DB POWER LIMITED Vs. WESTERN REGIONAL LOAD DESPATCH CENTRE AND ORS.
LAWS(ET)-2015-3-3
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on March 11,2015

Db Power Limited Appellant
VERSUS
Western Regional Load Despatch Centre And Ors. Respondents

JUDGEMENT

- (1.) THIS petition has been filed by the petitioner, DB Power Limited under Regulation 8 of the Central Electricity Regulatory Commission (Grant of connectivity, Long -term Access and Medium -term Open access in inter -State transmission and related matters) Regulations, 2009 as amended from time to time (Connectivity Regulations) and Central Electricity Regulatory Commission (Deviation Settlement Mechanism) Regulations, 2014 with the following prayers: "(a) Allow the petitioner to draw start up power for Unit -2 under DSM for the period when Unit -1 is not in operation; (b) Allow the petitioner extension of period for testing including full load testing and consequent injection of infirm power by Unit -2 beyond 6 months of initial synchronization and up to 30.6.2015 or the date of COD of Unit -2, whichever is later; (c) Condone the delay, if any, in filing this petition; (d) Waive the fees for filing the present petition for the reasons stated in Para 17 of the petition; and (e) Pass any other order as it may deem fit in the circumstances mentioned above."
(2.) THE petitioner is setting up 1200 MW (2X600 MW) thermal power project ("the project") at Village Baradarha Janjgir Champa District, in the State of Chhattisgarh. The BTG package for the project is supplied, erected and executed by BHEL and Balance of Plant as well as civil works is executed by L&T.
(3.) THE Unit -1 of the project has been declared under commercial operation on 19.6.2014. The petitioner has submitted that the Unit -1 is, at present, not operational due to the following reasons: (i) Pursuant to the execution of the Power Purchase Agreement with the Tamil Nadu Generation and Distribution Company Limited (TANGEDCO) for 208 MW, the petitioner was granted LTA by CTU for 36 MW from 1.6.2014 to 31.7.2014 and for the full quantum of 208 MW from 1.8.2014 till 30.9.2028. (ii) CTU vide its letter dated 22.9.2014 deferred the operationalization of LTA by treating the application made in the month of November, 2013 as an application made in the month of January, 2014. Aggrieved by the said decision of CTU, the petitioner filed the Petition No. 376/MP/2014 before this Commission. The Commission vide order dated 16.2.2015 hold that the petitioner's application would be treated to have been made in January 2014. Aggrieved by the said order dated 15.2.2015, the petitioner has filed an Appeal No. 50/2015 before Hon'ble Appellate Tribunal for Electricity which is pending adjudication. (iii) Deferment of operationalization of LTA by PGCIL has led to shutting down of operations of Unit -1. As a result, the petitioner is not able to avail start up power for Unit -2 from Unit -1. (iv) WRLDC vide its letters dated 8.12.2014 and 15.12.2014 directed the petitioner not to draw start -up power under Deviation Settlement Mechanism. The petitioner has submitted that the Unit -2 of the project achieved oil synchronization with grid on 30.3.2014 but due to reasons beyond its control, the COD of Unit 2 could not be achieved within the stipulated time due to technical reasons. The Commission vide order dated 24.9.2014 in Petition No. 211/MP/2014 had allowed injection of infirm power from Unit -2 of the project for testing including full load testing up to 31.12.2014 or the actual date of commercial operation, whichever was earlier. The petitioner has submitted that since COD of Unit -2 could not be achieved by 31.12.2014 due to cancellation of coal block and non -availability of coal linkage, the petitioner filed the Petition No. 567/MP/2014 to allow it to draw start up power and extension of time for injection of infirm power upto 30.6.2015 or the actual date of commercial operation, whichever was later. The Commission while disposing of the said petition, vide order dated 12.2.2015 granted liberty to the petitioner to approach this Commission one month prior to the intended date of drawal of startup power and injection of infirm power.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.