NHPC LIMITED Vs. PUNJAB STATE POWER CORPORATION LTD. AND ORS.
LAWS(ET)-2015-6-4
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on June 17,2015

Nhpc Limited Appellant
VERSUS
Punjab State Power Corporation Ltd. And Ors. Respondents

JUDGEMENT

- (1.) THIS petition has been filed by the petitioner, NHPC for revision of tariff of Baira Siul Hydroelectric Power Station (3 x 60 MW) (hereinafter referred to as 'the generating station') for the period 2009 -14 in terms of Regulation 6(1) of the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 ("the 2009 Tariff Regulations") and for determination of tariff for the period 2014 -19 in terms of the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2014 ("the 2014 Tariff Regulations").
(2.) DURING the hearing of the petition on 13.10.2014, the respondent, BRPL raised preliminary objection as regards the clubbing of tariff petitions by the petitioner and submitted that the petitioner may be directed to file separate petitions, for truing -up of tariff for the period 2009 -14 and for determination of tariff for 2014 -19. The Commission after hearing the parties by interim order dated 12.11.2014 rejected the contentions of the respondent and held that the petition filed by the petitioner was maintainable. The relevant portion of the order is extracted as under: "17. In our view, clubbing of tariff petitions for truing -up for 2009 -14 along with the tariff petitions for 2014 -19 and disposing of the same through a single order would not only save time, but also bring about certainty in the recovery of cost by these generating stations of the petitioner and also safeguard the interest of consumers. In this background, the preliminary objections raised by the learned counsel for the respondent, BRPL as to the maintainability of these petitions stands rejected. Hence, we hold that the petitions filed by the petitioner in respect of the said generating stations are maintainable." Accordingly, the petition was heard on 28.11.2014 and the Commission, after directing the parties to complete the pleadings reserved orders in the petition. The respondent, BRPL has filed reply to the petition and the petitioner has filed its rejoinder to the same. Based on the submissions of the parties and the documents available on record, we proceed to revise the tariff for the period 2009 -14 based on truing -up exercise and also determine the tariff for the period 2014 -19 in respect of the generating station as stated in the subsequent paragraphs: Revision of annual fixed charges for 2009 -14
(3.) PETITION No. 90/2010 was filed by the petitioner for determination of tariff of the generating station for the period 2009 -14 and the Commission by its order dated 15.6.2011 had determined the annual fixed charges for the generating station. Subsequently, the annual fixed charges determined by order dated 15.6.2011 was revised by Commission's order dated 31.8.2012 in Review Petition No. 19/2011. Thereafter, the petitioner filed Petition No. 140/GT/2013 for revision of tariff for the period 2009 -14 in accordance with the proviso to Regulation 6(1) of the 2009 Tariff Regulations and the Commission by order dated 31.12.2013 considered the opening capital cost of Rs. 18199.26 lakh as on 1.4.2009 and revised the annual fixed charges of the generating station as under: ;


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