Grant of Connectivity Regulations, 2009

EXTRAORDINARY
III- 4
PART III-Section 4

PUBLISHED BY AUTHORITY

No. 140 NEW DELHI, MONDAY, AUGUST 10, 2009

CENTRAL ELECTRICITY REGULATORY COMMISSION

NEW DELHI

No. L-1/ (3)/2009-CERC Dated: 7th July, 2009

NOTIFICATION

In exercise of powers conferred by Section 178 of the Electricity Act, 2003 and all
other powers enabling it in this behalf and after previous publication, the Central
Electricity Regulatory Commission, hereby makes the following regulations, namely
–

CHAPTER 1

PRELIMINARY

1. Short Title and Commencement

(1) These regulations may be called the Central Electricity Regulatory

Commission (Grant of Connectivity, Long-term Access and Medium-term Open
Access in inter-State Transmission and related matters) Regulations, 2009.

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(2) These regulations shall come into force on such date as the Commission may
notify:1

Provided that the date for the coming into force of these regulations shall be after the
‗detailed procedure‘ of the Central Transmission Utility has been approved by the
Commission.

2. Definitions

(1) In these regulations, unless the context otherwise requires:

(a) ―Act‖ means the Electricity Act, 2003 (36 of 2003);

[(b) ―Applicant‖ means

(i) The following in respect grant of connectivity:

(a) A generating station with installed capacity of 250 MW and above,

including a captive generating plant of exportable capacity of 250
MW and above or;

(b) A Hydro Generating station or generating station using renewable

source of energy, of installed capacity between 50 MW and 250
MW.

(c) One of the Hydro Generating stations or generating stations using

renewable sources of energy, individually having less than 50 MW
installed capacity, but collectively having an aggregate installed
capacity of 50 MW and above, and acting on behalf of all these
generating stations, and seeking connection from CTU at a single
connection point at the pooling sub-station under CTU, termed as
the lead generator, or;

1
Came into force w.e.f. 1.10.2010 vide notification No. L-1/(3)/2009-CERC published in Part III,
Section 4, No. 02 of the Gazette of India (Extraordinary) dated 1.01.2010.
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(d) A bulk consumer.]2

[(e) Any renewable energy generating station of 5 MW capacity and

above but less than 50 MW capacity developed by a generating
company in its existing generating station of the description
referred to in sub-clauses (b)(i)(a) to (c) of this clause and seeking
connectivity to the existing connection point with inter-State
Transmission System through the electrical system of the
generating station .]3

[(f) Any company authorised by the Central Government as Solar

Power Park Developer;]4

(ii) a generating station including a captive generating plant, a consumer, an

Electricity Trader or a distribution licensee, in respect of long-term access
or medium-term open access, as the case may be;

[(iii) Any company authorised by the Central Government as Solar Power

Park Developer, in respect of long term access;]5

(c) ―Bulk consumer‖ means in respect of connectivity, any consumer who

intends to avail supply of a minimum load of 100 MW from the Inter-State
Transmission System;

(d) ―Commission‖ means the Central Electricity Regulatory Commission

referred to in sub-section (1) of Section 76 of the Act;

2
Substituted vide First Amendment Regulation, 2010, w.e.f. 7.09.2010.
3
Added vide Third Amendment Regulations, 2013 w.e.f. 26.03.2013
4
Added vide Fifth Amendment Regulations, 2015 w.e.f 19.05.2015
5
Added vide Fifth Amendment Regulations, 2015 w.e.f 19.05.2015
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 Grant of Connectivity Regulations, 2009

(e) ―Connectivity‖ for a generating station, including a captive generating

plant, a bulk consumer or an inter-State Transmission licensee means the state
of getting connected to the inter-State Transmission system;

(f) ―consumer‖ means any consumer eligible to avail open access as

specified by the State Commission under sub-section (2) of Section 42 of the
Act;

(g) ―day‖ means the day starting at 00.00 hours and ending at 24.00 hours;

(h) ―detailed procedure‖ means the procedure issued by the Central

Transmission Utility as referred to in Regulation 6 hereof;

(i) ―Grid Code‖ means the Grid Code specified by the Commission under
Clause (h) of sub-section (1) of Section 79 of the Act;

(j) ―intra-State entity‖ means a person whose metering and energy accounting
are done by the State Load Despatch Centre or by any other authorized State
utility;

(k) ‗interface meters‘ means interface meters installed in accordance with

the Central Electricity Authority (Installation and Operation of Meters)
Regulations, 2006, specified by the Central Electricity Authority and amended
from time to time;

(l) ―long-term access‖ means the right to use the inter-State Transmission
system for a period exceeding 12 years but not exceeding 25 years;

(m) ―long-term customer‖ means a person who has been granted long-term
access and includes a person who has been allocated central sector generation
that is electricity supply from a generating station owned or controlled by the
Central Government;

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 Grant of Connectivity Regulations, 2009

(n) ―medium-term open access‖ means the right to use the inter-State
Transmission system for a period exceeding 3 months but not exceeding 3
years;

(o) ―medium-term customer‖ means a person who has been granted

medium-term open access;

(p) ―month‖ means a calendar month as per the British calendar;

(q) ―nodal agency‖ means the Central Transmission Utility referred to in

Regulation 4 hereof ;

(r) ―regional entity‖ means a person whose metering and energy

accounting are done at the regional level;

(s) ―short-term open access‖ has the meaning ascribed thereto in the
Central Electricity Regulatory Commission (Open Access in inter-State
Transmission) Regulations, 2008;

(t) ―State Commission‖ means the State Electricity Regulatory Commission

constituted under Section 82 of the Act and includes the Joint Commission
constituted under Section 83 thereof;

(u) ―State network‖ means the intra-State Transmission system owned by the
State Transmission Utility, transmission licensee or the network of any other
person who has been granted licence by the State Commission to establish or
operate distribution lines within the State;

(v) ‗Stranded transmission capacity‘ means the transmission capacity in

the inter-State Transmission system which is likely to remain unutilized due to
relinquishment of access rights by a long-term customer in accordance with
Regulation 16.

