HINDUSTAN ELECTRICITY GENERATION COMPANY PVT. LIMITED Vs. POWER GRID CORPORATION OF INDIA LIMITED AND ORS.
LAWS(ET)-2015-8-13
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on August 24,2015

Hindustan Electricity Generation Company Pvt. Limited Appellant
VERSUS
Power Grid Corporation Of India Limited And Ors. Respondents

JUDGEMENT

- (1.) THE petitioner, Hindustan Electricity Generation Company Private Limited (HEGCPL) has filed the present petition under Section 79(1)(f) of the Electricity Act, 2003 read with the Central Electricity Regulatory Commission (Grant of Connectivity, Long Term Access and Medium term open access and related matters) Regulations, 2009 (hereinafter "Connectivity Regulations") seeking directions to Power Grid Corporation of India Ltd.(hereinafter the "CTU") and Oriental Bank of India to stay the encashment/revocation of the bank guarantee of the petitioner in view of the alleged frustration and impossibility of the purpose of the contract and for ex -parte and interim order for staying the operation and effect of the letter dated 22.4.2014 issued by PGCIL. Facts of the case:
(2.) THE petitioner is a developer of 2500 MW combined cycle power plant at village Navlakh Umbre, Yalegaon, Pune, Maharashtra. The petitioner applied for grant of connectivity on 13.1.2010 for an installed capacity of 2500 MW with the commissioning schedule progressively from April, 2012 to July, 2013. CTU carried out the system studies of the power system and decided the connectivity transmission system for evacuation of power from the generating station of the petitioner and circulated the same in the agenda for connectivity/long term access vide its letter dated 12.3.2010. On 15.12.2010, the petitioner applied for long term access to CTU in accordance with the Connectivity Regulations for 1500 MW capacity from its proposed power plant with three target regions (Western Region -375 MW, Northern Region -375 MW, Eastern Region -750 MW) to be effective from December, 2014. The application was accompanied by a bank guarantee of Rs. 1.5 crore with validity for one year from 15.12.2010 in addition to the application fee of Rs. 9 lakh. The petitioner vide its application dated 28.2.2011 applied for another LTA for 1000 MW and furnished a Bank Guarantee of Rs. 1 crore effective from 27.2.2012. The petitioner vide its letter dated 28.2.2011 requested for revision of connectivity from 2500 MW to 2100 MW.
(3.) CTU carried out the system studies and evolved the transmission system for connectivity as well as transmission system strengthening for LTA and circulated the agenda vide letter dated 4.4.2011 for discussion in the meeting of Western Region Constituents. In the 14th meeting of Western Region Constituents regarding connectivity/open access application held on 13.5.2011, the petitioner's applications for grant of connectivity and long term open access were considered. In the said meeting, the petitioner informed that it was reviewing the target beneficiaries/quantum of power in the LTA and requested CTU to put on hold its application for the time being and agreed to come back to CTU at the earliest.;


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