- (1.)THE petitioner, Parbati Koldam Transmission Company Ltd. has filed this petition seeking following reliefs:
(a) Invoke the provisions of Sections 62 and 79(1)(c) and (d) of Electricity Act, 2003 read with Regulation 3(12)(c) of Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 and Regulation 24 of Central Electricity Regulatory Commission (Conduct of Business) Regulations 1999 for approval of date of commercial operation as July 2014.

(b) Allow the petitioner to approach the Commission to file a petition under Sections 62 and 79(1)(c) & (d) of the Electricity Act, 2003 read with Regulation 86 of CERC (Conduct of Business) Regulations, 1999 and CERC (Terms and Conditions of Tariff) Regulations, 2009 for determination of Transmission Tariff.

(c) Provide the guidance with regard to the tariff that the petitioner intends to charge transmission tariff for utilization of Parbati -II assets for evacuation of power from Parbati -III HEP.

(d) And pass such other relief as Hon'ble Commission deems fit and appropriate under the circumstances of the case and in the interest of justice.

The issues raised in the present petition concern evacuation of power from three Hydroelectric Projects, namely Parbati -II Hydroelectric Project (Parbati -II HEP) being established by NHPC Ltd, Parbati -III Hydroelectric Project (Parbati -III HEP) and Koldam Hydroelectric Project (Koldam HEP) being established by NTPC Ltd. in Kullu District of State of Himachal Pradesh. The construction of the transmission systems associated with three HEPs was approved in 14th Meeting of Standing Committee on Transmission System Planning of Northern Region held on 30.12.2002. The transmission system associated with Parbati -III HEP is being constructed by Power Grid Corporation of India Ltd (PGCIL). The common 400 kV transmission system associated with Parbati -II HEP and Koldam HEP was planned at 16th Meeting of Standing Committee on Transmission System Planning of Northern Region held on 24.3.2004.

(2.)THE petitioner proposed to construct the 400 kV transmission system associated with Parbati -II HEP and Koldam HEP and accordingly made an application before this Commission for grant of transmission licence which was granted on 15.9.2008 for construction, operation and maintenance of the following transmission lines:
At the 26th Meeting of the Standing Committee on Power System Planning of Northern Region held on 23.10.2008 it was inter alia decided that the date of commercial operation of 400 kV D/C Koldam -Ludhiana transmission line should be nine months after the commissioning of Koldam HEP but not later than commissioning of Parbati -II HEP. For finalizing the date of commercial operation of Koldam -Ludhiana line, NTPC was called upon to inform the realistic scheduled date for commissioning of Koldam HEP and in case NTPC confirmed March 2011 as the commissioning date, the date of commercial operation of Koldam -Ludhiana transmission line could be December 2011, without any need for indemnification by NTPC. It was also decided that NHPC would inform the petitioner of the possible date of commissioning of Parbati -II HEP. On 18.12.2008, NHPC signed Indemnification Agreement with the petitioner with commissioning date of Parbati -II HEP as December, 2011, with a right to review the date by 31.3.2009. A supplementary Indemnification Agreement was signed on 15.6.2009 with the revised date of commissioning of Parbati -II HEP as 31.12.2012.

(3.)IT has been submitted that after the signing of the Indemnification Agreement with NHPC, the petitioner started working for commissioning of the transmission system with 31.12.2012 as the target date. The petitioner claims to have taken various steps to ensure timely construction of the transmission system; these steps included execution of the Bulk Power Transmission Agreements with the beneficiaries in Northern Region, obtaining forest clearances in the States of Himachal Pradesh and Punjab, obtaining clearances under Sections 68 and 164 of the Electricity Act, arranging of finances/loans amounting to Rs. 1101.69 crore through PFC and REC and issuance of the Letters of Awards for various packages. The petitioner has submitted that the engineering activities such as design of towers, foundation designs, designs of strengthening and type testing of towers and majority of line materials were completed by the time of filing of the petition. The petitioner has further submitted that the tower contractors were mobilized at site and construction of 80 foundations was completed for which the contractors were paid initial advances to the tune of Rs. 28 crore. The petitioner has claimed to have made a total investment of approximately of an amount of Rs. 83 crore till 31.3.2011 Thus, according to the petitioner, site activities were in full swing to meet the schedule of commissioning.