ANNEXURE I – MODEL WHEELING, TRANSMISSION AND BANKING

AGREEMENT

Part I – WHEELING AND TRANSMISSION AGREEMENT

BETWEEN

…………………………………………
[Enter name of
Distribution Licensee]
[Referred to as Party of
the First Part] AND

…………………………………………………

[Enter name of
LTC/MTC*] [Referred to as
Party of the Second Part]

AND

…………………………………………………

[Enter name of
Transmission Licensee]
[Referred to as Party of
the Third Part]

-Relevant Parties to the Agreement:

1. Distribution Licensee – In case of BPWA with or without Banking agreement

2. LTC/MTC – In all agreements
3. Transmission Licensee – In case of BPTA with or without Banking agreement

*Strike-through whichever is not applicable at all occurrences in the Agreement. In case LTC/MTC is
Distribution Licensee, clauses on Inter-connection, Undertakings, Wheeling of Energy in the
Agreement shall be interpreted accordingly

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This TRANSMISSION AGREEMENT / WHEELING AGREEMENT (as applicable) are entered
into on………... [enter day] day of .................. [enter month] Two Thousand…………...…….
[enter year] between [enter name of Distribution Licensee/Electricity Department], a
company incorporated under the Companies Act, 1956, having its Registered/Head office
at ………………………………….…………….. (hereinafter called"…………."which expression shall,
unless repugnant to the context or meaning thereof, include its successors and assigns), as
party of the First part and between [Name of Long Term Customer/ Medium Term Customer]
having its Registered/Head office at ……...………………...…………………… (hereinafter called
LTC/MTC as individually “................” which expressions shall, unless repugnant to the
context or meaning thereof, include its successors and assigns) as party of the Second part
and between [Name of Transmission Licensee] ….……….……… (if transaction involves
transmission network) having its Registered/Head office at
……...………………...…………………… (hereinafter called as ………………………. which expression
shall, unless repugnant to the context or meaning thereof, include its successors and
assigns) as party of the Third part.

And whereas party of the First part is a Distribution Licensee, within the State of Goa
or the Union Territories of Andaman and Nicobar Islands, Chandigarh, Dadra & Nagar Haveli,
Daman & Diu, Lakshadweep, and Puducherry (as applicable) (hereinafter referred to as “the
State or UTs, as applicable”) and is bestowed with the responsibility to develop, own,
operate and maintain an efficient, co-ordinated and economical distribution system in his
area of supply in accordance with the provisions contained in the Electricity Act, 2003
(hereinafter referred to as “the Act”); and to provide non-discriminatory open access u/s
42(3) of the Act, to its distribution system for use by any Licensee or Generating Company or
consumer permitted under Joint Electricity Regulatory Commission (Connectivity and Open
Access in Intra-State Transmission and Distribution) Regulations, 2017, and amendments
thereof (hereinafter referred to as JERC Open Access Regulations) on payment of wheeling
charge, surcharge and additional surcharge and other charges (as may be applicable) as
provided in JERC Open Access Regulations.

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 [enter any one of the following for party of the Second Part]

And whereas Party of the Second Part is a distribution licensee who has entered into
agreement(s) for purchase of electricity from generating company(ies) or licensee(s) and/or
sale of electricity to licensee(s) situated within and/or outside the State on long/medium
term basis as specified in Annexure A; […if LTC/MTC is a licensee]

or

And whereas Party of the Second Part is a generating company who has entered into
agreement(s) for sale of electricity to licensee(s) and/or consumer(s) situated within and/or
outside the State on long/medium term basis as specified in Annexure A; […if LTC/MTC is a
generating company including Renewable Energy Generating Station]

or

And whereas Party of the Second Part is a generating company operating or will
operate a plant qualified as ‘Captive Generating Plant’ under the provisions of the Act and is
willing to carry electricity from its captive generating plant to the destination(s) of use at
……….. [enter destinations] and/or has scheme to sell electricity to licensee(s)/consumer(s)
[enter if applicable] situated within and/or outside the State and/or outside the State on
long/medium term basis as specified in Annexure A; […if LTC/MTC is a generating company
operating as captive generating plant]

or

And whereas Party of the Second Part is a consumer, permitted to seek open access
under the provisions of JERC Open Access Regulations, who has entered into agreement(s)
for purchase of electricity from generating company (ies) or licensee(s) situated within
and/or outside the State on long/medium term basis as specified in Annexure A; […if
consumer is permitted as LTC/MTC]

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 And whereas Party of the Third Part is a Transmission Licensee owning and operating
transmission system in the State of Goa or Union Territories of (as applicable), as per its
Licence, and is under a statutory obligation to provide non-discriminatory open access,
under the provisions of section 40 (c) of the Electricity Act, 2003 and in accordance with JERC
Open Access Regulations, 2017;
And whereas agreement(s) for purchase and/or sale of electricity signed by LTC/MTC,
require exchange of energy upto ……. kW/MW individually between him and specified
seller(s) or buyer(s) (strikeout whichever is not applicable), as the case may be, for a fixed or
varying quantum of power (kW/MW) at specified point(s) of injection and drawal interfaced
with distribution system of party of the First part or interfaced with transmission system of
party of Third Part;

