LAWS(APTE)-2012-9-3

NTPC LTD., NEW DELHI Vs. MADHYA PRADESH POWER TRADING CO. LTD., JABALPUR AND ORS.

Decided On September 12, 2012
Ntpc Ltd., New Delhi Appellant
V/S
Madhya Pradesh Power Trading Co. Ltd., Jabalpur And Ors. Respondents

JUDGEMENT

(1.) THIS petition has been filed by the petitioner, NTPC Ltd, for approval of tariff for Vindhyachal STPS, Stage -I (1260 MW) hereinafter referred to as the "generating station") for the period from 1.4.2009 to 31.3.2014 based on the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 (hereinafter referred as "the 2009 Tariff Regulations"). The generating station with a capacity of 1260 MW comprises of six units of 210 MW each. The dates of commercial operation of different units of the generating station are as under:

(2.) THE tariff of the generating station for the period from 1.4.2004 to 31.3.2009 was determined by the Commission by its order dated 29.6.2006 in Petition No. 128/2004, based on the capital cost of Rs.145908.54 lakh as on 1.4.2004, including FERV of Rs.91.92 lakh for the period 2001 -04. Subsequently, by order dated 3.2.2009 in Petition No. 25/2008, the Commission revised the annual fixed charges after considering the additional capital expenditure incurred during the period 2004 -05, 2005 -06 and 2006 -07. By order dated 11.1.2010 in Petition No. 147/2009, the Commission again revised the annual fixed charges after considering the additional capital expenditure incurred during the period 2007 -08 and 2008 -09 and after allowing additional FERV amounting to Rs.44.56 lakh on normative basis for the period 2001 -04 based on the capital cost of Rs.146929.43 lakh as on 31.3.2007.

(3.) THE annual fixed charges claimed by the petitioner for the period 2009 -14 are as under: