- (1.) THIS petition was filed by the petitioner seeking direction to the respondent to accept the wheeling charges @ 10 paise/kWh determined by the Central Electricity Authority (hereinafter �CEA�) in December 1997 for transmission of power on the transmission system owned by the respondent, to be enforced from 1.1.1998.
(2.) The Commission, vide its order dated 23.10.2000 had directed that the wheeling charges for conveyance of electricity through the transmission system owned by the respondent were payable by the petitioner @ 10 paise/kWh with effect from 1.1.1998, as decided by the CEA. The respondent filed an appeal before the Hon`ble High Court of Orissa against the said order dated 23.10.2000. The Hon`ble High Court by its order dated 6.12.2007 set aside the Commission�s order dated 23.10.2000 and remanded the matter to the Commission for fresh consideration of the limited issue, whether the wheeling charges were to remain at 10 paise/kWh or were to be enhanced upto 17.5 paise/kWh. For facility of reference, we are extracting hereunder the relevant portion of the order of the Hon�ble High Court: Considering the submissions made by learned Counsel for both the parties, in my considered view, the pleadings of the respective parties as well as the supporting documents relating to the rival contention/claims raised by the learned Counsel for both the parties, have to be gone into in detail for arriving at a just conclusion/decision in the matter. While exercising its appellate jurisdiction, it may not be possible for this Court to go beyond the material already available on record and also it may not be possible to take a final decision in the matter relating to fixation of price of wheeling charges, keeping in view the rival contentions made by the learned Counsel for both the parties with regard to so called agreements etc. which are disputed questions of fact. As such the Central Electricity Regulatory Commission (CERC), which is an expert body as regards the dispute in question, shall be the better forum/authority to decide the matter, after going through all these disputed questions of fact. In view of the above, it will be just and proper to remit back the matter to the Central Electricity Regulatory Commission (CERC) for adjudication of the dispute with regard to determination of the price towards wheeling charges per KWH afresh so that the matter can be finally decided there. As such keeping in view the fact that Madhya Pradesh Power Trading Company Ltd has not field any appeal challenging the order dated 23.10.2000 in fixing the price of wheeling charges at the rate of 10 paise per KWH, order dated 23.10.2000 is set aside only for the purpose of reconsideration of the dispute to the extent: as to whether the wheeling charges shall remain confined to 10 paise per KWH or it will be enhanced for a price may be up to 17.5 paise per KWH. and accordingly, the matter is remitted back to the CERC for fresh adjudication and to take a final decision in the matter by giving a chance of hearing to both the parties, on filing of their respective documents in support of their contention, at the time of hearing. Pursuant to the order of the Hon�ble High Court, the proceedings have been revived. The Commission vide its order dated 13.3.2008 directed the parties to file additional documents, if any. Certain documents have been filed by the parties.
(3.) IN the first instance, we recapitulate the basic facts necessary for adjudication of the dispute. IN May 1997, the petitioner had been allocated by the Central Government power from the NTPC generating stations located in Eastern Region. Prior thereto when the matter of allocation of power to the petitioner was under consideration, in a meeting held in February 1997, it was decided that the petitioner was required to pay wheeling charges to the respondent, in addition to the transmission charges payable to PGCIL, for use of the respondent�s transmission network for conveyance of power to the petitioner. IN the said meeting held during February 1997, the petitioner is reported to have suggested to levy wheeling charges on per unit basis. IN that meeting, it was indicated by the respondent that wheeling charges were payable @ 12% of the energy charges in accordance with the notification of Orissa Government, but agreed to charge @ 10% of the energy charges, subject to concurrence of its Board of Directors. IN the meeting, the respondent is also said to have explained the difficulties in releasing the power in inter-connected mode and also expressed its inability to extend power to the petitioner by isolating one of the generating units at Ib TPS owned by Orissa Power Generation Corporation Ltd. (OPGC) and running it in parallel with the petitioner�s system. The respondent requested the petitioner to avail power in radial mode, on which the petitioner is said to have expressed its reservations and difficulties and insisted that isolation of one generating unit of Ib TPS was the only viable alternative. IN this manner, there was no agreement on the rate of wheeling charges and the mode of transmission.;