NTPC LTD Vs. UTTAR PRADESH POWER CORPORATION LTD
LAWS(ET)-2006-11-6
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on November 30,2006

Appellant
VERSUS
Respondents

JUDGEMENT

- (1.) THIS petition has been filed by the petitioner, NTPC Limited, a generating company owned or controlled by the Central Government for approval of tariff in respect of Tanda Thermal Power Station (440 MW), (hereinafter referred to as "the generating station") for the period from 1.4.2004 to 31.3.2009, based on the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2004, (hereinafter referred to as "the 2004 regulations"). The petitioner filed I.A. No. 53/2005 to revise the tariff claim on the basis of increase in coal prices from 15.6.2004 and anticipated wage revision from 1.1.2007. The petitioner was also called upon to file additional information which has been taken into consideration.
(2.) The erstwhile Uttar Pradesh State Electricity Board (UPSEB) (the predecessor of the respondent herein) constructed Tanda Thermal Power Station with a total installed capacity of 440 MW. The first unit was commissioned in 1987-88 and the last unit in the year 1997-98. The generating station was transferred to the petitioner on 14.1.2000 under the Uttar Pradesh Electricity Reforms (Transfer of Tanda Undertaking) Scheme, 2000 for a total consideration of Rs. 1000 crore. The power generated from the generating station is supplied exclusively to the respondent based on the Power Purchase Agreement dated 7.1.2000, entered into by the petitioner and UPSEB, valid for a period of 25 years from 14.1.2000 i.e. the date of vesting of the generating station in NTPC. The tariff for the generating station for the period up to 31.3.2004 was approved by the Commission vide its order dated 28.6.2002 in Petition No. 77/2001. The Commission further revised the fixed charges vide order dated 9.4.2003 in Review Petition No. 2/2003. The Commission vide order dated 24.10.2005 in Petition 8/2005 approved the revised fixed charges of the generating station after allowing additional capital expenditure on R & M of Rs. 17747 lakh for the period 14.1.2000 to 31.3.2004.
(3.) THE details of the annual fixed charges claimed by the petitioner as per IA 53/2005 are given hereunder: JUDGEMENT_191_TLET0_20060.htm ;


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