YASH AGRO ENERGY LTD Vs. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD
LAWS(ET)-2014-4-24
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on April 11,2014

Yash Agro Energy Ltd Appellant
VERSUS
Maharashtra State Electricity Distribution Company Ltd Respondents

JUDGEMENT

- (1.) M/s. Yash Agro Energy Ltd. (hereinafter referred to as 'the Petitioner') submitted its Petition on 29 April, 2013 under affidavit in the matter of Clarification / Review of the Order dated 3 January, 2013 in Case No. 8, 18, 20 & 33 of 2012 and for Appropriate directions to the Respondent, Maharashtra State Electricity Distribution Company Limited (hereinafter referred to as 'MSEDCL').
(2.) The prayers of the Petitioner are as follows: i. "issue appropriate clarification / Order directing the respondent that the Order dated 03.01.2013 passed by this Hon'ble Commission in Case Nos. 08 of 2012, 18 of 2012, 20 of 2012 and 33 of 2012 is applicable for grant of open access to the consumer sourcing power from Renewable Energy Generators (such as wind, Biomass, Bagasse, Solar, Small hydro etc). ii. be pleased to quash and / or set aside the stand adopted by the respondent MSEDCL that the Order dated 03.01.2013 passed by this Hon'ble Commission in Case Nos. 08 of 2012, 18 of 2012, 20 of 2012 and 33 of 2012 pertains to Wind Generators / O.A. Consumers Sourcing power through Wind Generators only as communicated vide communication dated 04.03.2013 (Annexure -G). iii. direct the respondent MSEDCL to grant open access to the Consumer ­ Soot Girni of the petitioner as per the terms and conditions stipulated in Commercial Circular No.155 read with Order dated 03.01.2013 passed by this by this Hon'ble Commission in Case Nos. 08 of 2012, 18 of 2012, 20 of 2012 and 33 of 2012 for sourcing power from Renewable Energy(Biomass) Generation unit of the petitioner. iv. In view of urgency involved in the case, the present petition may kindly be heard and decided by granting expeditious hearing. v. Allow the petition with costs. Grant any other relief which this Hon'ble Commission deems fit in the facts and vi. circumstances of the case."
(3.) Subsequently the Petitioner vide its additional submission dated 13 May, 2013 submitted additional prayers: iii -a. be pleased to quashed and set aside the provisions of clause 15 of Commercial circular no 194 dated 09.04.2013. iii -b. by a suitable Order or directions the respondent MSEDCL may kindly be directed to make applicable the provisions of clause 1 to 14 of Circular no 194 dated 09 April 2013 including the benefits of concessional CSS (25%) for grant of open access to consumer sourcing power from Bagasse and biomass based generation/ cogeneration projects. ;


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