THE

JHARKHAND GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

19 VAISHAKH 1946 (S)

RANCHI, THURSDAY 9^thMAY, 2024

JHARKHAND STATE ELECTRICITY REGULATORY

COMMISSION, RANCHI

--------

NOTIFICATION

9^th May, 2024

Jharkhand State Electricity Regulatory Commission (Terms and Conditions for

Green Energy Open-access) Regulations, 2024

Notification no – 99--In exercise of powers conferred under Section 86(1)(e)

which envisagesthe promotion of co-generation and generation of electricity from

renewable sources of energy, by providing suitable measures for connectivity with the

grid and sale of electricity to any person, read with Sections 181, 39(2)(d), 40(c),

42(2), 42(3), 86(1) (c) of the Electricity Act, 2003 and the enabling powers taken, the

Jharkhand State Electricity Regulatory Commission, hereby frames the following

Regulations.

No. 256

Jharkhand Gazette (Extraordinary), Thursday 9^thMay, 2024

Short Title and Commencement

1.1. These Regulations may be called the Jharkhand State Electricity Regulatory

Commission (Terms and Conditions for Green Energy Open-access)

Regulations, 2024.

1.2. These Regulations shall extend to the State of Jharkhand.

1.3. These Regulations shall come into force from the date of their publication in

the Jharkhand State Government Gazette.

Objective

2.1. The objective of these Regulations is to provide non-discriminatory Open

Access for Green Energy (Renewable Energy) for use of Intra-State

Transmission System(s) (InSTS) and/or Distribution System(s) of licensee(s)

in State including Intra-State Transmission or Distribution System(s),

which are incidental to Inter-State Transmission of electricity, for grant of

open access, methodology for the determination of Open Access Charges

and Banking Charges etc. for Green Energy Open Access consumers

Definitions and Interpretation

3.1. In this Regulation unless the context otherwise provides:

‘Act’shall mean the Electricity Act, 2003 and subsequent amendments

thereof;

b) ‘Central Nodal Agency’shall mean a Central Nodal Agency as notified

by the Central Government to set up and operate a single window

green energy Open-access system for renewable energy;

‘Commission’shall mean the Jharkhand State Electricity Regulatory

Commission (JSERC);

‘Green Energy Open Access Consumer (GEOA)’shall mean any

person who has contract demand or sanctioned load of 100 kW and

above, either through single connection or through multiple

connections aggregating 100 kW or more located in same electricity

division of a distribution licensee, (captive consumers shall not have

any load limit) who is supplied with electricity from RE sources for his

own use by a licensee or the Government or by any other person

engaged in the business of supplying electricity to the public under

this Act or any other law for the time being in force, and includes any

person whose premises are for the time being connected for the

purpose of receiving renewable energy with the works of a licensee, the

Government or such other entity, as the case may be;

Provided that in case of captive consumers there shall not be any load

limitation;

Jharkhand Gazette (Extraordinary), Thursday 9^thMay, 2024

‘Entity’shall mean any consumer who has contracted demand or

sanctioned load of 100 kW or more either through single connection or

through multiple connections aggregating 100 kW or more located in

same electricity division of a distribution licensee, except for captive

consumers

Provided that there shall be no capacity restriction for setting up of RE

projects for captive use with respect to the consumer’s contract

demand/sanctioned load (kW/MW, kVA/MVA) with DISCOMS availing

power under Green Energy Open Access.

‘Existing Consumer’shall mean a person already availing Open-

access for sourcing/ supplying renewable energy to the transmission

system and/ or distribution system of a licensee in the State under an

existing agreement or policy on the date of coming into force of these

Regulations;

‘Forum of Regulators’shall mean the Forum as referred to in sub-

section (2) of section 166 of the Act;

‘Renewable Energy’or ‘Green Energy’shall mean the electrical energy

from renewable sources of energy including hydro and storage (if the

storage uses renewable energy) or any other technology as may be

notified by the Government of India from time to time and shall also

include any mechanism that utilizes green energy to replace fossil

fuels including production of green hydrogen or green ammonia and

any other sources as may be determined by the Central Government

as per the provision of Clause G of sub-rule(2) of rule 4 of Electricity

(Promoting Renewable Energy Through Green Energy Open Access),

Rules 2022.

‘Month’ shall mean calendar month;

‘Rules’shall mean Electricity (Promoting Renewable Energy through

Green Energy Open Access) Rules, 2022 and amendments thereof, if

any, as notified by the Central Government;

‘Installation’shall mean the whole of electric wires, fittings, motors,

and apparatus installed and wired by or on behalf of the Consumer on

one and the same premises starting from the point of commencement

of supply;

‘SLDC’shall mean the State Load Dispatch Centre established under

sub-section (1) of section 31 of the Act;

‘Third party’ shall mean a developer who is generating renewable

energy but does not own the land but enters into a lease / commercial

agreement with the land owner;

Jharkhand Gazette (Extraordinary), Thursday 9^thMay, 2024

‘Obligated Entity’shall mean the entities mandated under clause (e)

of sub-section (1) of section 86 of the Act to fulfil Renewable Purchase

Obligation, which includes distribution licensee, captive user, and

open access consumer;

‘Open-access’shall mean the non-discriminatory provision for the use

of transmission lines or distribution systems or associated facilities

with such lines or system by any licensee or consumer or a person

engaged in generation in accordance with the Regulations specified by

the Appropriate Commission and shall stand amended as per sub-

section (47) of Section 2 of the Act;

‘Person’ shall include but not limited to any company or body

corporate or association or body of individuals, whether incorporated

or not, or artificial juridical person;

‘Premises’ includes but not limited to any land, building, or structure;

‘Standby charges’shall mean the charges applicable to open access

consumers against the standby arrangement provided by the

distribution licensee, in case the open access consumer is unable to

procure power from the generating sources with whom they have the

agreement to procure power due to outages of generator, transmission

assets, and the like.

