JAWAHAR SHETKARI SAHAKARI SAKHAR KARKHANA LTD Vs. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED
LAWS(ET)-2014-11-7
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on November 11,2014

Jawahar Shetkari Sahakari Sakhar Karkhana Ltd Appellant
VERSUS
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED Respondents

JUDGEMENT

- (1.) Jawahar Shetkari Sahakari Sakhar Karkhana Ltd. (JSSSKL) Hupari, Dist. Kolhapur has filed a Petition on 6 June, 2014 under Sections 61(h), 62, 86(1) (a, b & e), 86(4) of the Electricity Act, 2003 and Regulation 93 & 95 of MERC (Conduct of Business) Regulations, 2004 for fixation of tariff for its non -fossil fuel based cogeneration project completing the tenure of 13 years of EPA with the Distribution Licensee.
(2.) The prayers of JSSSKL are as follows: "We M/s. Jawahar Shetkari Sahakari Sakhar Karkhana Ltd., the petitioner, pray the Hon'ble Commission to kindly consider our case with above background. We have successfully executed the EPA with MSEDCL, and completed the tenure of 13 Years of EPA with the MSEDCL, for supply of power in future and are in process of renewal of EPA for supply of power to MSEDCL. We pray the Hon'ble Commission to issue appropriate orders for renewal of such EPA, with the preferential tariff made applicable for our projects with renewed EPA. We M/s. Jawahar Shetkari Sahakari Sakhar Karkhana Ltd., the petitioner, hence pray to the Hon'ble Commission to kindly consider our case with above background and issue appropriate order for renewal of our EPA, with the preferential tariff made applicable for our project with renewed EPA."
(3.) The facts as stated in the Petition are as follows: 3.1. JSSSKL is a co -operative sugar factory with operational 9000 TCD capacity sugar plant and 27 MW bagasse based co -generation power plant at Hupari Dist - Kolhapur. 3.2. JSSSKL has an Energy Purchase Agreement (EPA) dated 5 October, 2002 with erstwhile MSEB for 13 years and supplying 12 MW power to MSEDCL (erstwhile MSEB). 3.3. The EPA with MSEDCL for supply of power is due for expiry on 22 November, 2014. JSSSKL approached MSEDCL for renewal of EPA on 27 February, 2014. MSEDCL vide its letter dated 12 March, 2014 replied JSSSKL to approach the Commission for determination of tariff after expiry of tenure of EPA. ;


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