(1) Notwithstanding anything contained in this Act, a person may

construct, maintain or operate a captive generating plant and dedicated transmission lines:

a generating company.

1. (2) Every person, who has constructed a captive generating plant and maintains and operates such plant, shall have the right to open access for the purposes of carrying electricity from his captive generating plant to the destination of his use: Provided that such open access shall be subject to availability of adequate transmission facility and such availability of transmission facility shall be determined by the Central Transmission Utility or the State Transmission

Utility, as the case may be:

Provided further that any dispute regarding the availability of transmission

facility shall be adjudicated upon by the Appropriate Commission.