Decided on October 13,2015

Karnataka Power Transmission Corporation Limited And Ors. Respondents


- (1.) THE petitioner, Kerala State Electricity Board (KSEB) is a statutory body constituted under Section 5 of the Electricity Supply (Act), 1948 for coordinated development of electricity in the State of Kerala. It has been declared as the State Transmission Utility (STU) and transmission licensee by the Government of Kerala. The instant petition has been filed by KSEB for approval of the annual transmission charges of the transmission assets covered in the petition under the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 (hereinafter "2009 Tariff Regulations") in compliance of the Commission's order dated 14.3.2012 in Petition No. 15/SM/2012.
(2.) THE Commission vide order dated 14.3.2012 in Petition No. 15/SM/2012 gave the following directions: - "5. It has come to the notice of the Central Commission that the some of the owners/developers of the inter -State transmission lines of 132 kV and above in North Eastern Region and 220 kV and above in Northern, Eastern, Western and Southern regions as mentioned in the Annexure to this order have approached the Implementing Agency for including their transmission assets in computation of Point of Connection transmission charges and losses under the Central Electricity Regulatory Commission (Sharing of inter -State Transmission Charges and Losses) Regulations, 2010 (hereinafter "Sharing Regulations"). 6. As a first step towards inclusion of non -ISTS lines in the POC transmission charges, the Commission proposes to include the transmission lines connecting two States, for computation of POC transmission charges and losses. However, for the disbursement of transmission charges, tariff for such assets needs to be approved by the Commission in accordance with the provisions of Sharing Regulations. Accordingly, we direct the owners of these inter -State lines to file appropriate application before the Commission for determination of tariff for facilitating disbursement. 7. We direct the respondents to ensure that the tariff petition for determination of tariff is filed by the developers/owners of the transmission line or by State Transmission Utilities where the transmission lines are owned by them in accordance with the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009, by 20.4.2012." Four transmission lines of KSEB were identified as inter -State transmission lines, under order dated 14.3.2012 in Petition No. 15/SM/2012 and KSEB was directed to file tariff petition for the following four transmission lines for the purpose of inclusion in the POC charges, vide the above mentioned order.
(3.) THE petitioner has submitted that out of the four inter -State lines stated in para -3 above, the Edamon -Tirunelvelli 400 kV line (Kerala -Tamil Nadu) was commissioned on 1.7.2010 under ATS of Kudankulam APP and it was owned and operated by Power Grid Corporation of India limited (PGCIL) and the tariff petition for the same has been filed by PGCIL in Petition No. 183/TT/2011 for determination of tariff. Hence, this line does not pertain to inter -State lines of KSEB. The three other inter -State lines are owned by KSEB connect the State of Kerala to the states of Tamil Nadu and Karnataka. Therefore, these three inter -State transmission lines of KSEB have been identified for approval of transmission tariff and for inclusion in PoC charges.;

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