And whereas LTC/MTC is desirous to avail long/medium term open access to

distribution system of party of the First part for wheeling of electricity and/or Transmission
System of party of Third Part for transmission of electricity between point(s) of injection and
drawl in accordance with JERC Open Access Regulations; as detailed in Annexure-A;

And whereas LTC/MTC and Party of the First Part and/or Party of the Third Part have
agreed to comply with such obligations, duties, time schedules, instructions or any other
directions as set out by STU in JERC Open Access Regulations;

And whereas party of the First Part and/or Party of the Third Part has agreed to
undertake wheeling and/or transmission of electricity from the point(s) of injection to
point(s) of drawal, as detailed in Annexure-A, through distribution and/or transmission
system built, maintained and operated by it and as strengthened from time to time on
mutually agreed terms and conditions;

And whereas LTC/MTC has agreed to comply with installation of ABT compatible
meters at point(s) of injection and drawl and meet all requirements of communication as
mandated by STU;

And whereas LTC/MTC has agreed to make payment strictly as per provisions of JERC
Open Access Regulations;

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 And whereas LTC/MTC has agreed to ensure compliance of directions issued by party
of the First Part and/or party of the Third Part through any instrument prior to or after grant
of long/medium term open access;

And whereas the party of the First part and/or party of the Third part and party of the
Fourth part have as per their letters dated ………….. given their consent for wheeling and/or
transmission and banking [banking in the case of Renewable Energy Generating Stations
(including RE based Captive Generating Stations) only] subject to the Terms and Conditions
as set out in this agreement.

NOW THEREFORE in consideration of the foregoing premises and mutual agreements,

covenants and conditions set forth herein, party of the First Part and/or Party of the Third
Part and Party of the Fourth Part (in case of Banking) and LTC/MTC, i.e., Party of the Second
Part do hereby agree as follows:-

DEFINITIONS
Any Words and expressions used in this Agreement shall have the same meaning as defined
in the Act, JERC Open Access Regulations 2017, Grid Code, Supply Code or any other JERC
Regulations.

A. INTER-CONNECTION
1. The LTC/MTC shall be connected with the network of the Transmission/Distribution Licensee in
accordance with the connectivity agreement under the provisions JERC Open Access
Regulations. In case the above Regulations do not specify connectivity standards for a particular
voltage level, the same shall be in accordance with Grid Code, Supply Code or any other
applicable JERC Regulations or CEA standards.

2. Exchange of power shall be in accordance with connectivity agreement under the provisions of
JERC Open Access Regulations, details of which are to be specified in Annexure A. The system
upto injection point and subsequent to drawl point shall be operated and maintained by
LTC/MTC.

3. The LTC/MTC shall install, at its own cost, protection equipment, viz., protection system,

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 communication system or similar equipment for the protection of its own equipment as well as
equipment of the Transmission/Distribution Licensee. LTC/MTC shall obtain the approval of the
Transmission/Distribution Licensee for the specifications of such equipment and shall furnish the
test reports, to the Transmission/Distribution Licensee, as may be required.

4. The LTC/MTC shall get its facilities and/or equipment inspected by the Transmission/Distribution
Licensee before commencement of wheeling and/or banking and/or transmission and annually
thereafter. Further, the LTC/MTC shall obtain the following approvals:

a) Approval of the Electrical Inspectorate for the purpose of electrical safety;

b) Synchronization approval from the Transmission/Distribution Licensee;
c) Written approval / concurrence for wheeling and/or banking and/or transmission of injected
energy shall be in accordance with JERC Open Access Regulations, 2017 and its amendments,
thereof, before synchronization:
Provided that if the approval/Concurrence is not made within the specified time limit of above
provisions, then it shall be deemed as approved;
5. The LTC/MTC shall ensure that the metering and protection facility be, open on notice for
inspection by the authorized representatives of the concerned Transmission/Distribution
Licensee;

6. LTC/MTC shall give written notice of at least fifteen days in advance to the STU/Transmission
Licensee/Distribution Licensee before the commercial operation date where no system
strengthening is involved. However, if system strengthening is involved, then the timelines will
be in accordance with JERC Open Access Regulations, 2017 and its amendments, thereof. The
same shall also be intimated in writing to the respective SLDC;

7. The Transmission/Distribution Licensee shall not be liable for losses or damages, if any,
consequent to any line outage prior to injection point or subsequent to drawl point, for any
reason whatsoever, due to which power is not evacuated.

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 B. UNDERTAKINGS
1. Obligations of the [Name of LTC] / [Name of MTC]:

I. The LTC/MTC at all times shall have statutory approvals, clearances, and permits as set out in
Annexure-B of this agreement. Further, LTC/MTC shall undertake to establish, operate &
maintain its own system in accordance with the Act, State Grid code, Distribution code and other
applicable Regulations, Rules, Codes and Standards abiding prudent utility practices
II. The LTC/MTC shall be liable to pay all applicable charges in accordance with JERC Open Access
Regulations, 2017 and its amendments, thereof and other applicable JERC Regulations.
III. The LTC/MTC shall pay any applicable taxes, cess, duties or levies imposed by the Government or
Competent Authority from time to time.
IV. The LTC/MTC shall furnish, when required, any data necessary for the system studies conducted
by the Transmission/ Distribution Licensee.
V. The LTC/MTC shall establish Letter of Credit and make payment of bills as per JERC Open Access
Regulations, 2017 and its amendments, thereof.
VI. LTC/MTC shall comply with instructions/directions of State/Area Load Dispatch Centre.