‘State Transmission Utility’ or ‘STU’shall mean the Board or the

Government Company specified as such by the State Government

under sub-section (1) of Section 39 of the Act;

‘Wheeling’shall mean the operation whereby the distribution system

and associated facilities of a transmission licensee or distribution

licensee, as the case may be, are used by another person for the

conveyance of electricity on payment of charges to be determined

under section 62 of the Act;

3.2. Words and expressions used in these Regulations and not defined herein

but defined in the Act shall have the meaning respectively assigned to them

in the Act.

3.3. Reference to any Act, Rules, and Regulations shall include the

amendment(s), consolidation(s), or re-enactment(s) thereof.

3.4. All proceedings under these Regulations shall be governed by the JSERC

(Conduct of Business) Regulations, 2016, as amended or re-enacted from

time to time.

Renewable Purchase Obligation

4.1. On and from the date of commencement of these Regulations, there shall

be a uniform renewable purchase obligation, on all obligated entities in

area of a distribution licensee.

Jharkhand Gazette (Extraordinary), Thursday 9^thMay, 2024

4.2. Any entity, whether obligated or not may elect to generate, purchase and

consume renewable energy as per their requirements by one or more of the

following methods: -

Own Generation from renewable energy sources:

There shall not be any capacity limit for installation of power plants

from renewable energy sources, by entitiesfor their own consumption

and such plants may be set up at any location in India and power

shall be transmitted over Inter State Transmission System (ISTS) or

Intra State Transmission System (InSTS) or both using Open Access by

usingopenaccess:

Provided that the generating plant may be set up by the entity itself or

by a developer with which the entity enters into a Power Purchase

Agreement (PPA).

By procuring Renewable Energy through Open Access from any

Developer either directly or through a trading licensee or through

power market(s).

Explanation:

Developer means the generating company who generates electrical

energy from renewable sources of energy.

ii.

Trading Licenseemeans a person who has been granted a licence by

appropriate commission, for purchase of electricity for resale

thereof.

By requisition from distribution licensee:

Any consumer may elect to purchaseGreen Energy eitherupto a

certain percentage of the consumption or its entire consumption

and they may place a requisition for this with their distribution

licensee, which shall procure such quantity of green energy and

supply it and the consumer shall have the flexibility to give separate

requisition for solar andnon-solar;

ii.

The consumer may purchase on a voluntary basis, more renewable

energy, than he is obligated to do and for ease of implementation,

this may be in steps of 25% going upto100%;

iii.

The tariff for the green energy shall be determined separatelyby the

Commission, which shall comprise of the average pooled power

purchase cost of the renewable energy, cross-subsidy surcharges if

any, and service chargescovering theprudent cost of the distribution

licensee for providing the green energy;

iv.

Any requisition for green energy from a distribution licensee shall be

for a minimum period of one year;

Jharkhand Gazette (Extraordinary), Thursday 9^thMay, 2024

The quantum of green energy shall be pre-specified for at least one

year;

vi.

The green energy purchased from distribution licensee or from

Renewable Energy sources other than distribution licensee in excess

of Renewable Purchase Obligation of obligated entity shall be

counted towards Renewable Purchase Obligation compliance of the

distribution licensee;

vii.

The Accounting of renewable energy supplied at distribution licensee

level shall be on a monthly basis;

By consuming green energy from captive power plant.

By purchasing of renewable energy certificates in accordance with the

applicable regulations.

Purchase of green hydrogen or green ammonia:

The obligated entity can also meet their Renewable Purchase

Obligation by purchasing green hydrogen or green ammonia and the

quantum of such green hydrogen or green ammonia would be

computed by considering the equivalence to the green hydrogen or

green ammonia produced from one MWh of electricity from the

renewable sources or its multiples and norms in this regard shall be

notified by the Central Commission.

Any other sources, as may be, determined by the Central Government.

Categorization of Green Energy Open-access

5.1. The Green Energy Open-access consumers shall be classified into the

following categories based on the duration of use of the intra-state

transmission and/or distribution system:

Long-term Open-access consumers:shall mean the right to use the

Intra-state transmission and/ or distribution system for a period

exceeding 12 years but not exceeding useful life of the Plant, whichever

is earlier;

Medium-term Open-access consumers:shall mean the right to use the

Intra-State Transmission and /or distribution system for a period

exceeding 3 months but not exceeding 3 years;

Short-term Open-access consumers:shall mean Open Access for a

period up to one (1) month at a time;

Provided that short-term Green Energy Open access consumers shall

be eligible & re-eligible to obtain a fresh reservation on the filing of an

application after the expiry of his term and subject to availability. Such

eligibility shall be on priority fixed on the basis of the date of

application.

