NTPC LTD. Vs. MADHYA PRADESH POWER MANAGEMENT COMPANY LTD. AND ORS.
LAWS(ET)-2015-9-2
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on September 02,2015

Ntpc Ltd. Appellant
VERSUS
Madhya Pradesh Power Management Company Ltd. And Ors. Respondents

JUDGEMENT

- (1.) PETITION No. 70/GT/2013 was filed by the petitioner, NTPC for approval of tariff of Vindhyachal Super Thermal Power Station, Stage -IV (2 x 500 MW) ('the generating station") for the period from the anticipated date of commercial operation of Unit -I (1.12.2012) to 31.3.2014 in accordance with the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 (hereinafter referred to as "the 2009 Tariff Regulations").
(2.) UNIT -I (500 MW) of the generating station was declared under commercial operation (COD) on 1.3.2013. Accordingly, the Commission by order dated 5.4.2013 in Petition No. 70/GT/2013 granted provisional tariff for Unit -I of the generating station considering 85% of the capital cost of Rs. 261504 lakh (i.e., Rs. 222278.40 lakh) as on the COD of Unit -I. Based on this, the provisional annual fixed charges allowed for Unit -I of the generating station for the period from 1.3.2013 to 31.3.2014 is as under: By the said order dated 5.4.2013, the petitioner was directed to revise the figures taking into consideration the date of commercial operation of Unit -II of the generating station. Thereafter, on 11.9.2013, the petitioner filed amended petition based on the audited capital cost as on the COD of Unit -I and the estimated additional capital expenditure projected to be incurred as on the anticipated COD of Unit -II (1.3.2014), thereby revising the tariff of the generating station for the period 1.3.2013 to 31.3.2014. Consequent upon the declaration of COD of Unit -II (500 MW) of the generating station on 27.3.2014, the petitioner was directed by letter dated 15.5.2014 to revise the tariff based on the actual COD of Unit -II of the generating station.
(3.) IN compliance with the direction of the Commission, Petition No. 297/GT/2014 has been filed by the petitioner revising the tariff based on the audited capital cost as on the actual COD of Unit -II/generating station (27.3.2014) and the actual additional capital expenditure incurred for the period from 1.3.2013 to 26.3.2014 and the actual additional capital expenditure incurred from the COD of Unit -II (27.3.2014) till 31.3.2014 in terms of the provisions of the 2009 Tariff Regulations. Both the petitions have been clubbed and heard and the Commission on 13.1.2015 reserved its order on the petitions. Accordingly, the annual fixed charges of Units -I & II of the generating station is being determined by this order based on the submissions made by the parties in the said petitions.;


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