RAKESH NATH - (1.) WHETHER a new transmission line charged from one end by the transmission licensee without the switchgear, protection system and metering arrangement at the other end not in the scope of works of the transmission licensee being ready and without flow of power on the line could be declared as commissioned for the purpose of raising the transmission charges on the beneficiaries? The above question that has been posed in this Appeal is required to be answered by us.
(2.) PUNJAB State Power Corporation Ltd., the successor in interest of Punjab State Electricity Board is the Appellant. Power Grid Corporation of India ("POWERGRID"), a transmission licensee, is the Respondent no.1. The power utilities of Northern Region Page No.4 of 24 and the beneficiaries of 400 kV Barh-Balia double circuit transmission line constructed by POWERGRID are the Respondents 2 to 17. The Central Electricity Regulatory Commission ("Central Commission") is the Respondent no.18. The Appellant has challenged the impugned order dated 29.04.2011 of the Central Commission declaring the Date of Commercial Operation ("COD") of 400 kV Barh-Balia double circuit transmission line of POWERGRID w.e.f. 01.07.2010.
(3.) THE brief background of the case is as under:- 4.1. National Thermal Power Corporation ("NTPC") was constructing a Super Thermal Power Station at Barh in the State of Bihar. For evacuation of power from Stage I of Barh STPS comprising 3 units of 660 MW each, associated transmission system comprising sub-stations, transmission lines, etc., including 400 kV Barh-Balia Page No.5 of 24 double circuit line was taken up by POWERGRID. Construction of Balia Sub-station and the transmission line was under the scope of POWERGRID but the construction of Barh Sub-station and the switchgear of the line at Barh end was under the scope of NTPC. 4.2 Barh STPS Stage I of NTPC got delayed for some reason. However, POWERGRID completed the works of 400 kV Barh-Balia double circuit line and charged the line from Balia end on 30.06.2010 without the switchgear and metering and protection arrangements being ready at Barh end and declared the line as having achieved the Commercial Operation w.e.f. 01.07.2010. 4.3 On 01.10.2010, the Respondent no.1 filed a petition for determination of tariff for Barh-Balia transmission line even though the line was practically idle and unutilized because of pending works at Barh Sub-station of NTPC. The petition was heard on 25.01.2011. However, according to the Appellant till then they were not aware Page No.6 of 24 that the line was idle and no power was flowing through the line. 4.4 Subsequently when it came to the notice of the Appellant that line was idle and not loaded, they filed objections before the Central Commission by way of affidavits on 04.03.2011, 15.03.2011 and 07.04.2011. 4.5 The Central Commission by its order passed on 29.04.2011 decided the tariff for Barh-Balia line w.e.f. 01.07.2010 to be paid by the Appellant and other beneficiaries. Aggrieved by the order dated 29.04.2011, the Appellant has filed this Appeal.;