Jharkhand Gazette (Extraordinary), Thursday 9^thMay, 2024

‘Standby charges’shall mean the charges applicable to open access

consumers against the standby arrangement provided by the

distribution licensee, in case the open access consumer is unable to

procure power from the generating sources with whom they have the

agreement to procure power due to outages of generator, transmission

assets, and the like.

‘State Transmission Utility’ or ‘STU’shall mean the Board or the

Government Company specified as such by the State Government

under sub-section (1) of Section 39 of the Act;

‘Wheeling’shall mean the operation whereby the distribution system

and associated facilities of a transmission licensee or distribution

licensee, as the case may be, are used by another person for the

conveyance of electricity on payment of charges to be determined

under section 62 of the Act;

5.2. Words and expressions used in these Regulations and not defined herein

but defined in the Act shall have the meaning respectively assigned to them

in the Act.

5.3. Reference to any Act, Rules, and Regulations shall include the

amendment(s), consolidation(s), or re-enactment(s) thereof.

5.4. All proceedings under these Regulations shall be governed by the JSERC

(Conduct of Business) Regulations, 2016, as amended or re-enacted from

time to time.

Renewable Purchase Obligation

6.1. Subject to the provisions of these Regulations and system availability,

consumers shall be eligible for Green Open-access to the intra-state

transmission system of the State Transmission utility or any other

transmission licensee(s) and distribution system of the distribution

Licensee(s) within the State.

Provided that notwithstanding anything contained in these Regulations,

any renewable energy (RE) generation company that currently has a valid

Power Purchase Agreement (PPA) with the Distribution Licensee will not be

allowed to use open access for the RE capacity specified in the PPA except

in accordance with the terms of such PPA.

Provided further that, such Open-access shall be available on payment of

such charges as may be determined by the Commission from time to time.

6.2. Every person, who has constructed a captive generating plant shall have

the right to Open-access as per the provisions of Section 9 of the Act.

Provided further that the consumer shall not change the quantum of RE

power consumed through Open-access for twelve time-blocks in a day, in

order to avoid high variation in demand to be met by the distribution

licensee.

Jharkhand Gazette (Extraordinary), Thursday 9^thMay, 2024

7. Nodal Agency

7.1. All the applications related to green energy Open-access shall be submitted

to the portal set up by the Central Nodal Agency (i.e. Grid Controller of

India Limited) who operates the Green Open Access Registry (GOAR). The

applications shall be routed to the State Nodal Agency (SNA) by the Central

Nodal Agency.

Provided that, till such time the procedures and formats are devised by

Central Nodal Agency, the existing procedures/formats may be followed in

the matter.

7.2. For all long-term and medium-term open access transactions, the Nodal

Agency for receiving and processing applications shall be the State

Transmission Utility (STU).

7.3. For short-term open access transactions, the Nodal Agency for receiving

and processing applications shall be the State Load Dispatch Centre

(SLDC). The SLDC shall, however, allow short-term open access

transactions only after consulting the concerned transmission and/or

distribution licensee(s) whose network(s) would be used for such

transactions:

7.4. Provided that for short-term transactions with duration of less than one

week, the SLDC may not consult the concerned licensees for permitting

such transactions. The SLDC and Licensees shall devise procedures for

coordination among themselves for allowing such short-term transactions.

7.5. The State Nodal agencies (i.e. SLDC & STU) and Distribution Licensees

shall make all relevant information regarding green energy open access to

the public on the portal of Central Nodal Agency.

Allotment priority

8.1. GEOA consumers shall have preference over normal Open-access

consumers, excluding distribution licensees.

Among the GEOA consumers, long-term GEOA consumers shall have

preference followed by medium-term and subsequently short-term, at any

given time, subject to the availability of spare transmission/distribution

system capacity margins.

Provided that, the decision for allowing the Open-accessshall be on the

basis of first come first served.

Jharkhand Gazette (Extraordinary), Thursday 9^thMay, 2024

Procedure for grant of Green Energy Open-access

9.1. The GEOA applicant shall submit an application complete in all respects, in

the format as specified by Central Nodal Agency, on the central portal.

9.2. The application shall be forwarded to the concerned State Nodal Agency by

the Central Nodal Agency for further verification. The time schedules for

processing of the Applicationis mentioned in Annexure-1.

9.3. The State Nodal Agency shall ensure that non-refundable processing fee of

ten thousand rupees for long-term/medium-term Green Energy Open-

access and three thousand rupees for short-term Green Energy Open-

access is paid by the applicant to the nodal agency and the nodal agency

shall intimate the same through electronic mode of communication,

immediately on receipt of the application form, from Central Agency. The

applicant shall pay the processing fees within one working day.

9.4. An application for a short-term GEOA, for power plant(s) or its/their

generating unit(s) which are yet to be commissioned, shall be made not

before two months prior to the commissioning date of such power plant(s)

or its/their generating unit(s), to avoid unnecessary blocking of corridor.

9.5. An application for long-term/medium-term GEOA shall be accompanied by

a Bank Guarantee (BG) of ten thousand rupees per MW, which shall be

kept valid and subsisting till the signing of agreement for wheeling of

electricity and such BG shall be encashed by the Nodal Agency, if the

application is withdrawn by the applicant prior to the signing of such

agreement. On signing of the agreement for wheeling of electricity, the BG

shall be returned immediately to the applicant by the SNA. The BG shall be

submitted within three working days from the date of intimation by the

SNA.

