CERC has issued order on 5th November 2015 which recognize Railways as a deemed licensee and has order
a. In the light of the judgement of the Supreme Court in UOI Vs UPSEB supra, it is held that Railways are an authorized entity under the Railways Act to undertake transmission and distribution activities in connection with the working of the railways, independent of its status under the Electricity Act.
b. The information sought by MSETCL vide its letter dated 6.7.2015 are not relevant for grant of connectivity and concurrence to Railways for scheduling of power from RGPPL and GUVNL through the ISTS and State networks by availing long term access or medium term open access in terms of Connectivity Regulations.
c. Railway is a deemed licensee under third proviso to Section 14 of the Electricity Act and no separate declaration to that effect is required from the Appropriate Commission. Railway as a deemed licensee shall be bound by the terms and conditions of licence specified or to be specified by the Appropriate Commission under proviso to Section 16 of the Electricity Act.
d. The drawl points from ISTS located within a State shall be treated as a single entity for the purpose of scheduling. The group of Traction Subsections situated in a State and connected directly with ISTS may be treated as one “fragmented control area” and the responsibility for scheduling, metering, balancing, applicability of ISTS charges and losses etc, shall vest in the concerned RLDC. For the Traction Subsections situated in a State and connected to State network, these functions shall vest in the concerned SLDC.
e. All concerned RLDCs, State Transmission Utilities and SLDCs are directed to facilitate long term access and medium term access in terms of Connectivity Regulations from the generating stations or other sources to the facilities and network of Indian Railways.