NTPC LTD. Vs. UTTAR PRADESH POWER CORPORATION LTD. AND ORS.
LAWS(ET)-2015-8-5
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on August 07,2015

Ntpc Ltd. Appellant
VERSUS
Uttar Pradesh Power Corporation Ltd. And Ors. Respondents

JUDGEMENT

- (1.) THIS petition has been filed by NTPC Ltd. for revision of the annual fixed charges for Feroze Gandhi Unchahar Thermal Power Station, Stage -III (210 MW) (the generating station) for the period from 1.4.2009 to 31.3.2014 in terms of the proviso to clause (1) of Regulation 6 of the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 (the 2009 Tariff Regulations).
(2.) THE Commission vide order dated 25.5.2012 in Petition No. 279/2009 had approved the tariff of the generating station for the period 1.4.2009 to 31.3.2014 taking into account the opening capital cost of Rs. 86399.48 lakh, after adjusting the undischarged liabilities of Rs. 3742.22 lakh as on 1.4.2009 pertaining to the period prior to 1.4.2009, as shown hereunder: The annual fixed charges approved by the said order dated 25.5.2012 are as under:
(3.) THE petitioner presently seeks revision of the annual fixed charges based on actual additional capital expenditure incurred for the years 2009 -10, 2010 -11, 2011 -12 and 2012 -13 and the projected additional capital expenditure for the year 2013 -14 in accordance with clause (1) of Regulation 6 of the 2009 Tariff Regulations. Clause (1) of Regulation 6 of the 2009 Tariff Regulations provides as under: "6. Truing up of Capital Expenditure and Tariff (1) The Commission shall carry out truing up exercise along with the tariff petition filed for the next tariff period, with respect to the capital expenditure including additional capital expenditure incurred up to 31.3.2014, as admitted by the Commission after prudence check at the time of truing up. Provided that the generating company or the transmission licensee, as the case may be, may in its discretion make an application before the Commission one more time prior to 2013 -14 for revision of tariff.";


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