HARYANA ELECTRICTY REGULATORY COMMISSION

Notification

The 11th January, 2012

Regulation No. HERC / 25 / 2012: - The Haryana Electricity

Regulatory Commission, in exercise of the powers conferred on it by
section 181 of the Electricity Act 2003 (Act 36 of 2003) and all other
powers enabling it in this behalf, after previous publication, hereby frames
the following regulations:-

Chapter – I

General

1. Short title, commencement and interpretation. - (1) These regulations

may be called the Haryana Electricity Regulatory Commission (Terms and
conditions for grant of connectivity and open access for intra-State
transmission and distribution system) Regulations, 2012.

(2) These regulations shall come into force from the date of their
notification in the Haryana Government Gazette.

(3) These regulations shall extend to the whole state of Haryana.

(4) The Punjab General Clause Act 1898 (Act 1 of 1898) as applicable to
the state of Haryana shall apply to the interpretation of these regulations

2. Scope and extent of application. – These regulations shall apply where

an application has been made for grant of connectivity for the purpose of
open access to the intra-state transmission and or distribution system and
or where an application has been made for long term open access,
medium term open access or short term open access for use of the intra-
State transmission and or distribution system including when such system
is used in conjunction with inter-State transmission system.

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

consumer / person shall not be eligible to apply for long term or medium
term or short term open access unless he has the connectivity or he
applies for connectivity to the intra-State transmission or distribution
system as the case may be.

Provided further that a person may apply for connectivity as well as long
term or medium term or short term open access simultaneously.

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 Chapter – II

Definitions

3. Definitions. –In these regulations, unless the context otherwise requires-

(1)“Act” means the Electricity Act, 2003 (36 of 2003) as amended

from time to time;

(2)“applicant” means any licensee or consumer or a person engaged in

generation of power or a person other than consumer who has made
an application as per these regulations to the nodal agency seeking
connectivity or open access as the case may be;

(3)“CERC” means the Central Electricity Regulatory Commission;

(4)“Commission” means the Haryana Electricity Regulatory

Commission (HERC);

(5)“connection agreement” means an agreement between State

Transmission Utility (STU), intra-State transmission licensee other
than STU, if any and or distribution licensee and an applicant,
setting out the terms relating to connectivity to the intra-state
transmission system and or distribution system;

(6)“connectivity” means the state of getting connected to the Intra-

State transmission and or Distribution system;

(7)“consumer” shall carry the same meaning as in the Act, but shall be
restricted to such consumers within the State of Haryana to whom
these regulations shall apply;

(8)“contract demand” means demand in kilovolt ampere (KVA) or

megavolt ampere (MVA) mutually agreed between the distribution
licensee and the consumer as entered into the agreement for supply
of electricity;

(9)“day” means a day starting at 00.00 hours and ending at 24.00

hours;

(10) “detailed procedure” means the detailed procedure laid down

by the STU under these regulations and approved by the
Commission;

(11) “embedded open access consumer” means a consumer who has

a supply agreement with the distribution licensee in whose area
of supply the consumer is located and avails the option of
drawing power from any other person under open access, during
a day or more in any month or more than one month during the

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 year, without ceasing to be a consumer of the said distribution
licensee and continues to pay various charges as per tariff
schedule applicable to relevant consumer category.

(12) “imbalance” in a time block for a generating station means its

total actual generation minus its total scheduled generation and
for a open access consumer means its total actual drawal minus
total scheduled drawal.

(13) “interconnection facilities” means interconnection facilities at

interconnection point in respect of generating station or
consumer / licensee or applicant, without limitation, inclusive of
all facilities such as switching equipment, control, protection and
metering devices etc for the dedicated feeder bay, owned by the
applicant or by an intra-state transmission licensee or distribution
licensee, as the case may be, and located in the premises /
switchyard of the STU or transmission licensee or distribution
licensee or generating station or consumer or applicant to enable
power interchange through the intra-state transmission and or
distribution system;

(14) “interconnection point” means the interface point(s) at which the

generating plant / electrical plant and or electric line, including
inter-connection facilities, of the applicant or open access
consumer or the intra-state transmission licensee, other than the
STU, is connected to the intra-state transmission system and or
distribution system;

Provided that in case of solar photovoltaic and wind energy

generating station the point of connectivity shall be line isolator
on outgoing feeder on HV side of the pooling station, and for
solar thermal generating station, the point of connectivity shall
be line isolator on outgoing feeder on HV side of generator
transformer.

(15) “interface meters” means interface meters installed in

accordance with the Central Electricity Authority (Installation and
Operation of Meters) Regulations, 2006 as amended from time to
time;

(16) “limited short term open access consumer” means a consumer

who has a supply agreement with the distribution licensee in
whose area of supply the consumer is located and avails open
access in distribution and / or transmission system only during
pre-scheduled load shedding due to shortage of power.

