MAINTENANCE OF GRID DISCIPLINE COMPLIANCE OF PROVISIONS OF THE INDIAN ELECTRICITY GRID CODE Vs. UTTAR PRADESH POWER CORPORATION LIMITED AND SHRI AWANISH AWASTHI FORMER MD UTTAR PRADESH POWER CORPORATION LIMITED
LAWS(ET)-2009-2-1
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on February 13,2009

Appellant
VERSUS
Respondents

JUDGEMENT

- (1.) NORTHERN Regional Load Despatch Centre (NRLDC) brought to the notice of the Commission certain specific instances of over-drawl by the first respondent at frequency below 49.0 Hz. A notice dated 27.11.2008 under Section 142 of the Electricity Act, 2003 (the Act) was issued to the first respondent directing it to explain over-drawls on 13.10.2008 and 14.10.2008 at frequency below 49.0 Hz, as this was in violation of provisions of para 5.4.2 of the Indian Electricity Grid Code (IEGC).
(2.) A notice under Section 149 of the Act was also issued to the second respondent, who was in-charge and person responsible for the conduct of business of the first respondent. The second respondent in the common reply dated 8.12.2008 rendered an unconditional apology for non-compliance of the orders and directions of the Commission, which he termed as "unintentional". At the hearing held on 16.12.2008 it was conceded on behalf of the respondents that there had been defaults, especially on 13.10.2008 and 14.10.2008. It was brought out that remedial measures taken subsequently had resulted in tremendous improvement from 19.11.2008 onwards.
(3.) AFTER consideration of the reply filed by the second respondent, the Commission concluded that the offence of non-compliance of the provisions of the IEGC against the first respondent was established. The Commission further held that by applying the deeming provisions of Section 149, the second respondent was also guilty of non-compliance of provisions of the IEGC, along with the first respondent. Accordingly, by order dated 9.1.2009, a penalty of Rs. one lakh was imposed on the first respondent for overdrawing electricity from the regional grid on 13.10.2008 and 14.10.2008 at frequency below 49.0 Hz, in violation of the provisions of the IEGC. The first respondent has since deposited the amount of penalty.;


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