NHPC LTD. Vs. PUNJAB STATE POWER CORPORATION LIMITED AND ORS.
LAWS(ET)-2016-2-2
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on February 19,2016

Appellant
VERSUS
Respondents

JUDGEMENT

- (1.) This petition has been filed by the petitioner, NHPC, for revision of tariff in respect of Tanakpur Hydro Electric Project (94.2 MW) (the generating station) for the period 2009 -14 after truing -up in terms of Regulation 6(1) of the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 ("the 2009 Tariff Regulations") and for determination of tariff for the period 2014 -19 in terms of Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2014 ("the 2014 Tariff Regulations").
(2.) The generating station was commissioned during April, 1993. Petition No. 75/2010 was filed by the petitioner for determination of tariff of the generating station for the period from 1.4.2009 to 31.3.2014 and the Commission by its order dated 10.5.2011 had determined the annual fixed charges for the generating station for the period 2009 -14. Subsequently, the annual fixed charges determined by order dated 10.5.2011 were revised by Commission's order dated 15.6.2012 in Review Petition No. 14/2011. Thereafter, the Commission vide its order (corrigendum) dated 9.8.2012 in Review Petition No. 14/2011, after correction of certain errors, modified the order dated 15.6.2012. Subsequently, tariff for the period 2009 -14 was revised by Commission's order dated 9.6.2014 in Petition No. 177/GT/2013 based on the actual additional capital expenditure incurred during the period 2009 -12 and revised projections for additional capital expenditure for the period 2012 -14. Accordingly, the annual fixed charges allowed for the period 2009 -14 by the said order dated 9.6.2014 is as under: Revision of annual fixed charges for 2009 -14
(3.) Clause (1) of Regulation 6 of the 2009 Tariff Regulations provides as under: "6. Truing up of Capital Expenditure and Tariff (1) The Commission shall carry out truing up exercise along with the tariff petition filed for the next tariff period, with respect to the capital expenditure including additional capital expenditure incurred up to 31.3.2014, as admitted by the Commission after prudence check at the time of truing up. Provided that the generating company or the transmission licensee, as the case may be, may in its discretion make an application before the Commission one more time prior to 2013 -14 for revision of tariff.";


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