JUDGEMENT
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(1.) The petition has been preferred by Power Grid Corporation of India Limited (hereinafter referred to as "the petitioner"), a transmission licensee, for revision of tariff under Regulation 6 of the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 (hereinafter referred to as "the 2009 Tariff Regulations") based on truing up of capital expenditure for the period 1.4.2009 to 31.3.2014 and for determination of tariff under Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2014 (hereinafter referred to as "the 2014 Tariff Regulations") for the period from 1.4.2014 to 31.3.2019 in respect of 40% FSC compensation package for 400 kV D/C Khandwa -Seoni Transmission Line at Khandwa station (Asset -I) combined with 400 kV D/C Sipat Raipur Transmission line along with sub -station bays at Raipur and Sipat (Asset -IA) (hereinafter referred to as "Asset -I") and 315 MVA, 400/220 kV ICT with associated 220 kV bays associated with Itarsi (PG) -ltarsi (MPPTCL) Ckt -ll and 220 kV bays associated with Itarsi (PG) -Bhopal (MPPTCL) Ckt -ll (referred as "Asset -II") under WRSS -I Transmission system in Western Region (hereinafter referred to as "the transmission assets").
(2.) The respondents are the distribution licensees, who are procuring transmission service from the petitioner, mainly the beneficiaries of Western Region.
(3.) The brief facts of the case are as follows: - -
"a) Investment approval for the transmission scheme was accorded by the Board of Directors of the petitioner company vide its letter dated 12.8.2004 at an estimated cost of Rs. 19921 lakh, which included IDC of Rs. 1085 lakh at the 1st quarter 2004 price level. Subsequently, the Board of Directors vide its Memorandum dated 26.12.2006 accorded approved for revised cost estimate of Rs. 23800 lakh, including IDC of Rs. 1732 lakh at the 3rd quarter 2008 price level.
2004 -09 tariff period
b) The annual transmission charges up to 31.3.2009 in respect of the transmission scheme were approved vide order dated 19.4.2010 in Petition No. 168/2009 based on admitted capital cost of Rs. 20170.36 lakh for Asset -I and Asset -IA and Rs. 2867.59 lakh for Asset -ll.
2009 -14 tariff period
c) The Commission, in the order dated 23.3.2011, had clubbed Asset -I and Asset -IA as Asset -I with the date of commercial operation considered for determination of transmission charges as 1.8.2008. In the above order dated 23.3.2011, transmission tariff was determined by clubbing the elements as under: - -
(i) Asset -I: 40% FSC Compensation package for 400 kV D/C Khandwa Seoni Transmission Line at Khandwa Station and 400 kV Sipat Raipur Transmission Line along with sub -station bays at Raipur and Sipat, COD 1.8.2008
(ii) Asset -ll: 315 MVA, 400/220 kV ICT with associated 220 kV bays associated with Itarsi (PG) MPPTCL Ckt -ll and 220 kV bays associated with Itarsi (PG) - Bhopal (MPPTCL) Ckt -ll, COD 1.5.2008
d) The Commission vide its order dated 23.3.2011 in Petition No. 187/2010 had approved the capital cost of the transmission assets as on 31.3.2009 as under: - -
e) The Commission had also allowed estimated additional capital cost amounting to Rs. 586.54 lakh and Rs. 175.31 lakh in respect to Asset -I and Asset -ll respectively towards balance and retention payments during 2009 -11 for determination of tariff for 2009 -14 tariff period.
f) The Commission determined the tariff for the transmission assets for tariff period 2009 -14, based on admitted capital cost of Rs. 20170.36 lakh and Rs. 2867.59 lakh as on 31.3.2009 and estimated additional capital expenditure of Rs. 586.54 lakh and Rs. 175.31 lakh in respect of Asset -I and Asset -ll respectively during 2009 -11 as given below: - -
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