NHPC LTD. Vs. PUNJAB STATE POWER CORPORATION LTD. AND ORS.
LAWS(ET)-2014-2-1
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on February 18,2014

Appellant
VERSUS
Respondents

JUDGEMENT

- (1.) THE petition has been filed by NHPC Ltd, a generating company owned and controlled by the Central Government, for revision of tariff in respect of Uri Hydroelectric Project (4 x 120 MW) ('the generating station'), for the period 1.4.2009 to 31.3.2014 in accordance with clause (1) of Regulation 6 of the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 ('the 2009 Tariff Regulations') after accounting for additional capital expenditure. The generating station with a capacity of 480 MW was declared under commercial operation on 1.6.1997. Petition No. 74/2010 was filed by the petitioner for determination of tariff of the generating station for the period from 1.4.2009 to 31.3.2014 and the Commission by its order dated 16.6.2011 had determined the annual fixed charges for the generating station for the said period. Subsequently, the annual fixed charges determined by order dated 16.6.2011 were revised by Commission's order dated 18.9.2012 in Review Petition No. 20/2011. The annual fixed charges determined by order dated 18.9.2012 was as under:
(2.) THE petitioner in this petition has claimed revision of tariff for the period 2009 -14 based on the actual additional capital expenditure incurred during the period 2009 -12 and revised projections for additional capital expenditure for the period 2012 -14.
(3.) THE respondent No. 4 Uttar Pradesh Power Corporation Ltd. (UPPCL), Respondent No. 3 BSES Rajdhani Power Ltd. (BRPL) and Respondent No. 9, Ajmer Vidyut Vitran Nigam Ltd. (AVVNL) have filed replies to the petition. The petitioner has filed its rejoinder to the said replies. The first proviso to Regulation 6 of the 2009 Tariff Regulations provides as under: 6. Truing up of Capital Expenditure and Tariff 2. THE Commission shall carry out truing up exercise along with the tariff petition filed for the next tariff period, with respect to the capital expenditure including additional capital expenditure incurred up to 31.3.2014, as admitted by the Commission after prudence check at the time of truing up. Provided that the generating company or the transmission licensee, as the case may be, may in its discretion make an application before the Commission one more time prior to 2013 -14 for revision of tariff.;


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