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(2) Words and expressions used in these regulations and not defined herein but
defined in the Act or the Grid Code or any other regulations specified by the
Commission shall, unless the context otherwise requires, have the meanings assigned
to them under the Act or the Grid Code or other regulations specified by the
Commission, as the case may be.

CHAPTER 2

GENERAL PROVISIONS

3. Scope

These regulations, after they come into force, shall apply to the grant of connectivity,
long-term access and medium-term open access, in respect of inter-State transmission
system:

Provided that a generating station, including captive generating plant or a

bulk consumer, seeking connectivity to the inter-State transmission system cannot
apply for long-term access or medium-term open access without applying for
connectivity:

Provided further that a person may apply for connectivity and long-term
access or medium-term open access simultaneously.

4. Nodal Agency

The nodal agency for grant of connectivity, long-term access and medium-term open
access to the inter-State transmission system shall be the Central Transmission Utility.

5. Filing of Application

Applications for grant of connectivity or long-term access or medium-term open

access shall be made to the nodal agency:

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Provided that an application for connectivity is not required to be made by any

transmission licensee, since transmission system planning is carried out in a
coordinated manner by the Central Transmission Utility and the Central Electricity
Authority;

Provided, however, that an inter-State transmission licensee other than Central

Transmission Utility, nevertheless, shall sign a connection agreement with the Central
Transmission Utility, as provided for in Clause (5) of regulation 8 of these
Regulations.

6. Application fee

The application referred to in regulation 5 shall be accompanied by a non-refundable

application fee specified hereunder, payable in the name and in the manner to be laid
down by the Central Transmission Utility in the detailed procedure:–

Quantum of Power to Application fee (Rs. in lakh)

S. No. be injected/off taken For Long-term Medium-term
into/from ISTS Connectivity access open access
1. Up to 100 MW 2 2 1
More than 100 MW
1 3 3 2
and up to 500 MW
More than 500 MW
2 6 6 3
and up to 1000 MW
3 More than 1000 MW 9 9 4

7. Timeframe for processing of application

The application shall be processed by the nodal agency within the time limits
specified hereunder:–

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Nature of Application Time limit for processing beginning the last day of
the month in which application was received by the
nodal agency
Connectivity 60 days
Long-term access 120 days where augmentation of transmission
system is not required
180 days, where augmentation of transmission
system is required
Medium-term open access 40 days

CHAPTER 3

CONNECTIVITY

8. Grant of Connectivity

(1) [The application for connectivity shall contain details such as, proposed
geographical location of the applicant, quantum of power to be interchanged that is
the quantum of power to be injected in the case of a generating station including a
captive generating plant and quantum of power to be drawn in the case of a bulk
consumer, with the inter-State transmission system and such other details as may be
laid down by the Central Transmission Utility in the detailed procedure:

Provided that where after filing of an application, there has been any material
change in the location of the applicant or change in the quantum of power to be
interchanged with the inter-state transmission system, by more than 100 MW in the
case of applicant defined under Regulation 2 (1) (b) (i) (a) and 40% of the installed
capacity in the case of applicant defined under Regulation 2 (1) (b) (i) (b) and 40% of
the aggregate installed capacity in the case of applicant defined under Regulation 2
(1) (b) (i) (c), such an applicant shall make a fresh application, which shall be
considered in accordance with these regulations.

Provided further that the application by the applicant defined under Regulation
2 (1) (b) (i) (c), shall be considered by CTU only if all the generators, whose
aggregate capacity is connected at the single connection point, formalize a written
agreement among themselves that the lead generator shall act on behalf of all the
generators to undertake all operational and commercial responsibilities for all the

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collective generators connected at that point in following the provisions of the Indian
Electricity Grid Code and all other Regulations of the Commission, such as grid
security, scheduling and dispatch, collection and payment/ adjustment of transmission
charges, UI charges, congestion and other charges, etc., and submit a copy of the
agreement to the CTU, with the application of connectivity, along with a copy to the
respective RLDC in whose control areas it is located

[Provided further that the application by the applicant defined under Regulation 2(1)
(b)(i) (e) shall be considered by CTU only if the existing generating station agrees to
act as the "Principal Generator" on behalf of the renewable energy generating
station(s) seeking connectivity through the electrical system of the generating station
and formalizes a written agreement/arrangement among them to undertake all
operational and commercial responsibilities for the renewable energy generating
station(s) in following the provisions of the Indian Electricity Grid Code and all other
regulations of the Commission, such as grid security, scheduling and dispatch,
collection and payment/adjustment of Transmission charges, UI charges, congestion
and other charges etc., and submit a copy of the agreement to the CTU, alongwith the
application for connectivity, with copy to the respective RLDC in whose control area
it is located.]6

[Provided also that the application by the applicant defined under Regulation 2(1) (b)
(i) (f) shall be considered by CTU only if the Solar Power Park Developer is
authorised by the Central Government to undertake infrastructural activities including
arrangement for connectivity on behalf of the solar power generators.]7

Provided further that the CTU shall suitably incorporate the requirement of formal
agreement amongst such generators in the detailed procedure and Connection
Agreement signed with such lead generator.]8 .

