DAMODAR VALLEY CORPORATION Vs. DEPARTMENT OF ENERGY GOVT OF WEST BENGAL
LAWS(ET)-2006-2-6
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on February 14,2006

Appellant
VERSUS
Respondents

JUDGEMENT

- (1.) THE interlocutory application has been made by DPSC Ltd., formerly known as Dishergarh Power Supply Company Limited to seek a clarification on the scope and effect of para 5 of the Commission's order dated 21.6.2005 in the main petition.
(2.) The main petition is filed by DVC for approval of tariff from 1.4.2004 to 31.3.2009 based on the terms and conditions contained in the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2004, though DVC has sought relaxation of some of the norms applicable. The petition was heard by the Commission on 14.6.2005 and in para 5 of its order dated 21.6.2005 passed after the hearing, the Commission directed as under: 5. The petitioner shall continue to charge the tariff as applicable on 31.3.2004 on provisional basis, till further order, which shall be subject to the tariff that may be finally determined. The applicant in the present interlocutory application has stated that it was a licensee under the repealed Indian Electricity Act, 1910 for supplying power in Asansol-Ranigunj belt in West Bengal covering about 618 sq. kms, and deemed to be a licensee under the Electricity Act, 2003. It has been stated that the licenced area of the applicant falls within the command area of DVC and about 80% of the applicant's demand is met through purchases from DVC. The applicant is said to have entered into Power Purchase Agreements (PPAs) with DVC for purchase of electricity. These PPAs provide that the demand charge, energy charge, fuel cost surcharge, guaranteed annual energy charge and overall unit rate set out in the Schedule II of the PPA be amended by DVC at any time after three months' notice. It is stated that DVC had finalized on 7.12.2004 the fuel surcharge rate for the half year ended 30.9.2004 and also simultaneously increased provisionally the fuel surcharge rate for the half year ending 31.3.2005. Subsequently on 6.6.2005 DVC finalized fuel surcharge rate for the half year ended 31.3.2005 at 60.84 paise/kWh and also proposed to provisionally increase the fuel surcharge rate for the half year ending 31.9.2005 to 62.84 paise/kWh from 54.13 paise/kWh being charged provisionally prior to 6.6.2005.
(3.) THE applicant is aggrieved by the revision of fuel surcharge rate by DVC. It took up the matter with DVC but did not succeed in persuading DVC. Accordingly, the applicant has sought a clarification on the exact scope and effect of para 5 of the order dated 21.6.2005, extracted above.;


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