NATIONAL THERMAL POWER CORPORATION LTD Vs. UTTAR PRADESH POWER CORPORATION LTD
LAWS(ET)-2006-2-2
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on February 21,2006

Appellant
VERSUS
Respondents

JUDGEMENT

- (1.) HEARD the representatives of the parties. IA No.52/2005 for amendment of main petition has been allowed. Let the amended petition be taken on record.
(2.) The present petition relates to approval of tariff in respect of Rihand STPS for the period 1.4.2004 to 31.3.2009. Another petition (No.38/2001) for approval of tariff for the earlier period, namely, 1.4.2001 to 31.3.2004 is also pending. The tariff in respect of Rihand STPS for the period ending 31.10.1997 was notified by Ministry of Power under its notification dated 2.11.1992, which was subsequently amended to account for, inter alia, additional capitalization for the period ending 31.3.1997. The capital cost considered by Ministry of Power was Rs.229713 lakh up to 31.3.1997. The petitioner also filed petition No.30/2002 for approval of additional capitalization on works and FERV for the period 1.4.1997 to 31.3.2001, revised fixed charges for the period 1.4.1997 to 31.10.1997 and the fixed charges for the period 1.11.1997 to 31.3.2001. The Commission by its order dated 4.10.2002 approved additional capitalization from 1.4.1997 to 31.3.2001 as per details given below: JUDGEMENT_139_TLET0_20060.htm
(3.) THE Commission also approved the revised fixed charges for the period up to 31.3.2001 by the said order dated 4.10.2002. One of the beneficiaries, namely, Rajasthan Rajya Vidyut Prasaran Nigam Ltd. (RRVPNL) filed an appeal before Jaipur Bench of Rajasthan High Court against the Commission's order dated 4.10.2002. THE Hon'ble High Court by its order dated 10.1.2003 stayed operation of the said order dated 4.10.2002. Though RRVPNL subsequently applied for modification of the stay order, we have been informed that the stay granted by the Hon'ble High Court still continues to be in force.;


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