9.6. In case there is any material change with regards to the location of the

injection point or quantum of power to be interchanged (by more than ten

percent) using the intra-State transmission and or distribution system, a

fresh application shall be made for the entire capacity to ascertain the

system availability and such application shall be accompanied by relevant

documents, application fees and in case of long-term Open-access with

required bank guarantee for the additional capacity and in case the

additional capacity sought for cannot be accommodated in the existing

network, the applicant is entitled for Open-access to the extent of his

original allotment.

9.7. Where any application is rejected for any deficiency or defect, the

processing fees and BG, if submitted, shall be returned to the applicant

and in such cases a fresh application to the Central Nodal portal shall be

made by the applicant after curing the deficiency or defect.

9.8. The State Nodal Agency shall communicate to the applicant through a

recognized mode of communication, the grant of Open-access or otherwise.

Jharkhand Gazette (Extraordinary), Thursday 9^thMay, 2024

9.9. Further, during the pendency of application for grant of GEOA, the

applicant shall not inject any energy to the licensee’s network and the

licensee shall not be liable to pay any charges for the energy injected during

such period.

9.10. Any energy injected into the licensee’s network from the date of grant of

Open-accesstill the date of submission of agreement for wheeling, the

applicant shall be entitled for payment of energy charges at Average Pooled

Power Purchase cost (APPC) rate determined by the Commission for the

relevant year for the relevant RE source, whichever is lower.

9.11. The person seeking Open-access shall execute the agreement for wheeling

of electricity within the time specified above, failing which the Open-access

granted or deemed to have been granted shall stand cancelled.

9.12. The transmission Licensee(s), distribution licenses(s) and the SLDC shall

ensure proper coordination while arranging for Open-access.

9.13. New generating plant(s) or generating Unit(s) seeking long-term Open-

access and entering into an agreement for wheeling, shall commission such

plant(s) or unit(s) within twelve months from the effective date, failing

which the Open-access granted shall be deemed to have been cancelled, to

avoid unnecessary blocking of the corridor.

9.14. An Open-access consumer shall enter into commercial agreements with

generators, traders and others, as applicable, and such agreements shall

include provisions pertaining to payment security mechanism.

9.15. The State Nodal Agency shall host on its website the details of every

application received from the Central Nodal Agency and the status of such

application on a continuous basis, which shall be made available to the

public.

9.16. All the information related to approvals, rejections, revisions, curtailment,

etc. shall be made available to the applicant through the web-based portal

for Green Energy Open Access hosted by the Central Nodal Agency

9.17. The State nodal Agency shall prepare formats in line with the procedure

followed by Central Nodal Agency, for smooth implementation of the GEOA

in the State.

10. Procedure for applying for Day Ahead GEOA Transactions

10.1. The applicant shall apply to the Central Portal for Day Ahead GEOA

Transactions.

10.2. For-the applications received by the SNA from the central agency, before

13:00 hours of the day immediately preceding the day of scheduling for

day-ahead GEOA transaction, the State Nodal Agency shall check for

congestion in the system and convey grant of approval or otherwise to the

applicant through e-mail or fax, not later than 15:00 hours of the day

immediately preceding the day of scheduling for day-ahead transaction,

after ensuring that there is no subsisting PPA for the capacity sought under

OA.

Jharkhand Gazette (Extraordinary), Thursday 9^thMay, 2024

10.3. Non-refundable processing fee of Three Thousand rupees for each

transaction shall be paid by the applicant, in cash or by way of a demand

draft or proof of payment through electronic transfer in favour of the State

Nodal Agency.

Provided that the actual operationalisation of Open-access shall be

effected subject to payment by the applicant of the charges as specified in

these Regulations and orders passed by the Commission from time to time,

before 17:00 hours of the day immediately preceding the day of scheduling

for day-ahead transaction.

10.4. Where Open-accessis denied, the State Nodal Agency shall furnish reasons

thereof to the applicant.

11. Non-Utilisation of Green Open-access service by Green Open-access

Consumers

11.1. In the event of inability of the short-term Green Open-access consumer to

utilize for more than four hours, full or substantial part of the capacity

allocated to him, such a short-term Open-access consumer shall inform the

respective SLDC of his inability to utilise the capacity, along with reasons

thereof and may surrender the use of capacity allocated to him. However,

such short-term consumer shall bear full transmission and /or wheeling

charges based on the original reserved capacity and the period for which

such capacity was reserved.

11.2. A medium-term/long-term consumer shall not relinquish or transfer his

rights and obligations specified in the Open-access agreement without prior

approval of the nodal agency. The relinquishment or transfer of such rights

and obligations by a long-term consumer shall be subject to payment of

compensation, as per the terms of the Open-access agreement.

11.3. The SLDC may cancel or reduce the capacity allocated to a short-term

Open-access consumer to the extent it is underutilized, when such a short-

term Open-access consumer under-utilizes the allocated capacity more

than 2 times in a month with duration of underutilization exceeding 2

hours each time or fails to inform the distribution licensee of his inability to

utilise the allocated capacity. Such cancellation shall be resorted to after

giving due notice.

