NTPC LTD., NEW DELHI Vs. MADHYA PRADESH POWER TRADING CO. LTD., JABALPUR AND ORS.
LAWS(APTE)-2012-9-3
APPELLATE TRIBUNAL FOR ELECTRICITY
Decided on September 12,2012

Ntpc Ltd., New Delhi Appellant
VERSUS
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:
bWater (Prevention And Control Of Pollution) Act, 1974Central Electricity Regulatory Commission (Conduct Of Business) Regulations, 2009RG.9(2)RG.12Central Electricity Regulatory Commission (Payment Of Fees) Regulations, 2008RG.15 =1 cellspacing=0 cellpadding=0>

Unit -I



1.9.1988



Unit -II



1.1.1989



Unit -III



1.2.1990



Unit -IV



1.9.1990



Unit -V



1.4.1991



Unit -VI/Generating station



1.2.1992



(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.
After hearing the parties on 16.2.2010, the Commission reserved its orders on the petition. Subsequently, the petitioner, in terms of the directions contained in Commission's order dated 29.6.2010 in Petition No. 245/2009, filed amended petition vide affidavit dated 24.9.2010, taking into consideration the revised figures as per Commission's order dated 11.1.2010 in Petition No. 147/2009. Thereafter, the annual fixed charges of the generating station for the period 2004 -09 was revised by Commission's order dated 19.8.2011 in Petition No. 147/2009, after considering the directions contained in the judgment of the Appellate Tribunal for Electricity ('the Tribunal') dated 13.6.2007 in Appeal No. 217/2006 (NTPC -v -CERC & ors) and judgments dated 16.3.2009 and 1.9.2010 in Appeal Nos. 133, 135, 136 and 148/2008 and Appeal No. 58/2010 respectively, subject to the final outcome of the Civil Appeals (C.A. Nos. 5434/2007 to 5452/2007, 5622/2007 etc and C.A. Nos. 6286 to 6288/2009 and other connected appeals) filed by the Commission and pending before the Hon'ble Supreme Court. Subsequently, by Commission's order dated 16.1.2012 in Petition No. 147/2009, the annual fixed charges determined by order dated 19.8.2011 were revised in the light of the judgment of the Tribunal dated 26.9.2011 in Appeal No. 65/2010. The annual fixed charges approved by order dated 16.1.2012 is as under:

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(' in lakh)



 



2004 -05



2005 -06



2006 -07



2007 -08



2008 -09



Interest on loan



353.32



255.40



240.44



276.25



291.82



Interest on Working Capital



2777.98



2808.56



2843.32



2886.21



2919.45



Depreciation



5140.92



5148.18



5168.85



5200.87



5221.11



Advance Against Depreciation



0.00



0.00



0.00



0.00



0.00



Return on Equity



10221.14



10229.81



10254.47



10292.68



10316.83



O & M Expenses



13104.00



13633.20



14175.00



14742.00



15334.20



Total



31597.36



32075.16



32682.08



33398.00



34083.40



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



 



2009 -10



2010 -11



2011 -12



2012 -13



2013 -14



Depreciation



403



443



461



667



1584



Interest on Loan



282



235



206



212



288



Return on Equity



17330



17348



17356



17429



17687



Interest on Working Capital



5918



5996



6092



6173



6287



O&M Expenses



22932



24242



25628



27103



28652



Cost of secondary fuel oil



2132



2132



2138



2132



2132



Compensation Allowance



567



630



756



819



819



Special Allowance



0



0



0



0



0



Total



49564



51026



52637



54535



57449





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