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Before the MAHARASHTRA ELECTRICITY REGULATORY COMMISSION World Trade Centre, Centre No.1, 13th Floor, Cuffe Parade, Mumbai 400 005 Tel. 022 22163964/65/69 Fax 22163976 Email: mercindia@mercindia.org.in Website: www.mercindia.org.in Case Nos. 12 & 48 of 2009 In the matter of Petition of MSEDCL for increase in 3 phase availability of Agricultural Load Management Schemes from 8 hrs to 11 hrs in Sangamner division (Case No. 12 of 2009) And Petition for cancellation of Load Shedding on Pump Irrigation Scheme of Express Feeders (Case No. 48 of 2009) Shri. V.P. Raja, Chairman Shri. S. B. Kulkarni, Member Shri. V. L. Sonavane, Member Case No. 12 of 2009 The Director (Operations), Maharashtra State Electricity Distribution Co. Ltd., Prakashgad, Bandra (East), Mumbai 400 051. Petitioner Case No. 48 of 2009 1. Dr. Sushil Kumar and Sukhdeo Rahangadale 2. Shri Kunwarlal & Balchad Paradhi 3. Surajlal and Sevakram Paradhi. Petitioners Vs. The Director (Operations), Maharashtra State Electricity Distribution Co. Ltd., Prakashgad, Bandra (East), Mumbai 400 051. Respondent Order in Case Nos. 12 & 48 of 2009_MSEDCL Page 1 of 10

ORDER September 9, 2010 M/s. Maharashtra State Electricity Distribution Co. Ltd. ( MSEDCL ) submitted a Petition under affidavit before the Commission on 7 th May, 2009 seeking the Commission's permission to increase the 3 (three) phase power availability of Agriculture Load Management Schemes during water rotation period by 3 hours (i.e., 8 hours to 11 hours) in Sangamner Division and compensating the same by increasing load shedding hours of other areas within Sangamner Division. 2. The prayers made by MSEDCL are as follows: 1. "To increase 3 phase availability to Agricultural load management schemes (Agricultural feeder separation and single phasing schemes) in Sangamner division by 3 hrs. i.e. from 8.00 to 11.00 hrs. during water rotation period of 75 days per year. 2. To increase the load shedding hrs. of Ag. Dominated area by 0.45 hrs. and in other region by 0.30 hrs. during water rotation period of 75 days per year to compensate excess burden of 0.07 MUs/per day due to additional 3 phase availability to Agricultural load management schemes under Sangamner division. 3. In case of change in load shedding protocol the additional load shedding hrs. to Ag. Dominated and other region to compensate the extra burden due to additional 3 phase availability of 3 hrs. to Agricultural load management schemes will change accordingly 3. MSEDCL, in its Petition, submitted as follows: i. As per present Load Shedding Protocol, agricultural load management schemes, i.e., Agricultural Feeder Separation Scheme and Single Phasing Scheme are getting 3 phase power availability of 8 hours. ii. The Distribution Collection Loss ( DCL ) of Sangamner Division is 54% and hence, it falls under Group-F of Load Shedding Protocol. Daily load relief obtained through Load Shedding in Sangamner Division is 1.48 MU per day. Order in Case Nos. 12 & 48 of 2009_MSEDCL Page 2 of 10

iii. MSEDCL proposed to increase the 3 phase power availability for 9 numbers of Agricultural Load Management Feeders from 8 hours to 11 hours (i.e., by 3 hrs) only during the Water Rotation period of 75 days in each year. This increase in 3 phase availability will burden the system by 0.07 MU per day. MSEDCL proposed to compensate this burden by simultaneous increase of Load Shedding of Ag. Dominated region by 45 minutes and other regions by 30 minutes in Sangamner Division during water rotation period. MSEDCL has submitted that, in order to compensate the excess burden of about 0.07 MUs per day, the same will have to be compensated by carrying out the additional load shedding of 0.45 hrs to Ag. Dominated areas and 0.30 hrs to the other regions under Sangamner Division during water rotation period for 75 days and for the remaining 290 days, it is submitted that the load shedding will be carried out as per the Load Shedding Protocol. 4. The Commission, vide its Notice dated 8 th May, 2009, fixed the hearing in the matter on 14 th May, 2009 and directed the Petitioner to serve a copy of its Petition to the four authorized Consumer Representatives. 5. The hearing in the matter was held on 14 th May, 2009. Shri Sharad Dabhade, Director (Operations) appeared on behalf of MSEDCL. Shri Sharad Dabhade submitted that there is a requirement/demand from the local farmers in Sangamner Division to increase the 3 phase power availability during water rotation period of 75 days in a year, and reiterated the submissions made in the Petition. 6. Representatives of the farmers of Sangamner Taluka, who were present during the hearing, submitted that they may be given sufficient power supply during water rotation period so that allocated water available in the canal/river can be lifted for irrigation purpose. 7. The Commission appreciated the sentiment that standing crops should not be damaged due to load shedding. However, while doing so, it should also be ensured that other consumers are not adversely affected and the consequent increase in hours of load shedding for other consumers in the same Taluka should not be during peak hours. Order in Case Nos. 12 & 48 of 2009_MSEDCL Page 3 of 10