2. Obligations of Transmission/Distribution Licensee

The [Name of Transmission Licensee]/ [Name of Distribution Licensee] shall:

i. Abide by the State Grid code, Distribution code and other applicable Regulations, Rules, Codes
and Standards.
ii. Shall own, operate and maintain its transmission/distribution system and shall develop
additional transmission/distribution system from time to time in order to maintain an efficient,
co-ordinated and economical transmission/distribution system in accordance with the
provisions of the Act, Rules and Regulations in force. Such system may also be used by
LTC/MTC in synchronism with inter-State transmission system, as the case may be, for
conveyance of contracted capacity under open access between specified point(s) of injection
and drawl as detailed in Annexure A.
iii. shall endeavour to maintain reliability of power except in case of occurrences or situations
beyond its control for which distribution/transmission licensee shall not be held responsible

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 and LTC/MTC agrees to indemnify distribution/transmission licensee on that account.
iv. shall have right to take measures to prevent imminent damage to any equipment installed
in its distribution/transmission system and LTC/MTC agrees for curtailment of supply, if any,
that occurs due to such measures taken up by distribution/transmission licensee. However,
Distribution/Transmission Licensee agrees to notify LTC/MTC about such occurrence, in
advance if planned, otherwise after occurrence in case of emergency. The
Distribution/Transmission Licensee shall ensure to take remedial measures to prevent or
avert repetition of such occurrences in future.
v. The Transmission/Distribution Licensee shall not impose any restrictions on the operation of
LTC/MTC except for reasons of safe operation of the grid.
vi. The Transmission/Distribution Licensee shall not be liable to pay any compensation for any
damage caused to any system of LTC/MTC resulting from parallel operation with the grid.

C. METERING
1. Installation, periodical testing, calibration, maintenance of meters, checking and other
related aspects (for both main and check meters) shall be undertaken in accordance with
JERC Open Access Regulations, 2017 and amendments thereof read with provisions specified
in the JERC Grid Code.

2. In case any tampering of metering cubicle or energy meters is detected or observed at injection
or drawal points, the Transmission/Distribution Licensee shall have the right to withdraw the
Wheeling facilities and/or Banking facility to the LTC/MTC subject to the 30 days notice period to
the defaulting entity to file its response. The Transmission/Distribution Licensee shall give in
writing the reasons for withdrawal of wheeling and/or Banking facility.

D. WHEELING OF ENERGY:
1. Since approval of open access is granted prior to signing BPTA/BPWA, accordingly the transaction
with its quantum of power along with parties to exchange stands approved at the time of signing
BPTA. Any addition or deletion in the list of consumers shall be deemed approved by the
Transmission/Distribution Licensee provided the transferred power capacity is within the earlier
power quantum. No supplemental agreement shall be required to be signed, for such addition or

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 deletion of the consumers.
2. Subject to JERC Regulations/Orders, the energy injected by the generation facility under wheeling
shall be charged first to the consumption of LTC/ MTC and/or its customers. The residual energy
at the end of settlement period shall be deemed to have been purchased by the
Transmission/Distribution Licensee in whose jurisdiction the project is located and paid by such
Transmission/Distribution Licensee subject to the provisions of the JERC Open Access
Regulations, 2017 and its amendments, thereof.
3. In the event of system constraints, conditions prescribed in the applicable JERC Open Access
Regulations, 2017 shall be adhered to.
4. The Transmission/Distribution Licensee reserve the right to withdraw the facility of wheeling
and/or banking either wholly or partly in case of any breach of conditions of this agreement or
under force majeure conditions. In case of establishment of any breach of condition of this
agreement the Transmission Licensee / Distribution Licensee shall grant 30 days curing period. If
the party cures the breach Wheeling and/or banking shall be restored otherwise it shall be
withdrawn. In such an event, Transmission/Distribution Licensee shall not be liable to pay any
compensation or damages to the LTC/MTC.

E. ENERGYACCOUNT
1. The recorded meter data as per the database maintained by STU/Distribution Licensee or
Generating Station shall form the basis of billing and shall be binding on LTC/MTC.

2. It shall be the responsibility of the generating company or STU/Distribution Licensee to

record the metered data, maintain database of all the information associated with the
energy accounting and audit meters and verify the correctness of metered data. Each
generating company or STU shall prepare quarterly, half-yearly and yearly energy account
for its system for taking appropriate action for efficient operation and system development
in accordance with provisions of JERC State Grid Code, JERC Supply Code and other
applicable Regulations.

F. CHARGES

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1. For the purpose of Open Access, the charges shall be as per JERC Open Access Regulations,
2017 and its amendments, thereof, or other applicable Regulations and Orders of the
Commission.
2. However, the Generating Facility shall be permitted to import power from the grid for start-up,
maintenance and other allied purposes duly intimating the period for which such supply is
required. In such cases, the actual energy drawn from the grid, as recorded by the import meter,
shall be charged in accordance with the applicable Rate Schedule as provided in the Tariff Order
of the Commission.
3. The infirm energy injected during the period from trial operation date after synchronization up
to the commercial operation date shall be deemed to be sold to the Transmission/Distribution
Licensee in whose jurisdiction the project is located and shall be paid for by such
Transmission/Distribution Licensee at the rate specified in JERC Open Access Regulations, 2017,
and its amendments, thereof.
4. Loss of Energy in wheeling and/or transmission shall be calculated as per the loss levels fixed by
the Commission, from time to time, in its Tariff Order.

