- (1.) Maharashtra State Electricity Distribution Company Limited (MSEDCL, hereinafter referred to as "the Petitioner") filed a Petition before the Commission on 20 September, 2013 seeking clarifications of the Order passed by the Commission on 3 September, 2013 in
(2.) Prayers of the Petitioner are as follows: "........ i) issue clarifications in respect of the Order dated 03.09.2013 as sought in paragraph 6 of the present Petition; ii) in the interim, stay the operation of the Order dated 03.09.2013 passed in Case No.121/2012 and order dated 15.10.2012 in Case No.24/2012; iii) Pass any such further or other Order as this Hon'ble Commission may deem fit and proper in the facts and circumstances of the present case." ........"
(3.) Background Facts of the Petition: 3.1 The Commission vide its Order dated 27 January, 2011 in Case No. 85 of 2010 (MSEDCL's application for grant of distribution license) and Case No. 87 of 2010 (MPECS's application for grant of distribution license) had amended the license of MSEDCL to operate as a distribution licensee in the Mula Pravara Electric Co -operative Society Limited (herein referred to as "MPECS") area and had rejected the application of MPECS for grant of Distribution License. Further the Commission had directed MPECS to handover all its assets to MSEDCL with liberty to MPECS to claim value for the assets by filing a separate Petition. 3.2 Aggrieved by the aforesaid Order of the Commission, MPECS had filed an Appeal No. 39 of 2011 before the Hon'ble APTEL. In its Appeal, MPECS had challenged the powers and jurisdiction of the Commission regarding direction of handing over of MPECS's assets to MSEDCL. After hearing the matter, the Hon'ble APTEL had set aside the common Order passed by 3.3 the Commission on 27 January, 2011 and remanded the matter to the Commission for reconsideration and to dispose of the matter on merit. In line with aforesaid directions of the Hon'ble APTEL, MPECS had filed a Petition in 3.4 Case No. 24 of 2012 on 7 March, 2012 before the Commission seeking determination of compensation charges for use of MPECS distribution network by MSEDCL. 3.5 After hearing both the parties, the Commission had passed an Interim Order on 15 October, 2012 in Case No. 24 of 2012 and had determined an Interim Charges of Rs. 1 Order in Case No. 119 of 2013 Page 2 of 18 Crore per month i.e. Rs.12 Crore per annum to be paid by MSEDCL to MPECS, as charges for continuation of existing arrangement, as per the directions of the Hon'ble APTEL. 3.6 The Commission had also ruled that the above charge of Rs. 1 Crore per month is an Interim Charge. Any excess or shortfall in charges is to be adjusted in the Final Order on the matter of determination of charges based on valuation of Assets so that the existing arrangement may continue till the matter of grant of license is finally determined by the Commission. 3.7 MSEDCL had filed a Review Petition i.e. Case No. 121 of 2012 and Miscellaneous Application No. 6 in Case No. 121 of 2012 to review and stay the operation of the Interim Order passed by the Commission on 15 October, 2012 in Case No. 24 of 2012. 3.8 The Commission subsequently dismissed the M.A No. 6 of 2012 in Case No. 121 of 2012 directing that, the issue was not related to the Case No. 24 of 2012 and also rejected the review Petition of MSEDCL in Case No. 121 of 2012 and passed the Order on 3 September, 2013 and directed the MPECS to submit a copy of its assets register of electricity business. The Commission also directed MSEDCL to carry out the valuation of the assets within 7 days from the date of issuance of the Order. Hence the present Petition filed by the Petitioner, MSEDCL seeking clarification of the Order dated 3 September 2013. ;