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(17) “long-term open access” means the right to use the intra-State
transmission and or distribution system for a period exceeding 12
years but not exceeding 25 years;

(18) “medium-term open access” means the right to use the intra -
State transmission and or distribution system for a period
exceeding 3 months but not exceeding 3 years;

(19) “month” means a calendar month as per the Gregorian

calendar;

(20) “nodal agency” means the nodal agency referred to in these

regulations;

(21) “open access” means the non-discriminatory provision for the

use of transmission lines or distribution system or associated
facilities with such lines or system by any licensee or consumer
or a person engaged in generation in accordance with these
regulations;

(22) “open access consumer” means any licensee or consumer or

buyer or a person engaged in generation who has been granted
open access in accordance with these regulations;

(23) “short term open access” means open access for a period up to
one (1) month at a time;

(24) “SLDC” means State Load Despatch Centre established under

section 31 of the Act.

(25) “stranded distribution capacity” means the distribution capacity

which is likely to remain unutilized due to relinquishment of
access rights by a long-term open access consumer in
accordance with these regulations;

(26) “stranded transmission capacity” means the transmission

capacity in the intra-State transmission system which is likely to
remain unutilized due to relinquishment of access rights by a
long-term open access consumer in accordance with these
regulations;

(27) “State” means the State of Haryana;

(28) “Haryana Grid Code” means the Haryana Grid Code specified by
the Commission under Clause (h) of sub-section (1) of section 86
of the Act;

(29) “unscheduled interchange” means the unscheduled interchange

of energy as mentioned in the Indian Electricity Grid Code / CERC

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procedure shall be given on payment of nominal charges of ` 100/-.
However, in case of subsequent application, detailed procedure may not
be required to be given alongwith the application form but a copy of
subsequent amendment, if any, shall be provided to the existing or
prospective open access consumers.

Chapter - IV

Grant of connectivity

5. Eligibility for connectivity. – (1) A consumer or a person seeking

connectivity for a load of 10 MW and above or a generating station or a
captive generating plant having installed capacity of 10 MW and above
shall be eligible to obtain connectivity at 33 kV or above. A consumer or a
person seeking connectivity for a load of less than 10 MW or a generating
station or a captive generating plant having installed capacity of less than
10 MW shall be eligible to obtain connectivity at 33 kV or below

Provided that in case where connectivity cannot be given at the voltage

level specified in this regulation due to non availability of requisite system
or on account of some system / technical constraints then connectivity
shall be given at an appropriate voltage level irrespective of the load of
the consumer or the installed capacity of a generating station seeking the
connectivity.

Provided further that in case of the consumer or a generating station

already connected either to transmission system or the distribution
system at voltage level other than that specified in this regulation then
such consumer or the generating station shall continue to remain
connected at the same voltage level.

6. Procedure for grant of connectivity. - (1) Nodal agency for grant of

connectivity shall be the STU and application for grant of connectivity
shall be submitted to the nodal agency in the form and manner prescribed
in the detailed procedure.

Provided that till such time the detailed procedure prepared by the
coordination committee is approved by the Commission, the application
for grant of connectivity shall be processed by the nodal agency in
accordance with the existing procedure.

(2) The application for grant of connectivity to the intra-State transmission

system for the purpose of open access shall be accompanied by a non-
refundable fee of ` 2,00,000/-. The application for grant of connectivity to
the distribution system for the purpose of open access shall be
accompanied by a non-refundable fee of ` 1,00,000/- The fee shall be in
the shape of demand draft drawn in favour of the person as mentioned in
the approved detailed procedure.

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(3) The application for grant of connectivity with the intra-State
transmission system and or the distribution system shall contain details
such as proposed geographical location of the applicant, 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
consumer and such other details as specified in the approved detailed
procedure.

Provided that in case of any material change in the location or a change of

more than 10% in the quantum of power to be interchanged as per the
original application, the applicant shall file a new application incorporating
revised particulars. No application fee shall be required to be deposited if
the new application is filed within 15 days of the filing of the original
application. If the new application is filed after 15 days from the date of
filing of original application then the same shall be considered as a fresh
application and requisite charges shall be payable by the applicant in
accordance with these regulations.

(4) On receipt of the application, the nodal agency shall, in consultation

and through coordination with other agencies involved in the intra-State
transmission system and or distribution system and State Load Despatch
Centre, process the application and carry out the necessary feasibility
study in accordance with the provisions of the Central Electricity Authority
(Technical Standards for Connectivity to the Grid) Regulations, 2007 and
IEGC / Haryana Grid Code.

