RAKESH NATH - (1.) This Review Petition has been filed by the Appellant, M/s. Guttaseema Wind Energy Company Private Limited against the judgment of this Tribunal dated 3.5.2011 passed in Appeal No. 194 of 2009. In this judgment, the Tribunal had decided certain issues relating to determination of tariff for wind energy projects and the State Commission was directed to re -determine the tariff for wind energy projects taking note of the findings of the Tribunal.
(2.) THE Review Petitioner/Appellant is aggrieved by the findings of the Tribunal regarding open access and third party sale, wherein the Tribunal, after noting the findings of the State Commission in the impugned order, had indicated that the provisions of relevant orders/regulations/codes issued by the State Commission would be applicable to wind energy projects also. Thus, the Tribunal did not accept the contention of the Appellant that the State Commission had not dealt with the issue of open access and third party sale.
(3.) HOWEVER , the learned counsel for the Review Petitioner/Appellant has pointed out the grounds raised and the pleadings made before the Tribunal regarding wheeling and transmission charges and banking arrangements in availing open access and stated that the Commission had never adverted to nor dealt with the suggestions and views expressed by the Petitioner before the Commission and this Tribunal also did not deal with the same. Learned counsel for the Review Petitioner submitted that the above issues are required to be dealt with by the State Commission in the light of the suggestions of the Review Petitioner and wind power policy of the Government of Andhra Pradesh.;