6
Proviso inserted vide Third Amendment Regulations, 2013 w.e.f. 26.03.2013.
7
Proviso Added vide Fifth Amendment Regulations, 2015 w.e.f. 19.05.2015
8
Entire Regulation 8 (1) except the third and fourth proviso was substituted vide First Amendment
Regulations, 2010 w.e.f. 7.09.2010
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(2) On receipt of the application, the nodal agency shall, in consultation and through
coordination with other agencies involved in inter-State Transmission system to be
used, including State Transmission Utility, if the State network is likely to be used,
process the application and carry out the necessary inter-connection study as specified
in the Central Electricity Authority (Technical Standards for Connectivity to the Grid)
Regulations, 2007.

(3). While granting connectivity, the nodal agency shall specify the name of the
sub-station or pooling station or switchyard where connectivity is to be granted. In
case connectivity is to be granted by looping-in and looping-out of an existing or
proposed line, the nodal agency shall specify the point of connection and name of the
line at which connectivity is to be granted. The nodal agency shall indicate the broad
design features of the dedicated transmission line and the timeframe for completion of
the dedicated transmission line.

(4) The applicant and all inter-State Transmission Licensees including the Central
Transmission Utility shall comply with the provisions of Central Electricity Authority
(Technical Standards for Connectivity to the Grid) Regulations, 2007.

(5) The applicant or inter-State Transmission Licensee, as the case may be, shall
sign a connection agreement with the Central Transmission Utility or inter-State
Transmission licensee owning the sub-station or pooling station or switchyard or the
transmission line as identified by the nodal agency where connectivity is being
granted:

Provided that in case connectivity of a generating station, including captive

generating plant or bulk consumer is granted to the inter-State transmission system of
an inter-State Transmission Licensee other than the Central Transmission Utility, a
tripartite agreement as provided in the Central Electricity Authority (Technical
Standards for Connectivity to the Grid) Regulations, 2007 shall be signed between the
applicant, the Central Transmission Utility and such inter-State Transmission
Licensee.

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(6) The grant of connectivity shall not entitle an applicant to interchange any
power with the grid unless it obtains long-term access, medium-term open access or
short-term open access.

[(7) Notwithstanding anything contained in Clause (6) of this Regulation and any
provision with regard to sale of infirm power in the Power Purchase Agreement, a
unit of a generating station including a captive generating plant which has been
granted connectivity to the inter-State Transmission System in accordance with these
regulations shall be allowed to inter-change infirm power with the grid during the
commissioning period, including testing and full load testing before the COD, after
obtaining prior permission of the concerned Regional Load Despatch Centre for the
periods mentioned as under:-
(a) Drawal of Start-up power shall not exceed 15 months prior to the expected
date of first synchronization and 6 months after the date of first
synchronization.
(b) Injection of infirm power shall not exceed six months from the date of first
synchronization.

Provided that drawal of Start-up power shall be subject to payment of

transmission charges and the generator shall have to open a Revolving and
Irrevocable Letter of Credit issued by a Scheduled Bank equivalent to 2 months
transmission charges prior to drawal of Start-up power.

Provided further that the Start-up power shall not be used by the generating
station for the construction activities;

Provided further that RLDC shall stop the drawl of the Start-up Power in the
following events:
(a) In case, it is established that the Start-up power has been used by the
Generating Station for construction activity.
(b) In case of default by the Generating Station in payment of monthly
transmission charges to the transmission licensee for the drawal of Start-up
power, on the request of the transmission licensee.

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Provided that the Commission may in exceptional circumstances, allow

extension of the period for inter-change of power beyond the period as prescribed in
this clause, on an application made by the generating station at least two months in
advance of completion of the prescribed period:

Provided further that the concerned Regional Load Despatch Centre while
granting such permission shall keep the grid security in view:

Provided also that the onus of proving that the interchange of infirm power from
the unit(s) of the generating station is for the purpose of commissioning activities,
testing and commissioning, shall lie with the generating company and the respective
RLDC shall seek such information on each occasion of interchange of power before
COD. For this, the generating station shall provide RLDC sufficient details of the
specific commissioning activity, testing and full load testing, its duration and intended
period of interchange, etc:

Provided also that the infirm power so interchanged by the unit(s) of the
generating plant shall be treated as deviation and the generator shall be 3 paid/charged
for such injection/drawal of infirm power in accordance with the provisions of the
Central Electricity Regulatory Commission (Deviation Settlement Mechanism and
related matters) Regulations, 2014, as amended from time to time or subsequent re-
enactment thereof.]9

(8) An applicant may be required by the Central Transmission Utility to construct

a dedicated line to the point of connection to enable connectivity to the grid:

[Provided that a thermal generating station of 500 MW and above and a hydro
generating station or a generating station using renewable sources of energy of
capacity of 250 MW and above, other than a captive generating plant, shall not be
required to construct a dedicated transmission line to the point of connection and such

9
Earlier substituted vide Second Amendment Regulations, 2012 w.e.f. 22.03.2012 and later substituted
vide Fourth Amendment Regulations, 2014 w.e.f. 21.08.2014.
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 Grant of Connectivity Regulations, 2009

station shall be taken into account for coordinated transmission planning by the
Central Transmission utility and Central Electricity Authority].10

