
if any, at the end of financial year will not be purchased by MSEDCL.

6. Change of option not permitted during validity period
6.1. The open access consumer who has been granted open access permission as
per his request, shall not be further allowed to change its open access option
i.e. change of third party consumer / self use location or change option from
self use to third party sale or vice versa, during the validity of open access
permission.
6.2. The open access consumer will be permitted only to change the option from
open access to Sale to MSEDCL during the validity period of open access
permission; the open access permission will be terminated accordingly.

7. Purchase of wind energy by MSEDCL from wind open access generators:
7.1. Wind energy injected into the grid during the intervening period for which OA
permission could not be granted due to late submission of OA application or
change of option by wind open access generator from open access to Sale to
MSEDCL during the validity period of open access permission, will be purchased
by MSEDCL at MERC tariff rate from the wind generators as below:
Gr I : 10 % less than that of GR.II MERC rate of Rs. 2.52 per unit
Gr II : Rs. 2.52 per unit.
Gr III : As per MERC order dated 24.11.2003
Gr IV : Will not be purchased, wind energy will be treated as lapsed.

7.2. Wind energy injected in MSEDCL Grid for last financial year for which open
access permission is not availed or availed but not implemented will be
purchased by MSEDCL at MERC determined tariff on request made by Group II
& III wind generators only. This facility will not be available to Group IV
generators.
7.3. The Wind Energy injected in MSEDCL Grid for the period beyond last financial
year will not be purchased by MSEDCL and will be treated as lapsed.

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