8. The Commission further directed MSEDCL to work out an implementable plan in consultation with the local farmers, Irrigation Department, and other stake-holders. This policy should be implemented throughout the State with reference to the agricultural consumers, and adjustment of excess burden due to increased availability should be done within the same Taluka. The Petitioner submitted that necessary instructions will be issued to the field staff to come up with proposals to adjust the load shedding protocol according to the needs of the local area within the framework and as per the instructions of the Commission, and thereafter, a detailed plan would be submitted to the Commission for approval. 9. MSEDCL, vide its letter dated 26 th June, 2009 submitted the following additional information in accordance with the above directives of the Commission: i. From 24 th May, 2009 through MSEDCL Circular No. 26, 3-phase power availability to Agricultural Load Management Schemes has been increased from 8 hours to 10 hours. ii. iii. As per directives from the Commission, MSEDCL consulted with local farmers, local public representatives and Irrigation Departments throughout the State. After this consultation, it was found that there is a requirement for increase in 3 phase power availability during water rotation period from Sangamner Taluka of Ahmednagar District, Daund Taluka of Pune District, Satara Taluka of Satara District, Koregaon Taluka of Satara District and Warora Taluka of Chandrapur District. It was submitted that for increasing the 3 phase power availability in above mentioned Talukas from 10 hours to 11 hours, MSEDCL has to increase Load Shedding of other areas in the respective Taluka as follows: Increase in Load Shedding hours for compensating increase in Name of availability of Load Management Schemes from 10 hours to 11 Hours Taluka Ag. Dominated Region Other Region Sangamner 1.00 hour 0.00 hours Daund 30 minutes 0.00 hours Satara 15 minutes 0.00 hours Koregaon 30 minutes 0.00 hours Warora 0.00 hours 15 minutes Order in Case Nos. 12 & 48 of 2009_MSEDCL Page 4 of 10

iv. Increase in the availability and increase in the Load Shedding for compensating the same will be implemented during water rotation period only. v. If similar requirements come in the future for other Talukas, then the same pattern as above will be applicable and the excess burden due to increase in 3 phase availability from 10 hours to 11 hours in the Taluka will be compensated by increase in Load Shedding hours of the Other Regions and Agricultural Dominated Region of the same Taluka only. vi. MSEDCL further submitted that for calculation of load relief through Load Shedding, the Load Shedding protocol vide Circular No. 27 dated 12 th June, 2009 has been considered, and the demand for increase in 3 phase availability upto 11 hours has been considered. From 24 th May, 2009 vide Circular No. 26, the 3 phase availability to Ag LM schemes has been increased from 08:00 hrs to 10:00 hrs, and hence, the excess burden has been calculated by considering increase in 3 phase availability from 10:00 hrs to 11:00 hrs. 10. Meanwhile, Dr. Shushilkumar and Sukhdeo Rahangadale and others filed a Petition on 10 th August, 2009 for cancellation of Load Shedding on Lift Irrigation Scheme on Express Feeder (Case No. 48 of 2009). The Petitioners in their Petition submitted as follows: i. Petitioners are the beneficiaries of Dhopewada Lift Irrigation Scheme ( LIS ) Stage I on Vainganga River in Tiroda Taluka of Chandrapur district. ii. iii. iv. Water Rotation period for this scheme is of 45 to 50 days in a year. During Water Rotation period, for providing water availability to far end users of the scheme, it is required to run the LIS scheme for 12 hours continuously. Dhopewada LIS Stage I is getting power supply through 132 kv express feeder. As per present Load Shedding Protocol, this scheme is getting availability of 16 hours from 24:00 hrs to 16:00 hrs and full day Load Shedding on Wednesday. The Petitioners submitted that due to Load Shedding, it is not possible to provide water to far end users of the LIS scheme. Therefore, they requested for withdrawal of Order in Case Nos. 12 & 48 of 2009_MSEDCL Page 5 of 10

