Court : Appellate Tribunal for Electricity APTEL
..... order dated 6.11.2007 involving approval of the ppa between best and tpc-g recording the failure of the appellant to come up with any long term power procurement arrangement, f) the tariff order dated 4.6.2008 in respect of the appellant wherein it has been noted that the appellant was still unable to enter into a long term ppa, g) the order of the honble supreme court in ..... (2) notwithstanding anything to the contrary contained in section 235 of the companies act, 1956, the investigating authority may, at any time, and shall, on being directed so to do by the appropriate commission, cause an inspection to be made, by one or more of his officers, of any licensee or generating company and his books of account; and the investigating authority shall supply to the licensee or ..... . tpc though earlier committed 100 mw from unit-8 (250 mw) as mentioned in tpc tariff petition for 2008-10, had informed rinfra-d on december 31st 2007 that the 100 mw of unit-8 is already committed to ..... assigned to it, the sixth paragraph of the impugned order dated 9.9.2010 records necessity of vacating the commissions earlier stay order dated 15.6.2009 in case no 121 of 2008 and the last paragraph no 7 is what is called the controversial portion of the order complained of. 21 ..... . rinfra-d explained that based on the load duration curves for the years 2007-08, 2008-09 and 2009-10, the shortfall was only for short duration of a few hours a day during peak hours and the quantum required varied between 0 .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... shall determine the tariff in accordance with the provisions of this act for (a) supply of electricity by a generating company to a distribution licensee: provided that the appropriate commission may, in case of shortage of supply of electricity, fix the minimum and maximum ceiling of tariff for sale or purchase of electricity in pursuance of an agreement, entered into between a generating company and a licensee or between licensees, for a period ..... nos.4 and 7 of 2008 are as follows: prayer in mp no.4 of 2010: the prayer in mp no.4 of 2010 is to punish the respondent by imposing maximum punishment by passing appropriate orders in exercise of powers conferred in sections 142 and 146 of the electricity act, 2003. ..... admittedly, the order dated 28.11.2008, passed in mp no.42 of 2008 and the amendment of the supply code through notification dated 15.12.2008 have not been challenged before the appropriate authority. ..... (directions to licensees): if the appropriate commission is of the opinion that it is necessary or expedient so to do for maintaining the efficient supply, securing the equitable distribution of electricity and promoting competition, it may, by order, provide for regulating supply, distribution, consumption or use thereof under section 30 of the act, state commission shall facilitate and promote transmission, wheeling for the transmission and supply of electricity by economical and efficient utilization of electricity. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... shakti tubes limited vs state of bihar : (2009) 7 scc 673 paras 24-25; (b) binani zinc limited vs kerala state electricity board (2009) 11 scc 244 para 36; (c) kusumam hotels private ltd vs kerala state electricity board and ors: (2008) 13 scc 213 paras 23,24, 36; (d) meghalaya seb vs meghalaya serc and byrnihat industries association: 2010 elr (aptel) 0940, paras 14,35-38; (e) nani sha vs state of arunachal pradesh (2007) 15 scc 406, at page 413 (para 13); ..... of tariff; rather what is being sought by the board is implementation of tariffs from the date when the tariff regulations titled pngrb (determination of natural gas pipelines tariff) regulations, 2008 were notified and brought into force from 20.11.2008 onwards in respect of all entities who were laying, building, operating or expanding natural gas pipelines before the appointed day. ..... context, it would be appropriate to refer to the applicable provisions of the act as well as the ..... dated 11.9.2012, the petroleum board passed the order fixing the tariff as rs.23.99/mmbtu giving retrospective effect from 20.11.2008 being the date of notification of the tariff regulations instead of giving effect from the date of the authorisation ..... according to the learned counsel for the petroleum board, the gujarat petronet applied for authorisation in the year 2008 on the basis that they are operating as a common carrier network and as a common carrier network, the gujarat petronet was under an obligation to charge uniform tariff from .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... in paragraph f of the preamble to the agreement, it is said: a petition for approval of tariff for sale of the above power shall be filed before the appropriate commission and the tariff as approved by such appropriate commission will be applicable for purchase and sale of the above power by ptc based on the cerc norms, subject to the ceilings as agreed upon by the parties in this ..... period not exceeding one year to ensure reasonable prices of electricity; (b) transmission of electricity; (c) wheeling of electricity; (d) retail sale of electricity; provided that in case of distribution of electricity in the same area by two or more distribution licensees, the appropriate commission may, for the promoting competition among distribution licensees, fix only maximum ceiling of tariff for retail sale of electricity. 