IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

APL No. 61 OF 2016 &

Dated: 29^th August, 2025 Present : Hon`ble Mr. Justice Ramesh Ranganathan, Chairperson Hon`ble Ms. Seema Gupta, Technical Member (Electricity)

In the matter of:

ODISHA POWER TRANSMISSION CORPORATION LIMITED Janapath, Bhubaneswar Odisa – 751022 … Appellant (s)

VERSUS

1. JINDAL STAINLESS LIMITED KNIC, P.O. Danagadi, Jajpur, Odisa – 755026 ... Respondent No.1

2. ODISHA ELECTRICITY REGULTORY COMMISSION Bidyut Niyamak Bhawan, Unit VIII, Bhubaneswar, Odisha – 751012 ... Respondent No.2

Counsel on record for the Appellant(s) : Raj Kumar Mehta for App. 1

Counsel on record for the Respondent(s) : Hitendra Nath Rath for Res. 1

Rutwik Panda for Res. 2

JUDGMENT

(PER HON’BLE MRS. SEEMA GUPTA, TECHNICAL MEMBER)

1. The Appellant-Odisha Power Transmission Corporation Limited (“OPTCL”) has preferred the instant appeal against the Order dated 27.01.2016 passed by Odisha Electricity Regulatory Commission (“ State Commission/OERC”) in Case No.28 of 2015, whereby the Appellant was directed to treat the 1^st Respondent, M/s Jindal Stainless Limited (“JSL”) as a short-term open access customer since it has availed open access in two phases for a period less than one year and directed the 1^st Respondent to pay the transmission charges to the Appellant at the rate determined by OERC for short-term access customers.

2. The brief facts involved in this appeal are stated hereunder:

The Appellant-Odisha Power Transmission Corporation Limited (“OPTCL”) is a wholly owned Company of the Government of Odisha and is carrying on the functions of Transmission of Electricity in the State of Odisha. Respondent No.1-Jindal Stainless Limited (“JSL”) has availed power through open Access from its CGP at Jajpur, Odisha for its plant at Hisar Haryana. Respondent No.2 is the Odisha Electricity Regulatory Commission

3. Odisha Electricity Regulatory Commission in exercise of powers conferred under Sub-section (2), (3) & (4) of Section 42 read with Section 39, 40, 86 and 181 of the Electricity Act, 2003 has framed Orissa Electricity Regulatory Commission (Terms & Conditions for Open Access) Regulations, 2005” (“OERC Regulations 2005”) specifying that the said Regulations shall apply to Open Access for use of Intra-State Transmission and Distribution System in the State.

4. OERC in exercise of powers under Sub-Section (2) & (4) of Section 42 and Section 39, 40, 86 read with Section 181 of the Electricity Act, 2003 has framed “Orissa Electricity Regulatory Commission Determination of Open Access Charges Regulations, 2006 (OERC Open Regulations 2006”) for determination of Open Access Charges in the Intra-State Transmission and Distribution System in the State of Odisha.

5. Central Electricity Regulatory Commission (“CERC”) framed the “CERC (Grant of Connectivity, Long-term Access and Medium-term Open Access in Inter-State Transmission and related matters) Regulations, 2009” (CERC Open Access Regulations), wherein Section (3) provides that the Regulations shall apply to the grant of connectivity, long term access and medium-term open access, in respect of Inter-State Transmission System. Long-term Access means the right to use Inter-State Transmission System for a period exceeding 12 years but not exceeding 25 years. Medium-term Open Access means the right to use the Inter-State Transmission System for a period exceeding 3 months but not exceeding 3 years.

6. The Odisha State Load Despatch Centre (“SLDC”), in accordance with the applicable Regulations of CERC/OERC, granted Standing Clearance/No Objection Certificate, dated 28.05.2014, for Open Access to Respondent No.1 from 01.11.2014 to 31.10.2015 through ISTS (inter- State Transmission System) up to 30 MW, specifying the rate of Transmission Charges as Rs. 250/- per MWh. The said clearance was for Transmission of Power from the CGP of Respondent No.1 at Duburi, Jajpur District, Odisha to the industry of Respondent No. 1 at Hissar in the State of Haryana. Fu