Load Shedding on the express feeder feeding this scheme, during water rotation period of the year. 11. Common issues arise in the petition filed by Dr. Shushilkumar and Sukhdeo Rahangadale and others in Case No. 48 of 2009 and that of MSEDCL s Petition in Case No 12 of 2009. Therefore, the Commission decided to hold a joint hearing in these Petitions. 12. The Commission vide Notice dated 17 th August, 2009 fixed the hearing in Case No. 12 of 2009 on 27 th August, 2009. Simultaneously, vide Notice dated 18 th August, 2009, the Commission fixed a hearing in Case No. 48 of 2009 on 27 th August, 2009. 13. A joint hearing in these matters was held on 27 th August, 2009. Shri R.G. Sonwane, Supdt Engineer (Comm), Shri A.J. Deshpande, Chief Engineer (Comm) and Shri Shailendra Rathor, Chief Engineer (Incharge) (LM) appeared on behalf of MSEDCL. During the hearing, the Commission observed that it is important to ensure that maximum power is made available to Agricultural feeders during Water Rotation period and suggested that MSEDCL in consultation with Irrigation Department of Government of Maharashtra ( GoM ) shall ensure that water available during water rotation period can be used fully and Load Shedding shall not be the restricting factor in doing so. The Commission adjourned the hearing by directing MSEDCL to submit a plan for providing power supply during water rotation period to agricultural feeders in consultation with Irrigation Department of GoM. The Commission directed that the Irrigation Department should be made a party to the matter and should attend the next hearing, which shall be conducted on the parties submitting the jointly agreed plan based on the aforesaid guidelines. For preparing such plan, MSEDCL was directed to collect actual data regarding reservoir level and respective details of water rotation period for all projects of Irrigation Circles. 14. MSEDCL vide its letter dated 30 th December, 2009 informed the Commission that they have already written to the Principal Secretary (Irrigation), in reply to which the Dy. Secretary, Water Resource Department had forwarded a list of 18 nos. of Superintending Engineers of Irrigation Circles. Consequently, MSEDCL has received information from some irrigation circles, and will be receiving the balance information in due course. MSEDCL further vide its letter dated 14 th January 2010 submitted details of reservoir levels and corresponding water rotation period of various Irrigation Dams / Canals in State of Maharashtra. 15. The Commission, vide Notice dated 8 th April, 2010 fixed a hearing in Case No. 12 of 2009 on 25 th May, 2010. Further, the Commission vide Notice dated 8 th April, 2010 fixed a Order in Case Nos. 12 & 48 of 2009_MSEDCL Page 6 of 10

hearing in Case No. 48 of 2009 on 25 th May, 2010. Vide Notices dated 26 th April, 2010, the Commission postponed the joint hearing on both the cases to 22 nd June, 2010. 16. The joint hearing in the two matters was held on 22 nd June, 2010. Shri D. S. Bodale, Chief Engineer (Load Management) appeared on behalf of MSEDCL. Shri. S. V. Sodal, Secretary, Maharashtra Water Resource Regulatory Authority(MWRRA) appeared as a special invitee in the matter. 17. During the hearing, MSEDCL submitted that they had collected details of water reservoir levels and their corresponding water rotation period throughout the State of Maharashtra. MSEDCL further submitted that there is a requirement for increase in 3 phase power availability during water rotation period from 10 hours to 11 hours from Sangamner Taluka of Ahmednagar District, Daund Taluka of Pune District, Satara Taluka of Satara District, Koregaon Taluka of Satara District and Warora Taluka of Chandrapur District. Accordingly, MSEDCL has proposed to increase Load Shedding of other regions in the same Taluka for compensating increase in one hour availability to Agricultural Load management feeders. 18. Shri Sodal submitted that four Talukas of Sangamner Division are getting their water entitlement from Bhandardara Dam. Since last two to three years, due to non-availability/ availability of electricity for lesser hours during water rotation period, it has not been possible to lift the water as per entitlement. He further submitted that in case of Vaitarna River, there is a problem regarding water lifting. 19. The Commission observed that even though MSEDCL has proposed to increase 3 phase power availability during water rotation period of above mentioned five Talukas only, similar situation may exist for other parts of Maharashtra as well. Therefore, MSEDCL was directed to resubmit its proposal by considering all eligible cases in entire State of Maharashtra within 15 days and after detailed discussion on it with Shri Sodal. 20. MSEDCL vide its letter dated 21 st August 2010 submitted their revised proposal as directed by the Commission. MSEDCL in its letter submitted as follows: i. After Consultation with 18 Irrigation Circles, MSEDCL has received details of requirement from 16 Irrigation Circles. Details of requirement from Thane and Washim Irrigation circles have not been received. Order in Case Nos. 12 & 48 of 2009_MSEDCL Page 7 of 10

