Petitioner is a private limited company incorporated
under the provisions of the Companies Act, 1956. It has
established a composite industrial unit (induction furnace and
re-rolling) in Survey Nos. 21 to 24 of Gunded Village, Balanagar
Mandal, Mahaboobnagar District and are engaged in the
manufacture of M.S. Ingots, M.S. Rods, etcetera for which
purpose, they obtained a High Tension Service Connection
bearing No. MBN-719 from the 3rd respondent. Petitioner is
stated to be availing power at 33 KV voltage level from the 3rd
respondent.
The case of petitioner is that it is a scheduled
consumer of the 2nd respondent distribution company, a
deemed licensee under the Provisions of the Electricity Act,
2003 (for short, ‘the Act’). The Scheduled Consumers are those,
who avail power from the 2nd respondent source and also from
other sources both intra or inter-state purchases by using the
Distribution Lines etcetera of the 2nd respondent. Section 42 of
the Act obligates the distribution companies like the 2nd
respondent to allow to use open access corridor to its scheduled
consumers i.e. to draw power purchased from the third parties
through transmission / distribution lines of the 2nd respondent
distribution company. To avail open access facility, the users
have to pay the following charges:-