[Provided further that the construction of such dedicated transmission line may
be taken up by the CTU or the transmission licensee in phases corresponding to the
capacity which is likely to be commissioned in a given time frame after ensuring that
the generating company has already made the advance payment for the main plant
packages i.e. Turbine island and steam generator island or the EPC contract in case of
thermal generating station and major civil work packages or the EPC contract in case
of hydro generating stations for the corresponding capacity of the phase or the phases
to be commissioned, subject to a minimum of 10% of the sum of such contract values:

Provided also that the transmission charges for such dedicated transmission line
shall be payable by the generator even if the generation project gets delayed or is
abandoned.]11

CHAPTER 4

LONG-TERM AND MEDIUM-TERM OPEN ACCESS

9. Criteria for granting long-term access or medium-term open access

(1) Before awarding long-term access, the Central Transmission Utility shall have
due regard to the augmentation of inter-State transmission system proposed under the
plans made by the Central Electricity Authority.

(2) Medium-term open access shall be granted if the resultant power flow can be
accommodated in the existing transmission system or the transmission system under
execution:
Provided that no augmentation shall be carried out to the transmission system
for the sole purpose of granting medium-term open access:

10
Amended vide First Amendment Regulations, 2010 w.e.f. 07.09.2010.
11
Added vide Second Amendment Regulations, 2012, w.e.f. 22.03.2012.

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 Grant of Connectivity Regulations, 2009

Provided further that construction of a dedicated transmission line shall not be

construed as augmentation of the transmission system for the purpose of this
regulation.

10. Relative priority

(1) Applications for long-term access or medium-term open access shall be

processed on first-come-first-served basis separately for each of the aforesaid types of
access:

Provided that applications received during a month shall be construed to have

arrived concurrently;

Provided further that while processing applications for medium-term open

access received during a month, the application seeking access for a longer term shall
have higher priority;

Provided also that in the case of applications for long-term access requiring
planning or augmentation of transmission system, such planning or augmentation, as
the case may be, shall be considered on 30th of June and 31st of December in each year
in order to develop a coordinated transmission plan, in accordance with the
perspective transmission plans developed by the Central Electricity Authority under
Section 73 of the Act;

Provided also that if an intra-State entity is applying for long-term access or

medium-term open access, concurrence of the State Load Despatch Centre shall be
obtained in advance and submitted along with the application to the nodal agency.
The concurrence of the State Load Despatch Centre shall be in such form as may be
provided in the detailed procedure.

(2) Where necessary infrastructure required for energy metering and time-block-wise
accounting already exists and required transmission capacity in the State network is

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available, the State Load Despatch Centre shall convey its concurrence to the
applicant within ten working days of receipt of the application.

(3) In case SLDC decides not to give concurrence, the same shall be communicated to
the applicant in writing, giving the reason for refusal within the above stipulated
period.

11. Interface Meters

(1) Interface meters shall be installed –

(a) by the Central Transmission Utility for and at the cost of the regional
entities; and
(b) by the State Transmission Utility for and at the cost of the State
entities.

(2) Interface meters for the regional entities shall be open for inspection by any
person authorized by the Central Transmission Utility and the Regional Load
Despatch Centre.

(3) Interface meters for the intra-State entities shall be open for inspection by any
person authorized by the State Transmission Utility or the State Load Despatch
Centre.

CHAPTER 5

LONG-TERM ACCESS

12. Application for long-term access

(1) The application for grant of long-term access shall contain details such as name of
the entity or entities to whom electricity is proposed to be supplied or from whom
electricity is proposed to be procured along with the quantum of power and such other
details as may be laid down by the Central Transmission Utility in the detailed
procedure:

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 Grant of Connectivity Regulations, 2009

Provided that in the case where augmentation of transmission system is

required for granting open access, if the quantum of power has not been firmed up in
respect of the person to whom electricity is to be supplied or the source from which
electricity is to be procured, the applicant shall indicate the quantum of power along
with name of the region(s) in which this electricity is proposed to be interchanged
using the inter-State Transmission system;

Provided further that in case augmentation of transmission system is required,

the applicant shall have to bear the transmission charges for the same as per these
regulations, even if the source of supply or off-take is not identified;

[Provided also that the construction of such augmentation of the transmission system
may be taken up by the CTU or the transmission licensee in phases corresponding to
the capacity which is likely to be commissioned in a given time frame after ensuring
that the generating company has released the advance for the main plant packages i.e.
Turbine island and steam generator island or the EPC contract in case of thermal
generating station and major civil work packages or the EPC contract in case of hydro
generating stations for the corresponding capacity of the phase or the phases to be
commissioned, subject to a minimum of 10% of the sum of such contract values:]12

[Provided that a generating company after firming up the beneficiaries through

signing of long term Power Purchase Agreement(s) shall be required to notify the
same to the nodal agency along with the copy of the PPA.]13

Provided also that in cases where there is any material change in location of
the applicant or change by more than 100 MW in the quantum of power to be
interchanged using the inter-State Transmission system or change in the region from
which electricity is to be procured or to which supplied, a fresh application shall be
made, which shall be considered in accordance with these regulations.

12
Substituted vide Second Amendment Regulations, 2012, w.e.f. 22.03.2012.
13
Inserted vide Second Amendment Regulations, 2012, w.e.f. 22.03.2012.

