- (1.) Maharashtra State Electricity Distribution Co. Ltd. (MSEDCL) has filed a Petition on 7 August, 2014 for waiver of Delayed Payment Charges (DPC) on the Transmission Charges payable to the State Transmission Utility (STU) approved in Order dated 13 May, 2014 in Case 56 of 2013.
(2.) MSEDCL's prayers are as follows: " a. To admit the Petition as per the provisions of the Section 86(1)(f) of the Electricity Act, 2003 and Regulation 100 of MERC (MYT) Regulations, 2011; b. To waive off surcharge claimed by STU for delay in payment of revised transmission charges by MSEDCL for FY 2012 -13, 2013 -14 and thereafter; c. To provide relief to MSEDCL on payment of any surcharge on delayed payment in case extra - ordinary situation arises and if there is time gap between the approval of tariff to MSETCL and recovery thereof allowed to MSEDCL;..."
(3.) MSEDCL has stated that: 3.1 In Case No. 51 of 2012, the Commission had issued suo motu Order on 21 May, 2012 determining the Tariff for Intra State Transmission (InSTS) for FY 2012 -13, with Rs. 272.69 crore monthly Transmission Charges payable by MSEDCL to the STU. 3.2 Vide Order dated 16 August, 2012 in Case No. 19 of 2012 (final truing up of FY 2010 - 11 and ARR for FY 2011 -12 and 2012 -13), the Commission had approved Rs. 182.08 Crore for April and May, 2012 and Rs. 272.69 Crore for the remaining period of FY2012 -13 towards Transmission Charges to be paid to STU. 3.3 Vide Order dated 13 May, 2013 in Case No. 56 of 2013, the Commission determined the Transmission Tariff for FY 2013 -14 to 2015 -16, which required MSEDCL to pay Rs. 465.22 crore per month as InSTS charges from 1 April, 2013, i.e. an increase of Rs. 192.53 crore per month (i.e. 70% hike). The impact of this increase was not factored into MSEDCL's tariff, which had already been approved by the Commission earlier in Case No. 19 of 2012. In the absence of any mechanism for MSEDCL to recover the increased Transmission Charges from consumers, it was difficult for MSEDCL to pay the entire enhanced amount to STU within 14 days of the monthly bills, as required. Hence, MSEDCL is paying it in part as per the availability of funds. Consequently, an outstanding amount is accumulated for payment against the Transmission Charges. 3.4 Under suo moto Order dated 5 September, 2013 in Case No. 95 of 2013, the Commission determined the supplemental charges which could be recovered by MSEDCL considering the additional amounts it would have to pay to the Maharashtra State Power Generation Co. Ltd. (MSPGCL) and Maharashtra State Electricity Transmission Co. Ltd. (MSETCL) arising from other Orders in respect of them. Thus the Commission allowed MSEDCL to recover Rs. 962.65 crore as Additional Energy Charges (AEC) on account of revised Transmission Tariff, from April to August, 2013. MSEDCL would also continue to have to pay the incremental amount of Rs. 192.53 crore mentioned in para 3.4 towards Transmission cost even after August, 2013. 3.5 The amount paid by MSEDCL to the STU against Transmission Charges considering its financial constraints is as follows: Month Amount in Rs. crore (as against Rs. 465.22 due) per month 1 April, 2013 372.6 2 May, 2013 154.0 3 June, 2013 376.28 4 July, 2013 322.28 5 August, 2013 146.28 6 September, 2013 236.78 7 October, 2013 170.36 8 November, 2013 209.51 9 December, 2013 411.51 10 January, 2014 398.51 11 February, 2014 371.19 12 March, 2014 708.19 Total 3,877.50 3.6 The STU has claimed DPC of Rs. 245.43 crore, which would in turn be paid to the Transmission Licensees, on the outstanding/delayed amounts from MSEDCL, as per Regulation 68.4 of the MYT Regulations, 2011, for FY 2013 -14. 3.7 The position of arrears and DPC of Distribution Licensees as on 31 March, 2014 is as follows: Distribution Arrears (Rs. DPC (Rs. Licensee crore) Crore) 1 MSEDCL 1804.98 245.43 2 BEST 0 0 3 TPC -D 229.14 24.85 4 RInfra -D 132.91 12.41 3.8 MSEDCL explained its difficulties in timely payment and requested the STU and Transmission Licensees to waive the DPC vide letters dated 21 March and 4 April, 2014. This was also discussed at the 68th Grid Coordination Committee (GCC) meeting, but no consensus was arrived at. In the past, the GCC had waived DPC charges up to March, 2012. 3.9 Under Regulation 62 of the MYT Regulations, 2011, the DPC collected by the STU is treated as non -tariff income of Transmission Licensees to be deducted from their ARR while determining Transmission Charges for the next year. Hence, waiver of the DPC amount will not affect their ARR. 3.10 Delay in payment of Transmission Charges is partly due to non -approval of recovery by the Commission and MSEDCL's critical financial condition. The Commission's Order dated 5 September, 2013 in Case No.95 of 2013 stipulated that the accumulated under recovery till August, 2013 would be levied by MSEDCL for six months from September, 2013 to February 2014, resulting in a delay of five months in recovery, spread over 6 months, of incremental Transmission Charges. Thus, even after that Order, the accumulated amount could not be released in lump sum. The Order was silent on the DPC chargeable by MSETCL to MSEDCL and the carrying cost on the accumulated amount. 3.11 MSEDCL also seeks relief on payment of any surcharge on delayed payment in future if there is a time difference between the approval of InSTS Charges and recovery allowed to MSEDCL. ;