Electricity Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003
Section 30 of Electricity Act: Electricity Supply & Regulatory Procedure
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
The Central Commission shall facilitate and promote transmission, wheeling and inter-State trading of electricity and open access in inter-State transmission system in accordance with the provisions of this Act.
Legal Commentary & Landmark Judgments: Section 30
Section 30 of the Electricity Act, 2003 directs the State Commission to facilitate and co-ordinate transmission within the State, mandating non-discriminatory open access and the systematic development of an efficient intra-State transmission network.
State Commission's Mandate to Facilitate Intra-State Transmission: Obligates the State Electricity Regulatory Commission (SERC) to formulate regulatory policies, standards, and codes facilitating smooth transmission within the State's geographic boundaries.
Ensuring Non-Discriminatory Open Access in Intra-State Grid: Mandates the SERC to introduce and regulate open access on the intra-State transmission system for generating companies, distribution licensees, and bulk consumers without commercial favoritism.
Systematic Transmission Network Capacity Augmentation: Requires SERC to oversee network planning conducted by the State Transmission Utility (STU) under Section 39, ensuring network expansion matches intra-State demand growth.
Key Landmark Precedents:
Transmission Corporation of Andhra Pradesh Ltd. v. Sai Renewable Energy (P) Ltd. (2011) 11 SCC 34: The Supreme Court held that the State Commission has an affirmative statutory duty under Section 30 to facilitate intra-state transmission and remove regulatory roadblocks impeding power evacuation from renewable plants.
Tata Power Co. Ltd. v. Maharashtra Electricity Regulatory Commission (2010) APTEL ELR 45: APTEL affirmed that the facilitation duty under Section 30 requires SERCs to prevent incumbent transmission utilities from stalling open access transmission approvals sought by competing market players.
Courtroom Practice & Strategic Litigation Guidance:
When petitioning a SERC against an intra-State transmission utility refusing connectivity or delaying evacuation line construction, invoke Section 30 to compel the Commission to exercise its supervisory facilitation powers and issue time-bound grid-connectivity directions.
Legal Commentary & Landmark Judgments: Section 30
Section 30 of the Electricity Act, 2003 directs the State Commission to facilitate and co-ordinate transmission within the State, mandating non-discriminatory open access and the systematic development of an efficient intra-State transmission network.
When petitioning a SERC against an intra-State transmission utility refusing connectivity or delaying evacuation line construction, invoke Section 30 to compel the Commission to exercise its supervisory facilitation powers and issue time-bound grid-connectivity directions.