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(2) The applicant shall submit any other information sought by the nodal agency
including the basis for assessment of power to be interchanged using the inter-State
Transmission system and power to be transmitted to or from various entities or
regions to enable the nodal agency to plan the inter-State transmission system in a
holistic manner.

(3) The application shall be accompanied by a bank guarantee of Rs 10,000/- (ten

thousand) per MW of the total power to be transmitted. The bank guarantee shall be in
favour of the nodal agency, in the manner laid down under the detailed procedure.

(4) The bank guarantee of Rs. 10,000 /- (ten thousand) per MW shall be kept
valid and subsisting till the execution of the long-term access agreement, in the case
when augmentation of transmission system is required, and till operationalization of
long-term access when augmentation of transmission system is not required.
(5) The bank guarantee may be encashed by the nodal agency, if the application is
withdrawn by the applicant or the long-term access rights are relinquished prior to the
operationalization of such rights when augmentation of transmission system is not
required.

(6) The aforesaid bank guarantee will stand discharged with the submission of
bank guarantee required to be given by the applicant to the Central Transmission
Utility during construction phase when augmentation of transmission system is
required, in accordance with the provisions in the detailed procedure.

13. System Studies by the Nodal Agency

(1) On receipt of the application, the nodal agency shall, in consultation and
through coordination with other agencies involved in inter-State Transmission system
to be used, including State Transmission Utility, if the State network is likely to be
used, process the application and carry out the necessary system studies as
expeditiously as possible so as to ensure that the decision to grant long-term access is
arrived at within the timeframe specified in Regulation 7:

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Provided that in case the nodal agency faces any difficulty in the process of
consultation or coordination, it may approach the Commission for appropriate
directions.

(2) Based on the system studies, the nodal agency shall specify the inter-State
transmission system that would be required to give long-term access. In case
augmentation to the existing inter-State Transmission system is required, the same
will be intimated to the applicant.

(3) The Empowered Committee established in accordance with the ‗Tariff based
Competitive-bidding Guidelines for Transmission Service‘ issued by the Central
Government, may identify one or more elements needed for augmentation of inter-
State Transmission system to be developed through tariff based competitive bidding:

Provided that the agency identified to construct one or more elements needed
for augmentation of the inter-State Transmission system for long-term access shall be
eligible for grant of transmission licence in accordance with the regulations specified
by the Commission from time to time and the guidelines for competitive bidding for
transmission issued by the Central Government.

14. Communication of Estimate of Transmission Charges, etc.

While granting long-term access, the nodal agency shall communicate to the
applicant, the date from which long-term access shall be granted and an estimate of
the transmission charges likely to be payable based on the prevailing costs, prices and
methodology of sharing of transmission charges specified by the Commission.

15. Execution of Long-term Access Agreement

The applicant shall sign an agreement for long-term access with the Central
Transmission Utility in case long-term access is granted by the Central Transmission
Utility, in accordance with the provision as may be made in the detailed procedure.
While seeking long-term access to an inter-State Transmission licensee, other than the
Central Transmission Utility, the applicant shall sign a tripartite long-term access
agreement with the Central Transmission Utility and the inter-State Transmission

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licensee. The long–term access agreement shall contain the date of commencement
of long-term access, the point of injection of power into the grid and point of drawal
from the grid and the details of dedicated transmission lines, if any, required. In case
augmentation of transmission system is required, the long-term access agreement
shall contain the time line for construction of the facilities of the applicant and the
transmission licensee, the bank guarantee required to be given by the applicant and
other details in accordance with the detailed procedure.

[15A. Intimation regarding termination of Power Purchase Agreement: (1)

Where the entire or part of the Power Purchase Agreement(PPA) of the long term
access customer is terminated in accordance with the provisions of the said agreement
or through determination by a court or tribunal or commission of competent
jurisdiction, it shall be incumbent on the long term access customer to give intimation
about such termination of PPA to the nodal agency immediately but not later than two
weeks from the date of such termination;

Provided that in the event of mutual termination of PPA or non utilization of long
term access by the long term access customer for a period exceeding one year from
the scheduled date of commencement of long term access, the Central Transmission
Utility or the transmission licensee, as the case may be, may ask such long term
customer to surrender the long term access after being satisfied that because of such
long term access, any other generation project, which has applied for long-term
access, is likely to get stranded:

Provided further that Central Transmission Utility or the transmission license, as

the case may be, may approach the Commission for appropriate directions in this
regard:

Provided also that on termination of the Power Purchase Agreement or surrender

of long term access in terms of the preceding two provisos, the long term access
customer shall be liable to pay the transmission charges as required under Regulation
18 of these regulations.

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(2) The nodal agency on receipt of intimation in accordance with clause (1) of this
regulation may consider the applications of other applicants, if any, for grant of
medium term open access for the whole or part of the same transmission corridor, as
the case may be.]14

16. Information to RLDC and SLDC

Immediately after grant of long-term access, the nodal agency shall inform the
Regional Load Despatch Centres and the State Load Despatch Centres concerned so
that they can consider the same while processing requests for grant of short-term open
access, received under Central Electricity Regulatory Commission (Open Access in
inter-State transmission) Regulations, 2008 as amended from time to time.

