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DERC by way of public notice dated 23.01.20261 has invited comments/suggestions/objections on the Draft DERC (Terms and Conditions of Open Access) (Second Amendment) Regulations, 20252 ("Draft Open Access Amendment Regulations") dated 14.01.2026, amending the DERC (Terms and Conditions of Open Access) Regulations, 2005 ("Principal Open Access Regulations").
The Draft Open Access Amendment Regulations proposes the insertion of a proviso to Regulation 12(1) of the Principal Open Access Regulations. Regulation 12 of the Principal Open Access Regulations provides for 'Applicable Charges' wherein Regulation 12(1) provides for the charges payable by open access ("OA") customers.
The proposed proviso sought to be added to the Regulation 12(1) provides as follows:
a. In cases where a person is availing General Network Access ("GNA") or OA, the additional surcharge shall be reduced on a linear basis from the rate applicable in the year in which GNA or OA was granted so that, if it is continued to be availed by this person, the additional surcharge shall get eliminated within four years from the date of grant of GNA or OA.
b. Person availing GNA or OA shall not be entitled to seek or claim any refund, adjustment or recovery of the additional surcharge already levied or collected under the Principal Open Access Regulations.
c. The additional surcharge shall be applicable only on those OA consumers who are or have been, consumers of the concerned distribution licensee, and shall not apply to OA consumers to the extent of the contract demand maintained with the distribution licensee
All stakeholders may submit their comments/suggestions/objections on the Draft Open Access Amendment Regulations to DERC latest by 12.02.2026, 5:00 P.M.
Footnotes
1 Draft DERC (Terms and Conditions of Open Access) (Second Amendment) Regulations, 2025
2 Public Notice inviting comments on Draft DERC (Terms and Conditions of Open Access) (Second Amendment) Regulations, 2025.
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