P .S.DATA,J - (1.) The Appeal No. 169 of 2009 and Appeal No. 127 of 2009 are being disposed of by this common judgment and order as they raise identical question of law.
(2.) THE Appeal No. 169 of 2009 is preferred by the Power Grid Corporation of India Limited, an Interstate Transmission Utility against the order dated 9.6.2009 passed by the Central Electricity Regulatory Commission (for short, Commission) in Petition No.102 of 2007.
(3.) THE facts are as follows: During the period from 1.4.2006 to 31.3.2007 the operation of Talcher -Kolar HVDC system was under planned shut down as per the Annual Maintenance Plan which was approved by all the beneficiaries, who are the other Respondents herein, in their 407th and 408th meetings of the Operation Coordination Committee of the Southern Region Power Committee (SRPC) held on 9.5.2006 and 9.6.2006 respectively. The planned shut down of the transmission system for a specific period for one pole of the bi -pole was to be considered as not available for the purpose of achievement of target availability under the CERC (Terms and conditions for the determination of tariff) Regulations 2004. The said Tariff Regulations 2004 prescribed normative availability for HVDC system at 95% and for the AC system at 98%.;