JUDGEMENT
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(1.) THIS petition has been filed by the petitioner, Neyveli Lignite Corporation Ltd (NLC), a generating company owned and controlled by the Central Government for approval of tariff in respect of its Thermal Power Station II (hereinafter referred to as "the generating station") for the period from 1.4.2001 to 31.3.2004, in accordance with the Central Electricity Regulatory Commission (Terms & Conditions of Tariff) Regulations, 2001, (hereinafter referred to as "the 2001 regulations").
(2.) The generating station consists of three generating units each with a capacity of 210 MW under Stage-I and four generating units each with a capacity of 210 MW under Stage-II. The dates of commercial operation of the units of the TPS-II Stage-I and Stage-II are as follows:
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The tariff for the generating station for the period 1.4.1996 to 31.3.2001 was determined in accordance with the terms and conditions of the Bulk Power Supply Agreement (BPSA) executed between the petitioner and the respondents or their predecessor entities. The tariff in the BPSA was based on the net fixed assets concept and was the result of mutual negotiation among the parties.
(3.) THE petitioner initially filed the petition for determination of tariff of the generating station on "Gross Fixed Assets" basis. As the tariff for the period up to 31.3.2001 was being determined on the basis of Net Fixed Assets, it was decided that tariff for 2001-04 should also be determined on the same basis. Accordingly, the petitioner filed the revised tariff proposal dated 13.6.2005 on "Net Fixed Assets" basis along with additional information needed for the purpose of determination of tariff. THE petitioner has claimed following Annual Fixed Charges based on "Net Fixed Assets" approach:
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