G. BILLING AND PAYMENT

1. Preparation of Energy Account, Billing and payment by LTC/MTC/Distribution Licensee shall be
done in accordance with JERC Open Access Regulations, 2017 and other applicable Regulations.

2. The payment of bills by LTC/MTC/Distribution Licensee shall be done in full even if there
appears to be an error and the disputed amount shall be dealt in accordance with Clause
3below.

3. In case of dispute, LTC/MTC shall file a written objection with STU/ Distribution Licensee/
Transmission Licensee preferably within 30 (thirty) days of presentation of the bill, giving
following particulars:

i) Items disputed, with full details/data and reasons of dispute, and

ii) Amount disputed against each item.

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 STU/ Distribution Licensee/ Transmission Licensee shall resolve the above dispute(s) with
LTC/MTC within 30 (thirty) days.

There will be no additional surcharge applicable on the disputed amount of bills during the
said period of dispute resolution.

H. ARBITRATION
1. The Parties hereby agree to attempt to resolve all disputes arising hereunder promptly, equitably
and in good faith.

2. All disputes or differences between the Parties arising out of or in connection with this
Agreement shall, as far as possible, be settled through mutual negotiations.

3. Each Party shall designate in writing and communicate to the other Party its own representative,
who shall be authorized to resolve any dispute arising out of this Agreement.

4. If the designated representatives are unable to resolve a dispute under this Agreement within
thirty (30) days after such dispute arises, then the parties shall refer the same to JERC for
adjudication.

5. Notwithstanding the existence of any disputes and differences, the parties hereto shall continue
to perform their respective obligations under this Agreement and/or as directed by the
Commission by an order made in the proceedings during the course of dispute.

I. FORCEMAJEURE
1. In the event of Force Majeure conditions like war, mutiny, riot, earthquake, hurricane, strike,
tempest, accident to machinery, affecting the wheeling of power, the Transmission/Distribution
Licensee shall have no obligation to Wheel and/ or Bank the energy as per this agreement.
However, they shall make all reasonable efforts to restore normalcy within 30 (thirty) days and if
the same is not possible, this agreement will be treated as temporarily suspended for the period
in which Force Majeure conditions continue including aforementioned 30 days.
During the period in which Force Majeure conditions prevail, Transmission/Distribution Licensee
shall not be liable to pay any compensation or damage or any claims, whatsoever, for any direct

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 or indirect loss that may be suffered by the LTC/MTC on account of wheeling/ banking of
Electricity not being performed during the period.

J. IMPLEMENTATION OF THE AGREEMENT

All discretions to be exercised and directions, approvals, consents and notices to be given
and actions to be taken under these presents, unless otherwise expressly provided herein,
shall be exercised and given by the signatories to this Agreement or by the authorised
representative(s) that each party may nominate in this behalf and notify in writing to the
other party by Registered Post/Speed Post. Any other nomination of authorised
representative(s) and/or changes in designation shall be informed likewise in writing to/by
the LTC/MTC within one month of signing of the Agreement. Notwithstanding any
nomination, the Director (……………………) [Name of distribution licensee] and/or [Name of
transmission licensee] or his authorised representative shall be authorised to act for and on
behalf of [Name of distribution licensee] and/or [Name of transmission licensee]. Any
changes in designations/registered office address shall be intimated in writing to all
concerned parties.

K. NOTICE
Any notice, communication, demand, or request required or authorized by this Agreement
shall be in writing and shall be deemed properly given upon the date of receipt, if delivered
by hand or sent by courier, if mailed by registered post, if sent by fax when dispatched
(provided if the sender’s transmission report shows the entire fax to have been received by
the recipient and only if the transmission was received in legible form).

L. EFFECTIVE DATE AND DURATION OFAGREEMENT

This Agreement shall become effective upon the execution and delivery thereof by the
Parties hereto, and unless terminated pursuant to other provisions of the Agreement, shall
continue to be in force for such time for which Open Access is provided subject to grant of
Open Access for the period of renewal.

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M. EVENTS OFDEFAULT
LTC/MTC’s Default: The occurrence of any of the following events at any time during the term of
this Agreement shall constitute an Event of Default by the LTC/MTC:
1. Failure or refusal by the LTC/MTC to perform any of its obligations agreed under this Agreement.
2. Failure by the Generating Facility to generate and inject and failure by LTC/MTC to wheel and/or
transmit energy continuously for a period of six months in a Financial Year, as the case maybe.
3. Non-payment of charges as specified in this agreement within the time specified in clause G(1)
of this Agreement.

N. TERMINATION FOR LTC/MTCDEFAULT:

1. Upon the occurrence of any event of default as set out in clause M(1) and M(2) above, the
Transmission/Distribution Licensee may deliver a Default Notice to the LTC/MTC in writing, which
shall specify in reasonable detail the event of default giving rise to the default notice and call
upon the LTC/MTC to cure the same within 30 days from the date of notice.
2. In case the LTC/MTC fails to cure the default(s) notified in the above Notice within 30 (thirty) days
of the notice, the Transmission/Distribution Licensee shall be entitled to terminate this
Agreement with immediate effect.
3. Upon termination of this agreement, the Transmission/Distribution Licensee shall stand
discharged of all its obligations undertaken under this Agreement. However, the Parties shall fulfil
the payment obligations arising out of this Agreement prior to the date of termination.