8. ..... thus, we cannot alter the provisions of section 62(1) of the act by a process of interpretation requiring the appropriate commission to determine the tariff for supply of electricity by a generator to an intermediatory or to a trader or supply of electricity by a distributor to a trader or supply of electricity by a trader to any other person, especially when it is not stated in section 62(1) of the act that the appropriate commission shall determine tariff for supply of electricity by a generator to a trader or an ..... regulatory commission and others in petition no.1 of 2005 reported in 2008 energy law reporter (aptel 203). ..... 102 of 2008 also stands disposed of with ..... 2008. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... section 94 (1) (f) of the act empowers the appropriate commission to review its decisions, directions and orders and provides that they are vested with the same power which is given to civil court under cpc order 47 rule 1, which provides for review on ..... view of the above, we do not find any reasons to interfere with the impugned order dated 10.12.2008 as we endorse the view of the commission that the error was apparent and was readily discernable. ..... the distribution company for continuation of the existing tariff as per the tariff order dated 20.6.2008 read with review order dated 10.12.2008 till the new tariff order for the financial year 2009-10 is passed. ..... as per the tariff order dated 20.6.2008 the commission has admittedly accepted that while truing up the expenses and revenue for the financial year 2006-07 and for the financial year 2007-08 it has estimated additional amounts available to be ..... through this impugned order dated 10.12.2008 the state commission allowed the review petition of the respondent ..... the tariff order dated 20.6.2008 has done away with the additional supply charges (asc) and instead all the power procured are to be pooled and considered while computing the annual revenue requirement (arr) for fixing the tariff. ..... of double accounting of asc revenue on the ground of error apparent on the face of the record and for any other sufficient reasonsand requested the commission to revise the tariff for the financial year 2008-09 to make up the shortfall of rs. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... 8.6 with regard to disallowance of contribution towards contingency reserves, it has been submitted that as per the sixth schedule of the electricity (supply) act, 1948 and the regulations63.7 of the merc tariff regulations, contingency reserves that are appropriated have to be invested in certain approved securities and the income accrued to such investments have to be passed on to the consumers as other income in the aggregate revenue requirement of the distribution business and secondly, the amounts in contingency reserves ..... as efficiency gain it is submitted that law on this point has been made clear in this tribunals judgment dated 15.07.2009 reported in (2009 elr aptel 0622) and certain other decisions including the one dated 28.05.2008 in appeal no.111 of 2008 where it was held that internal funds also deserve interest in as much as the internal fund when employed on working capital losses the interest it could have earned by investment elsewhere and simply because internal ..... business, the issues ventilated are:- a) denial of actual interest rate paid by the appellant on the loan availed of from idfc, b) denial of carrying / interest cost pursuant to judgment dated 15.7.2009 passed by this tribunal in appeal no.137 of 2008, c) difference between normative interest of the working capital and actual interest on working capital on account of cost of its internal funds utilized for funding working capital and alleged wrong interpretation of the judgment dated 15.7.2009 .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... in this context, the appellant has prayed that since the appellants audited accounts (duly audited by the comptroller and accountant general) for the fy 2008-09 are now available, the state commission may be directed to true up the appellants accounts on the basis of candags report and consequently any revenue surplus or deficit be adjusted ..... 12.08.2009 before the state commission would show that the appellant (electricity board) specifically mentioned that the appellant would not propose to reply to the truing-up exercise in respect of fy 2008-09 since the issue before the state commission, as per the order of the tribunal, is relating to the truing-up exercise for fy 2007-08 only. ..... taking up the true-up process separately in respect of the fy 2008-09 taking into account the observations made by this tribunal with reference to the aspects contained therein and pass appropriate orders. 