- (1.)THIS petition has been filed by the petitioner NTPC -Tamil Nadu Energy Company Ltd (NTECL) under Clause (7) of Regulation 8 of the Central Electricity Regulatory Commission (Grant of connectivity, Long -term Access and Medium -term Open access in inter -state transmission and related matters) Regulations, 2009 and Central Electricity Regulatory Commission (Unscheduled interchange charges and related matters) Regulations, 2012 with the following prayers:
(a) Allow the petitioner extension of injection of infirm power for testing including full load testing by the VTPP, Unit -I beyond 9.9.2012 (six months beyond initial synchronization upto COD of Unit -I; and

(b) Pass any other order as it may deem fit in the circumstances mentioned above.

The petitioner is a joint venture company of NTPC Ltd and TANGEDCO with 50% each shareholding and is incorporated under the Companies Act, 1956. The petitioner is setting up its first power project namely, Vallur Thermal Power Project (hereinafter referred to as 'project') at Vallur village, Ponneri Taluk, Thirvallur District in the State of Tamil Nadu with an approved capacity of 1500 MW (3 x 500 MW).

(2.)THE investment approval of the project was accorded by the Board of petitioner company at its 20th meeting held on 14.7.2007 in respect of Stage -I, Phase -I, (2 x 500 MW) and subsequently in respect of Stage -I, Phase -II (1 x 500 MW) in the 35th Board meeting held on 19.5.2009. In accordance with the capacity addition programme finalized by the Ministry of Power, Government of India, the commissioning of Unit -1 of the project was planned during the XIth plan period, to be commissioned during 2011 -12 (i.e. terminal year of 11th Five -year plan). In terms of this, Unit -I was synchronized on 9.3.2012 and achieved full load (commissioned) on 28.3.2012.
The petitioner has submitted that coal from Ennore port is transported through external Coal Handling Plant (CHP) to the project and part of the external CHP related to the project falls under North Chennai Thermal Power Station (NCTPS) area of TANGEDCO for which route clearance has been obtained by the petitioner. The petitioner has also submitted that external CHP work is being carried out by M/s FL Smidth Minerals Private Ltd for this project and M/s BHEL is carrying out internal CHP work for this project as well as for the areas of NCTPS. The petitioner has further submitted that though the contractors, M/s FL Smidth Minerals Private Ltd and M/s BHEL undertaking the external CHP and internal CHP had contemplated the completion of work within 6 months from the date of synchronization, there has been delays due to circumstances beyond the control of these executing agencies, mainly on account of disturbance by local people for works carried out by these executing agencies in NCTPS area including the theft of fabricated materials from time to time. It has also submitted that on 9.4.2012, one worker of M/s TRF (sub -agency of M/s BHEL) was murdered and total work of stacker reclaimer (internal CHP of the project) was stopped which resulted in de -mobilization of workers as they left the site after the incident. The petitioner has submitted that only by mobilization of workers after ensuring adequate protection, the work of stacker reclaimer was stated on 7.5.2012. In this background, the petitioner has filed this petition under Clause (7) of Regulation 8 of the Central Electricity Regulatory Commission (Grant of connectivity, Long -term Access and Medium -term Open access in inter -state transmission and related matters) Regulations, 2009 (hereinafter 'Connectivity Regulations') and Central Electricity Regulatory Commission (Unscheduled interchange charges and related matters) Regulations, 2012, seeking extension of time for testing including full load testing and consequent injection of infirm power in the grid at UI rates from the project beyond 9.9.2012 upto the date of commercial operation of Unit -I of the project.

(3.)AS stated, the petitioner has filed this petition in terms of Clause (7) of Regulation 8 of the Connectivity Regulations, amended on 21.3.2012, which provides as under:
(7) Notwithstanding anything contained in clause(6) of this regulation and any provision with regard to sale of infirm power in the PPA, a unit of a generating station, including a captive generating plant which has been granted connectivity to the grid shall be allowed to inject infirm power into the grid during testing including full load testing before its COD for a period not exceeding six months from the date of first synchronization after obtaining prior permission of the concerned Regional Load Despatch Centre:

Provided that the Commission may allow extension of the period of testing including full load testing, and consequent injection of infirm power by the unit, beyond six months, in exceptional circumstances on an application made by the generating company at least two months in advance of completion of six month period:

Provided further that the concerned Regional Load Despatch Centre while granting such permission shall keep the grid security in view:

Provided also that the onus of proving that the injection of infirm power from the unit(s) of the generating station is for the purpose of testing and commissioning shall lie with the generating company and the respective RLDC shall seek such information on each occasion of injection of power before COD. For this, the generator shall provide RLDC sufficient details of the specific testing and commissioning activity, its duration and intended injection etc.''

Provided also that the infirm power so injected shall be treated as Unscheduled Interchange of the unit(s) of the generating station and the generator shall be paid for such injection of infirm power in accordance with the provisions of the Central Electricity Regulatory Commission (Unscheduled Regulations, 2009, as amended from time to time.