11.4. The surplus capacity available as a result of its surrender by the short-term

Open-access consumer under clause (1) above or reduction or cancellation

of capacity by the SLDC under clause (3) above, may be allocated to any

other short-term Open-access consumer in the order of pending

applications based on the point of injection and drawal.

Jharkhand Gazette (Extraordinary), Thursday 9^thMay, 2024

12. Green Energy Open-access Charges

12.1. The following charges may be determined by the Commission considering

the methodology specified by the Ministry of Power under the Electricity

(Promoting Renewable Energy through Green Energy Open Access) Rules,

2022 (as amended from time to time):

Transmission Charges;

Wheeling Charges;

Cross subsidy Charges;

Additional Charges;

Standby Charges, wherever applicable;

Banking Charges;

other fees and charges such as Load Despatch Centre fees and

scheduling charges, deviation settlement charges as per the relevant

regulations of the Commission;

Transmission Charges:

(i)

For use of inter-State transmission system:

Charges shall be levied on Green Energy Open Access Consumer

by the Central Commission from time to time.

(ii)

For use of intra-State transmission system:

With Storage System

Grid connected solarprojects with storage systems selling power

within the state shall get 100% exemption from transmission

charges for a period of 10 years from the date of commissioning of

the project. The details of the exemption shall be specified in the

bidding document.

Provided that the transmission losses are fully applicable for both

third parties as well as captive solar project within the state.

Without Storage System

Transmission charge shall belevied on Green Energy Open Access

Consumers as determined by the Commission in its Order from

time to time.

Provided that, where a dedicated transmission system for open access

has been constructed by Transmission Licensee and used for exclusive

use of an Open Access Consumer, the Transmission Charges for such

dedicated system shall be worked out by Transmission Licensee and

shall get the same approved from the Commission. The charges shall

be borne entirely by such Open Access Consumer till such time its

surplus capacity, if any, is allotted and used by other persons or for

other purposes:

Jharkhand Gazette (Extraordinary), Thursday 9^thMay, 2024

Provided further that after allotment of such surplus capacity to other

open access consumers, the charges shall be borne proportionately in

the ratio of allotment of total capacity amongst the open access

consumers:

Provided also that after utilization of such surplus capacity for other

purposes by the transmission Licensee, the charges shall be reduced

to the extentit’s surplus capacity is used by Transmission Licensee:

Provided also that in addition to transmission charges, Intra-State

transmission loss shall be applicable to consumers seeking GEOA as

may be determined and notified by SLDC, Jharkhand from time to

time in accordance with applicable Regulations.

Wheeling Charge:

With Storage System

Grid connected solar projects with storage systems selling power

within the state shall get100% exemption from wheeling charges for a

period of 10 years from the date of commissioning of the project. The

details of the exemption shall be specified in the bidding document.

Provided that the distribution losses are fully applicable for both third

parties as well as captive solar project within the state.

Without Storage System

Wheeling Chargesshall be levied on Green Energy Open Accessif

consumers are determined by the Commission in Retail supply order

issued from time to time.

Provided that, where a dedicated distribution system for open access

has been constructed by Distribution Licensee and used for exclusive

use of an open access consumer, the wheeling charges for such

dedicated system shall be worked out by Distribution Licensee and

shall get the same approved by the Commission. Such charges shall be

borne entirely by such open access consumer till such time the

surplus capacity is allotted and used by other persons or for other

purposes:

Provided further that after allotment of such surplus capacity to other

open access consumers, the charges shall be borne proportionately in

the ratio of allotment of total capacity amongst the Green Energy Open

Access Consumer:

Provided also that after utilization of such surplus capacity for other

purposes by the Distribution Licensee, the charges shall be reduced to

the extent the surplus capacity is used by Distribution Licensee:

Provided also that in addition to wheeling charges, wheeling loss shall

Jharkhand Gazette (Extraordinary), Thursday 9^thMay, 2024

be applicable to consumers seeking Green Energy Open Access as

determined in the Retail Supply Tariff order of the Commission issued

from time to time.

Cross subsidy surcharge:

Solar Project less than 25 MW set up for third party

The cross-subsidy surcharge shall be exempted for the solar projects

set up for third party sale within the state (less than 25 MW) and

captive solarprojects through open access.

Renewable Energyother than set for third party

Cross Subsidy surcharge shall be levied on GEOA consumers as

determined by the Commission in its Retail Supply tariff order from

time to time.

Provided that GEOA Consumer, in addition to transmission and

wheeling charges, shall pay applicable cross subsidy surcharge on the

actual energy drawn during the month through open access. The

amount of surcharge shall be paid to the Distribution Licensee of the

area of supply from whom the consumer was availing supply before

seeking open access:

Provided further that such cross-subsidy surcharge shall not be levied

in case a person is availing green power from the plant established as

captive generation plant for his own use:

Provided also that cross subsidy surcharge shall not be applicable in

case

GEOA Consumer is availing power from a non-fossil fuel-based Waste-

to-Energy Plant:

Provided also that the cross-subsidy surcharge shall not be applicable

if green energy drawn through green energy open access is utilised for

production of green hydrogen and green ammonia.

