Central Electricity Regulatory Commission

New Delhi

Notification (Draft)

Date: 9th August, 2018

No.–L-1/(3)/2009-CERC: In exercise of the powers conferred under section 178 of

the Electricity Act, 2003 and all other powers enabling in this behalf, and after
previous publication, the Central Electricity Regulatory Commission hereby makes
the following regulations to amend Central Electricity Regulatory Commission (Grant
of Connectivity, Long-term Access and Medium-term Open Access in inter-State
Transmission and related matters Open Access in inter-State Transmission)
Regulations, 2009, as amended from time to time (hereinafter referred to as “the
Principal Regulations”), namely:-

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) (Seventh Amendment)
Regulations, 2018

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

2. Amendment to Regulation 2 of the Principal Regulations:

(1) The sub-clause (b)(i)(a) of Clause (1) of Regulation 2 of the Principal

Regulations shall be substituted as under:

“(a) A generating station other than Renewable Energy Generating station,

with installed capacity of 250 MW and above, including a captive
generating plant of exportable capacity of 250 MW and above or;”

(2) The following sub-clause shall be added after sub-clause (b)(i)(a) of clause (1)
of Regulation 2 of the Principal Regulations, namely:

“(aa) A Renewable Energy generating station with installed capacity of 50

MW and above, or;”

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(3) The sub-clause (b)(i)(b) of Clause (1) of Regulation 2 of the Principal
Regulations shall be substituted as under:

“(b) A Hydro Generating station of installed capacity between 50 MW and

250 MW.”

(4) The sub-clause (b)(i)(c) of Clause (1) of Regulation 2 of the Principal

Regulations shall be substituted as under:
“(c) One of the Hydro Generating stations or standalone storage project
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;”

(5) The following sub-clause shall be added after sub-clause (b)(i)(c) of clause (1)
of Regulation 2 of the Principal Regulations, namely:

“(cc) Renewable Energy generating station 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”

(6) The sub-clause (b)(i)(e) of Clause (1) of Regulation 2 of the Principal

Regulations shall be substituted as under:

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

developed by a generating company in its existing generating station of
the description referred to in sub-clauses (b)(i)(a) to (cc) of this clause and
seeking connectivity to the existing connection point with inter-State
Transmission System through the electrical system of the generating
station subject to availability of Connectivity capacity in existing station as
assessed by CTU.”

(7) The sub-clause (b)(i)(f) of Clause (1) of Regulation 2 of the Principal

Regulations shall be substituted as under:

“(f) Any company or entity authorized by the Central Government or State

Government as Renewable Power Park developer or;”

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(8) The following two sub-clauses shall be added after sub-clause (b)(i)(f) of
clause (1) of Regulation 2 of the Principal Regulations, namely:

“(g) Any company or entity designated by the Central Government or State

Government as Implementing Agency on behalf of the Renewable Power
Developers who are eligible for grant of connectivity under Clause
2(1)(b)(i)(aa) and 2(1)(b)(i)(cc) or;

(h) A Project Developer based on standalone storage source(s) of installed

capacity 50 MW or above.”

(9) Sub-clause (b)(ii) of clause (1) of Regulation 2 shall be substituted as under:

“(ii) A generating station including a captive generating plant, a consumer,

an electricity trader or a distribution licensee or applicant covered under
Clauses 2(1)(b)(i)(a) to (e) and 2(1)(b)(i)(h), in respect of long-term access
or medium-term open access, as the case may be;”

(10) Sub-clause (b)(iii) of clause (1) of Regulation 2 shall be substituted as under:

“(iii) Applicants covered under Clause 2(1)(b)(i)(f) or Clause 2(1)(b)(i)(g), in

respect of long term access.”

(11) The following provisions shall be added after sub-clause (k) of clause(1) of
Regulation 2 of the Principal Regulations,
“(k-a) “Implementing Agency” means a company or entity designated by
the Central Government or the State Government for selection of
Renewable Power Developer and to act as Intermediary Procurer who
shall buy power from these developers and sell the same to one or more
distribution licensees in accordance with the Guidelines issued from time
to time by the Ministry of Power, Government of India or the Ministry of
New and Renewable Energy, Government of India or the State
Government.”

