- (1.) THE petitioner, Unchahar Transmission Limited has filed the present petition under Section 63 of the Electricity Act, 2003 (hereinafter referred to as "the Act") for adoption of transmission charges with respect to the Transmission System for "ATS of Unchahar TPS" (hereinafter referred to as "the Project") comprising of the following elements:
(2.) THE petitioner has made the following prayers: (a) Adoption of Transmission Charges for the Project which has been discovered through competitive bidding process. (b) Allow the Transmission system for System Strengthening in Southern Region for import of power from Eastern Region to be part of Transmission Service Agreement approved by the Hon'ble Commission under PoC Charges Regulations (Sharing of Inter -state Transmission Charges and Losses Regulations 2010). (c) Pass such other order/orders, as may be deemed fit and proper in the facts and circumstances of the case. The petitioner has submitted that the Central Government in exercise of the powers under Section 63 of the Act has notified the "Tariff Based Competitive Bidding Guidelines for Transmission Service" (hereinafter referred to as "the Guidelines") vide Government of India Ministry of Power Resolution No. 11/5/2005 -PG(i) dated 17.4.2006. The petitioner has further submitted that Ministry of Power vide its notification No. 15/1/2011 -Trans, dated 8.10.2012 notified REC Transmission Projects Company Limited (hereinafter referred to as RECTPCL) as the Bid Process Coordinator (hereinafter referred to as "the BPC") for the purpose of selection of bidder as Transmission Service Provider (TSP) to establish the transmission system for 'ATS of Unchahar TPS' on Build, Own, Operate and Maintain (BOOM) basis through competitive bidding in accordance with the Guidelines.
(3.) THE petitioner company was incorporated on 17.12.2012 by RECTPCL as its wholly owned subsidiary to take steps for execution of the transmission project and subsequently to act as the Transmission Service Provider after being acquired by the successful bidder.;