Decided on October 05,2015

Udupi Power Corporation Limited Appellant
Karnataka Power Transmission Corporation Ltd. And Ors. Respondents


- (1.) THE petitioner, Udupi Power Corporation Limited, has set up a 1200 MW (2X600 MW) Mega Power Project (hereinafter "project") based on the imported coal in Udupi District in the State of Karnataka. The capacity of the generating station was originally envisaged as 1015 MW which was subsequently enhanced to 1200 MW having two units of 600 MW each. Generation of power from the first unit and second unit started on 11.11.2010 and on 19.8.2012 respectively.
(2.) THE petitioner entered into PPA on 26.12.2005 with the distribution companies in the State of Karnataka namely, Bangalore Electricity Supply Company Limited, Mangalore Electricity Supply Company Limited, Gulbarga Electricity Supply Company Limited, Hubli Electricity Supply Company Limited and Chamundeshwari Electricity Supply Corporation Limited (herein after referred to as 'Karnataka ESCOMs') for supply of 90% of 1015 MW capacity. The petitioner also entered into PPA dated 29.9.2006 with PSPCL for supply of 10% of 1015 MW capacity. After augmentation of capacity from 1015 MW to 1200 MW, 90% of the augmented capacity of 185 MW was tied up with Karnataka ESCOM. The petitioner offered 10% of augmented capacity i.e. 18.5 MW to PSPCL vide its letter dated 25.3.2010. The petitioner vide its letter dated 19.5.2014 informed PSPCL that the petitioner has made other arrangements for the sale of the untied capacity of 18.5 MW to PSPCL. The petitioner has submitted that pursuant to the augmentation of the capacity of the plant to 1200 MW and after considering the existing PPAs for 1015 MW and Government of Karnataka's condition to supply 90% of the enhanced capacity to the ESCOMs, the petitioner is left with 18.5 MW at its disposal. However, the petitioner is presently supplying the entire capacity of 1200 MW to the ESCOMs of Karnataka.
(3.) THE petitioner has submitted that Kerala State Electricity Board Limited (KSEBL), Respondent No. 5, invited tenders on 31.1.2014 for supply of short term power for one year to the grid. Since, the petitioner was having untied power of 18.5 MW, the petitioner participated in the tendering process. The petitioner was declared as the successful bidder and was issued LoI on 20.3.2014. In terms of the LoI, the petitioner furnished the Contract Performance Guarantee of Rs. 6.66 crore and entered into a PPA with KSEBL on 9.4.2014 for supply of 18.5 MW power.;

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