(12) The following provisions shall be added after sub-clause (r) of clause (1) of
Regulation 2 of the Principal Regulations, namely :

"(r-a) “Renewable Energy Generating Station” shall mean a generating

station based on any renewable source of energy, and shall include
Renewable Hybrid Generating Station

(r-b) “Renewable Hybrid Generating Station” shall mean a generating

station based on hybrid of any renewable source(s) with or without
storage;

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 (r-c) “Renewable Hybrid Power Park” shall mean the Power Park based on
hybrid of any renewable source(s) with or without storage;

(r-d) “Renewable Power Developer” shall mean a Solar Power Developer

or Wind Power Developer or Renewable Hybrid Power Developer which
shall be responsible for developing the Renewable Energy Generating
Station;

(r-e) “Renewable Power Park Developers” shall mean a Solar Power Park
Developer or Wind Power Park Developer or Renewable Hybrid Power
Park Developer;”

(13) The following provision shall be added after sub-clause (u) of clause (1) of
Regulation 2 of the Principal Regulations:
“(u-a) “Storage” means energy storage system utilizing methods and
technologies like, Solid State Batteries, Flow Batteries, Pumped Storage
hydro-power, Compressed Air, or any other technology, to store various
forms of energy;”

3. Amendment of Regulation 5 of the Principal Regulations:

(1) The First proviso of Regulation 5 of the Principal Regulations shall be
substituted as under:
“Provided that an application for connectivity is not required to be made by
any transmission licensee;”

4. Amendment of Regulation 8 of the Principal Regulations:

(1) The First Proviso to Regulation 8 (1) shall be substituted as under:

“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 sub-clauses
(b)(i)(a) of Clause (1) of Regulation 2, 100MW or 40% of the installed
capacity, whichever is less, in the case of applicant defined under sub-
clauses (b)(i)(aa), (b)(i)(b), and (b)(i)(h) of Clause (1) of Regulation 2 and
100MW or 40% of the aggregate installed capacity, whichever is less, in
the case of applicant defined under sub-clauses (b)(i)(c) and (b)(i)(cc) of
Clause (1) of Regulation 2, such an applicant shall make a fresh
application, which shall be considered in accordance with these
regulations.”

(2) A new proviso shall be added after first proviso to clause (1) of Regulation 8
of the Principal Regulations as under:

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 “Provided that an applicant connected with the grid or granted connectivity
for a specific project can, with prior approval of CTU, utilize the same
Connectivity for additional generation capacity (for same or hybrid of
renewable sources), subject to the condition that net injection at any point
of time does not exceed the quantum of total Connectivity granted for the
existing project. For such additional generation capacity, existing
generating station shall undertake all operational and commercial
responsibilities for the additional capacity 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 an undertaking in this regard to the CTU,
with copy to the respective RLDC in whose control area it is located.”

(3) Further, in the existing 2nd proviso to Regulation 8(1) (3rd proviso as per the
proposed amendment), the words “and Regulation 2(1)(b)(i)(cc)” shall be added after
the words “Provided further that the application by the applicant defined under
Regulation 2 (1) (b) (i) (c)”.

(4) The existing Fourth Proviso (5th proviso as per the proposed amendment) to
Regulation 8 (1) shall be substituted as under:

“Provided also that the Renewable Power Park Developer is authorised by the
Central or State Government to undertake infrastructural activities including
arrangement for connectivity on behalf of the Renewable power generators.”

(5) The following provisions shall be added after Clause (2) of regulation 8 of the
Principal Regulations:

“(2A) Applications for grant of Connectivity made by applicants covered

under sub-clauses (aa), (cc), (e), (f), (g) and (h) of Clause (1)(b)(i) of
Regulation 2shall be processed in two stages:
(a) Stage-I Connectivity
(b) Stage-II Connectivity

(2B) Grant of Stage-I and Stage-II Connectivity shall be as per the

Detailed Procedure issued from time to time.
Provided that the Detailed Procedure for grant of Connectivity to
Projects based on renewable Sources to inter-State transmission system
issued vide order dated 15.5.2018 in File No. L-1/(3)/2009-CERC shall be
deemed to have been issued under these Regulations.

