BERC Allows East Central Railways To Seek Withdrawal Of Long-Term Open Access Dispute In Bihar

The Bihar Electricity Regulatory Commission (BERC) recently heard Case No. 21/2022 filed by East Central Railways (ECR), Hajipur, concerning a dispute over open access permissions in Bihar. The petition was filed against Bihar State Power Transmission Company Limited (BSPTCL), with North Bihar Power Distribution Company Limited (NBPDCL) and South Bihar Power Distribution Company Limited (SBPDCL) also named as respondents.

East Central Railways had approached the Commission under Section 86(1)(c) and Section 86(1)(f) of the Electricity Act, 2003, along with the provisions of the BERC (Terms & Conditions of Intra-State Open Access) Regulations, 2018. Through the petition, ECR had sought directions to BSPTCL for granting a No Objection Certificate (NOC) to enable the railway organisation to avail Long-Term Open Access.

The matter was taken up for hearing on September 30, 2026, before a three-member bench of the Commission. The bench comprised BERC Chairman Amir Subhani, Member (Legal) P.S. Yadav and Member (Technical) Manoj Kumar. Representatives and legal advocates appearing for the petitioner and respondents were present during the proceedings.

During the hearing, East Central Railways informed the Commission that it did not wish to pursue the petition further and intended to withdraw the case. Its legal representatives requested the Commission to provide one week to formally submit a written petition seeking withdrawal of the matter.

After considering the request, the Commission allowed the prayer made by East Central Railways. BERC granted ECR one week to submit the necessary formal documentation for withdrawal of the petition.

The Commission has subsequently scheduled the matter for November 3, 2026, at 11:30 AM. The case will be listed on that date for further proceedings and consideration of the formal withdrawal request.

The development brings the open access dispute before BERC to a stage where the petitioner is seeking to formally close the proceedings rather than continue its earlier request for directions regarding the NOC for Long-Term Open Access.