Decided on June 17,2015

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


- (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 1.4.2014 to 31.3.2014, in accordance with the provisions of the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2014 ('the 2014 Tariff Regulations').
(2.) 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. Accordingly, Power Purchase Agreements have also been entered into by the petitioner with the respondent beneficiaries during the year 2009. The petitioner had filed Petition No. 199/GT/2013 for determination of tariff of the generating station for the period from the anticipated COD of Unit -I (31.7.2012) and from COD of Unit -II (31.10.2012) to 31.3.2014. Thereafter, the petitioner filed Interlocutory Application (I.A) No. 15/2013 and submitted that Unit -I/Block -I of the generating station was expected to be declared under commercial operation on 20.6.2013 and Unit -II on 31.10.2013 and further prayed for grant of provisional tariff for Unit -I/Block -I of the generating station. Accordingly, the Commission by order dated 20.12.2013 granted interim tariff considering the capital cost of Rs. 145710.00 lakh as on the anticipated COD of Block -I of the generating station subject to adjustment as per proviso to Clause (3) of Regulation 5 of the 2009 Tariff Regulations. Block -I has been declared under commercial operation on 4.1.2014 and Petition No. 199/GT/2013 which was heard on 9.12.2014 is pending for determination of final tariff from COD till 31.3.2014 in terms of the 2009 Tariff Regulations.
(3.) MEANWHILE , Block -II of the generating station has been declared under commercial operation on 24.3.2015 and accordingly the petitioner has filed this petition and has prayed for determination of tariff of the generating station for the period from 1.4.2014 to 24.3.2015 for Block -I and from 24.3.2015 (COD of Block -II) to 31.3.2019 (COD of Block -II). The petitioner has submitted that since the final determination of tariff of Block -II may take some time, the Commission may issue interim order to facilitate interim arrangement for billing of energy supplied to various beneficiaries from Block -II based on the capital cost/annual fixed charges claimed in the petition till final tariff is determined in terms of the 2014 Tariff Regulations. The petitioner has further submitted that the matter of provisional tariff for Block -II was taken up with the beneficiaries at the 22nd Commercial Committee meeting of the North Eastern Regional Power Committee and the members agreed to pay the energy bill for Block -II based on the annual fixed charges determined by the Commission for Block -I till issuance of final tariff order for both the blocks of the generating station.;

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