- (1.) Maharashtra State Electricity Distribution Company Limited (MSEDCL) has filed a Petition on 7 April, 2014 under Sections 14, 23, 43 and 86(1)(k) of the Electricity Act (EA), 2003 and Regulation 100 of the MERC (Multi Year Tariff (MYT)) Regulations, 2011 seeking approval to supply power to consumers in MIHAN Special Economic Zone (SEZ) area at Commission -approved rates. MSEDCL's prayers are as follows:
(2.) " a. To admit the Petition as per the provisions of the Section 86(1)(k) read along with 14, 23 and 43 of the Electricity Act 2003 and Regulation 100 of MERC (MYT) Regulations 2011; b. To allow the Petitioner to supply the power to consumers in MIHAN area at the rates and as per terms and conditions of tariff already approved for MSEDCL by Hon'ble Commission; c. To allow the Petitioner to supply power to consumers in MIHAN area through the network of MADC and AMNEPL; d. To pass necessary directives to AMNEPL and / or MADC to enable the petitioner for supply of electricity to consumers in MIHAN area. e. To grant any other relief as the Hon'ble Commission may deem fit; f. To Pass any other order as the Hon'ble Commission may deem fit and appropriate under circumstances of the case and in the interest of justice; g. Condone any error / omission and to give opportunity to rectify the same; h. Permit the Petitioner to make further submissions, addition and alteration to this Petition as may be necessary from time to time."
(3.) In its Petition, MSEDCL has submitted as follows: a. MSEDCL is a Company constituted under Government of Maharashtra (GoM) Resolution dated 25th January 2005 and is registered with the Registrar of Companies, Mumbai on 31st May 2005. MSEDCL is functioning in accordance with the provisions of the EA, 2003 and is engaged in the business of distribution of electricity to its consumers situated in the entire State of Maharashtra, except Mumbai City and its suburbs (excluding Mulund and Bhandup). b. Maharashtra Airport Development Company (MADC) is a Company incorporated under the Companies Act, 1956. It has been constituted in 2002 by GoM as the nodal agency for the planning and implementation of the Multi Modal International Hub Airport at Nagpur (MIHAN) for region along with a Multi -Product SEZ. As the developer for MIHAN SEZ, MADC has to provide the infrastructure, including power, to the consumers in the MIHAN Area. c. International competitive bidding was undertaken in FY 2006 -07, and a consortium of Abhijeet Infrastructure Ltd. and Jayaswal Neco Ltd. was awarded the project for a 2x50 MW coal based Captive Power Plant (CPP), with a provision to enhance the capacity up to 200 MW (4x50 MW). The bidder also has to operate and maintain the 33 kV sub -stations and distribution network developed by MADC for the concession period on BOT Basis. d. As a SEZ developer, MADC has been accorded the status of Deemed Distribution Licensee vide Government of India (GoI) Notification dated 3 March 2010. e. M/s Tata Consultancy Services Ltd. (TCS) has applied to MSEDCL for electricity supply connections in the MIHAN SEZ area. On an application by the owner or occupier of any premises, MSEDCL is mandated to supply power within one month from its receipt under Section 43 of the EA, 2003 (Universal Service Obligation). Therefore, to comply with the said obligation, MSEDCL is bound to supply the power to the consumer. f. As per the provisions of the EA, 2003, MSEDCL is a Deemed Distribution Licensee for the entire State of Maharashtra. Thus, MSEDCL is authorized to supply power to consumers in the MIHAN area as well. MSEDCL submits that it will supply electricity to such consumers strictly as per the terms and conditions of the Tariff approved by the Commission. g. MSEDCL has a limited network in and around the MIHAN area, and intends to use the networks of MADC and Abhijeet MIHAN Nagpur Energy Pvt. Ltd. (AMNEPL) [the joint venture power project] for electricity supply to consumers in that area. In order to use their networks, MSEDCL requires No Objection Certificates (NOCs) from both MADC and AMNEPL. Vide Letter dated 29th March 2014, MADC has indicated its concurrence h. for use of its network and conveyed its 'No Objection' for use of MADC's 33 kV infrastructure for supply to the applicant, TCS. i. Vide letter dated 18 February, 2014, MSEDCL also requested AMNEPL for a NOC for use of its 220 kV/33 kV network. However, no reply has been received. Therefore MSEDCL is requesting the Commission to direct MADC to obtain a NOC from AMNEPL or, in the alternative, direct AMNEPL to allow MSEDCL to use its infrastructure for supply of electricity to consumers in the MIHAN Area. j. MSEDCL further requests the Commission to pass necessary directives to AMNEPL and/or MADC so as to enable it to supply electricity to TCS and other consumers in the MIHAN Area on application for connection for power supply from MSEDCL. The Commission may also direct MADC to facilitate and coordinate such supply of electricity. ;