MADHYA PRADESH STATE ELECTRICITY BOARD Vs. POWER GRID CORPORATION OF INDIA LTD
LAWS(ET)-2005-9-15
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on September 26,2005

Appellant
VERSUS
Respondents

JUDGEMENT

- (1.) THE petitioner, Madhya Pradesh State Electricity Board (MPSEB) has prayed for a direction to the first respondent, Power Grid Corporation of India Limited (PGCIL) for revision of the billing of Korba-Budhipadar transmission line in Western Region for the period 1.4.2001 to 31.3.2004 in accordance with the order dated 18.7.2003 in Petition No. 49/2002, which according to the petitioner implies sharing of the transmission charges for the transmission line in the ratio of 50:50 between Eastern and Western Regions.
(2.) Korba-Budhipadar transmission line, an inter-regional link, traverses the Eastern and Western Regions. The transmission line was declared under commercial operation on 1.9.1999. The transmission charges for the period from the date of commercial operation to 31.3.2001 were approved by the Commission by its order dated 19.6.2002 in Petition No. 9/2000. The Commission directed that the transmission charges would be shared by the constituents of Eastern and Western Regions in the following manner: (i) 1/2 by MPSEB from the date of commercial operation of the assets, till the date of constitution of State of Chattisgarh. The liability on this account between MPSEB and Chhatisgarh State Electricity Board (CSEB) (Respondent No. 8) shall be shared in accordance with the Notification No. 238 dated 12.4.2001 issued by Ministry of Power, Govt. of India. After constitution of State of Chhattisgarh, 1/2 of the transmission charges shall be shared by MPSEB and CSEB in proportion of energy transmitted, (ii) 1/3rd by constituents of Eastern Region jointly, and (iii) 1/6th by Gujarat Electricity Board. The sharing of transmission charges approved by the Commission was in deviation of the applicable norms contained in Ministry of Power notification dated 3.3.1998, for the reason that the petitioner at WREB meeting held on 17.12.1999 had agreed to share 50% of the charges for the transmission line. 1/6th of the approved transmission charges were allocated to Gujarat Electricity Board (8th respondent herein) as it was found to be using the transmission line for transfer of electricity from Eastern Region. Ministry of Power notification dated 3.3.1998 laid down the following methodology for sharing of transmission charges: a) One third(1/3rd) by the beneficiaries of one region b) One third (1/3rd) by the beneficiaries of the other region c) Remaining one third (1/3rd) as per use, i.e. the beneficiaries of the importing contiguous region which have received the power as per the commitment.
(3.) THE first respondent (PGCIL) sought review of the said order dated 19.6.2002 on the ground that there was some inconsistency in the order because of which MPSEB, the present petitioner was not sharing the fixed monthly transmission charges applicable for Eastern Region and had thus not honoured the bills raised by the first respondent. THE application for review (No. 117/2002) made by first respondent (PGCIL) was disposed of by order dated 4.4.2003 by clarifying the issue raised therein. This settled the question of sharing of the transmission charges for the period 1.9.1999 to 31.3.2001.;


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