O. NON-PAYMENT OF BILLS AND NON-ESTABLISHMENT OFLC

1. In case the payment of any bill for charges payable under the Agreement is delayed by
LTC/MTC, distribution/transmission licensee shall levy late payment surcharge as per rate
specified in the orders of the Commission.

2. LTC/MTC will make all efforts to open Bank Guarantee (BG) within a reasonable period. In
the event of failure to establish/enhance BG within a reasonable period or alternatively if
any bill remains unpaid in absence of BG for a period exceeding two months from the date
of issue of the bill, distribution/transmission licensee shall inform SLDC to
discontinue/regulate wheeling of electricity to LTC/MTC. SLDC at its own discretion may not

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 consider scheduling such transaction or may cancel scheduling of already scheduled
transaction or may not entertain any application of such customer in future until default is
cured.

P. MISCELLANEOUSPROVISIONS
1. Waivers: Any failure on the part of a Party to exercise and any delay in exercising any right
set out hereunder for a period exceeding three years shall operate as a waiver thereof. No
waiver by a Party of any right hereunder with respect to any matter or default arising in
connection with this Agreement shall be considered as a waiver with respect to any
subsequent matter of default.

2. Limitation, Remedies and Damages: Neither Party shall be liable to the other for any
consequential, indirect or special damages to persons or property whether arising in tort,
contract or otherwise, by reason of this Agreement or any services performed or undertaken
to be performed hereunder.

3. Severability: Any provision of this Agreement, which is prohibited or unenforceable under

any law, shall be ineffective to the extent of such prohibition or unenforceability without
invalidating the remaining provisions hereof and without affecting the validity, enforceability
or legality of such other provisions.

4. Amendments: This Agreement shall not be amended, changed, altered, or modified except
by a written instrument duly executed by the authorized representatives of concerned
Parties and approved by the Commission.

5. Assignment: The LTC/MTC shall not assign this Agreement or any portion hereof without the
prior written consent of the Transmission/Distribution Licensee and approval of the
Commission. Provided further that any assignee shall expressly assume in writing the
assignor's obligations arising under this Agreement prior to the assignment.

6. Entire Agreement, Appendices:

a) This Agreement constitutes the entire agreement between Transmission/Distribution

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 Licensee and the LTC/MTC, concerning the subject matter hereof. The annexures,
attachments and exhibits, if any, are hereby made an integral part of this Agreement and
shall be fully binding upon the Parties.
b) In the event of any inconsistency between the text of the Articles of this Agreement and the
annexures, attachments or exhibits, if any, hereto or in the event of any inconsistency
between the provisions and particulars of one appendix, attachment or exhibit and those of
any other appendix, attachment or exhibit, Transmission/Distribution Licensee and the
LTC/MTC shall mutually consult to resolve the inconsistency.
c) All previous model agreements concerning the subject stand repealed. However, any
transaction taking place on the basis of earlier model agreements shall be deemed to be a
valid transaction for such period as specified in the earlier model agreements.

7. Further Acts and Assurances: Each of the Parties after convincing itself agrees to execute
and deliver all such further agreements, documents and instruments, and to do and perform
all such further acts and things, as shall be necessary or convenient to carry out the
provisions of this Agreement and to consummate the transactions contemplated hereby.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by
their authorized representatives and copies delivered to each Party, as of the day and year
first above stated.

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 Part – II Banking Agreement
BANKING (applicable in case of Banking of Power allowed as per JERC Open Access Regulations,
2017 and its amendments)
1. The energy banked shall be settled as per JERC Open Access Regulations, 2017 and its
amendments in respect of Renewable Energy Generating Stations allowed by the
Commission.

2. The Distribution Licensee, in whose jurisdiction the Generating Facility is situated, shall pay
at the tariff as per JERC Open Access Regulations, 2017 and its amendments, thereof, for the
banked energy remaining unutilized at the end of every settlement period, subject to the
settlement of banking charges as prescribed in the aforesaid Regulations.

3. The Banking as well as withdrawal of banked energy shall be subject to day ahead scheduling
only at the Point of Injection of Power. However, the captive generating facility (including
renewable energy based captive Generating Stations) may supply banked power to its
consumers/ users in accordance with JERC Open Access Regulations, 2017 including its
amendments after payment of all applicable charges as per Open Access Regulations, 2017
including its amendments after adjusting the banking charges.

4. The power withdrawn by Renewable Energy Generating Stations/Captive Users of RE based

Captive Generating Stations, as ascertained by SEMs readings, which is not against the
banked power, shall be treated as sale and the financial settlement shall be made as per
Regulation of JERC Open Access Regulations 2017, and its amendments, thereof.

5. Subject to JERC Regulations/Orders, the energy injected by the generation facility shall first
be adjusted towards the banked energy. After such adjustment, the balance energy shall be
treated as per the provision of the JERC Open Access Regulations, 2017 and its amendments,
thereof.

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For and on behalf of For and on behalf of For and on behalf of

[enter name of Distribution Licensee/ [enter name of LTC/MTC] [enter name of Transmission
Electricity Department] Licensee]

……………………….. ……………………….. ………………………..

