ESSAR POWER M.P. LTD. Vs. CENTRAL ELECTRICITY REGULATORY COMMISSION AND ORS.
TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
Essar Power M.P. Ltd.
Central Electricity Regulatory Commission And Ors.
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Ranjana P. Desai, J. (Chairperson) -
(1.) THE Appellant has challenged order dated 16/2/2015 passed by Respondent No. 1 - the Central Electricity Regulatory Commission ("the CERC") in Petition No. 92/MP/2014 which was filed under Section 79(1) of the Electricity Act, 2003 ("the said Act") and Regulations 32 of the CERC (Grant of Connectivity, Long -Term & Medium Term Open Access in Inter -State Transmission & Related matters) Regulations, 2009 ("the Connectivity Regulations").
(2.) FACTS of the case, as narrated by the Appellant, need to be stated in short. The Appellant signed a Power Purchase Agreement ("PPA") with Power Company of Karnataka Ltd. ("PCKL") on 21/3/2013 for sale of power of 210 MW from 1/8/2013 to 3/6/2015. The Appellant filed an application for Medium Term Open Access ("MTOA") on 27/6/2013 with Respondent No. 5 i.e. the Central Transmission Utility ("CTU") in accordance with the Connectivity Regulations. The Appellant's application was rejected by the CTU and this was communicated to the Appellant vide letter dated 8/8/2013. It appears that on behalf of Kerala State Electricity Board Limited ("KSEB"), Respondent No. 2("NVVN") and Respondent No. 3 ("PTC") had filed applications for MTOA. Their applications were rejected. Therefore, KSEB filed Petition No. 92/MP/2014 before the CERC challenging the denial of MTOA.
(3.) VIDE order dated 8/8/2014 the CERC declared that CTU has not acted in accordance with the Connectivity Regulations while granting MTOA to D.B. Power Ltd. ("DB Power"). The CERC further directed that the applications for MTOA made during the month of June, 2013 should be considered afresh within a week of the date of the order. The CERC directed that MTOA applications should be considered in accordance with the Connectivity Regulations and the Detailed Procedure. Relevant paragraph of the said order reads as under: - -
"57 We direct that CTU shall process the applications received in June 2013 including the application of the petitioner in accordance with the existing Connectivity Regulations & Detailed Procedure. The applicants for MTOA shall be provided with detailed justification of the decision on their application along with results of system study wherever required. This exercise should be completed within seven days from the date of this order.";
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