Decided on February 03,2009



- (1.) THE petitioner, NTPC Limited has made this application for approval of revised fixed charges in respect of Talcher THErmal Power Station (460 MW) (hereinafter referred to as "the generating station") after accounting for the impact of additional capital expenditure incurred during 2004-05, 2005-06 and 2006-07, based on the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2004 (hereinafter referred to as "the 2004 regulations"). THE petitioner has made the following specific prayers: (i) Approve the revised fixed charges of this generating station after considering the impact of additional capital expenditure as per details given in Annexure-I. (ii) allow the servicing of the capital expenditure from the year the same is incurred. (iii) allow the petitioner to approach the Hon'ble Commission for another revision of fixed charges before 31.3.2009 and one revision after the end of tariff period i.e after 31.3.2009 (iv) approve recovery of filing fees of this petition from respondents (v) pass any other orders in this regard as the Hon'ble Commission may find appropriate in the circumstances pleaded above.
(2.) The generating station (which comprises four units of 60 MW capacity each and two units with capacity of 110 MW each) was transferred to the petitioner on 3.6.1995 in terms of the Talcher Thermal Power Station (Acquisition and Transfer) Act, 1994. The tariff for the generating station for the period ending 31.3.2004 was approved by the Commission vide its order dated 19.6.2002 in Petition No. 62/2000 which was partially modified vide Commission's order dated 5.11.2003. Subsequently, vide order dated 25.9.2006 in Petition No 35/2004, the Commission approved the additional capital expenditure of Rs. 26418 lakh on works for the period 1.4.2000 to 31.3.2004 and arrived at the capital base of Rs. 69601 lakh as on 31.3.2004, for the purpose of determination of tariff from 1.4.2004. The respondent herein filed Review Petition No. 6/2007 against the said order dated 25.9.2006 and the Commission by its order dated 4.3.2008 revised the annual fixed charges for the period 2001-04, based on recomputation of the interest on loan component. The Commission by its order dated 23.3.2007 in Petition No. 91/2004 approved the tariff for the generating station for the period from 1.4.2004 to 31.3.2009, based on admitted cost of Rs. 69601 lakh as under: JUDGEMENT_398_TLET0_20090.htm
(3.) THE petitioner filed Review Petition No. 72/2007 against the order dated 23.3.2007 and the Commission by its order dated 5.9.2008 disposed of the review petition as under: 23. THE revision of tariff of the generating station for the period 2004-09 is separately under consideration of the Commission in Petition 91/2004, based on additional capitalization for the period 2004-09. While re-calculating tariff in that petition, depreciation rate @ 4.5% and adjustment of cumulative depreciation as allowed at paras 13 and 19 above, shall be considered.;

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