Regulator fines TNEB official for not complying with open access norms

Our Bureau

Chennai, Jan. 18

The Tamil Nadu Electricity Regulatory Commission (TNERC) has penalised officials of the Tamil Nadu Electricity Board for contravening the provisions of the Intra State Open Access Regulation 2005.

Through an order on January 6, following suo motu proceedings, the commission has held that the decision of the TNEB Member (Generation) to lower the minimum limit of intra state open access to 0.5 MW from the prescribed 1 MW was ‘illegal.' The TNERC strongly criticised the action and fined the official Rs 20,000.

The Member (Generation) has the option to appeal before the Appellate Authority for Electricity.

The proceedings relate to the TNEB Member (Generation), lowering the 1 MW limit to 0.5 MW on January 2, 2009, in the case of Saheli Exports Pvt. Ltd and Kanishka Steel Industries, as communicated in his letters CE/dir/PP/EE/ABT/D.2/09 and CE/dir/PP/EE/ABT/D.4/09.

The TNERC has said that “instead of filing a petition before the State Commission for lowering the limit below 1 MW, the Member (Generation) decided to usurp the power of the State Commission conferred by Section 42(2) of the Electricity Act, 2003 and illegally lowered the limit.

“At no stage, did the State Commission give any indication that it is unwilling or disinclined to lower the limit of open access below 1 MW. The entire judicial process has been short circuited by the Member (Generation).â€

“The inescapable conclusion of the Commission is that the Member (Generation) has arrogated to himself the powers of the Commission and illegally granted open access to generators for a load of 0.5 MW for third party sale. The illegality is compounded by the fact that during the pendency of the proceedings before the Commission, the TNEB Chairman chose to lower the limit for open access from 0.5 MW to 0.25 MW.

The Commission believes that these acts constitute flagrant violations of the Electricity Act, 2003 and the Intra State Open Access Regulations 2005, which need to be visited with severe penalty.â€