JINDAL POWER LIMITED, RAIGARH, CHHATTISGARH Vs. JINDAL POWER LIMITED, RAIGARH, CHHATTISGARH AND ORS.

JUDGEMENT

(1.) IN the instant petition, the petitioner, Jindal Power Limited (JPL) has sought approval of tariff in respect of 400 kV JPL Tamnar -PGCIL Raipur D/C line and 2 Nos. 315 MVA, 400/220 kV transformer along with 4 Nos. of 400 kV bays and 2 number of 220 kV bays for the period from date for 2011 -12, 2012 -13 and 2013 -14, based on the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009, as amended from time to time (hereinafter referred to as "the 2009 regulations"). Regulation 5 of the 2009 regulations provides as under: -

(2.) AS per Regulation 5(4) of the 2009 regulations, the Commission may in its discretion grant provisional tariff if an application has been filed under Regulation 5(1) and (2) of the 2009 regulations. Regulation 5(1) of the 2009 regulations provides that the application for tariff should be made in accordance with the Central Electricity Regulatory Commission (Procedure for making of application for determination of tariff, publication of the application and other related matters) Regulations, 2004 (hereinafter referred to as "2004 regulations"). Regulation 5(2) of 2009 regulations provides that the application shall be made as per Appendix to the 2009 regulations.

(3.) THE date of commercial operation of the transmission system is prior to 1.4.2009. However, the petitioner was granted licence by this Commission on 9.5.2011. Accordingly, the tariff is being determined in respect of the transmission system from 9.5.2011 till 31.3.2014.