- (1.)THE petitioner, Neyveli Lignite Corporation Limited has filed this petition seeking directions regarding injection of infirm power and drawal of power for the commissioning activities under UI mechanism till declaration of the commercial operation of NLC TPS II Expansion. The petitioner has submitted that unit 1 of NLC TPS -II Expansion project was synchronized with the grid with oil firing system on 18.5.2011 and lignite firing on 27.6.2011. However, due to numerous teething problems, there is delay in declaration of the date of commercial operation, resulting in prolonged injection of infirm power. The petitioner has submitted that as per the Central Electricity Regulatory Commission(Grant of Connectivity, Long Term Access and Medium Term Access in inter -State Transmission and related matters) Regulations, 2009 (hereinafter referred to as "Connectivity Regulations"), injection of infirm power can be made into the grid with the prior permission of the Regional Load Despatch Centre. Subsequent to the Second Amendment to the Connectivity Regulations which came into effect from 21.3.2012, a time limit of six months has been stipulated for injection of infirm power. The petitioner has submitted that Southern Regional Load Despatch Centre has allowed injection of infirm power till 30.4.2012. Under the circumstances, the petitioner has filed the present petition for permission to inject infirm power into the grid and draw the start -up power till the commercial operation date of the generating station. Accordingly, the petitioner has made the following main prayers:
b) To maintain status quo in the injection of infirm power from NLC, TPS -II Expansion till declaration of COD or 2.10.2012 whichever is earlier;

(c) To maintain status quo in drawing power under UI mechanism for the commissioning activities of NLC -TPS -II Expansion up to the date of commercial operation.

(2.)TAMIL Nadu Generation and Distribution Corporation Ltd. (TANGEDCO) in its reply filed vide affidavit dated 20.4.2012 has submitted that the petitioner had informed during the 11th meeting of the Southern Regional Power Committee (SRPC), that the first unit of TPS II Expansion would be commissioned by July, 2010 and second unit by January 2011. Subsequently, in the 12th meeting of SRPC, the Petitioner intimated the revised schedule of commissioning as August 2010 and February 2011, respectively. However, the petitioner has now stated in the petition that the generating station was synchronized on 18.5.2011 and is facing numerous problems, leading to delay in declaration of the commercial operation date. TANGEDCO has submitted that in accordance with the second amendment of the Connectivity Regulations, the UI mechanism for injection of infirm power should not be extended beyond six months i.e. 18.11.2011
The petition was heard on 26.4.2012 and was admitted. During the hearing, the representative of the petitioner submitted that the SRPC in its letter dated 16.3.2012 has allowed drawl of power for commissioning activities under UI mechanism till 30.4.2012 and advised the petitioner to make alternative arrangements thereafter for drawl of commissioning power. The representative of the petitioner submitted that NLC TPS II Expansion be allowed to draw commissioning power from the grid till the Commercial Operation Date. Since UI is not a mechanism to draw power for testing during commissioning, the petitioner was directed to make arrangement through some form of access to meet its requirement of start -up power during commissioning. We had further directed the petitioner to file details of activities to be undertaken and the time required for completion of these activities with a firm commitment for the date of commercial operation of the units of NLC TPS II Expansion.

(3.)THE petitioner in its reply vide affidavit dated 10.5.2012 has enumerated the activities required to be undertaken before declaration of the commercial operation of units of the generating station. In the said affidavit, it has been indicated that the commercial operation would be declared on 30.9.2012. It has been further submitted that the petitioner was taking necessary steps for making alternative arrangements for availing start up power supply for NLC -TPSII Expansion, as per observations of the Commission. Member Secretary, SRPC in its reply dated 25.5.2012 has submitted that the Petitioner in its letter dated 10.8.2010 had requested SRLDC to grant permission to avail start up power from September 2010 for 400 kV ISTS grid through back charging of generator transformer, in accordance with clause 6 of the approved procedure under Connectivity Regulations, at the applicable UI rate. SRLDC vide their letter dated 27.8.2010 had granted permission to the petitioner for availing start up power for commissioning activities of TPS -II Expansion Unit -I on UI basis from SR grid. However, considering the communication received from some of the Southern Regional entities, the matter was listed for discussion during the Commercial Committee Meeting held on 29.9.2010. The Committee after detailed deliberations decided in the light of clause 6.2 of the detailed procedure under Connectivity Regulations to allow drawl of start -up power for commissioning activities of NLC TPS -II Expansion. Subsequently, the petitioner asked for extending the permission to avail start up power drawl on UI basis till commercial operation of the generating station. The issue was deliberated in the 18th Meeting of the SRPC held on 23.12.2011 and it was agreed to allow drawl of the commissioning power under UI mechanism till end of April 2012 and alterative arrangement for drawl of commissioning power should be made by the petitioner in case of requirement continued beyond 30th April, 2012. SRPC has further submitted that NLC TPS II Expansion was drawing commissioning power under UI mechanism for more than 11/2 years. Therefore, there should be some time limit for such drawl of infirm power. It has been further submitted that suitable clause for allowing drawl of power for commissioning activities under UI mechanism with certain time limit may be incorporated for enabling implementation and effective compliance of the provisions by the generating stations.