POWER GRID CORPORATION OF INDIA LIMITED Vs. NORTH BIHAR POWER DISTRIBUTION COMPANY LIMITED AND ORS.
LAWS(ET)-2015-4-13
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on April 15,2015

POWER GRID CORPORATION OF INDIA LIMITED Appellant
VERSUS
North Bihar Power Distribution Company Limited And Ors. Respondents

JUDGEMENT

- (1.) THE petitioner, Power Grid Corporation of India Limited (PGCIL) has sought approval for transmission tariff for Shifting of 50 MVAR Line Reactor from Rengali to Baripada end under "Transmission System associated with Teesta (Stage -V) HEP" (hereinafter referred to as "transmission asset") in Eastern Region from 1.3.2014 to 31.3.2014 as well as 1.4.2014 to 31.3.2019. The petitioner has also prayed for grant of tariff as per Regulation 5 of the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 (hereinafter referred to as "the 2009 Tariff Regulations"), pending determination of final tariff.
(2.) THE tariff for the instant transmission asset was initially claimed in Petition No. 299/2010 along with the other assets associated with the Transmission System Associated with Teesta (Stage -V) HEP. The assets were scheduled to be commissioned on 1.1.2009. As there was considerable delay in commissioning of the instant asset, the Commission in Petition No. 299/2010 allowed the tariff for all the other assets covered in the petition, except the instant asset and directed the petitioner to file a separate petition in respect of the instant asset once it is commissioned. The transmission asset has been commissioned after a time over -run of 62 months on 1.3.2014.
(3.) THE instant petition was heard on 20.1.2015. The representative of the petitioner submitted that the asset was commissioned on 1.3.2014 and tariff for one month is claimed under the 2009 Tariff Regulations. He submitted that the 2009 Tariff Regulations provides for filing a combined petition for truing up of the tariff allowed in the 2009 -14 tariff period and tariff for the 2014 -19 tariff period. Accordingly, the present petition may be considered as a truing up petition and tariff for both 2009 -14 and 2014 -19 tariff periods may be allowed. The petitioner further submitted that separate tariff forms have been submitted for the 2009 -14 and 2014 -19 tariff periods. We have considered the submissions made by the petitioner. If the present petition is considered as a petition under the 2009 Tariff Regulations, the petitioner would be required to file a truing up petition after grant of final tariff in the instant petition. Grant of final tariff is likely to take some time and this would delay the filing of petition Under Regulation 6 of the 2009 Tariff Regulations. Further, this would lead to filing of multiple petitions. Hence, we are inclined to consider the instant petition as truing up petition for 2009 -14 period to avoid duplication of petitions and the consequent delay. As regards the petitioner's prayer for grant of provisional tariff under Regulation 5 of the 2009 Tariff Regulations, we would like to clarify that we are inclined to presently grant tariff for the instant asset for the 2014 -19 tariff period in terms of proviso (i) of Regulation 7(7) of the 2014 Tariff Regulations for inclusion in the PoC charges for the period 2014 -15 and 2015 -16 on the basis of the capital cost as on 1.3.2014. Transmission tariff for the instant transmission asset for March, 2014 shall be allowed as per the 2009 Tariff Regulations along with the final tariff for 2014 -19 tariff period.;


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