(5) The nodal agency, within forty five (45) days, from the receipt of an
application complete in all respects and after considering all suggestions
and comments received from other agencies involved in the intra-State
transmission system and or distribution system and State Load Despatch
Centre, shall:

(a) accept the application with such modification or such conditions as

may be stipulated by other agencies which are not inconsistent with these
regulations,

(b) reject the application, if such application is not in accordance with the
provisions of these regulations or grant of connectivity is not technically
feasible, for reasons to be recorded in writing. However, before rejecting
an application, opportunity of hearing shall be given to the applicant. In
case the applicant does not avail the opportunity within the specified time
period, the application shall be rejected forthwith.

(6) In case of acceptance of an application the nodal agency shall make a

formal “connectivity offer” to the applicant and forward a copy of the
“connectivity offer” to the appropriate intra-State transmission licensee in
case connectivity is granted to the intra-State transmission system of an
intra-State transmission licensee other than the STU and the concerned
distribution licensee as the case may be.

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(7) The nodal agency shall mention in the “connectivity offer” the name of
the sub-station or pooling station or switchyard or the line, the point of
connection etc. where connectivity is to be granted.

(8) In case a dedicated line in the transmission system or distribution

system is required to be constructed or where augmentation of the
transmission system and or distribution system is to be carried out for
grant of connectivity, the nodal agency shall, within 30 days from the date
of receipt of application, inform the applicant about the broad design
features, estimated cost and the timeframe for completion of the
dedicated line or the system augmentation. The cost of construction of
dedicated line or the augmentation of the transmission or distribution
system and associated facilities shall be borne by the applicant. Requisite
steps to be taken in this regard shall be as mentioned in the detailed
procedure.

(9) The applicant and all intra-State transmission licensees including the
State Transmission Utility and distribution licensee shall comply with the
provisions of Central Electricity Authority (Technical Standards for
Connectivity to the Grid) Regulations, 2007and IEGC / Haryana Grid Code
as amended from time to time.

(10) Within 10 days from the date of receipt of “connectivity offer” the
applicant may either accept the “connectivity offer” or may seek
clarification / change. In case some clarification / change have been
sought by the applicant, and such clarification / change do not affect the
status of original application or the connectivity offer, then the nodal
agency shall convey its decision within 10 days from the date of receipt of
communication in this regard from the applicant.

Provided that no material change in the original application or the

connectivity offer shall be allowed to be considered at this stage.
However, in case clarification / change sought by the applicant affect the
status of original application or the connectivity offer, such as change in
the location or quantum of power etc., then the same shall be considered
as new application and processed accordingly.

(11) Immediately after completion of all formalities in accordance with

these regulations and the detailed procedure, the nodal agency shall
inform the applicant in writing to sign a ‘connection agreement’ with the
STU, on the form and within the time period provided in the detailed
procedure.

Provided that in case connectivity is granted to the intra-State

transmission system of an intra-State transmission licensee other than the
STU, a tripartite agreement, as provided in the Central Electricity
Authority (Technical Standards for Connectivity to the Grid) Regulations,
2007 and Haryana Grid Code / IEGC, shall be signed between the
applicant, the STU and such intra-State transmission licensee.

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Provided further that the nodal agency shall provide a copy of each and
every connection agreement to the State Load Despatch Centre and the
concerned transmission and or distribution licensee within a week of
signing the same.

Provided also that in case the applicant fails to sign the ‘connection
agreement’ within the stipulated period, without seeking extension, the
acceptance of applicant to the connectivity offer shall stand lapsed and in
case the applicant is interested in seeking connectivity even after expiry
of extended stipulated period, his request shall be treated as a fresh
application and processed accordingly.

(12) The applicant shall be eligible to be connected to the intra-State

transmission system and or distribution system as the case may be from
the date mentioned in the connection agreement.

(13) The grant of connectivity shall not entitle an applicant to interchange

any firm power with the State grid unless it obtains long-term open
access, medium-term open access or short-term open access in
accordance with the provisions of these regulations.

(14) A generating station, including a captive generating plant, which has

been granted connectivity to the intra-State grid, shall be allowed to inject
infirm power into the grid during testing including full load testing before
commencing its commercial operation for a period not exceeding three
months after obtaining prior permission of the State Load Despatch
Centre.

Provided that the State Load Despatch Centre while granting such
permission shall keep the grid security in view and ensure that
injection of such infirm power is only for the purpose of testing, prior to
commencing of commercial operation of the generating station or a unit
thereof.

(15) Exit Option: A person shall not relinquish or transfer his rights and
obligations specified in the connection agreement without prior approval
of the nodal agency. The relinquishment or transfer of rights and
obligations by such person shall be subject to payment of compensation
to the STU / transmission licensee / distribution licensee, as the case may
be, as prescribed in chapter – XII of these regulations.

Chapter - V

Grant of open access

7. System consideration for granting open access. - (1) Before granting

long-term open access, the nodal agency shall give due consideration to
the planning / augmentation required for the intra-State transmission
system or distribution system.