CCI vide its order dated September 29, 2015 closed the case alleging abuse of dominant position by seven power distribution companies, including three from the National Capital and remaining others from Punjab, Haryana and Himachal Pradesh, electricity boards (OPs).
The Information was filed by the Open Access Users Association (Informant) where it was also alleged that the OPs have unduly influenced and made unreasonable suggestions to their respective State Electricity Regulatory Commissions SERCs) in order to increase various charges for Open Access. Noting that there is no competition issue involved in the factual matrix disclosed in the information, CCI noted that the present case is essentially related to the regulatory functions discharged by the SERCs in respect of fixation of tariffs.
”.Under the Electricity Act, open access refers to non- discriminatory provision for the use of transmission lines or distribution system or associated facilities with such lines or system by any licensee or consumer or a person engaged in power generation. In its order CCI noted that the charges for Open Access are to be decided by the respective as per the Electricity Act and any issues would be dealt by the state electricity regulator and the appellate authority. No case is made out against the seven entities for contravention of the Act, and hence the case was dismissed at the prima-facie stage.