Provided also that the cross-subsidy surcharge shall not exceed 20% of

average cost of supply.

Additional Surcharge

Solar project less than 25 MW set up for third party

The additional surcharge shall be exempted for the solar projects set

up for third party sale within the state (less than 25 MW) and captive

solar projects through open access.

Renewable Energy project other than set up for third party

Jharkhand Gazette (Extraordinary), Thursday 9^thMay, 2024

Additional surcharge shall be levied on GEOA consumers as

determined by the Commission in its Retail Supply tariff order from

time to time.

Provided that GEOA Consumer, in addition to transmission charges,

wheeling charges and cross subsidy surcharge, shall pay additional

surcharge on the actual energy drawn during the month through open

access. The amount of additional surcharge shall be paid to the

Distribution Licensee of the area of supply from whom the consumer

was availing supply before seeking open access:

Provided further that the additional surcharge shall not be applicable

for GEOA Consumers, if fixed charges are being paid by such a

consumer;

Provided also that such additional surcharge shall not be levied in case

a person is availing green power from the plant established as captive

generation plant for his own use:

Provided also that additional surcharge shall not be applicable in case

GEOA Consumer is availing power from a non-fossil fuel-based Waste-

to-Energy Plant:

Provided also that the additional surcharge shall not be applicable if

green energy drawn through green energy open access is utilised for

production of green hydrogen and green ammonia:

Provided also that additional surcharge shall not be applicable in case

of green energy is supplied to the GEOA Consumer from offshore wind

projects which are commissioned up to December 2025.

Standby Facility and Charges:

The standby charges, wherever applicable, shall be specified by the

State Commission and such charges shall not be applicable, if the

GEOA Consumers have given notice, in advance atleast a day in

advance before closure time of the Day Ahead Market on ‘D - [minus] 1’

day, 'D' being the day of delivery of power for standby arrangement to

the distribution licensee

Provided that the applicable standby charges shall not be more than

twenty-five per cent of the energy charges applicable to consumer tariff

category.

Explanation: For the purposes of this rule,

i. The expression ‘standby charges’ means the charges applicable to open

access consumers against the standby arrangement provided by the

distribution licensee, in case the open access consumer is unable to

procure power from the generating sources with whom they have the

agreements to procure power due to outages of generator, transmission

assets and the like.

Jharkhand Gazette (Extraordinary), Thursday 9^thMay, 2024

ii. It is hereby clarified that in such situations the open access consumer

has to take power from an alternate source like the distribution licensee

and the charges for maintaining standby arrangements for such

consumers should be reflective of the costs incurred by distribution

licensee for providing these support services

In case the green energy open access consumer is unable to

procure/schedule power from the generating sources with whom they

have the agreements to procure power due to outages of generator,

transmission systems and the like, standby arrangement shall be

provided to Green Energy Open Access consumer by the distribution

licensee of the area of its supply.

The Standby Charges for Green Energy Open Access for such standby

arrangement shall be 1.25 times of normal tariff of the consumer

category:

Provided that such Standby Charges shall not be applicable if the

Green Energy Open Access Consumers have given notice, at least a

day in advance before gate closure in DAM on ‘D-1’ day, ‘D’ being the

day of delivery of power, for standby arrangement to the distribution

licensee.

The Standby Charges for Green Energy Open Access shall be

computed in Rs/kWh and it shall be charged on the actual energy

drawn by the consumer from distribution licensee during the period of

standby availed by Green Energy Open Access consumer in case of

outage of RE generator under Green Energy Open Access.

Banking

Banking facility shall be provided to the consumers availing Green

Energy Open Access. The Surplus energy of a green energy open

access consumer, from a ‘Green Energy’ Generating Station, after

consumption in its premises, may be banked with the Distribution

Licensee.

ii.

The banking of electricity shall be the process under which the CPP

shall supply power to the grid, not with the intention of selling it, but

with the intention of exercising its eligibility to draw back this power

from the grid at a later stage.

iii.

Banking shall be permitted on a monthly basis on payment of

applicable charges. The banking charges shall be 8% of the energy

banked by the CPP with the Licensee.

Provided that there is no non-banking month in a financial year.

iv.

Both, the Maximum MW for Injection during banking and Maximum

MW for Drawl shall be agreed between the Distribution Company and

Jharkhand Gazette (Extraordinary), Thursday 9^thMay, 2024

Captive Generators based on technical limits and Planned Power

Sources of the Distribution Company.

The withdrawal of banked energy shall be allowed on a slot to slot

basis during the financial year only as per the following system,

Peakhourbankingwithpeakhourwithdrawal;

PeakhourbankingwithOffpeakhourwithdrawal; and

Offpeakhourbanking withOffpeakhourwithdrawal;

Provided that the withdrawal of power in peak hours shall not be

allowed against power banked in Off peak hours.

Provided further that the quantum of withdrawal of banked power

shall not be more than the power banked as per the slot to slot

system.

vi.

The permitted quantum of banked energy in each month by the Green

Energy Open Access consumers shall be at least 30% of the total

monthly consumption of electricity from the Distribution Licensee by

the Green Energy Open Access consumers.

Provided further that theun-utilised surplus banked energy shall be

considered as lapsed at the end of each banking cycle (i.e. monthly)

and the Renewable Energy generating station shall be entitled to get

Renewable Energy Certificates to the extent of the lapsed banked

energy.

vii.

