RAKESH NATH,J. - (1.) APPEAL No. 86 of 2006 has been filed by Grid Corporation of Orissa Ltd. ('GRIDCO') against the order dated 19.6.2002 passed by the Central Electricity Regulatory Commission ('Central Commission') determining the tariff of Talcher Thermal Power Station for the period from FY 2000 -01 to FY 2003 -04. Appeal no. 87 of 2007 has been filed by the NTPC Ltd. against the same order as modified by the Central Commission by its orders dated 1.4.2003, 25.9.2003 and 5.11.2003.
(2.) APPEAL no. 227 of 2006 has been filed by GRIDCO against the summary order dated 28.7.2006 in Petition no. 35 of 2004 filed by NTPC for approval of revised fixed charges for the period FY 2000 -01 to FY 2003 -04 Page 4 of 69 Appeal Nos. 86, 87, 227 of 2006 & 14 of 2009 due to additional capitalization towards Renovation & Modernization works executed during the above period at Talcher Thermal Power Station. Subsequently, the Central Commission filed a detailed order dated 25.9.2006.
(3.) APPEAL no. 14 of 2009 has been filed by NTPC against the order dated 4.3.2008 of the Central Commission in the Review Petition filed by GRIDCO against the order dated 25.9.2006 regarding the additional capitalization for Renovation and Modernization works carried out at Talcher Thermal Power Station of NTPC. The brief facts of the cases are as under: 4.1. On 8.3.1995 a Tripartite Power Purchase Agreement ('PPA') was signed between NTPC Ltd., the Government of Orissa and Orissa State Electricity Page 5 of 69 Appeal Nos. 86, 87, 227 of 2006 & 14 of 2009 Board envisaging transfer of Talcher Thermal Power Station of 460 MW capacity and specifying the terms and conditions for generation and sale of electricity by NTPC to the Orissa State Electricity Board. The Power Station was taken over by NTPC with effect from 3.6.1995. GRIDCO is one of the successor entities of the State Electricity Board which purchases power from Talcher Thermal Power Station. 4.2. NTPC made investments on the renovation and modernization of the Power Station to bring the station to operate at the optimum capacity and improve its operating parameters and performance. 4.3. The Central Commission was constituted on 24.7.1998 under the Electricity Regulatory Commissions Act, 1998. Subsequently, NTPC on 31.7.2000 filed a petition being no. 62 of 2000 before Page 6 of 69 Appeal Nos. 86, 87, 227 of 2006 & 14 of 2009 the Central Commission for determination of tariff of Talcher Thermal Power Station for the period from 1.4.2000 to 31.3.2004. 4.4. On 26.3.2001, the Central Commission notified its Tariff Regulations of 2001 specifying the terms and conditions of tariff for the period from 1.4.2001 to 31.3.2004. 4.5. The Central Commission decided the tariff for Talcher TPS for the period from 1.4.2000 to 31.3.2004 by its order dated 19.6.2002. 4.6. NTPC filed a Review Petition against the order dated 19.6.2002 before the Central Commission and at the same time filed an appeal before the Delhi High Court. GRIDCO also filed a Review Petition against this order and simultaneously filed an appeal in the High Court of Orissa. Page 7 of 69 Appeal Nos. 86, 87, 227 of 2006 & 14 of 2009 4.7. By order dated 1.4.2003, the Central Commission decided to hear the Review Petition filed by NTPC and GRIDCO on some of the issues. On 25.9.2003 the Central Commission passed an order deciding I.A. no. 30 of 2003 filed by the NTPC in respect of relatable fixed charges for Units under Renovation & Modernization payable by GRIDCO to NTPC. On 5.11.2003 the Central Commission passed the order on the matters which were reserved for consideration by the Central Commission vide order dated 1.4.2003. 4.8. On 6.4.2004 NTPC filed Petition no. 35 of 2004 before the Central Commission for approval of the revised fixed charges for the period from 2000 -01 to 2003 -04 due to additional capitalization incurred by the NTPC during the said period. Page 8 of 69 Appeal Nos. 86, 87, 227 of 2006 & 14 of 2009 4.9. On 19.7.2004 the Hon'ble Supreme Court passed an order in the prayer of NTPC directing transfer of the Appeal filed by GRIDCO in the High Court of Orissa to Delhi High Court. Subsequently, on 23.2.2006 the Delhi High Court directed the transfer of the Appeals to this Tribunal, now numbered as 86 of 2006 and 87 of 2006. 4.10. On 28.7.2006 the Central Commission in the Petition no. 35 of 2004 filed by NTPC for additional capitalization passed a summary order. GRIDCO filed an appeal (no. 227 of 2006) before the Tribunal challenging the summary order dated 28.7.2006. Subsequently, the Central Commission passed a detailed order dated 25.9.2006. 4.11. GRIDCO also filed a Review Petition before the Central Commission on 21.6.2007 against the Page 9 of 69 Appeal Nos. 86, 87, 227 of 2006 & 14 of 2009 order dated 25.9.2006 raising a number of issues including the interest of 14% on the normative loans decided by the Central Commission. 4.12. On 4.3.2008 the Central Commission passed an order in the Review Petition filed by GRIDCO directing revision on the interest on notional loan from 14% as decided earlier to the weighted average rate of actual loan. 4.13. Aggrieved by the order dated 4.3.2008 NTPC has filed the Appeal no. 14 of 2009.;