Electricity Act 2003, India, key issues

1. The constant shortfall in meeting the power capacity addition targets in the last few five year plans has
created a need for a new strategy to be adopted by the government to meet the continuous shortfall in the
near term. The government of India set out a series of initiatives starting with encouraging the captive power
surplus into the grid. However this has been only partially successful. There have been numerous challenges
ranging from metering, settlement protocols, to SLDCs denying, delaying grant of open access besides the
states imposing section 11, 37, 108 of the Electricity Act 2003.
Key Issues Proposed to be examined include:
· Issues in Open Access: The status on the progress of litigations and matters including case studies
related to the denial of open access by way of invocation of the CERC notification of open access for
medium and long term
· CERC regulations on Open Access 2009: An analysis of the new open access regulations of the CERC
· Legal implications caused by the Bombay High Court judgment in the Bhushan Steel case, which has
not been intervened by the Supreme Court in the matter of sale of power under Section 42 (2)
· Removal of difficulties under Section 9 initiated by the Central government specifically exempts the
need to get a license for captives but does not exempt generating companies. In the present legal
scenario, a generating company may not be able to sell power to a consumer under Section 42 (2)
even though the Act may have contemplated the same and this will deter the smooth development
of a balanced power market place.
· Market splitting by power exchanges due to congestion of transmission systems and lower prices
paid to generators. This position needs to be explained and understood and a strategy created as to
what can be done by the power exchanges to return the excess funds collected by them on account
of transmission congestion charge to the generating companies.
· Issues in to Fuel Supply and Logistics especially those related to Coal for Power Plants and its
transport
Eminent Speakers from Regulatory Bodies, Government Authorities, Industry, Law Firms, Fuel and Logistics
Firms, Power Exchanges and Financial Firms will critically examine these issues in detail. This is a great
opportunity for various stake holders to come together and share their views to come to a conclusion on the
way forward.
Whom You Can Expect to Meet at the Event:
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