53. ..... the truing-up exercise the commission shall act in accordance with law for giving ..... being the authority to undertake the truing-up exercise, it has resorted to the said exercise in respect of the next year also as there is no bar or restriction to do so either under the act or under the order passed by the tribunal. ..... those authorities are given below:- (i) the court below to which the matter is remanded by the superior court is bound to act within the scope of remand. ..... guided by the national electricity policy and national tariff policy as mandated under section 61 of the electricity act, 2003. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... regulations because both the provisions provide that the formula has to be specified, and section 2(62) clearly says that specified means specified by the regulations made by the appropriate commission or the authority , as the case may be , under this act, but in the instant case the formulae has not been specified by the commission in their regulations, and it is for the first time that the commission brought ..... the respondent no.2, the bihar state electricity board approved levy of fuel and power purchase cost adjustment charges at the rate of 69 paise per unit for the period during october,2008 to march,2009 and the order dated 19.05.2010 whereby the same charges were levied for the period from april 2009 to september, 2009 on the application dated 08.02.2010 filed by the said board. ..... vary word formula which does not find its berth in the impugned order for the first time and which had its origin in the order dated 26th august, 2008 connotes that it is one being the outcome of a mathematical exercise based on a principle made known previously; as such it does not require any public hearing and ..... , not from the approved energy purchased data, a statement showing expenditure on coal and oil related to btps for the period from april 2008 to march 2009 the copy of the regional energy accounting of the eastern region for the period from october 2008 to march 2009 on the basis of which the quantum of power supplied to the board is 64 determined, details of coal purchased from .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... 6) learned counsel contended that section 61(g) of the electricity act, 2003, inter alia, provides that the tariff should progressively reflect the cost of supply and there should be reduction of the cross subsidy as specified by the appropriate commission and that the national tariff policy requires the commission to prescribe a tariff trajectory in a manner that the cross subsidy is reduced to the extent of + ..... have to be brought down by degrees without giving a tariff shock to the consumers..as long as cross-subsidy is not increased and there is a roadmap for its gradual reduction in consonance with section 61(g) of the act of 2003 and the national tariff policy, determination of tariff by the commission on account of the existence of cross subsidy in the tariff cannot be flawed. ..... commission (merc or the commission in short) relating to annual performance review for the financial year 2007-08 and annual revenue requirement and tariff determination for the financial year 2008-09 of maharashtra state electricity distribution company ltd. ..... annual performance review for the year fy 2007-08 and arr and tariff determination for the year fy 2008-09 of the reliance energy ltd. ..... 2008 concerning reliance energy ltd, another licensee in maharashtra, in which order dated june 04, 2008 ..... 2008 ..... the order dated june 20, 2008 in case no. ..... 16 of 2008 in respect of the appellants tariff qua reliance energy ..... 25 of the tariff order dated june 20, 2008). 5) mr. ..... of the tariff order dated june 20, 2008). .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... the above rival contentions urged by the respective counsels, the following questions may arise for consideration: (i) does the electricity act, 2003 mandate that the appropriate commission has to differentiate between the consumers in the process of determination of tariff depending upon the various factors like ..... by this tribunal, cancelling placing of the appellant in the new category ht-ii commercial by setting aside the order passed by the state commission dated 04.06.2008, the state commission has again passed the impugned order dated 24.11.2009 putting the appellant in the same category, namely ht-ii commercial resulting in the ..... . 106/08, the tribunal set aside the findings of the state commission putting the appellant under ht-ii commercial category for the fy 2008-09 holding that it cannot be put under ht-ii commercial category, at par with the other commercial establishments like malls, etc; and that a special category has to ..... . on 26.02.2009, the tribunal allowed the appeal 106/08 and set aside the said order dated 04.06.2008 passed by the state commission to the extent it placed the appellant in the newly created category of ht-ii commercial for the purpose of higher tariff and remanded the ..... ? (ii) was the state commission justified to put the appellant under the ht-ii commercial category for the fy-2008-09 and also to make observation on the tariff made applicable to the appellant under ht-ii commercial category, when the tribunal has given a specific finding .....
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