[16A. On receiving the intimation regarding termination of Power Purchase

Agreement, or surrender of long term access in accordance with the provisions of
Regulation 15A of these regulations and after considering the applications for long-
term access and medium-term open access, if any, as mentioned therein, the nodal
agency shall inform the Regional Load Despatch Centre and State Despatch Centre
concerned to consider the remaining capacity for processing the request for short term
open access in accordance with the Central Electricity Regulatory Commission (Open
Access in inter-State Transmission) Regulations, 2008, as amended from time to time,
till long term access or medium term open access is granted to some other
applicant.]15

17. Renewal of Term for Long-term access

On the expiry of the period of long-term access, the long-term access shall stand
extended on a written request provided by the long-term customer in this regard to the
Central Transmission Utility mentioning the period for extension that is required:

Provided that such a written request shall be submitted by the long-term

customer to the Central Transmission Utility at least six months prior to the date of
expiry of the long-term access;

14
Added vide Second Amendment Regulations, 2012, w.e.f. 22.03.2012.
15
Added vide Second Amendment Regulations, 2012, w.e.f. 22.03.2012.

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Provided further that in case no written request is received from the long-term
customer within the timeline specified above, the said long-term access shall stand
withdrawn.

18. Relinquishment of access rights

(1) A long-term customer may relinquish the long-term access rights fully or
partly before the expiry of the full term of long-term access, by making payment of
compensation for stranded capacity as follows:-

(a) Long-term customer who has availed access rights for at least 12
years
(i) Notice of one (1) year – If such a customer submits an application
to the Central Transmission Utility at least 1 (one) year prior to the
date from which such customer desires to relinquish the access rights,
there shall be no charges.
(ii) Notice of less than one (1) year – If such a customer submits an
application to the Central Transmission Utility at any time lesser than a
period of 1 (one) year prior to the date from which such customer
desires to relinquish the access rights, such customer shall pay an
amount equal to 66% of the estimated transmission charges (net
present value) for the stranded transmission capacity for the period
falling short of a notice period of one (1) year.

(b) Long-term customer who has not availed access rights for at least
12 (twelve) years – such customer shall pay an amount equal to 66%
of the estimated transmission charges (net present value) for the
stranded transmission capacity for the period falling short of 12
(twelve) years of access rights:

Provided that such a customer shall submit an application to the

Central Transmission Utility at least 1 (one) year prior to the date from
which such customer desires to relinquish the access rights;

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Provided further that in case a customer submits an application for

relinquishment of long-term access rights at any time at a notice period of less than
one year, then such customer shall pay an amount equal to 66% of the estimated
transmission charges (net present value) for the period falling short of a notice period
of one (1) year, in addition to 66% of the estimated transmission charges (net present
value) for the stranded transmission capacity for the period falling short of 12
(twelve) years of access rights.

(2) The discount rate that shall be applicable for computing the net present value as
referred to in sub-clause (a) and (b) of clause (1) above shall be the discount rate to be
used for bid evaluation in the Commission‘s Notification issued from time to time in
accordance with the Guidelines for Determination of Tariff by Bidding Process for
Procurement of Power by Distribution Licensees issued by the Ministry of Power.

(3) The compensation paid by the long-term customer for the stranded
transmission capacity shall be used for reducing transmission charges payable by
other long-term customers and medium-term customers in the year in which such
compensation payment is due in the ratio of transmission charges payable for that
year by such long-term customers and medium-term customers.

CHAPTER 6

MEDIUM-TERM OPEN ACCESS

19. Application for Medium-term Open Access

(1) The application for grant of medium-term open access shall contain such
details as may be laid down under the detailed procedure and shall, in particular,
include the point of injection into the grid, point of drawal from the grid and the
quantum of power for which medium-term open access has been applied for.

(2) The start date of the medium-term open access shall not be earlier than 5
months and not later than 1 year from the last day of the month in which application
has been made.

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20. System Studies by the Nodal Agency

On receipt of the application, the nodal agency shall, in consultation and through
coordination with other agencies involved in inter-State transmission system to be
used, including State Transmission Utility, if the State network is likely to be used,
process the application and carry out the necessary system studies as expeditiously as
possible so as to ensure that the decision to grant or refuse medium-term open access
is made within the timeframe specified in regulation 7:

Provided that in case the nodal agency faces any difficulty in the process of
consultation or coordination, it may approach the Commission for appropriate
directions.

21. Grant of Medium-term Open Access

(1) On being satisfied that the requirements specified under clause (2) of
regulation 9 are met, the nodal agency shall grant medium-term open access for the
period stated in the application:

Provided that for reasons to be stated in writing, the nodal agency may grant
medium-term open access for a period less than that sought for by the applicant;

Provided further that the applicant shall sign an agreement for medium-term
open access with the Central Transmission Utility in case medium-term open access is
granted by the Central Transmission Utility, in accordance with the provision as may
be made in the detailed procedure. While seeking medium-term open access to an
inter-State Transmission licensee, other than the Central Transmission Utility, the
applicant shall sign a tripartite medium-term open access agreement with the Central
Transmission Utility and the inter-State Transmission Licensee. The medium–term
open access agreement shall contain the date of commencement and end of medium-
term open access, the point of injection of power into the grid and point of drawal
from the grid, the details of dedicated transmission lines required, if any, the bank
guarantee required to be given by the applicant and other details in accordance with
the detailed procedure.
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(2) Immediately after grant of medium-term open access, the nodal agency shall
inform the Regional Load Despatch Centres and the State Load Despatch Centres
concerned so that they can consider the same while processing requests for short-
term open access received under Central Electricity Regulatory Commission (Open
Access in inter-State Transmission) Regulations, 2008 as amended from time to time.