The energy account of all banking transactions shall be maintained by

SLDC.

Other Charges

In addition to above charges, the consumer availing Green Energy Open

Access shall also pay the following charges determined by the Commission

as per the provisions of the relevant regulations of the Commission:

Applicable SLDC fees and charges

II.

Scheduling charges

III.

RE Deviation Settlement Charges (RE-DSM).

The GEOA Consumer shall pay the monthly transaction charges of Rs.

10,000 (Rupees Ten Thousand only) for maintaining the transaction details,

to the State Nodal Agency and meter reading charges of one thousand

Rupees to the concerned licensee(s) who carry out such meter reading. No

meter reading charges shall be collected, in case of AMR meters having

remote meter reading facilities are being installed by the consumer.

Jharkhand Gazette (Extraordinary), Thursday 9^thMay, 2024

13. Curtailment Priority

13.1. In case due to transmission/distribution system constraints or otherwise, it

is necessary to curtail the service, the following priority shall be followed:

The short-term Open-access consumer (other than GEOA consumer)

shall be curtailed first followed by short-term GEOA consumers.

Next, medium-term Open-access consumer (other than GEOA

consumer) followed by medium-term GEOA consumer shall be

curtailed.

Next long-term Open-access consumer {other than GEOA consumer)

followed by long-term GEOA consumer shall be curtailed.

Provided that within a category, the GEOA consumers shall have equal

curtailment priority and shall be curtailed on pro-rata basis.

Provided further that distribution licensees shall be curtailed as last resort.

14. Dispute Resolution

14.1. All disputes and complaints relating to GEOA shall be made to the

concerned SNA (i.e. for short term-SLDC, and for medium, & long term –

STU), which may investigate and endeavour to resolve the grievance.

14.2. No application for Open-access shall be denied unless the applicant has

been given an opportunity of being heard in the matter and all orders

denying open access shall be speaking orders by the concerned nodal

agency.

14.3. Appeal against an Order of the concerned nodal agency shall be preferred

before the Commission, within a period of thirty days from the date of

receipt of order as provided under sub-Rule (4) of Rule 7 of Green Energy

Open Access Rules 2022 notified by MoP, GoI.

14.4. The Commission shall dispose off the matter within three months and

orders of the Commission shall be binding.

15. Special Energy Meters

15.1. Metering shall be done in accordance with the provisions of CEA

(Installation and Operation of Meters) Regulations,2006 as amended from

time to time.

15.2. Meters with Time of the Day (TOD) facility shall be installed by the

GEOAGenerators/consumers.

15.3. The meters shall be capable of time-differentiated measurements (15

minutes) of necessaryparameters. These meters shall always be maintained

in good condition and shall be open forinspection by any person authorized

by the State nodal agency.

Jharkhand Gazette (Extraordinary), Thursday 9^thMay, 2024

15.4. The meter shall include CTs, PTs and associated accessories and shall be

tested and calibratedat least once in a year.

15.5. The meters shall be sealed by the distribution licensee in whose area the

Generator/Consumeris situated.

15.6. In case the meter is provided by the transmission/distribution licensee, the

Open-access consumer shall pay for its rent and also provide meter

security deposit.

15.7. The meter shall be capable of communicating its reading to SLDC on real

time basis.

15.8. The metering code prevailing in the State shall be applicable to the GEOA

consumers also.

16. Energy losses

16.1. Energy losses of the transmission and distribution system shall be

applicable to the GEOA consumers as specified by the Commission from

time to time.

17. Compliance of Grid Code/Distribution Code

17.1. GEOA consumers shall abide by the State Grid Code, Distribution Code

and all other Codes and Standards, DSM Regulations as applicable from

time to time.

18. Collection and Disbursement of charges

18.1. The charges in respect of GEOA consumers shall be payable directly to the

State Nodalagency in accordance with the terms and conditions of payment

as specified by the State Nodal agency. SNA shall disburse the amount

received to the appropriate licensees (Transmission charges to transmission

licensee and distribution network charge to theappropriate distribution

licensee).

18.2. Other GEOA charges, in case of more than one licensee is supplying in the

same area, the licensee from whom the consumer was availing supply shall

be paid the amounts socollected.

19. Information System

19.1. SLDC shall post the following information in a separate web page titled

“GEOAinformation” and also issue a monthly and annual report containing

such information;

Astatus report on long-term consumers/ medium-term/ short-term

consumers;

Floor rate for bidding in case of congestion;

Peak load flows on EHV and HV lines;

Jharkhand Gazette (Extraordinary), Thursday 9^thMay, 2024

Information regarding average loss in the transmission system and

distribution system as determined by the licensee/s ona monthly

basis.

19.2. The information shall be updated upon every change in status.

19.3. All previous report: shall be available in the web-archives.

19.4. The SLDC shall host the above information on its website within one month

from the date of notification of these Regulations.

20. Reports

20.1. The transmission/distribution licensee shall submit a report to the

Commission or as often requested by the Commission the information in

the following format:

Sl.

No.

