- (1.) PETITION No. 245/2009 was filed by the petitioner, NTPC, for approval of tariff for Kahalgaon Super Thermal Power Station, Stage -I (840 MW) (hereinafter referred to as "the generating station") for the period from 1.4.2009 to 31.3.2014, based on the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 (hereinafter referred to as "the 2009 Tariff Regulations"). The Commission by its order dated 23.5.2012 determined the tariff of the generating station as under: Aggrieved by the said order, the petitioner has filed this review petition seeking review of the order dated 23.5.2012 on the following issues, namely: (a) Disallowance of capital expenditure on installation of condenser on load tube cleaning system; (b) Non -consideration of exclusion of de -capitalization corresponding to 10th Wagon in 2008 -09.
(2.) THE matter was heard on 25.9.2012 on 'admission'. During the hearing, the learned counsel for the petitioner did not press for the issue relating to the disallowance of capital expenditure on installation of condenser on load tube cleaning system as listed at clause (a) in para 2 above. As regards the issue raised in clause (b) above, the learned counsel for the petitioner submitted that the error apparent on the face of the order may be corrected and tariff of the generating station may accordingly be revised. Reply to the petition has been filed by the respondent no. 1 (UPPCL). In accordance with Rule 1 Order 47 of the Code of Civil Procedure (CPC), a person aggrieved by an order may apply for a review under the following circumstances: (a) On discovery of new and important matter or evidence which after exercise of due diligence was not within his knowledge or could not be produced by him at a time when the order was made; (b) An error apparent on the face of the record; (c) For any other sufficient reason.
(3.) WE have heard the learned counsel for the petitioner and examined the documents available on record. We now proceed to consider the issues raised by the petitioner, as discussed in subsequent paragraphs. Non -consideration of exclusion of de -capitalization corresponding to 10th Wagon in 2008 -09;