GADARWARA (B) TRANSMISSION LIMITED Vs. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED (MSEDCL) AND ORS.
LAWS(ET)-2015-7-1
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on July 10,2015

Gadarwara (B) Transmission Limited Appellant
VERSUS
Maharashtra State Electricity Distribution Company Limited (Msedcl) And Ors. Respondents

JUDGEMENT

- (1.) THE petitioner, Gadarwara (B) Transmission Limited, has filed the present petition for grant of transmission licence under Section 14 read with Section 15 (1) of the Electricity Act, 2003 (hereinafter referred to as "the Act") to establish "Transmission System associated with Gadarwara STPS (2X800 MW) of NTPC (Part -B)" (hereinafter referred to as "Transmission System") on Build, Own, Operate and Maintain (BOOM) basis comprising the following element:
(2.) BASED on the competitive bidding carried out by REC Transmission Projects Company Limited (hereinafter referred to as RECTPCL) in accordance with the Guidelines issued by Ministry of Power, Govt. of India under Section 63 of the Act, M/s. Power Grid Corporation of India Limited emerged as the selected bidder with the lowest levelized transmission charges of Rs. 2567.26 million/annum. The Commission after considering the application of the petitioner in the light of the provisions of the Electricity Act, 2003 and Central Electricity Regulatory Commission (Procedure, Terms and Conditions for grant of Transmission Licence and other related matters) Regulations, 2009 (hereinafter referred to as "the Transmission Licence Regulations") prima facie proposed to grant licence to the petitioner. Relevant para of our order dated 17.6.2015 is extracted as under: "18. We have considered the submissions of the petitioner and BPC and perused documents on record. As per para 12.1 of the Guidelines as amended from time to time, finally selected bidder shall make an application for grant of transmission licence within ten days of selection. PGCIL has been selected on the basis of the tariff based competitive bidding as per the Guidelines issued by Government of India, Ministry of Power. LoI has been issued to PGCIL by the BPC and PGCIL has acquired 100% stake in the Gadarwara (B) Transmission Limited which has been transferred to the petitioner on 24.4.2015 after execution of Share Purchase Agreement. Thus, the petitioner has complied with the requirements of RfP and Transmission Service Agreement. CTU has also recommended grant of transmission licence to the petitioner. Considering the material on record, we are prima facie of the view that the petitioner satisfies the conditions for grant of inter -State transmission licence under Section 15 of the Act read with Transmission Licence Regulations for construction, operation and maintenance of the transmission system as described in para 1 of this order. We, therefore, direct that a public notice under clause (a) of sub -section (5) of Section 15 of the Act be published to invite suggestions or objections to grant of transmission licence aforesaid. The objections or suggestions, if any, be filed by any person before the Commission by 7.7.2015."
(3.) A public notice under Section 15 (5) of the Act was published on 26.6.2015 in all editions of Hindustan Times and Dainik Bhaskar (Hindi). No suggestions/objections have been received from the members of the public in response to the public notice.;


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