BERC Allows East Central Railways to Withdraw 70 MW Open Access Dispute After Securing Approval Until 2050 In Bihar

The Bihar Electricity Regulatory Commission (BERC) has disposed of Case No. 21/2022 filed by East Central Railways (ECR), Hajipur, after permitting the petitioner to withdraw its petition. The Commission allowed the withdrawal while keeping all legal contentions between the parties open.

ECR had initially filed the petition in November 2022 under Sections 86(1)(C) and 86(1)(f) of the Electricity Act, 2003, and the BERC (Terms & Conditions of Intra-State Open Access) Regulations, 2018. The railway authority had sought directions to Bihar State Power Transmission Company Limited (BSPTCL) for issuing a No Objection Certificate (NOC) for an additional 70 MW of Long Term Open Access (LTOA), increasing its total approved capacity to 170 MW.

The petition also sought directions for executing the connectivity agreement and processing pending applications within a specified timeframe.

However, during the proceedings, ECR informed the Commission that it had already secured the required additional 70 MW of long-term open access through NOC No. 19, issued on March 3, 2025. The approval is valid until March 2, 2050. Following this development, ECR submitted its withdrawal request on October 13, 2026, while seeking liberty to approach the Commission again if any future cause of action arises.

The respondents, including BSPTCL, North Bihar Power Distribution Company Limited (NBPDCL), and South Bihar Power Distribution Company Limited (SBPDCL), did not oppose the withdrawal but objected to granting future liberty to ECR. Their counsel raised concerns about possible disputes relating to Cross Subsidy Surcharge (CSS).

The Commission, comprising Chairman Amir Subhani and Members Manoj Kumar and P.S. Yadav, rejected these objections. It observed that granting liberty merely allows parties to approach the appropriate legal forum when a genuine cause of action arises.

Accordingly, BERC permitted ECR to withdraw the petition and disposed of the case along with all associated Interlocutory Applications, keeping all contentions between the parties open.