- (1.) THE applicant, Torrent Energy Limited has made this application under Section 14(a) of the Electricity Act, 2003 (hereinafter to be referred to as "the Act") read with clause (c) of Regulation 6 of the Central Electricity regulatory Commission (Terms and Conditions for Grant of Transmission Licence) Regulations, 2009 (the transmission licence regulations) for grant of transmission licence for establishing, commissioning, operating and maintaining the DGEN -Navsari Transmission System. The facts leading to the filing of the petition is that the applicant is executing 1196.85 MW (3x398.95 MW) gas based generating plant in the Dahej Special Economic Zone (DSEZ) area (hereinafter referred to as "DGEN"). The petitioner applied for grant of connectivity on 13.8.2010 and long term access on 14.12.2010 in accordance with 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"). For long term access, the applicant had identified the beneficiaries as (i) 400 MW or Torrent Power Limited, Ahmadabad and others; (b) 400 MW for Western Region and (iii) 400 MW for Northern Region. The applications of the applicant were considered in the 13th Meeting of the Western Region Constituents Committee held on 27.12.2010. Based on the system studies carried out by CTU, the following transmission system was evolved for transfer of power from the generating station of the applicant: (a) TEL (DGEN) TPS -Navsari 400 kV D/C (Triple/Quad) (b) TEL (DGEN) TPS -Vadodara 400 kV D/C (c) Augmentation of transmission capacity of 400/220 kV S/s at Navsari with 1x500 MVA ICT. (d) 220 kV Navsari (PG) -Valthan/suitable location near Valthan D/c Out of the above, TEL (DGEN) TPS -Navsari 400 kV D/C (Triple/Quad) was identified as the connectivity line and the balance system was agreed as the system strengthening for effecting the LTA. In terms of Regulation 8(8) of the Connectivity Regulations, thermal generating station of 500 MW and above other than a captive generating plant shall not be required to construct a dedicated transmission line to the point of connection and such line shall be taken into account for coordinated transmission planning by Central Transmission Utility and Central Electricity Authority. PGCIL informed that in case it undertook the construction of the line, the time required for commissioning would be as per the Commission's timeline plus 9 months towards pre -investment activities from the date of signing of the Transmission Service Agreement and furnishing of Bank Guarantee. As the date of connectivity sought was October 2012 which was less than the required time for construction, PGCIL expressed its inability to take up implementation of the project. The applicant offered to take up the implementation of the transmission system for connectivity and requested that the transmission system be considered as part of the coordinated planning of CEA and CTU. After deliberation, connectivity was granted subject to the development of the transmission system consisting of the following: (a) TEL (DGEN) -Navsari 400 kV D/C (Triple/Quad) (b) 1x125 MVAR 420 kV bus reactor at DGN switchyard (c) 400 kV line bays -2 Nos. at DGEN switchyard and 2 nos. at Navsari substation. PGCIL vide letter dated 7.2.2011 has also granted connectivity to the generating station. For connectivity, the following transmission system, hereinafter known as "DGEN -Navsari Transmission System" has been approved: (a) 400 kV DGEN -Navasari D/C transmission line with Triple Snow Bird conductor, and (b) 420 kV, 125 MVAR Bus Reactor (One) at DGEN Switchyard, and (c) 400 kV Line Bays (Two) at DGEN Switchyard and Extension of 400 kV GIS Bays (Two) at Navsari (PGCIL) sub -station. In the 14th meeting of the WR constituents regarding Connectivity and Open Access Application held on 13.5.2011, the applicant was granted long term access for transfer of 1200 MW power (WR -400 MW, NR -400 MW and TPL Ahmedabad & others -400 MW) from its generating station, for which the applicant was required to sign the Bulk Power Transfer Agreement (BPTA) with PGCIL for sharing of WR regional transmission charges corresponding to 1200 MW, NR transmission charges corresponding to 400 MW and other applicable charges. Accordingly, PGCIL has granted to the applicant the long -term access to the inter -State transmission system for a total capacity of 1200 MW by letter dated 5.8.2011.
(2.) PGCIL filed petition No. 116/2011 before this Commission seeking approval of the Commission for deviation from Regulation 8(8) of the Connectivity Regulations as PGCIL was not in a position to construct the dedicated transmission lines (including the connectivity line of DGEN) due to paucity of time. The applicant in its reply had submitted that in case the connectivity line of DGEN is constructed by the applicant, it should be considered as a part of the coordinated transmission planning and its costs should be made part of the Western Regional pool charges. The Commission in its order dated 19.12.2011 clarified that Regulation 8(8) of Connectivity Regulations did not prevent the generating stations to construct their dedicated transmission lines if so required by the CTU. As regards the request of the applicant, it was clarified that "the dedicated transmission lines which form part of the coordinated transmission planning but are developed by the generators themselves shall qualify for inclusion under the basic network only after a transmission licence is obtained in accordance with the Transmission Licence Regulations". In the above background, the applicant has filed the application for transmission licence for the transmission system being executed by it as per the scope of work for connectivity mentioned in para 2 above under Regulation 6(c) of the Transmission Licence Regulations. The applicant has submitted that power transmitted through the proposed transmission system would be meant for the inter State beneficiaries for which this Commission is the appropriate Commission to grant the transmission licence. The applicant has submitted that it has carried out route survey, placed the work orders and has already taken steps to develop and establish of the DGEN -Navasari transmission line as a dedicated transmission line whose completion is to coincide with the commissioning of DGEN. The applicant has submitted that it has been granted approval under Sections 68 and 164 of the Act by Ministry of Power for construction of the DGEN -Navasari transmission line.
(3.) THE applicant has made the application in the prescribed format in accordance with the Transmission Licence Regulations. The applicant has served the copy of its application on the respondents and submitted proof of service. The applicant has filed a copy of the application with the CTU in compliance with the requirements of section 15(3) of the Act and Regulation 7(6) of the Transmission Licence Regulations. The applicant has posted the copy of the application on its website as required under Regulation 7(5) of the Transmission Licence Regulations. The applicant has published public notices under sub -section (2) of Section 15 of the Act in the newspapers (all dated 9.4.2012) (a) Sandesh in Gujarati (Ahmedabad and Vadodra Editions, (b) Damanganga Times in Gujarati (Vapi Edition), (c) Indian Express in English (Ahmedabad and Vadodra Editions), (d) Hari Bhoomi in Hindi (Jabalpur Edition) and (e) Times of India in English (MP Edition). The petitioner has submitted that it has the experience of executing the transmission line as a JV partner in Torrent Powergrid, a licensee of his Commission. The applicant is stated to have already commenced the work for the DGN -Navsari System on the date of the application. The applicant has submitted that it possesses and can arrange for the requisite experience and strength to implement the project as per time schedule efficiently, effectively and in a cost effective manner.;