(Signature with Name, Designation (Signature with Name, (Signature with Name,
Address and Seal) Designation Address and Seal) Designation Address and Seal)

WITNESS WITNESS WITNESS

1. ……………………. 1. ……………………. 1. …………………….

(Signature with Name and Address) (Signature with Name and (Signature with Name and
Address) Address)

2. ……………………. 2. ……………………. 2. …………………….

(Signature with Name (Signature with Name and (Signature with Name and
andAddress) Address) Address)

[Strike through whichever is not applicable]

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 ANNEXURE-A

Injection Entity
1. Name of entity ………………..
2. Status of entity ………………..
3. Utility in which it is embedded ………………..
4. Interface with transmission or distribution system (as the case may be)
i) Name of sub-station ………………..
ii) Voltage level ………………..
iii) Name of licensee ………………..

Drawee Entity
1. Name of entity ………………..
2. Status of entity ………………..
3. Utility in which it is embedded ………………..
4. Interface with transmission or distribution system (as the case may be)
i) Name of sub-station ………………..
ii) Voltage level ………………..
iii) Name of licensee ………………..

Long Term Open Access Details

1. Date/Month of commencement of the open access ………………..
2. Period of open access ………………..
3. Duration of open access (Time block) ………………..
4. Capacity (kW/MW) at point of Injection ………………..

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 ANNEXURE-B

PERMITS, CLEARANCES AND APPROVALS

1. Permission for Grant of Connectivity and Approval of Open Access.
2. Synchronization approval and Commissioning report from Transmission/ Distribution
Licensee.
3. Wheeling and Banking (wherever applicable) approval by the nodal agency
4. Approval of the Electrical Inspector, for Commissioning of the transmission line for
evacuation of power from the project to the injection point/substation.
5. Approvals required under any law for the time being in force.

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 ANNEXURE II: CONNECTION AGREEMENT

This agreement is made on _____ day of _______20___ between, -

(i) ___(Name)____of _____(Address)____(Hereinafter referred to as the “Distribution

Licensee”;
(ii) ___(Name)____of _____(Address)____(Hereinafter referred to as the “Applicant”;

Whereas the Distribution Licensee has a Licence to operate and maintain a Distribution
System for supplying electricity to Consumers in the area of supply specified in his Licence:

Whereas the Applicant is a [Generating Station/ Licensee] eligible to connect to the

Distribution System of the Distribution Licensee in accordance with the provisions of the Act
and the JERC (Connectivity and open Access in Intra-State Transmission and Distribution)
Regulations, 2017, as amended from time to time:

This Agreement sets out the rights and obligations of the parties in respect of:
a) The provision of connection to the Distribution System by the Distribution Licensee to
the Applicant and the payment for such connection by the Applicant;
b) the obligations of the Applicant in respect of such connection to the Distribution
System of the Distribution Licensee;

The parties agree as follows:

1. Compliance with Act, Rules and Regulations

All parties to this Agreement shall comply with the provisions of the Act and the rules and
Regulations laid down there under. Where any provision of this Agreement is inconsistent
with the provisions of the Act and/ or the rules or Regulations laid down there under, the
provisions of the Act, rules or Regulations, as the case may be, shall take precedence to the
extent of such inconsistency.

2. Compliance with JERC for the State of Goa and Union Territories (Connectivity and Open
Access in Intra-State Transmission and Distribution) Regulations, 2017 and State Grid
Code as amended from time to time

All parties to this Agreement shall comply with the provisions of the JERC for the State of Goa
and Union Territories (Connectivity and Open Access in Intra-State Transmission and
Distribution) Regulations, 2017 and its amendments, the State Grid Code to the extent
applicable to them.

3. Term of Agreement

This Agreement shall commence from the date and time of commencement, as provided in
the Agreement and shall continue for such duration as may be agreed between the parties,
unless terminated in accordance with clause 2 herein.

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4. Termination of Agreement

1. Any party intending to terminate this Agreement shall give the other parties not less than
thirty days prior written notice of termination of this Agreement:

Provided, that termination shall be subject to settlement of all dues of the Distribution
Licensees in accordance with the Act, the Regulations and this Agreement.

2. The Distribution Licensees may terminate this Agreement and disconnect the Applicant in
the following circumstances, in accordance with the provisions of the Act:-

a. the Applicant defaults in the payment of any charge or any other sum due from
him as provided under Section 56 of the Act; or
b. any breach of Contract in an Open Access transaction where the Applicant is a
party and which is affecting the Distribution Licensee or the Supply Distribution
Licensee;
c. the Applicant does an act referred to in sub-section (3) of Section 163 of the Act;
or;
d. the disconnection is authorized under any other provision of the Act, the Rules and
Regulations made there under and/ or any other law for the time being in force.

3. The Applicant shall, within the notice period under clause 5.1 above, remedy or remove
the cause or causes stated in the notice failing which the Distribution Licensee may
terminate this Agreement from the date stated in the notice.

4. The reconnection of a disconnected Applicant shall be in accordance with the provisions

of the Act and the Regulations.

5. Dispute Resolution

1. Each party shall use all reasonable endeavours to resolve any disputes through bilateral
mechanisms that may be mutually agreed upon.

