CERC Holds That State Commission Has Jurisdiction To Regulate And Adjudicate Upon Intra-state Aspects Of Inter-state Open Access Transactions

The Central Electricity Regulatory Commission (“CERC”) through Order dated 01.06.2026 in the matter of JSL v. TPCODL & Ors.¹, held that State Commission has jurisdiction to regulate inter-state open access transactions and any dispute arising in terms of the use of the intra-state network, even when such network has to be used in conjunction with the inter-State Transmission System.

Jindal Steel Limited (“JSL”), by way of the present petition sought declaration that insistence of distribution licensee’s (“DISCOM”) consent / No-objection Certificate (“NOC”) as a mandatory pre-condition for the grant of Standing Clearance/ Temporary General Network Access is ultra vires the CERC (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022 (“GNA Regulations”) and the Procedure for Grant of Temporary General Network Access through the National Open Access Registry (“NOAR Procedure”).

CERC held that Clause 6(e) of the NOAR Procedure, which provides that DISCOM consent, “if any, shall be uploaded as per the practice in the host State”, embodies a conscious regulatory choice and expressly recognizes the applicability of the host State’s regulatory framework governing grant of Standing Clearance by the State Load Despatch Centre. In the present case, such framework was contained in the Odisha Electricity Regulatory Commission (Terms and Conditions for Intra-State Open Access) Regulations, 2020 (“OERC OA Regulations”). CERC noted that the applications for Standing Clearance had been made under the OERC OA Regulations and not under the GNA Regulations. Since JSL is connected to the intra-State network within the State of Odisha and is an Extra High-Tension consumer of TPCODL, the requirement of consent/NOC from the DISCOM is governed by the OERC OA Regulations. Consequently, any dispute arising out of such requirement would necessarily fall within the jurisdiction of the Odisha Electricity Regulatory Commission.

Footnotes

^{1 Petition No. 191/MP/2026.}

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