TAMIL NADU TRANSMISSION CORPORATION LIMITED (TANTRANSCO) Vs. TRANSMISSION CORPORATION OF ANDHRA PRADESH LIMITED AND ORS.
LAWS(ET)-2015-9-6
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on September 28,2015

Tamil Nadu Transmission Corporation Limited (Tantransco) Appellant
VERSUS
Transmission Corporation Of Andhra Pradesh Limited And Ors. Respondents

JUDGEMENT

- (1.) THE petitioner, Tamil Nadu Transmission Corporation Limited (TANTRANSCO) is a subsidiary of Tamil Nadu Electricity Board Limited, within the meaning of Companies Act, 1956. The petitioner has been declared as the State Transmission Utility (STU) by the Government of Tamil Nadu and being a STU, the petitioner is deemed to be a transmission licensee under Section 14 of the Electricity Act, 2003 (hereinafter referred to as "the Act"). The instant petition has been filed by TANTRANSCO for approval of the annual transmission charges of the transmission assets covered in the petition under the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 (hereinafter "the 2009 Tariff Regulations") in compliance of the Commission's order dated 14.3.2012 in Petition No. 15/SM/2012.
(2.) THE Commission vide order dated 14.3.2012 in Petition No. 15/SM/2012 gave the following directions: - - "3. Inter -State Transmission system has been defined under Section 2(36) of the Act as under: - - "2(36) inter -State transmission system includes - (i) any system for the conveyance of electricity by means of main transmission line from the territory of one State to another State; (ii) the conveyance of electricity across the territory of any intervening State as well as conveyance within the State which is incidental to such inter -State transmission of electricity; (iii) the transmission of electricity within the territory of a State on a system built, owned, operated, maintained or controlled by a central Transmission Utility;" 4. Under the above provision, the conveyance of electricity from territory of one state to another State is also considered to be a part of inter -State transmission system. In terms of Section 79(1)(d) of the Act, the tariff of these lines are also required to be determined by the Central Commission. 5. It has come to the notice of the Central Commission that the some of the owners/developers of the inter -State transmission lines of 132 kV and above in North Eastern Region and 220 kV and above in Northern, Eastern, Western and Southern regions as mentioned in the Annexure to this order have approached the Implementing Agency for including their transmission assets in computation of Point of Connection transmission charges and losses under the Central Electricity Regulatory Commission (Sharing of inter -State Transmission Charges and Losses) Regulations, 2010 (hereinafter "Sharing Regulations''). 6. As a first step towards inclusion of non -ISTS lines in the POC transmission charges, the Commission proposes to include the transmission lines connecting two States, for computation of POC transmission charges and losses. However, for the disbursement of transmission charges, tariff for such assets needs to be approved by the Commission in accordance with the provisions of Sharing Regulations. Accordingly, we direct the owners of these inter -State lines to file appropriate application before the Commission for determination of tariff for facilitating disbursement. 7. We direct the respondents to ensure that the tariff petition for determination of tariff is filed by the developers/owners of the transmission line or by State Transmission Utilities where the transmission lines are owned by them in accordance with the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009, by 20.4.2012." Six transmission lines of TANTRANSCO were identified as inter -State transmission lines in order dated 14.3.2012 in Petition No. 15/SM/2012 and TANTRANSCO was directed to file tariff petition for the six transmission lines, for the purpose of inclusion in the PoC charges. The details of the lines are as follows: - -
(3.) THE petitioner has submitted that out of the six inter -State lines, the Edamon -Tirunelveli 400 kV line (Kerala -Tamil Nadu) was commissioned on 1.7.2010 under ATS of Kudankulam APP and it is owned and operated by Power Grid Corporation of India limited (PGCIL). PGCIL has claimed the transmission tariff for the said asset in Petition No. 183/TT/2011. Hence, this line does not pertain to inter -State lines of TANTRANSCO. The five other inter -State lines are owned by TANTRANSCO, which connect the State of Tamil Nadu to the States of Kerala, Andhra Pradesh and Karnataka. Therefore, these five inter -State transmission lines of TANTRANSCO have been identified for approval of transmission tariff and for inclusion in PoC charges.;


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