Decided on September 07,2015

R.K.M. Powergen Pvt. Ltd. Appellant
Western Regional Load Despatch Centre Respondents


- (1.) THIS petition has been filed by the petitioner, R.K.M. Powergen Pvt. Ltd. under Clause (7) of Regulation 8 of the Central Electricity Regulatory Commission (Grant of connectivity, Long -term Access and Medium -term Open access in inter -State transmission and related matters) Regulations, 2009 as amended from time to time (Connectivity Regulations) and Central Electricity Regulatory Commission (Deviation Settlement Mechanism) Regulations, 2014 with the following prayers: "(a) Condone the delay in filing the present petition; (b) Extend the time period for achieving Commercial operation date and injection of infirm power into the grid by six months with effect from 31.8.2015; (c) extend the time period for drawal of start -up power by the Petitioner by six months with effect from 31.8.2015; and (d) Pass such other order(s), as this Hon'ble Commission may deem fit and proper in the facts and circumstances of the present case."
(2.) LEARNED counsel for the petitioner submitted that the petitioner has set up one unit of 4x360 MW thermal power project ("unit") at Village Uchpinda, P.O. Dhurkut, Janjgir Champa District, in the State of Chhattisgarh. The unit was synchronized with the gird on 28.2.2015 and upon synchronization, the petitioner commenced injection of infirm power into the grid. Western Regional Load Despatch Centre vide its email dated 18.8.2015 informed the petitioner that the period of six months for achieving COD would expire on 31.8.2015 whereafter, no infirm injection into the grid shall be allowed after 31.8.2015. Learned counsel submitted that unit was synchronized with oil firing with grid on 28.2.2015 but due to reasons beyond the control of the petitioner, the COD of the unit could not be achieved within the stipulated time due to non -availability of the coal from SECL. Learned counsel submitted that the petitioner is earnestly pursuing coal allocation with SECL and the issue of allocation of coal is expected to be resolved shortly.
(3.) LEARNED counsel submitted that the petitioner is facing the risk of cessation of start -up power in terms of clause 6.4 of the Detailed Procedure approved under Connectivity Regulations. Learned counsel submitted that the operation of the petitioner would be gravely affected if the supply of startup power is to be terminated after 31.8.2015.;

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