M P POORV KSHETRA VIDYUT VITRAN Vs. MADHYA PRADESH ELECTRICITY
LAWS(ET)-2011-11-5
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on November 04,2011

M P Poorv Kshetra Vidyut Vitran Appellant
VERSUS
Madhya Pradesh Electricity Respondents

JUDGEMENT

M.KARPAGA VINAYAGAM, CHAIRPERSON, J. - (1.) TRUE up order dated 13.4.2010 for the year 2007 -08 is the subject matter of this Appeal filed by the Appellants.
(2.) THE Appellants 1 to 3, the Distribution Companies filed their respective applications before the Madhya Pradesh State Commission for true up of aggregate revenue requirements for the financial year 2007 -08 based on the audited accounts. The State Commission by the common order dated 13.4.2010 disposed of all the three applications filed by the Appellants for truing up of the annual revenue requirements for the tariff year 2007 -08. Since the finding of the State Commission was against the Appellants in respect of some of the issues, the Appellants have filed this Appeal as against those findings relating to those issues.
(3.) FACTS are as follows: - i) The Appellants 1 to 3 are the Distribution Companies in the State of Madhya Pradesh. It has undertaken the functions of distribution and retail supply of electricity in the East, Central and West areas respectively in the State of Madhya Pradesh. The Appellants have been vested with the functions of distribution and retail supply of electricity in the State of Madhya Pradesh pursuant to the re -organisation of the erstwhile State Electricity Board. The Appellants succeeded to the distribution functions and assets of erstwhile State Electricity Board effective from 1.6.2005 in pursuant to the statutory transfer scheme. ii) On 03.6.2006, Government of Madhya Pradesh effected the transfer and vesting rights of the functions, properties, interests, rights and obligations of the State Electricity Board relating to the bulk purchase and bulk supply of the electricity in the State and re -transferred and re -vested the same to the MP Power Trading Company. Since then MP Power Trading Company has been discharging the responsibilities of procurement of power in bulk and supplying to the 3 Distribution companies, namely the Appellants. iii) On 10.11.2006 Madhya Pradesh State Commission framed a Regulation -2006 relating to the determinations of tariff for Distribution and Retail supply of electricity and methods and principles for fixation of charges. Based on the above Regulation, the State Commission by order dated 30.3.2007 determined the aggregate revenue requirements and applicable tariff of the Appellants for the period from 1.4.2007 to 30.3.2008 based on the estimates, projections and details then available. iv) After closure of the financial year 2007 -08, the Appellants through their respective applications sought for truing up Page 3 of 15 of the amount of correct revenue requirements for the financial year 2007 -08 based on the audited accounts on 31.10.2009. The State Commission, after holding a public hearing on those applications passed a common order dated 13.4.2010 deciding all the three applications filed by the Appellants for truing up annual revenue requirements for the tariff year 2007 -08. v) Aggrieved by the order of 13.4.2010 passed by the State Commission on some of the issues, the Appellants have filed this Appeal. In this Appeal following issues have been raised for consideration: - a) Energy sales and additional hours of supply of power to agricultural consumers. b) Disallowance of power purchase cost. c) Adjustment of loss level and power purchase. d) Operation and maintenance expenditure e) Interest and finance charges f) Depreciation g) Interest on working capital ;


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