2. Where any dispute between the Distribution Licensee and the Applicant under this
Agreement cannot be bilaterally resolved, it shall be resolved in accordance with the JERC
for the State of Goa and Union Territories (Connectivity and Open Access in Intra-State
Transmission and Distribution) Regulations, 2017 and its amendments.

6. Force Majeure

i. If either party is unable wholly or partly to perform on time any obligation under this
Agreement by reason of occurrence of a Force Majeure Event, that obligation shall be
suspended, without liability, so far as the party’s ability to perform is affected by the
Force Majeure Event.

ii. A party affected by a Force Majeure Event shall use all reasonable endeavours to
remove the effect of each Force Majeure Event affecting its performance of this
Agreement.

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 iii. Subject to clause 7.2, if a party considers that a circumstance has arisen which
constitutes or is likely to constitute or result in a Force Majeure Event, it shall as soon
as reasonably practicable thereafter give to the other party, notice containing
particulars of the Force Majeure Event including
a. its nature and likely duration,

b. the obligations affected by it and the nature and extent of its effect on those
obligations; and

c. the steps taken to remove, overcome or minimize its effect:

Provided the Force Majeure conditions shall be implemented in accordance with for the
State of Goa and Union Territories (Connectivity and Open Access in Intra-State
Transmission and Distribution) Regulations, 2017 and its amendments.

7. Changes of Agreement

The parties agree to negotiate in good faith any amendments to this Agreement that may be
reasonably required as a result of experience gained in the introduction of Open Access in the
State.

8. Agreement to Connect

1. Subject to the terms and conditions of this Agreement, the Distribution Licensee agrees
to the Applicant’s premises being connected and remaining connected to the Distribution
System at the Connection Point and to the Connection Point remaining Energized for the
term of this Agreement, except where authorized under the Act or the Connectivity and
open Access in Intra-State Transmission and Distribution Regulations.

2. The Applicant shall take all reasonable precautions as regards his Connection to the
Distribution System of the Distribution Licensee to prevent any adverse effect on the;
a. Use of the Distribution System of the Distribution Licensee;
b. Quality and reliability of supply of electricity through the Distribution System of
the Distribution Licensee; and
c. Safety of the Distribution Licensee’s works and personnel, as may be required of
the Applicant’s in accordance with the Regulations specified under Section 53 of
the Act.

9. Processing of Applications

1. Upon receipt of an application, the Distribution Licensee send his Authorized

Representative to:
a. study the technical requirements of making Connection to the Distribution System
b. inspect the premises which is to be connected, with prior intimation to the
Applicant

2. The Authorized Representative shall, in agreement with the applicant, fix the position of
the mains, cut-outs or circuit breakers and meters and sanction the load for the premises:

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 Provided that the service position shall normally be at an accessible location and the
meter shall be fixed at a height so as to enable convenient reading of meter and to protect
the meter from any adverse weather conditions.

3. After an inspection referred to in Clause 9(1) above is carried out, the Distribution
Licensee shall intimate the Applicant of the details of any works that are required to be
undertaken for giving Connection, the charges to be borne by the Applicant thereon in
accordance with Clause 10 below and list of outstanding documents and consents/
statutory permissions required to be obtained by the Applicant.

4. Upon receipt of a duly complete application accompanied with the required charges, and
availability of suitable piece of land or room and all other consents and permissions as
may be required, the Distribution Licensee shall sanction and carry out or may also permit
to be carried out the works required to Energize the Connection Point.

5. The Distribution Licensee shall give, the Applicant, not less than 2 days prior notice of any
tests for energizing the Connection and shall, immediately after energizing the
Connection, notify the Applicant of the time and date of Connection of the facility.

6. The Applicant shall not, prior to receipt of such notification under Clause 5 above, perform
any act so as to import electricity from or export electricity to the Distribution system
through the Connection Point.

7. The works undertaken to provide the Connection to the Distribution System shall be
maintained by the Distribution Licensee over the term of this Agreement.

8. The Distribution Licensee shall be entitled to use such works to provide a Connection to
any other eligible person or to provide supply to any Consumer of such Distribution
Licensee, except if such use is detrimental to the Connection to the Applicant or to the
use of Distribution system in relation to such Consumer.

10. Principles of levy of charges

1. Where the Connection entails works of laying a service-line from the distributing main to
the Applicant’s premises, the Distribution Licensee shall be authorized to recover all
expenses incurred on such works from the Applicant based on the schedule of charges
approved by the Commission under the Electricity Supply Code.

2. Where the Connection entails works of installation of dedicated facilities, the Distribution
Licensee shall be authorized to recover all expenses reasonably incurred on such works
from the Applicant based on the approved schedule of charges.

3. Where such facilities have been provided by the Applicant, then such facilities may be
retained by the Applicant upon termination of this Agreement:

Provided however that where the termination of this Agreement is due to the Applicant’s
failure to pay any sum under Section 56 of the Act, the Distribution Licensee, in addition

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 to the rights available under that Section, shall be entitled to adjust such sums due from
the recoverable amount of facilities to which the Applicant is connected or to retain
facilities of such recoverable amount as to cover such sums due from such Applicant to
the Distribution Licensee.

4. Where the Distribution Licensee permits an Applicant to carry out works for the
Connection through a Licensed Electrical Contractor, the Distribution Licensee shall be
entitled to only recover charges for supervision undertaken by the Distribution Licensee
up to a maximum of 15 per cent of the cost of labour that would have been employed by
the Distribution Licensee in carrying out such works.

