transmission capacity access agreement ====================================== between ………………………. and orissa power transmissio

TRANSMISSION CAPACITY ACCESS AGREEMENT
======================================
BETWEEN
……………………….
AND
ORISSA POWER TRANSMISSION CORPORATION LIMITED
=============================================
This Transmission Capacity Access Agreement (TCAA) entered into on the
……….day of ………..two thousand and five between Orissa Power
Transmission Corporation Limited incorporated under the Companies Act,
1956 and wholly owned by Government of Orissa, having its Registered
Office at Janpath, Bhubaneswar-751022 (hereinafter called “OPTCL”
which expression shall unless repugnant to the context or meaning
thereof include its successors and assigns) as a party of the first
part; and (name, address etc.) ……………….. a Long Term Open Access
Customer ……………………………………………… (hereinafter called “Long term Open Access
Customer” which expression shall unless repugnant to the context or
meaning thereof include its successors, and assigns) as a party of the
second part;.
And whereas the Long Term Open Access Customer is a generating
company/Licensee/ Customer is desirous to avail Long Term Open Access
in accordance with Orissa Electricity Regulatory Commission (Terms &
Conditions for Open Access) Regulation, 2005 and Electricity Act, 2003
to the Transmission System of OPTCL.
And whereas Open Access shall be allowed by OPTCL to the Long Term
Open Access Customer in accordance with Orissa Electricity Regulatory
Commission (Terms and Conditions for Open Access) Regulation 2005 and
Electricity Act 2003.
And whereas the Long Term Open Access Customer as herein described
requires to avail Long Term Open Access through the Transmission
system of the OPTCL as per details described below :
INJECTING UTILITY
-----------------
Name
Location
Concerned DISTCO Area
Capacity (MW)
DRAWEE UTILITY
Name
Location
Concerned DISTCO Area
Capacity (MW)
Date from which the open access is required :
And whereas in accordance with the system studies carried out by OPTCL
the following additional transmission line is required as a dedicated
transmission line and strengthening scheme to facilitate long term
open access:
i.
(Name of Dedicated transmission system)
ii.
(Name of System strengthening scheme).
And whereas Long Term Open Access Customer has requested OPTCL to
construct, own, operate and maintain the above dedicated Transmission
line and System strengthening Scheme to be used for open access for
the Long Term Open Access (LTOA) Customer.
And whereas OPTCL has agreed to construct, own, operate and maintain
the aforesaid dedicated transmission lines and system strengthening
scheme at the cost of OPTCL.
And whereas for construction and commissioning of the aforesaid
dedicated transmission system and system strengthening scheme, the
long term open access customer shall execute an Implementation
Agreement (IA) with OPTCL containing the detailed terms and conditions
for construction/commission thereof.
And whereas Long Term Open Access Customer has agreed to pay all the
open access charges of OPTCL for the use of its Transmission System
(of OPTCL) and Distribution system of DISTCO as per Regulation 13 of
OERC (Terms and Conditions for Open Access) Regulation, 2005 including
that of system strengthening scheme as above and any addition thereof.
And whereas Long Term Open Access Customer has also agreed to pay full
Transmission charges for the dedicated Transmission System as
mentioned above to OPTCL.
And whereas it has become incumbent upon both the parties to enter
into Transmission Capacity Access Agreement (TCAA) as envisaged under
the Orissa Electricity Regulatory Commission (Terms and Conditions for
Open Access) Regulation, 2005.
And whereas the Long term open access customer is desirous of wheeling
its power to its consumers through an open access and also through the
dedicated system mentioned above on the same terms and conditions as
contained in the Guidelines for Open Access and the Application for
grant of Long Term Open Access.
Words and expression used and defined in the TCAA shall have the same
meaning assigned to them under the Electricity Act 2003 or Orissa Grid
Code or Orissa Electricity Regulatory Commission (Terms and Conditions
for Open Access) Regulations, 2005 as the case may be.
