JABALPUR TRANSMISSION COMPANY LIMITED Vs. ADHUNIK POWER AND NATURAL RESOURCES LIMITED AND ORS.
LAWS(ET)-2015-10-15
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on October 16,2015

Jabalpur Transmission Company Limited Appellant
VERSUS
Adhunik Power And Natural Resources Limited And Ors. Respondents

JUDGEMENT

- (1.) THE petitioner, Jabalpur Transmission Company Limited, has filed the present petition under Sections 61, 63 and 79 of the Electricity Act, 2003 (the Act) read with the TSA provisions and regulatory power of this Commission, with the following prayers: "(a) Allow the Petition and declare that the event factors/events, namely, the non -grant of Forest Clearance and the delay in Section 164 Authorization that have occurred subsequent to the submission of the bid and award of the Project constitute Force Majeure as per the TSA. (b) Declare that the amendment to the Forest Guidelines by notification dated 13.02.2012 issued by MoEF is a Change in Law as per the TSA. (c) Grant a 12 month extension in the Scheduled Date of Commercial Operation of the Project to enable the Petitioner to implement the Project as per the TSA and waive any penalties or any other consequences thereof under the TSA. (d) Grant an increase of Rs. 80 crore in the levelized transmission charges to offset the additional cost incurred on account of the unforeseen and uncontrollable events that have occurred subsequent to the submission of the bid and award of the Project; (e) Pass any other order as this Hon'ble Commission may deem fit in the facts and circumstances of the present case." Background of the case:
(2.) JABALPUR Transmission Company Limited (JTCL) was incorporated on 8.9.2009 by PFC Consulting Ltd. (PFCCL) as its wholly owned subsidiary to develop and implement the Transmission System on Build, Own, Operate and Maintain basis for system strengthening common for Western and Northern Regions, comprising the following elements: (a) Dharamjaygarh -Jabalpur (DJ) pool 765 kV D/C transmission line (DJ line) (b) Jabalpur pool -Bina (JB) 765 kV Quad S/C transmission line (JB Line) Pfc Consulting Ltd. (PfcCL) was appointed as the Bid Process Coordinator by notification dated 1.7.2009 in accordance with "Tariff Based Competitive Bidding Guidelines for Transmission Service" issued by the Central Government on 17.4.2006. PfcCL initiated the competitive bidding process for selection of a successful bidder to build, own, operate and maintain the project and to provide transmission service to the Long term Transmission Customers (LTTCs). On the basis of the competitive bidding, Sterlite Transmission Projects Pvt. Ltd. (hereinafter "Sterlite") was selected as the successful bidder having quoted the levelised tariff of Rs. 1421.28 million per annum for a period of 35 years. The Letter of Intent was issued in favour of Sterlite on 19.1.2011. Sterlite acquired JTCL as its wholly owned subsidiary on 31.3.2011 in accordance with the stipulation in the Lol and RfP. JTCL and LTTCs had signed the Transmission Service Agreement on 1.12.2010 and after acquiring JTCL, Sterlite became a party to the TSA. The petitioner approached the Commission for grant of transmission licence in Petition No. 107/2011 and for adoption of tariff of the transmission system in Petition No. 109/2011. The Commission in its order dated 12.10.2011 in Petition No. 107/2011 adopted the transmission tariff of the transmission system of Rs. 1421.28 million per annum and in order dated 28.10.2011 in Petition No. 109/2011 granted transmission licence to the petitioner for undertaking inter -State transmission of electricity for 25 years. Submission of the petitioner:
(3.) THE petitioner has submitted that following unforeseen and uncontrollable events have taken place subsequent to the award of the project which have altered the commercial dynamics of the project and has rendered it commercially impracticable and unviable for the petitioner to implement the project: (a) Non -grant of forest clearance (b) Delay in grant of Section 164 authorization (A) Non -grant of Forest Clearance;


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