ii. Consumers are fed electricity through different types of feeders and are presently having availability as follows: a) LIS having 14 hours availability. b) Mixed feeders having 9 to 11 hours availability depending upon Group. c) Separated Agricultural Feeders / Single Phasing feeders having 8 hours availability. iii. iv. MSEDCL submitted that the Petition is to increase 3 phase availability of Agricultural Load Management Schemes from 8 hours to 11 hours. Due to system technical constraints, it is not possible to increase further availability of mixed feeders and LIS Schemes as they already have availability of 11 hours and 14 hours respectively. It is submitted that after considering all the details of requirements received from Irrigation Circles, it is found that only in case of Sangamner and Warora Taluka, MSEDCL will be able to increase 3 phase availability of Agricultural Load Management Schemes from 8 hours to 11 hours during water rotation period. v. It is submitted that, as per recommendation of Load Shedding Committee constituted by the Commission, for preparing workable plan, instead of Taluka, Division is considered as a base. 21. Further hearing in the matter was held on 23 rd August 2010. During the hearing, MSEDCL submitted that as per requirement from the local farmers it is possible to increase 3 phase power availability to Agricultural Load Management feeders in Sangamner Taluka and Warora Taluka as the other consumers in that area have given their consent for additional load shedding burden during water rotation period. 3 Phase Availability in Akole and Rahuri under Nasik Irrigation Circle, Two Talukas under Nanded and 11 Talukas Solapur Irrigation Circle can be increased subject to consent from local consumers to bear the excess burden of load shedding due to increase in 3 phase power availability to agricultural load management feeders. In case such consent or acceptance from other consumers in that area/talukas is available, MSEDCL will take appropriate action as per the directives of the Commission, in this matter. Order in Case Nos. 12 & 48 of 2009_MSEDCL Page 8 of 10

22. MSEDCL submitted that LIS on express feeders are already getting 3 phase availability of 14 hours and the same cannot be increased further due to system constraints. 23. Shri. Sodal submitted that availability of power supply should be made available to Agricultural feeders for utilization of their water entitlement during the water rotation period. He further submitted that water rotation period is decided in each year at the end of October by Canal Advisory Co-ordination Committee of each Irrigation Circle. 24. Having heard the parties and after considering the material placed on record, the Commission is of view as under: i. The Commission appreciates the sentiment that standing crops should not be affected due to non-availability of power. Agricultural being a productive sector and also being an important factor of the rural economy, non-availability of power should not be one of the reasons for lower agricultural production. ii. Based on the submission made by MSEDCL, it is observed that requirement of 3 phase power availability for Agricultural Load Management Schemes in Sangamner Taluka of Nasik District and Warora Taluka of Chandrapur District can be increased from 8 hours to 11 hours by adjusting excess burden of such increased in availability by increasing load shedding hours on other feeders within the same Division of MSEDCL during water rotation period. Further, as per MSEDCL's submission, the consent from affected stakeholders/local farmers for bearing the additional load shedding hours in these two Talukas are available with MSEDCL. Therefore, the Commission directs that 3 phase availability of Agricultural Load Management schemes in these two Talukas shall be increased from 8 hours to 11 hours only during water rotation period and burden of reduced supply availability should be adjusted in the same Division, in the manner indicated by MSEDCL, to make up the shortfall in supply availability. iii. For all other cases, whenever such requirement of increase in 3 phase availability of Agriculture Load Management schemes along with consent from the affected stakeholders/local farmers for bearing the increased in Load Shedding for adjusting Order in Case Nos. 12 & 48 of 2009_MSEDCL Page 9 of 10

such increased availability. MSEDCL may take necessary steps following the principles approved in this case. iv. As per MSEDCL's submission, presently, LIS on express feeders are getting availability of 14 hours and availability during water rotation period of 45 to 50 days cannot be increased further as prayed in Case No. 48 of 2009 due to system constraints. As the issue is related with system constraints, the Commission is not inclined to give any relief regarding the prayers sought in the matter of Case No 48 of 2009. v. Further, the Commission directs MSEDCL that their field Officers should attend the Canal Advisory Co-ordination Committee meeting every year for coordination of Load Shedding hours with water rotation period of respective Irrigation Circle project to ensure that the practical difficulties are explained before the Committee, and a feasible solution is arrived at. With the above directions, Case No 12 of 2009 and Case No 48 of 2009 stands disposed of. Sd/- Sd/- Sd/- (V.L. Sonavane) (S. B. Kulkarni) (V. P. Raja) Member Member Chairman (K. N. Khawarey) Secretary, MERC Order in Case Nos. 12 & 48 of 2009_MSEDCL Page 10 of 10