Electricity Act, 2003
40. Duties of
transmission licensees.-
It shall be the duty
of a transmission licensee--
a.
to
build, maintain and operate an efficient, co-ordinated and economical inter-
State transmission system or intra-State transmission system, as the case may
be;
b.
to
comply with the directions of the Regional Load Despatch Centre and the State
Load Despatch Centre as the case may be;
c.
to
provide non-discriminatory open access to its transmission system for use by--
i.
any
licensee or generating company on payment of the transmission charges; or
ii.
any
consumer as and when such open access is Provided by the State Commission under
sub-section (2) of section 42, on payment of the transmission charges and a
surcharge thereon, as may be specified by the State Commission:
Provided that such
surcharge shall be utilised for the purpose of meeting the requirement of
current level cross-subsidy:
Provided further that
such surcharge and cross subsidies shall be progressively reduced in the manner
as may be specified by the Appropriate Commission:
Provided also that
the manner of payment and utilisation of the surcharge shall be specified by
the Appropriate Commission:
Provided also that
such surcharge shall not be leviable in case open access is Provided to a
person who has established a captive generating plant for carrying the
electricity to the destination of his own use.