Name and

address of the

open

access/wheeling

consumer

Point of

Injection

Point of

withdrawal

Capacity

allowed

(in MW)

Period

of open

access

allowed

Actual

annual

utilization

of energy

in MU

21. Green certificate

21.1. The distribution licensee shall give green certificate on yearly basis to the

consumers for the green energy supplied by the licensee to consumer on

his request beyond the renewable purchase obligation of the consumers.

22. Consumer Rating

22.1. The State Commission may introduce the concept of rating of the consumer

of the distribution licensee, based on the percent of green energy purchased

by such consumer.

23. Issue of orders and practice directions

23.1. Subject to the provision of the Electricity Act, 2003 and these Regulations,

the Commission may, from time to time, issue orders and practice

directions with regard to the implementation of the Regulations and

procedures to be followed.

24. Power to Remove Difficulties

24.1. In case of any difficulty in giving effect to any of the provisions of these

Regulations, the Commission may by general or special order, direct the

GEOA consumers, generators and the licensees to take suitable action, not

being inconsistent with the provisions of Electricity Act, 2003, which

appears to the Commission to be necessary or expedient for the purpose of

removing the difficulty.

Jharkhand Gazette (Extraordinary), Thursday 9^thMay, 2024

24.2. The GEOA consumers/licensees may make an application to the

Commission and seek suitable orders to remove any difficulties that may

arise in implementation of these Regulations.

25. Power to amend

25.1. The Commission may from time to time add, vary, alter, modify or amend

any provisions of these Regulations after following the necessary

procedures.

26. Interpretation

26.1. The decision of the Commission regarding the interpretation of these

Regulations shall be final and binding.

By Order of the Commission.

R.P.Nayak,

Secretary

Jharkhand Gazette (Extraordinary), Thursday 9^thMay, 2024

Annexure-1

The table details the time schedules shall be followed for processing the Application:

Sl.

Particulars

Timeline

Remarks

The date on which an

application is received

by SNA from Central

Nodal Agency

Zero Date

Acknowledgment

receipt of Application

Zero Date

The acknowledgment shall be

provided

immediately

electronic mode.

Acceptance

application

SNA

after confirming that all

the relevant documents

are furnished by the

applicant

including

processing fees and BG

Within three working days

from the zero date

case

the

application

incomplete,

the

SNA

shall

inform the same in writing

rejecting the application and

furnishing the details of the

defects. After rectifying the

defects, a fresh application

shall be made.

Forwarding

application to STU/ or

the

transmission

licensee/

concerned

Distribution licensee

Within five working days

from the zero date

acceptance

the

application, the same shall be

forwarded to STU/ or the

transmission

licensee/

concerned Distribution licensee

for

ensuring

the

system

availability

and

that

the

generators are not having any

subsisting PPA for the capacity

for which the OA is sought,

except in accordance with the

terms of such PPA.

Concurrence

from

STU/

the

transmission licensee/

concerned Distribution

licensee

Within ten working days

from the zero date

In case system strengthening is

required, the probable date of

granting OA shall be intimated

to SNA within the same time.

In case concurrence is not

received within the specified

time, SNA shall consider it to

be deemed concurrence.

Provided

that

the

system

studies at the drawl point to

ascertain the availability is not

required for a consumer of the

licensee availing Open-access,

subject

the

applicant

furnishing

undertaking

that, he would not exceed the

Jharkhand Gazette (Extraordinary), Thursday 9^thMay, 2024

Sl.

Particulars

Timeline

Remarks

contract demand specified in

his supply agreement with the

licensee even after opting for

Open-access.

Grant of Open-access

or otherwise

Within Twelve working days

from the zero date

The SNA shall intimate the

applicant, the grant of OA

within the time specified.

In case OA is not granted, the

same shall be intimated within

the above time furnishing the

reasons in writing and also the

probable date from which the

OA can be granted.

In case, SNA fails to intimate

the grant of OA or otherwise,

within the above specified time,

the same shall be deemed to

have been granted, which is

subject. to system availability.

Submission

agreement

the

applicant for long-term

Open-access

Within twenty working days

from the zero date

The applicant shall submit

copies of signed agreement to

the

SNA/parties

the

agreement

the

standard

format

approved

the

Commission.

The

existing

Agreement

modified by the Commission

for REC and non-REC route

projects in accordance with

these

Regulations

shall

adopted.

In case the applicant fails to

submit the Agreement within

the specified time, the Open-

access granted is deemed to

have been cancelled.

Submission of signed

copies of agreement by

STU/

connected

discoms

Within twenty-five working

days from the zero date

In case the STU/ connected

discoms fail to submit the

signed

copies

the

SNA

within the specified time, the

Agreement is deemed to have

been approved.

Effective

date

for

wheeling

In case the SNA receives the

copy

the

agreement

The applicant is allowed to

wheel the energy from the

Jharkhand Gazette (Extraordinary), Thursday 9^thMay, 2024

Sl.

Particulars

Timeline

Remarks

signed by the applicant, the

effective

date

for

commencement of operation

of wheeling of electricity by

the applicant shall be the

next date from the date of

submission of signed copy of

the agreement to the SNA.

Provided

that

the

above

effective

date

for

commencement of wheeling

operation

shall

also

applicable for banking in

case of solar Energy plants,

effective date.

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Printed & Published by the Superintendent of Jharkhand Government Press, Doranda, Ranchi.

Jharkhand Gazette (Extraordinary) 256-- 50.