Inviting comments/suggestions/objections on Draft DERC (Terms and Conditions of Open Access) (Second Amendment) Regulations, 2025 – EQ

Summary:

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### **1. ISSUING AUTHORITY & LEGAL BASIS**
– **Authority:** Delhi Electricity Regulatory Commission (DERC)
– **Legal Power:**
– **Sections 39, 40, 42, and 181** of the **Electricity Act, 2003**
– **Regulation Amended:** **Delhi Electricity Regulatory Commission (Terms and Conditions for Open Access) Regulations, 2005** (referred to as “Principal Regulations”)

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### **2. TITLE AND COMMENCEMENT**
– **Short Title:** **Delhi Electricity Regulatory Commission (Terms and Conditions for Open Access) (Second Amendment) Regulations, 2025**
– **Effective Date:** From the date of publication in the Official Gazette
– **Applicability:** Extends to the **National Capital Territory of Delhi**

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### **3. KEY AMENDMENT: REGULATION 12(1) – ADDITIONAL SURCHARGE**
A new proviso is added to **Regulation 12(1)** of the Principal Regulations, introducing a **phased reduction and elimination of the additional surcharge** for Open Access/General Network Access (GNA) consumers:

1. **Phased Reduction of Additional Surcharge:**
– For consumers availing **General Network Access (GNA) or Open Access**, the additional surcharge will be **linearly reduced** each year from the date of grant.
– The surcharge will be **fully eliminated within 4 years** from the grant date if the consumer continues to avail GNA/Open Access.

2. **No Refund/Adjustment of Past Surcharge:**
– Consumers **cannot claim any refund, adjustment, or recovery** of the additional surcharge already paid under existing regulations.

3. **Exemption for Maintaining Contract Demand with DISCOM:**
– Additional surcharge **shall not apply** to Open Access consumers to the extent they maintain their **contract demand with the distribution licensee (DISCOM)**.

4. **Applicability Only to Existing/Past Consumers of DISCOM:**
– The surcharge is **applicable only** to Open Access consumers who are **or have been consumers of the concerned distribution licensee**.

5. **Definition Clarification:**
– **General Network Access (GNA)** and **Temporary-GNA** shall have the same meaning as defined in the **Central Electricity Regulatory Commission (Connectivity and General Network Access to the Inter-State Transmission System) Regulations, 2022**, as amended.

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### **4. IMPLICATIONS FOR STAKEHOLDERS**
– **Open Access/GNA Consumers:** Will see a **gradual reduction in additional surcharge over 4 years**, leading to **zero surcharge by the 4th year**.
– **DISCOMs:** May experience reduced surcharge revenue from Open Access consumers over time.
– **New Consumers:** Those who have **never been consumers of the DISCOM** may not be subject to this surcharge.
– **Existing Consumers Maintaining Contract Demand:** Can avoid the surcharge entirely by keeping their contract demand with the DISCOM.

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### **5. PURPOSE & POLICY INTENT**
– **Promote Open Access:** Reduce financial barriers for consumers opting for Open Access/GNA over time.
– **Transitional Relief:** Provide a predictable, phased reduction to help consumers plan their energy procurement.
– **Protect DISCOM Revenue Streams:** While reducing surcharge, the amendment ensures no retroactive claims and maintains revenue from existing contractual commitments.

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