Wind Energy Firm Gets No Relief From CERC In Open Access Row

The Central Electricity Regulatory Commission (CERC) has dismissed a petition filed by Tadas Wind Energy Private Limited against Karnataka Power Transmission Corporation Limited (KPTCL), citing lack of jurisdiction over the matter.

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In the petition, the developer sought relief after KPTCL, acting as the State Load Despatch Centre (SLDC), refused to process a single application for Standing Clearance for Short-Term Open Access (STOA) for its 80.8 MW wind power project in Karnataka for August 2023. KPTCL instead demanded that the petitioner file seven separate applications corresponding to different metering groups.

Tadas Wind argued the demand was contrary to open access regulations and would lead to excessive fees and operational inefficiencies. The company pointed out that the National Load Despatch Centre (NLDC), also a party in the case, had clarified that no such requirement existed. It also noted that KPTCL had granted single standing clearances for the same capacity in June and July 2023.

KPTCL contended that separate applications were necessary due to multiple metering points and stated that the National Open Access Registry (NOAR) system requires distinct registrations for accurate billing under the Deviation Settlement Mechanism (DSM). It argued that the main interconnection point at the Bidnal substation could not serve as an exclusive interface meter for the petitioner.

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However, CERC did not adjudicate on the merits of the dispute, focusing instead on the question of jurisdiction. The Commission observed that KPTCL functions as an intra-State transmission utility, and that matters related to intra-State open access fall under the purview of the Karnataka Electricity Regulatory Commission (KERC).

CERC cited relevant sections of the Electricity Act, 2003, and past judicial rulings, including an Appellate Tribunal judgment, to support its conclusion. It held that disputes involving the refusal of No Objection Certificates or standing clearances by SLDCs in intra-State transmission contexts must be addressed by the respective State Commission.

Accordingly, the Commission ruled that it lacked jurisdiction under the provisions of the CERC (Open Access in inter-State Transmission) Regulations, 2008. CERC disposed of the petition, along with the related Interim Application and directed Tadas Wind to seek redressal before KERC.