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 (2C) In case of applicants covered under sub-clause (b)(i)(g) of clause (1)
of Regulation 2, the connectivity granted to such applicants may be
transferred or assigned, in part or full, in favour of the Renewable Power
Developers selected by the said applicants after award of the project. On
transfer or assignment of connectivity, such developers shall enter into
Connectivity Agreement with CTU and accept all responsibilities and
liabilities for connectivity as required under these Regulations and Detailed
Procedure;”

(6) In the Clause (3) of the Regulation 8, the words “except applicants indicated
in Clause 3A below” shall be added after the words “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”.

(7) The following new sub-clauses shall be added after Clause (3) of regulation 8
of the Principal Regulations:

“(3A) For applicants covered under sub-clauses,(aa), (cc), (e), (f), (g) and
(h) of clause (1)(b)(i) of Regulation 2, CTU shall grant Stage-I Connectivity
by indicating two locations - one Primary and other alternate location.

(8) The First Proviso to sub-clause (8) of Regulation 8 of the Principal

Regulations shall be substituted as under:

“Provided that in case of a thermal generating station of 500 MW and

above or a hydro generating station or a renewable energy generating
station or a project based on standalone storage source(s) of capacity of
250 MW and above, CTU shall plan the system such that maximum length
of dedicated transmission line does not exceed 100 km from switchyard of
the generating station till the nearest pooling substation of transmission
licensee.”

(9) A new Clause shall be added after regulation 8 of the Principal Regulations:

“8A. Transfer of Connectivity and LTA

A person shall not transfer, assign or pledge its connectivity or LTA and
the associated rights and obligations to any other person.

Provided that the above provision shall not be applicable to applicants

defined under Regulation 2(1)(b)(i)(g).

Provided further that 100% subsidiary companies shall be allowed to

utilize the connectivity granted to the parent company and vice versa.”

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5. Amendment of Regulation 9 of the Principal Regulations:

(1) The Clause (1) of Regulation 9 of the Principal Regulations, the word
“awarding” shall be substituted with the word “granting”.

6. Amendment of Regulation 12 of the Principal Regulations:

(1) In the Third Proviso to Clause (1) of Regulation 12 of the Principal

Regulations, the words “except in cases involving Renewable Energy
generating Station(s),” shall be added after the words “Provided also that”.

(2) In the Fifth Proviso to Clause (1) of Regulation 12 of the Principal

Regulations, the words “or 40%, as the case may be, as per first proviso to
Regulation 8(1)” shall be added after the words “Provided also that in cases
where there is any material change in location of the applicant or change by
more than 100 MW”.

(3) A new Clause shall be added after Clause (1) of Regulation 12 of the Principal
Regulations as under:

“(1A) Notwithstanding anything contained in Clause 2A of Regulation 8,

Stage-II Connectivity shall not be a pre-requisite for applying for LTA for
applicants under Regulation 2(1)(b)(i)(e) and 2(1)(b)(i)(g).”

7. Amendment of Regulation 13 of the Principal Regulations:

(1) The First proviso of Regulation 13 of the Principal Regulations shall be

deleted.

(2) The Clause (3) of Regulation 13 of the Principal Regulations shall be deleted.

8. Amendment of Regulation 15 of the Principal Regulations:

(1) The Regulation 15 of the Principal Regulations shall be substituted as under:

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 “(1) 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.

(2) 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 licensee.

(3) 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.

(4) 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.”

9. Amendment of Regulation 21 of the Principal Regulations:

(1) The Second proviso to clause (1) of Regulation 21 of the Principal

Regulations shall be substituted as under:

“(1A) 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.

(1B) 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.

(1C) 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.”

10. Amendment of Regulation 27 of the Principal Regulations:

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(1) The First proviso of sub-clause (c) of Clause (2) of Regulation 27 of the
Principal Regulations shall be substituted as under:

“Provided that the time period for construction of the transmission

elements shall be consistent with the timeline for completion of projects as
specified in the relevant Tariff Regulations issued by the Commission from
time to time.”

11. Amendment of Regulation 29 of the Principal Regulations:

(1) The Regulation 29 shall be deleted.

(Sanoj Kumar Jha)

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.

(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.

(f) Sixth Amendment Regulations, 2017 which was published in Part III,
Section 4, No. 98 of the Gazette of India (Extraordinary) dated 10.03.2017.