- (1.)IN Petition No. 171/2009 filed by the petitioner, NLC for fixation of tariff for Circulating Fluidized Bed Combustion (CFBC) Technology based Barsingsar Thermal Power Plant (2 x 125 MW) ('the generating station') for the period from 2009 -14, the Commission by its order dated 20.6.2011 disposed of the same as under:
Accordingly, this petition is disposed of with a direction that the petitioner is at liberty to approach the Commission with a fresh petition for approval of tariff for the generating station in accordance with the provisions of the 2009 regulations, taking into account the revised capital expenditure on account rescheduling of the units of the generating station, which would be considered in accordance with law. We also direct that the petition shall be posted in the web -site of the petitioner and copy be served on the respondents/objectors, who are at liberty to file their reply/objections thereafter.

Units I and II of the generating station were commissioned on 20.1.2012 and 29.12.2011 respectively. Hence, in terms of the liberty granted by Commission's order dated 20.6.2011, the petitioner has filed this petition for fixation of tariff for Unit -II of the generating station for the period from 29.12.2011 to 19.1.2012 and Units I & II for the period from 20.1.2012 to 31.3.2014, in accordance with the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 (hereinafter referred to as "the 2009 Tariff Regulations").

(2.)THE petitioner vide its letter dated 26.6.2012 has prayed for the grant of provisional tariff for the generating station till the final tariff is determined.
Clauses (1) and (2) of Regulation 5 of the 2009 regulations provides as under:

5. Application for determination of tariff. (1) The generating company or the transmission licensee, as the case may be, may make an application for determination of tariff in accordance with Central Electricity Regulatory Commission (Procedure for making of application for determination of tariff, publication of the application and other related matters) Regulations, 2004, as amended from time to time or any statutory re -enactment thereof, in respect of the units of the generating station or the transmission lines or sub -stations of the transmission system, completed or projected to be completed within six months from the date of application.

(2) The generating company or the transmission licensee, as the case may be, shall make an application as per Appendix I to these regulations, for determination of tariff based on capital expenditure incurred duly certified by the auditors or projected to be incurred up to the date of commercial operation and additional capital expenditure incurred duly certified by the auditors or projected to be incurred during the tariff period of the generating station or the transmission system:

Provided that in case of an existing project, the application shall be based on admitted capital cost including any additional capitalization already admitted up to 31.3.2009 and estimated additional capital expenditure for the respective years of the tariff period 2009 -14:

Provided further that application shall contain details of underlying assumptions for projected capital cost and additional capital expenditure, where applicable.

(3.)THE petitioner has filed this petition in compliance with Clauses (1) and (2) of Regulation 5 of the 2009 Tariff Regulations. The petitioner has also published the notice in the newspapers as regards the filing of tariff petition and has served copies of the petition on the beneficiaries, in line with Regulation 3(6) 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 ('the Procedure Regulations'). Reply to the petition has been filed by the respondents. In addition to this, separate comments on the petition have been filed by Shri Shanti Prasad and Shri G.L. Sharma, Consumers from Jaipur. The petitioner has filed its rejoinder to the replies filed by the respondents and its response to the comments filed by the above said consumers.