22. Execution of Dedicated Transmission Line

Medium-term customer may arrange for execution of the dedicated transmission line
at its own risk and cost before the start date of the medium-term open access.

23. No overriding preference

On the expiry of period of the medium-term open access, the medium-term customer
shall not be entitled to any overriding preference for renewal of the term.

24. Exit option for medium-term customers

A medium-term customer may relinquish rights, fully or partly, by giving at least 30

days prior notice to the nodal agency:

Provided that the medium-term customer relinquishing its rights shall pay
applicable transmission charges for the period of relinquishment or 30 days whichever
is lesser.

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CHAPTER 7

CONDITIONS OF LONG-TERM ACCESS AND MEDIUM-TERM OPEN

ACCESS

25. Curtailment

(1) When for the reason of transmission constraints or in the interest of grid
security, it becomes necessary to curtail power flow on a transmission corridor; the
transactions already scheduled may be curtailed by the Regional Load Despatch
Centre.

(2) Subject to provisions of the Grid Code and any other regulation specified by
the Commission, the short-term customer shall be curtailed first followed by the
medium-term customers, which shall be followed by the long-term customers and
amongst the customers of a particular category, curtailment shall be carried out on pro
rata basis.

26. Transmission Charges

The transmission charges for use of the inter-State Transmission system shall be
recovered from the long-term customers and the medium-term customers in
accordance with terms and conditions of tariff specified by the Commission from time
to time:

Provided that if the State network is also being used in the access as a part of
inter-State Transmission system for the conveyance of electricity across the territory
of an intervening State as well as conveyance within the State which is incidental to
such inter-State Transmission of electricity, recovery of charges for such State
network and terms and conditions thereof shall be in accordance with the regulation
as may be specified by the Commission under Section 36 of the Act for intervening
transmission facilities, if such charges and terms and conditions cannot be mutually
agreed upon by the licensees;

Provided that any disagreement on transmission charges for such State

network as specified above, shall not be the sole reason for denying access and either

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party may approach the Commission for determination of transmission charges for
such State network.

27. Detailed Procedure

(1) Subject to the provisions of these regulations, the Central Transmission Utility
shall submit the detailed procedure to the Commission for approval within 60 days of
notification of these regulations in the Official Gazette:

Provided that prior to submitting the detailed procedure to the Commission for
approval, the Central Transmission Utility shall make the same available to the public
and invite comments by putting the draft detailed procedure on its website and giving
a period of one month to submit comments;

Provided further that while submitting the detailed procedure to the

Commission, the Central Transmission Utility shall submit a statement indicating as
to which of the comments of stakeholders have not been accepted by it along with
reasons thereof.

(2) The detailed procedure submitted by the Central Transmission Utility shall, in
particular, include—

(a) The proforma for the connection agreement, referred to in clause (5) of
Regulation 8 above.

(b) The proforma for the long-term access agreement referred to in Regulation 15
above:

Provided that the Transmission Service Agreement issued by the Central

Government as part of standard bid documents for competitive bidding for
transmission in accordance with Section 63 of the Act shall be a part of this
Agreement along with necessary changes;

Provided further that in case transmission system augmentation is

undertaken through the process of competitive bidding in accordance with

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 Grant of Connectivity Regulations, 2009

section 63 of the Act, the Transmission Service Agreement enclosed as part of

bid documents shall be used as a part of the proforma agreement to be entered
into between the applicant and the Central Transmission Utility for long-term
access.

(c) The time line for phasing of construction/modification of the transmission

elements by the Central Transmission Utility/transmission licensee, as the case
may be, and the coming up of generation facilities or facilities of bulk consumer,
as the case may be, so as to match the completion times of the two;

Provided that the time period for construction of the transmission

elements shall be consistent with the timeline for completion of projects
included as Annexure-II to the Central Electricity Regulatory Commission
(Terms and Conditions of Tariff) Regulations, 2009.

(d) Aspects such as payment security mechanism and bank guarantee during the
period of construction and operation:

Provided that the bank guarantee during construction phase shall not
exceed Rs. 5 lakh per MW of the total power to be transmitted by that
applicant through inter-State Transmission system.

(e) The proforma for the medium-term open access: agreement, referred to in the
second proviso to clause (1) of Regulation 21 above.

(f) Provisions for collection of the transmission charges for inter-State

transmission system from the long-term customers or medium-term customers, as
the case may be, by the transmission licensee or the Central Transmission Utility
as and when so designated in accordance with the first proviso to clause (1) of
Regulation 29 hereof and disbursement to the Central Transmission Utility and/or
the transmission licensees as the case may be.

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 Grant of Connectivity Regulations, 2009

28. Fees and charges for the Regional Load Despatch Centre and the State
Load Despatch Centre

(1) The fees and charges for the Regional Load Despatch Centre including
charges for the Unified Load Despatch and Communication Scheme shall be payable
by the long-term customer and medium-term customer as may be specified by the
Commission.

(2) The fees and charges for the State Load Despatch Centre shall be payable as
applicable.

