- (1.) THE petitioner, Kanti Bijlee Utpadan Nigam Ltd. (KBUNL) has filed this petition for determination of generation tariff of Muzaffarpur TPS, Stage -I, (2 x 110 MW) ('the generating station') for the period from the anticipated date of commercial operation of Unit -I to 31.3.2014, in terms of the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 (hereinafter referred to as "the 2009 Tariff Regulations"). \KBUNL, a Government company, is a subsidiary of NTPC Ltd. and was set up as a joint venture company with the respondent, BSEB to take over the assets and business of the generating station with effect from 8.9.2006, which consists of two units of 110 MW capacity commissioned during 1985 -86 and which was under shut down since October, 2003. The entire power generated from the generating station, is supplied to the respondent in terms of the Power Purchase Agreement dated 22.8.2006.
(2.) THE project was in depleted condition at the time of transfer and the generating station was in a position to generate power only at 10% to 15% of its capacity. As there was acute shortage of power being faced by the respondent, BSEB, only selective refurbishment works for restoration of generation from Unit -II was taken up and the commercial operation of the Unit -II was declared on 15.10.2010, without doing any major R&M work. Unit -I was taken under Renovation and Modernization (R&M) during 2010.
(3.) PETITION No. 271/2010 was filed by the petitioner for approval of tariff for Unit II (1 x 110 MW) of the generating station for the period from 15.10.2010 to 31.3.2014 with relaxed operational norms and O and M expenses. The petitioner had also prayed that it may be allowed to file separate petitions for determination of tariff after completion of R&M activities of Unit -I and II of the generating station. Thereafter, the Commission, after hearing the parties, by its order dated 23.2.2012 granted provisional tariff for Unit II of the generating station for the period from the date of commercial operation 15.10.2010 till 31.3.2014, based on relaxed norms, pending determination of final tariff. Subsequently, during the hearing of the said petition on 29.10.2013, the petitioner submitted that Unit II was presently under shut down due to R&M activities and the expected time for completion of R&M for Unit II is April, 2014. The Commission has however reserved its order in the said petition. The present petition has been filed by the petitioner for determination of tariff of the generating station considering the gross block based on the audited accounts as of 31.3.2012 and estimated capitalisation upto anticipated date of commercial operation (COD) of Unit I (30.9.2012) and anticipated COD of Unit II (1.4.2013).;