NORTH EASTERN ELECTRIC POWER CORPORATION LTD Vs. ASSAM STATE ELECTRICITY BOARD
LAWS(ET)-2008-4-8
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on April 29,2008

Appellant
VERSUS
Respondents

JUDGEMENT

- (1.) THE petitioner has filed this petition for approval of tariff in respect of Ranganadi Hydro Electric Project (135X3 MW) (hereinafter referred to as "the generating station") for the period 12.2.2002 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, located in the State of Arunachal Pradesh, is a run-of-river type scheme with diurnal pondage for peaking power and is designed to generate annual energy of 1874 MUs in a 90% dependable year. Units I & II of the generating station were commissioned on 12.2.2002 and Unit-III on 12.4.2002. The petitioner earlier filed Petition No. 87/2001 for approval of provisional tariff for the generating station for period 12.2.2002 to 31.3.2004. The Commission by order dated 11.4.2002, however, allowed provisional tariff at 80% of that claimed in the petition, as an interim measure, subject to adjustment of final tariff to be determined by the Commission. The provisional tariff claimed by the petitioner and allowed by the Commission corresponding to annual design energy of 1874 MUs and saleable design energy of 1632.6 MUs, is as follows: JUDGEMENT_339_TLET0_20080.htm
(3.) THE provisional tariff was continued up to 30.9.2003. THE petitioner was directed to obtain approval of the Central Government for revised financial package and to file the revised calculations of tariff based on the revised financial package for determination of final tariff. Although the provisional tariff was further continued up to 31.3.2004, the petitioner failed to obtain approval of the Central Government for revised financial package. In the circumstances, the Commission vide order dated 4.3.2004 directed as follows: 3. We have considered the request. On an earlier occasion also on the specific request made on behalf of the petitioner, time up to 30.9.2003 was allowed for filing of revised financial package. This time was extended to 31.12.2003, again on the basis of a request made on behalf of the petitioner. THE repeated time extension for this purpose is not warranted. However, as a special case, we agree to extend time up to 31.03.2004 for filing of revised financial package and the revised calculations of tariff, with advance copy to the respondents. We make it clear that in case the necessary information is not filed by 31.03.2004 as allowed the petition shall stand disposed off on 1.4.2004 without any further reference to the Commission. In the event of the nonsubmission of the necessary information and disposal of the petition in default, as ordered above, the provisional tariff already approved vide order dated 11.4.2002 shall continue to apply till further orders. In case of disposal of the petition as aforesaid, the petitioner shall be at liberty to file a fresh petition for approval of tariff along with prescribed filing fee as and when the revised financial package is approved by the competent authority.;


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