Now, therefore, in consideration of the premises and mutual
agreements, covenants and conditions set forth herein, and the
Guidelines for Open Access by LTOA customers and the Application for
grant of LTOA attached hereto as Annexure I & II respectively which
shall form an integral part of this Agreement, it is hereby agreed by
and between the parties as follows :
1.0 (a) Long term open access customer shall pay all the Open Access
charges of OPTCL transmission system including charges for system
strengthening scheme as above.
b.
Long-Term open access customer would provide security in the form
of Fixed Deposit Receipt (FDR) of any Nationalized Bank pledged in
favour of OPTCL or irrevocable Bank Guarantee (BG) in favour of
OPTCL, equivalent to two calendar months open access charges in
full applicable to the Long-Term Open Access Customer. The FDR or
Bank Guarantee, as the case may be shall be encashable at
Bhubaneswar. Initially the security mechanism shall be valid for a
minimum period of three (3) years and shall be renewed by the Long
Term Open Access Customer from time to time till the expiry of the
open access transaction.
b.
The Open Access charges would be reviewed from time to time and
accordingly the amount of security shall be enhanced/reduced for
long-term open access customers.
b.
In case the long term open access customer defaults in payment of
the monthly charges of OPTCL bills then, OPTCL shall be entitled
to encash/ invoke the FDR/BG immediately.
b.
In case of encashment of the FDR/invocation of BG by OPTCL against
non-payment of monthly charges by long-term open access customer,
the same should be immediately replenished/recouped by long-term
open access customers before the next billing cycle.
b.
The format for bank guarantee is enclosed as Annexure-III. The
Bank Guarantee shall be issued by
i.
A Public Sector Bank or
ii.
Scheduled Bank encashable at Bhubaneswar
b.
In the case of the dedicated transmission system and system
strengthening scheme to be taken up by OPTCL, a special security
mechanism towards OPTCL investment till construction/commissioning
of the said system should be placed by the Long Term Open Access
customer in favour of OPTCL as stipulated in the Implementation
Agreement (IA). The Long Term Open Access customer and OPTCL would
execute this IA before implementation of above scheme.
2.0 Long term open access customer shall in addition pay full Open
Access charges for the dedicated transmission system of OPTCL as
mentioned above to be exclusively used for the open access for the
Long term open access customer.
3.0 OPTCL agrees to provide Long Term Open Access required by Long
Term Open Access customer as per the details mentioned above and in
accordance with the provisions under the Orissa Electricity Regulatory
Commission (Terms and Conditions for Open Access) Regulations 2005 as
amended from time to time and conditions as specified by the OERC from
time to time.
4.0 The Long Term Open Access customer shall not relinquish or
transfer its rights and obligations specified in the Transmission
Capacity Access Agreement (TCAA) and the Implementation Agreement
(IA), without prior approval of OPTCL and OERC and subject to payment
of compensation, as may be determined by the OERC.
5.0 All differences/disputes between the parties arising out of or in
connection with this Agreement shall be resolved amicably between the
parties and in the event of failure to resolve amicably within a
period of two months, the dispute shall be referred to OERC for
resolution of the dispute so referred. Neither party to this agreement
shall be entitled to take recourse to any Civil Court at any time
before approaching the OERC.
6.0 This Agreement shall be subject to the Electricity Act, 2003, OER
Act, 1995, all relevant regulations, codes, rules, orders and policies
as in force from time to time.
7.
This Agreement shall be valid for a period of 25 years or more
from the date of signing of this Agreement based on the tenure of
transaction mentioned in Long Term Open Access application.
7.
This agreement shall be deemed to have been executed at
Bhubaneswar, Orissa for all intents and purposes.
In witness whereof both the parties have executed this Agreement
through their authorized representative.
Witness
1. For and on behalf of
2. ORISSA POWER TRANSMISSION CORPORATION LIMITED
For and on behalf of
------------------------
1.
2.
5

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