29. Payment of transmission charges and Fees and Charges for the Regional
Load Despatch Centre

(1) The transmission charges in respect of the long-term customer and medium-
term customer shall be payable directly to the transmission licensee:

Provided that the Central Transmission Utility may be designated by the

Commission as the agency for the purpose of collecting and disbursing the
transmission charges for inter-State transmission system;

Provided further that when the Central Transmission Utility is so designated as

the agency as aforesaid, the transmission charges shall be paid to it;

Provided also that the Central Transmission Utility shall enter into agreements
with the long-term customers and medium-term customers for collection of
transmission charges and with the transmission licensees whose inter-State
transmission system is being used, for disbursement of transmission charges as
received, pro rata to the transmission charges payable to the transmission licensees
and to the Central Transmission Utility;

Provided also that the Central Transmission Utility shall be entitled to

reimbursement of reasonable costs incurred by it in collecting the transmission
charges of the other transmission licensees, as approved by the Commission.

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 Grant of Connectivity Regulations, 2009

(2) The fees and charges for Regional Load Despatch Centres (including the
charges for Unified Load Despatch Scheme) and State Load Despatch Centres shall
be payable by the long-term customer and medium-term customer directly to the
Regional Load Despatch Centre or the State Load Despatch Centre concerned.

30. Unscheduled Inter-change (UI) Charges

(1) Scheduling of all transactions pursuant to grant of long-term access and
medium-term open access shall be carried out on day-ahead basis in accordance with
the Grid Code.

(2) Based on net metering on the periphery of each regional entity, composite
accounts for Unscheduled Interchanges shall be issued for each regional entity on a
weekly cycle:

Provided that Unscheduled Inter-changes accounting for intra-State entities

shall not be carried out at the regional level.

(3) The State utility designated for the purpose of collection or disbursement of
the Unscheduled Interchanges charges from or to the intra-State entities shall be
responsible for timely payment of the State‘s composite dues to the regional
Unscheduled Interchanges Pool Account Fund.

(4) Any mismatch between the scheduled and the actual drawal at drawal points
and scheduled and the actual injection at injection points for the intra-State entities
shall be determined by the concerned State Load Despatch Centre and covered in the
intra-State Unscheduled Interchanges accounting scheme.

(5) Unless specified otherwise by the State Commission concerned, the

Unscheduled Interchanges rate for intra-State entity shall be 105% (for over-drawals
or under generation) and 95% (for under-drawals or over generation) of the
Unscheduled Interchanges rate at the periphery of regional entity.

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 Grant of Connectivity Regulations, 2009

31. Transmission Losses

The buyers of electricity shall bear apportioned losses in the transmission system as
estimated by the Regional Power Committee.

32. Redressal Mechanism

All disputes arising out of or under these regulations shall be decided by the
Commission on an application made in this behalf by the person aggrieved.

CHAPTER 8

INFORMATION SYSTEM

33. Information System

The nodal agency shall post the following documents/information on its website in a
separate web-page titled ―Long-term access and Medium-term open access
information‖:
(a) These regulations;
(b) Detailed procedure;
(c) List of applications, separately, for long-term access and medium-term
open access received by the nodal agency along with necessary details.
(d) Separate lists for long-term access and medium-term open access
granted, indicating-
(i) Name of customers;
(ii) Period of the access granted (start date and end date);
(iii)Point or points of injection;
(iv) Point or points of drawal;
(v) Transmission systems used (in terms of regions and States);
(vi) Capacity (MW) for which access has been granted.

(e) List of applications where approval for connectivity or long-term access or

medium-term open access, as the case may be, has not been granted along with
reasons thereof.

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 Grant of Connectivity Regulations, 2009

Provided further that it shall be a constant endeavour of the nodal agency

to take steps in accordance with the requirements herein to provide as much
information suo moto to the public at regular intervals through various means
of communications, including internet, so that information is disseminated
widely and in such form and manner which is easily accessible to the public.

CHAPTER 9

MISCELLANEOUS
34. Repeal and Savings

(1) On commencement of these regulations, Regulation Nos. 4(1)(a), 4(ii), 5(i),

6(i), 7, 8(i), 9, 10, 11, 12, 16(i), 18, as far as it applies to long-term customers, and
31(i) of the Central Electricity Regulatory Commission (Open Access in inter-State
Transmission) Regulations, 2004, shall stand repealed.

(2) Notwithstanding anything contained in clause (1), long-term access granted in

accordance with the Central Electricity Regulatory Commission (Open Access in
inter-State Transmission) Regulations, 2004 shall continue to be valid till the expiry
of the term of long-term access.

Sd/-
(Alok Kumar)
Secretary

Note: Central Electricity Regulatory Commission (Grant of Connectivity, Long-term

Access and Medium-term Open Access in inter-State Transmission and
related matters) Regulations, 2009 were published in Part III, Section 4, No.
140 of the Gazette of India (Extraordinary) dated 10.08.2009 and amended
vide -

(a) Amendment Regulations, 2010 which was published in Part III,

Section 4, No. 225 of the Gazette of India (Extraordinary) dated
07.09.2010.

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 Grant of Connectivity Regulations, 2009

(b) Second Amendment Regulations, 2012 which was published in Part

III, Section 4, No. 72 of the Gazette of India (Extraordinary) dated
22.03.2012.
(c) Third Amendment Regulations, 2013 which was published in Part III,
Section 4, No. 86 of the Gazette of India (Extraordinary) dated 26.
03.2013
(d) Fourth Amendment Regulations, 2014 which was published in Part III,
Section 4, No. 245 of the Gazette of India (Extraordinary) dated
21.08.2014.
(e) Fifth Amendment Regulations, 2015 which was published in Part III,
Section 4, No. 171 of the Gazette of India (Extraordinary) dated
19.05.2015.

792