JUSTICE P.S.DATTA, J. - (1.) THE Punjab State Transmission Corporation Limited (PSTCL), an entity established under the Companies Act, 1956, with effect from 16th. of April,2010 following unbundling of the erstwhile Punjab State Electricity Board to carry out the function of intra state transmission of electricity within the State of Punjab has preferred this appeal being aggrieved by the order of the Punjab State Electricity Regulatory Commission, the respondent no.1 herein passed on 09th May,2011 in Petition No. 45 of 2010 whereby it determined the annual revenue Page 3 of 58 requirement and the transmission tariff and the SLDC charges of the appellant for the FY 2011 -12 and undertaking the review of the financials of the FY 2010 -11.
(2.) THE Punjab State Power Corporation Limited (PSPCL), also a successor entity of the erstwhile Punjab State Electricity Board following bifurcation of the said Board is the respondent no2, and it is the business of distribution that is being carried out by this entity. The Government of Punjab who is the last respondent, being no.7, and four other respondents are the non -contesting ones, while the Commission preferred to contest by furnishing a written note of arguments and the PSPCL filed a counter affidavit to counter some of the contentions of the appellants while conceding to some points raised by the appellant.
(3.) THE Punjab State Electricity Regulatory Commission (Terms and Conditions for Determination of Tariff) Regulations, 2005 was notified on 21.11.2005 and it was amended on 27th July, 2009, while the National Tariff Policy was notified under section 3 of the Electricity Act, 2003 on 06th January, 2006. It is necessary to remember that on 23rdApril, 2010 the State Commission passed a tariff order relating to generation, transmission and distribution business of the Punjab State Electricity Board (PSEB), while the PSPCL and the PSTCL came to be in existence with effect Page 4 of 58 from 16th of April, 2010.The PSTCL, the appellant herein is also carrying out the functions of SLDC.;