V.S. Verma, Member - (1.) I have gone through the order of learned Members of the Commission, namely, Dr. Pramod Deo, Chairperson and Shri M Deena Dayalan, Member. I respectfully disagree with the views of the Hon'ble Members with regard to the liability of the petitioner to bear the inter -regional charges. I am recording my views in this order. Brief facts of the case are that feeling aggrieved by the decision of Western Regional Power Committee at its 13th Meeting held on 9.4.2010, the petitioner Jindal Power Limited seeks the following directions: (a) Grant an ad interim ex parte stay from recovery of any amount from the petitioner in pursuance to the impugned decision of the western region power committee dated 09.04.2010 (b) Order that the claim of transmission charges for inter -regional links between western region -eastern region, western region -northern region and western region -southern region as well as claim of wheeling charges payable to Gujrat and Maharashtra are not payable by the petitioner for the reasons explained above (c) Set aside the decision taken by western region power committee at its 13th meeting to the effect that long term open access customers for Inter State Transmission system of Western region also should share (a) the wheeling transmission charges/transmission charges paid to GETCO for conveyance of central sector power to DD and DNH and wheeling/transmission charges paid to MSETCL for wheeling of Central Sector Generating Station of WR, and (b) the transmission charges for inter -regional transmission links (d) Direct to refund of the amount of 14,54,07,162 and 72,46,893 paid towards the interest and which has already been paid by the petitioner under protest towards the inter -regional link charges with interest. (e) Condone any inadvertent omission/errors/shortcomings and permit the petitioner to add/change/modify/alter the present pleading/petition and may also grant leave to the petitioner to make appropriate submissions at any future date in regard to the present proceeding (f) Pass such further or other orders as this Hon'ble Commission may deem fit and proper in the fact and circumstances of the case.
(2.) THE petitioner, a public limited company incorporated under the Companies Act, 1956 has set up its generating station near Raigarh in the State of Chhattisgarh and is engaged in the business of generation of electricity. The petitioner made an application to Power Grid Corporation of India Ltd., the Central Transmission Utility (CTU), for grant of long -term open access for evacuation of 500 MW of power for supply from its generating station to the States of Chhattisgarh and Gujarat in the Western Region. In the meeting held on 30.9.2006 in the office of CEA it was agreed to grant the long -term open access to the petitioner on availability of the identified system strengthening scheme. The CTU by its letter dated 8.11.2006 conveyed to the petitioner the decision arrived at, subject to the petitioner executing a Bulk Power Transmission Agreement for sharing of Western Region transmission charges corresponding to 500 MW generation capacity. The condition conveyed to the petitioner in the said letter dated 8.11.2006 was that - (e) Date of commencement of open access shall be from the date of availability of above identified transmission strengthening scheme as well as transmission system of Vindhayachal -III, Sipat -I & II including signing of BPTA with POWER GRID by M/s. JPL for sharing of WR transmission charges corresponding to 500 MW generation capacity. The Bulk Power Transmission Agreement was executed between the CTU and the petitioner on 19.3.2008. In accordance with the Bulk Power Transmission Agreement, points of injection and drawal of power were situated within the Western Region. The petitioner agreed to share the Western Region transmission charges for 500 MW power as per the extracts of the relevant part of the Bulk Power Transmission Agreement placed below: - M/s. Jindal Power Ltd. shall share the WR transmission charges corresponding to 500 MW power immediately on connectivity at Raipur and shall have Long term open access to the tune of 500 MW....
(3.) ANOTHER clause of relevance in the recitals of the Bulk Power Transmission Agreement is that: - And Whereas long term transmission customer has agreed to share and pay all the transmission charges of POWER GRID including FERV, incentive, income tax, and pay other charges and taxes etc of western region including charges for inter regional links/ULDC/NLDC corresponding to 500 MW for the use of its transmission system of Western Region and any addition thereof.;