JUDGEMENT
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(1.) The petitioner, Karnataka Power Transmission Corporation Limited (KPTCL) was formed as a successor entity of the erstwhile Karnataka Electricity Board (KEB) through the first statutory transfer scheme notified by the State Government of Karnataka on 1.8.1999 to manage the transmission and distribution business of erstwhile KEB. Subsequently, the state Government notified the second transfer scheme on May 31, 2002 wherein KPTCL retained the transmission, SLDC and Bulk Supply business of the state with itself, while transferring the distribution and retail supply of the state to the four distribution companies. Subsequently, on 9.6.2005 the state Government notified that the Bulk Supply business of KPTCL be vested with DISCOMs with effect from 10.6.2005. As a result, KPTCL is presently carrying out solely the transmission business as the State Transmission Utility (STU) in the state. The instant petition has been filed by KPTCL in compliance of the Commission's order dated 14.3.2012 in Petition No. 15/SM/2012 for approval of the annual transmission charges of the transmission assets for inclusion in the Point of Connection charges as per the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 (hereinafter "2009 Tariff Regulations").
(2.) The Commission vide order dated 14.3.2012 in Petition No. 15/SM/2012 gave the following directions: - -
"2(36) inter -State transmission system includes -
(i) Any system for the conveyance of electricity by means of main transmission line from the territory of one State to another state;
(ii) The conveyance of electricity across the territory of any intervening State as well as conveyance within the State which is incidental to such inter -State transmission of electricity;
(iii) The transmission of electricity within the territory of a State on a system built, owned, operated, maintained or controlled by a Central Transmission Utility"
4. Under the above provision, the conveyance of electricity from territory of one state to another State is also considered to be a part of inter -State transmission system. In terms of Sec. 79(1) (d) of the Act, the tariff of these lines are also required to be determined by the Central Commission.
5. It has come to the notice of the Central Commission that the some of the owners/developers of the inter -State transmission lines of 132 kV and above in North Eastern Region and 220 kV and above in Northern, Eastern, Western and Southern Regions as mentioned in the Annexure to this order have approached the Implementing Agency for including their transmission assets in computation of Point of Connection transmission charges and losses under the Central Electricity Regulatory Commission (Sharing of inter -State Transmission Charges and Losses) Regulations, 2010 (hereinafter "Sharing Regulations'').
6. As a first step towards inclusion of non -ISTS lines in the POC transmission charges, the Commission proposes to include the transmission lines connecting two States, for computation of POC transmission charges and losses. However, for the disbursement of transmission charges, tariff for such assets needs to be approved by the Commission in accordance with the provisions of Sharing Regulations. Accordingly, we direct the owners of these inter -State lines to file appropriate application before the Commission for determination of tariff for facilitating disbursement.
7. We direct the respondents to ensure that the tariff petition for determination of tariff is filed by the developers/owners of the transmission line or by State Transmission Utilities where the transmission lines are owned by them in accordance with the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009, by 20.4.2012."
(3.) Eight transmission lines were identified by the Commission in its order dated 14.3.2012 in Petition No. 15/SM/2012 for inclusion in the PoC transmission charges computation. These lines were identified based on the inputs provided by Southern Regional Power Committee (SRPC) and KPTCL was directed to file tariff petition for the following eight transmission lines. The lines are as under: - -
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