POWER GRID CORPORATION OF INDIA LIMITED Vs. RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LIMITED AND ORS.
LAWS(ET)-2015-6-10
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on June 10,2015

POWER GRID CORPORATION OF INDIA LIMITED Appellant
VERSUS
Rajasthan Rajya Vidyut Prasaran Nigam Limited and Ors. Respondents

JUDGEMENT

- (1.) THE petition has been filed by Power Grid Corporation of India Limited (PGCIL) seeking approval of the transmission charges for Asset -1: 2 Nos. 400 kV line bays along with 2 Nos. 80 MVAR switchable line reactors at 400 kV Siliguri Substation and Asset -2: 2 Nos. 400 kV line bays at Bongaigaon Sub -station (hereinafter referred to as "transmission asset") under Transmission Schemes for enabling import of NER/ER surplus power by NR in Eastern Region, for the period from 1.2.2013 to 31.3.2014, based on the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 (hereinafter referred to as "the 2009 Tariff Regulations"). The petitioner had prayed for approval of provisional tariff as per clause (4) of Regulation 5 of the 2009 Tariff Regulations.
(2.) THE Investment Approval (IA) for the project was accorded by the Board of Directors of the petitioner vide Memorandum No. C/CP/Import of NER/ER surplus power by NR dated 19.9.2011 at an estimated cost of for Rs. 8042 lakh, including IDC of Rs. 317 lakh (based on 2nd Quarter, 2011 price level). The transmission project was scheduled to be commissioned within 18 months from the date of IA and accordingly the scheduled commissioning of the project works out to 18.3.2013 i.e. 1.4.2013. The petitioner vide affidavit dated 2.9.2013 has submitted that Asset -1 and Asset -2 were commissioned on 1.4.2013 and 1.6.2013 respectively. The provisional tariff was granted for the transmission assets vide order dated 21.9.2012 under Regulation 5(4) of the 2009 Tariff Regulations subject to adjustment as provided under Regulation 5(3) of the 2009 Tariff Regulations.
(3.) THE petitioner vide affidavit dated 12.2.2014 has submitted that the transmission assets were made ready for its intended use but due to delay in commissioning of the Siliguri -Bongaigaon 400 kV D/C transmission line, the petitioner is not able to provide the transmission service for the reasons not attributable to petitioner, its suppliers or contractors. The petitioner has submitted that these transmission assets qualify for approval of the date of commercial operation prior to the elements coming into regular service under Regulation 3(12)(c) of the 2009 Tariff Regulations. The petitioner has requested to invoke the provisions of Regulation 3(12)(c) of the 2009 Tariff Regulations and provision of Regulation 24 of Conduct of Business Regulations, 1999 for approval of the date of commercial operation of the instant assets as 1.4.2013 and 1.6.2013.;


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