APTEL Permits Open Access & Banking Facility to four Wind Developers
Appellate Tribunal for Electricity (APTEL) has directed the Maharashtra State Electricity Distribution Company Limited (MSEDCL) to grant open access facility to four wind developers in its recent order passed on April 27, 2021. APTEL also directed MSEDCL to compensate the appellants for the banked energy until the full quantum of open access is granted.
The final judgement was pronounced in the virtual court through video conference. The four wind power generators- Arvind Cotsyn (India) Limited, Jsons Foundry Private Limited, Western Precicast Private Limited and Roha Dyechem Private Limited, appealed to the tribunal demanding a grant to open access. The developers also appealed for compensation for the banked energy from MSEDCL.
During the hearings, the learned counsel agreed for the four appeals to be heard together as the issues involved were principally the same and the respondents in the appeals were also the same. Thus, a common judgement was rendered by the tribunal. APTEL allowed the requests of all four appellants after considering all the facts. The final judgement quotes, “Having regard to the factual and legal aspects of the matter, the instant Appeals filed by the Appellants are allowed.”
APTEL observed that DISCOM had misinterpreted the provision of banking stated in the Wind Tariff Order, 2003 as per which the renewable energy generator cannot bank excess power of over 10 per cent of the energy generated by the project. DISCOM curtailed the open access approval based on this interpretation. The State Commission or MERC had accepted the contention of DISCOM and rejected the prayer of the appellant.
