ONGC TRIPURA POWER COMPANY LTD. Vs. ASSAM POWER DISTRIBUTION COMPANY LTD. AND ORS.
LAWS(ET)-2015-8-16
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on August 31,2015

Ongc Tripura Power Company Ltd. Appellant
VERSUS
Assam Power Distribution Company Ltd. And Ors. Respondents

JUDGEMENT

- (1.) THE petitioner, ONGC -Tripura Power Company Ltd. (OTPCL) has filed this petition for approval of tariff of Palatana Combined Cycle Gas Turbine Power Project (2 x 363.3 MW) ('the generating station') for the period from the date of commercial operation (COD) of Block -I i.e. from 4.1.2014 to 31.3.2014, in terms of the provisions of the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 ('the 2009 Tariff Regulations').
(2.) THE generating station with an installed capacity of 726.60 MW comprises of two blocks of 363.30 MW each. The petitioner is a joint venture of ONGC, IL&FS (through its affiliate IEDCL) and the Govt. of Tripura with the major share holding by ONGC (50%), IEDCL (26%), Govt. of Tripura (0.5%) and Residual Equity (23.5%) for setting up the project. The beneficiaries of the North Eastern States have been allocated a capacity of 628 MW from the generating station and the balance capacity of 98 MW is towards merchant sale. The petitioner had prayed for determination of tariff of the generating station for the period from the anticipated COD of Block -I (31.7.2012) and from COD of Block -II (31.10.2012) to 31.3.2014. Since the units of the generating station could not be declared under commercial operation, the petitioner had filed Interlocutory Application I.A. No. 15/2013 and submitted that Block -I of the generating station was expected to be declared under commercial operation on 20.6.2013 and Block -II on 31.10.2013. It also prayed that tariff for the proposed sale of power to respondents from Block -I may be granted and also liberty be granted to approach the Commission for determination of tariff of Block -II as and when the same is declared under commercial operation. Subsequently, the petitioner vide affidavit dated 30.9.2013, prayed for grant of provisional tariff for Unit -I of the generating station. Thereafter, the Commission vide order dated 20.12.2013 in Petition No. 199/GT/2013 granted provisional tariff for Block -I of the generating station for the period from anticipated COD of Unit -I (Block -I) to 31.3.2014. Subsequently, the petitioner vide affidavit dated 19.6.2014 revised the petition along with the tariff filing forms for determination of final tariff of Block -I considering the actual COD of Block -I from 4.1.2014 to 31.3.2014. The Commission thereafter directed the petitioner to file certain additional information which was filed by the petitioner vide affidavit dated 13.10.2014.
(3.) THE petition was heard on 9.12.2014 and the Commission while reserving orders for determination of tariff of the generating station directed the petitioner to file certain additional information, which was filed by the petitioner vide affidavit dated 15.12.2014.;


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