POWER GRID CORPORATION OF INDIA LTD., GURGAON Vs. BIHAR STATE ELECTRICITY BOARD, PATNA

JUDGEMENT

(1.) THE petition has been filed by Power Grid Corporation of India Limited (PGCIL) under Regulations 24 and 111 of Central Electricity Regulatory Commission (Conduct of Business) Regulations, 1999 seeking amendment in Regulation 3 of the Central Electricity Regulatory Commission (Procedure for making of application for determination of tariff, publication of the application and other related matters) Regulations, 2004 (hereinafter referred to as "2004 regulations") so that the complexities in procedure for making of application for determination of tariff, publication of the application arising due to enforcement of Central Electricity Regulatory Commission (Sharing of inter -State Transmission charges and Losses) Regulations, 2010 (hereinafter referred to as "2010 sharing regulations") may be avoided. As per section 64(2) of the Electricity Act, 2003 every applicant shall publish the application in such form and manner as may be specified by the appropriate Commission. The Commission has specified Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 (hereinafter referred to as "2009 regulations"). As per clause (1) of Regulation 5 of the 2009 regulations, the petitioner is required to make an application for determination of tariff in accordance with the 2004 regulations. Regulation 3 of the 2004 regulations provides as under: -

(2.) THE petitioner has submitted that in accordance with Regulation 3 of the 2004 regulations it has been serving a copy of the application seeking transmission tariff on each of the regional beneficiaries and publishing a notice of the application in at least two daily newspapers having circulation in each of the State/UT where the beneficiaries are situated. As per the 2010 sharing regulations, the transmission charges are now computed under the POC and all designated ISTS customers in the country are its beneficiaries. It is now required to serve copies of the petition on all DICs and publish notices in newspapers all over the country whenever it approaches the Commission for determination of tariff for any transmission asset. It has submitted that there is 6 to 8 fold increase in number of beneficiaries and nearly 5 to 6 times increase in number of States for publishing the notices. It has substantially increased the cost of publication of notices in the newspapers and serving voluminous tariff petitions on the DICs. The whole process of making of tariff application has become complex, environmentally challenging and costlier.

(3.) UPPCL in its reply, vide affidavit dated 5.11.2011, has objected to the respondent's request for amendment of Regulation 3 of 2004 regulations as the petition has to be authenticated by an affidavit under oath, which may not be possible in case of a soft copy. It has been stated that the soft copy of the petition and other submission are to be signed digitally but the documents bearing digitalized signature are devoid of legal validity. The petitioner in its rejoinder to reply of UPPCL has submitted that under Information Technology Act, electronic documents including electronic signature are legal.