JUDGEMENT
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(1.) THIS petition has been filed by the petitioner, a generating company owned and controlled by the Central Government for approval of tariff in respect of Neyveli Thermal Power Station-I (Expansion) (2x210 MW) (hereinafter referred to as "the generating station") for the period from 1.4.2004 to 31.3.2009 based on the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2004, (hereinafter referred to as "the 2004 regulations").
(2.) The generating station with a total capacity of 420 MW comprises 2 units of 210 MW each. The dates of commercial operation of these units of the generating station are as follows:
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The completion cost of the generating station is stated to be Rs. 139033 lakh against the sanctioned completion cost of Rs. 142347 lakh by Govt of India, which includes foreign exchange component of Rs. 54774 lakh, at December 2000 price level.
(3.) THE tariff for the generating station for the period ending 31.3.2004 was approved by the Commission vide its order dated 7.4.2005 in Petition No. 105/2002 based on the capital cost of Rs. 129914 lakh as on 5.9.2003 after deducting an amount of Rs. 9119 lakh withheld by the petitioner as the liquidated damages, from the gross block of Rs. 139033 lakh on that date. THE two part tariff was approved based on Net Fixed Assets. THE petitioner's claim for tariff in the present petition was initially based on the capital cost which included admitted capital cost of Rs. 129914 lakh as opening net block as on 1.4.2004. Subsequently, the petitioner filed Petition No. 8/2006 seeking increase in capital cost by an amount of Rs. 7265 lakh on account of FERV for the period December 2000 to the date of commercial operation of the station for approval of tariff for the period 1.4.2004 to 31.3.2009. It was submitted that loan component of capital cost worked out to Rs. 50060 lakh @ Rs. 50.59/Euro, against an amount of Rs. 42796 lakh considered in the order dated 7.4.2005 THE Commission vide its order dated 26.4.2006 accepted the claim of the petitioner and directed that the capital cost of Rs. 137179 lakh would be taken as the opening cost 2 as on 1.4.2004 for the purpose of determination of tariff for the period ending 31.3.2009 as per the following details:
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