Decided on April 06,2015

North Eastern Electric Power Corporation Ltd. Appellant
Assam Power Distribution Company Ltd. And Ors. Respondents


- (1.) THE present petition has been filed by the petitioner, NEEPCO for revision of annual fixed charges in respect of Assam Gas Based Power Project (291 MW) ('the generating station') for the period 2009 -14 based on actual additional capital expenditure incurred during the years 2009 -10, 2010 -11 and 2011 -12 and the revised projected capital expenditure for the years 2012 -13 and 2013 -14 in terms of the proviso to clause (1) of Regulation 6 of the Central Electricity Regulatory Commission (Terms and conditions of Tariff) Regulations, 2009 ('the 2009 Tariff Regulations').
(2.) ASSAM Gas Based Power Project (AGBPP) is a Combined Cycle Power generating station and comprises of six Gas Turbines each of 33.5 MW capacity and three Steam Turbine each of 30 MW capacity. The exhaust of each Gas Turbine is fed into a Waste Heat Recovery Boiler. The steam from two such boilers is used to run one Steam Turbine Generator set. Thus, there are three Combined Cycle Modules. The dates of commercial operation of the individual units of the generation station with corresponding unit capacities are as under:
(3.) THE tariff of the generating station for the period 2009 -14 was determined by the Commission vide order dated 6.9.2011 in Petition No. 295/2009 based on capital cost of Rs. 148103.44 lakh as on 1.4.2009. The annual fixed charges approved by the Commission vide order dated 6.9.2011 is as follows: Clause (1) of Regulation 6 of the 2009 Tariff Regulations empowers the Commission to carry out the exercise of truing up of the capital expenditure incurred during the tariff period and consequent revision of tariff during the next tariff period, that is, the tariff period 2014 -19. The proviso to clause (1) of Regulation 6 permits the generating company to file a petition for truing up of the capital expenditure incurred during the tariff period. Clause (1) of Regulation 6 so far as relevant is reproduced here under: "6. Truing up of Capital Expenditure and Tariff The Commission shall carry out truing up exercise along with the tariff petition filed for the next tariff period, with respect to the capital expenditure including additional capital expenditure incurred up to 31.3.2014, as admitted by the Commission after prudence check at the time of truing up. Provided that the generating company or the transmission licensee, as the case may be, may in its discretion make an application before the Commission one more time prior to 2013 -14 for revision of tariff." ;

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