5. On completion of all works under this clause, the Distribution Licensee shall notify the
Supply Distribution Licensee about completeness of work.

11. Change of Name

1. A Connection may be transferred in the name of another person upon death of the
Applicant or in case of transfer of ownership or occupancy of the premises, upon
application for change of name by the new owner or occupier:

Provided that such change of name shall not entitle the Applicant to require shifting of
the Connection to a new premises.

2. The application for change of name shall be accompanied by such charges of the
Distribution Licensee, as are approved under the Electricity Supply Code.

3. The application under Clause 11(1) shall be accompanied by:

a. consent letter of the transferor for transfer of Connection in the name of

transferee;
b. in the absence of a consent letter, any one of the following documents in respect
of the premises: (a) proof of ownership of premises; (b) in case of partition, the
partition deed; (c) registered deed; or (d) succession certificate;
c. photocopy of licence / clearance with respect to the purpose for which electricity
is being supplied to the premises, if required by statute;
d. Processing fee or receipt thereof

4. The Distribution Licensee shall communicate the decision on change of name to the
Applicant, within 2 months from the date of application for change of name:

Provided that where the Distribution Licensees disallows or refuses to the change of
name, it shall do so after affording the applicant for change of name a reasonable
opportunity of being heard in the matter:

Provided further that the Distribution Licensees shall communicate the reasons of refusal
in writing through letter, including by electronic means to the Applicant for change of
name.

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5. Any charge or any sum other than a charge due to the Distribution Licensee which remains
unpaid by a deceased Consumer or erstwhile owner / occupier of premises, as the case
may be, shall be a charge on the premises transmitted to the legal representatives /
successors-in-law or transferred to the new owner / occupier of premises, as the case may
be, and the same shall be recoverable by the Distribution Licensees as due from such legal
representatives or successors-in law or new owner / occupier of the premises, as the case
may be:

Provided that except in the case of transfer of connection to a legal heir, the liabilities
transferred under this Clause 11(5) shall be restricted to maximum period of six months
of the unpaid charges due to the Distribution Licensees in accordance with Section 56 of
the Act and this Agreement.

12. Power Factor and Harmonics

1. It shall be obligatory for the Applicant to maintain the average power factor of his load at
levels prescribed by the Indian Electricity Rules, 1956 with such variations, if any, adopted
both by the Distribution Licensee, in accordance with Rule 27 of the Indian Electricity
Rules, 1956 and in accordance with the relevant orders of the Commission.

2. It shall be obligatory for the Applicant to control harmonics of his load at levels prescribed
by the IEEE STD 519-1992, and in accordance with the relevant orders of the Commission

3. The Distribution Licensee, may require the Applicant, within a reasonable time period,
which shall not be less than 3 months, to take such effective measures so as to raise the
average power factor or control harmonics of his installation to a value not less than the
prescribed norm:

Provided that the Supply Distribution Licensee may charge penalty or provide incentive
for low / high power factor and for harmonics, in accordance with relevant orders of the
Commission.

13. Access to Premises

1. No person other than an Authorized Representative of the Distribution Licensee or any

other person authorized under the Act and the rules and Regulations made there under
shall be authorized to operate, handle or remove any electrical plant, electric lines or
meter or break, remove, erase or otherwise interfere with the seals, name plates and
distinguishing numbers or marks affixed on such property of the Distribution Licensee
placed in the Applicant’s premises:

Provided that such authorized Representative of both the Distribution Licensee shall not
perform any of the acts under this Clause 13 except in the presence of the Applicant or
his representative:

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 Provided further that the Distribution Licensees shall provide prior intimation to the
Applicant of the visit of the Authorized Representative to the Applicant’s premises, except
where the Distribution Licensee has reason to believe that any person is indulging in
unauthorized use of electricity and/ or is committing an offence of the nature provided
for in Part XIV of the Act on such premises.

2. The Applicant shall permit entry into his premises for the authorized representatives of
the Distribution Licensee to read, inspect, test, install, remove or replace the meters or to
Energise or De-Energise the Connection Point.

14. Information Exchange

1. The Distribution Licensee and the Applicant agree to use their reasonable endeavours to
provide each other, in a timely manner, such information in respect of the Open Access
Consumers and their connection to and use of distribution system as either of them may
possess and as the other may reasonably require to carry out their obligations under the
Act, the Rules, the Connectivity and open Access in Intra-State Transmission and
Distribution Regulations or this Agreement:

Provided that the provision of information under this clause shall be subject to the
obligations of both parties to maintain confidentiality of such information being
requested for, under the Act or any other law for the time being in force.

2. The Distribution Licensee and the Applicant agree to take reasonable steps to ensure that
all information provided by either of them to the other under this Agreement is accurate
and complete.

15. Governing Laws and Jurisdiction

The Agreement shall be governed by Indian Laws and Rules made there under

16. Amendment to Connection Agreement

In case of modification to point of Connection like re-allocation of bays, up gradation of

voltage level, etc., by either of the parties, if mutually agreed, an amendment to the
Connection Agreement shall be executed between the parties within 30 days of
implementing such modification

IN WITNESS WHEREOF the Distribution Licensee and the Applicant have

caused this Agreement to be executed by duly authorized representative
on date above first herein written.

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Name & Signature Name & Signature
Applicant Distribution Licensee

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