N.T.P.C. LTD. Vs. UTTAR PRADESH POWER CORPORATION LIMITED AND ORS.
LAWS(ET)-2015-3-7
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on March 31,2015

N.T.P.C. Ltd. Appellant
VERSUS
Uttar Pradesh Power Corporation Limited And Ors. Respondents

JUDGEMENT

- (1.) THE present petition has been filed by the petitioner, NTPC for revision of tariff of Feroze Gandhi Unchahar Thermal Power Station, Stage -II (420 MW) (hereinafter referred to as "the generating station") for the period from 1.4.2009 to 31.3.2014 in terms of the proviso to Regulation 6(1) of the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 (hereinafter referred to as "the 2009 Tariff Regulations").
(2.) THE generating station with a capacity of 420 MW comprises of two units of 210 MW each and the date of commercial operation of Unit -I is 1.1.2001 and Unit -II is 1.3.2000.
(3.) THE annual fixed charges of the generating station for the period 2009 -14 was determined by the Commission vide its order dated 13.7.2012 in Petition No. 323/2009 considering the capital cost of Rs. 129840.97 lakh, after deduction of un -discharged liabilities of Rs. 62.99 lakh as on 1.4.2009. The annual fixed charges approved by the said order dated 13.7.2012 was as under: Clause (1) of Regulation 6 of the 2009 Tariff Regulations provides as under: "6. Truing up of Capital Expenditure and Tariff 2. 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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