P.S.DATTA,J. - (1.) THE Power Grid Corporation of India Ltd., a Government Company that discharges the function of Central Transmission Utility amongst other functions under the provisions of the Electricity Act,2003 has preferred this appeal being aggrieved with the order dated 19.08.2011 passed by the Central Electricity Regulatory Commission whereby it determined Transmission Tariff in respect of certain transmission project by reckoning the period of execution of the project from 31.05.2005 which was the date of approval of the project by the Board of Directors of the appellant in stead of considering the scheduled commissioning within a period of 36 months from the dated of first letter of award which was 23.08.2006.
(2.) THE project was undertaken in respect of the following; a) LILO on one circuit of Madurai - Trichy 400 Kv D/C line along with 1x80 MVAR Line Reactor at Karaikudi S/S b) 400/220 kv, 2x315 MVA Auto Transformers and Down stream system with associated bays and equipments at Karaikudi S/S. c) LILO of one circuit of existing Talaguppa ( KPTCL) - Neelamangala (KPTCL) 400 kv D/C line at Hassan along with 1x80 MVAR Line Reactor at Hassan. d) 400 /220kv,2x315 MVA Transformers and Down stream system with associated bays and equipments at Hassan S/S
(3.) THE project was scheduled to be commissioned within a period of 36 months from the date of first letter of award which was 23.08.2006 and accordingly the scheduled date of completion was 22.08.2009 and the date of commercial operation came to be 1.09.2009. In respect of the first two items the appellant filed a petition on 9.03.2010 for determination of tariff being petition no. 72 of 2010 which was decided by the Central Commission by an order dated 1.06.2011 against which an appeal being appeal no. 104 of 2001 was filed by the appellant which has been disposed of by a Bench of this Tribunal on 12.01.2012. The present appeal relates to the last two items. According to the appellant by a notification dated 31.05 2010 the item no. c) was declared under commercial operation with effect from 1.06.2010 and item no. d) was declared under commercial operation on 1.07.2010 .The delay in commissioning 5 of the asset was an account of delay in the readiness of the 220 kV downstream line of respondent no. 2 namely Kanataka Power Transmission Corporation Limited (KPTCL).;