Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... of traffic, therefore at some point of time there may be case that there will be very small load on system, which will cause power factor to go down, hence gives very strong justification for penalizing railways for power factor below 0.85 and not 0.9 (q) that the impugned tariff order has ignored that the electric traction system designed with single-phase system is in line with established international practice. ..... accordingly, some state commissions, like andhra pradesh electricity regulatory commission (aperc) and chhattisgarh state electricity regulatory commission (cserc) in the country decreased the tariff for railway traction and other eht consumers during the period but the learned madhya pradesh electricity regulatory commission (mperc) has continued with the same tariff and never tried to ..... 10.2 the circular issued by the ministry of energy, government of india dated 1.5.1991 for providing electricity for railway traction at reasonable price or any other policy directions issued under section 108 of the electricity act, 2003, relating to fixation of tariff, are not binding on the state commission and the powers of the state commission, in the matter of determination of tariff, ..... 61(g) of the electricity act, 2003 contemplates that the tariff progressively reflects the cost of supply of electricity and also reduces and eliminates cross subsidies within the period to be specified by the appropriate commission. ..... 78/2005, 148/2007 and 124/2008 in the matter of union of .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... xvi) that the learned oerc, even though kept stable tariff for the period during 2001-2009 but indirectly helped discoms by creating additional revenue from eht consumers including railway like enhancement of pf incentive limits from 0.95 to 0.97, decreasing power factor incentive rate from 1% for 0.5% rise to 1% for 1% rise, enhancement of pf penalty limitations from 0.90 to 0.92, and revision of over drawl penalty ..... is the law, and we are called upon to examine whether the facts have been appropriately appreciated by the state commission and the law as it now stands has been properly ..... 75 of 2011 also had occasion to consider the submissions raised before us by the railways and after going through the provisions of section 62 (3) electricity act, 2003, observed that the perusal of section 62(3) of the act would indicate that while the state commission is debarred from showing undue preference to any consumer, it is left to the discretion of the state commission to differentiate between ..... of meters) regulations, 2006 provides that the appropriate commission shall decide the location of the meter for the consumer directly connected to the inter-state transmission system or intra-state transmission system who have to be covered under abt and has been permitted open access by the appropriate commission or any other system not covered above ..... v) that in terms of section 61(g) of the electricity act, the appropriate commission shall be guided by the objective that tariff progressively .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... indian railway act, 1989 further mandates that prior approval of appropriate authorities under the railway act is required in terms of section 21, 22 and 23 for opening of railways including additional lines. ..... b) the dpr of the project stated that the railway siding at the station will be developed as per the rites study, clearly indicating that the proposed alignment of the railway siding in 2008 rites report duly approved by the northern railway was to be relied upon by the bidder for development of the project. ..... in march 2010, during discussions with northern railway it was made known that the dedicated freight corridor line of the indian railways was coming up north of the existing railway line and that the railway alignment planned in 2008 rites report was to be reassessed. ..... the report received an in principle approval of the northern railway on 5.11.2008 and the conditions of the approval were incorporated in the final feasibility report which was issued by rites ltd. ..... the major changes envisaged in the railway siding scheme are an additional bridge of 45 meters span due to induction of dfc, increase in span of bridge envisaged in the 2008 rites report from 18 meters to 30.5 meters due to crossing of dfc and increase in track length. 50. ..... further the feasibility report, detailed project report and area drainage and hydrology study report, 2008 which were made available to the prospective bidders showed the location of the project site in the seismic zone iii. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... this tribunal in appeal no.171 of 2010 and appeal no.187 of 2010 decided on 5.8.2011 analysed the provisions of section 62 (3) to emphasize upon the point that while determining the tariff, the appropriate commission cannot show undue preference to any consumer and whatever differentiation is permissible is only in terms of parameters laid down in the provisions itself and the commission has no jurisdiction to direct a distribution ..... direct the licensee to charge a certain consumer at a rate different from the applicable rate, the tribunal upon examination of the provision of section 62 (3) of electricity act, 2003 observed that the act does not permit the commission to show undue preference to any consumer but differentiation is possible only within the parameters laid down in that section itself and it was ..... of the commission by holding that in respect of supply of surplus power of the cgp steel company to the cement company at 11 kv, the appropriate tariff would be according to the act, 2003, commissions tariff order and the supply code, 2004, the ht tariff. ..... levied cross subsidy surcharge the cement company approached the commission through the case no 10 of 2008 against the wesco praying for not charging cross subsidy surcharge because it was a captive consumer and ..... for the railways, the purpose of supply of electricity is to maintain its operation at the existing level except for the nominal increase by the year whereas the purpose of supply of electricity to ..... northern railway .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... in construction of the transmission lines by ctu, while recommending the case of adhpl for sanction under section 68 of the act to construct its dedicated transmission line till panarsa, had advised ministry of power as under: (i) while finalizing the corridor of the proposed allain duhangan nalagarh 220 kv d/c line, adhpl should ensure that their corridor is appropriately coordinated with respect to the corridor identified by powergrid for the 400 kv transmission lines in the area planned for ..... central government by the above letter approved the dedicated transmission system of malana-ii of the respondent no.1 and its inter connection to the dedicated transmission system of the appellant considering the decision take in a meeting convened by chairman, cea on 10.4.2008 wherein it was decided that malana-ii should proceed to tie up evacuation of their power through 220 kv allain duhangan nalagarh line of the appellant ..... the same is reproduced below: (5) appropriate government" means, - (a) the central government, - (i) in respect of a generating company wholly or partly owned by it; (ii) in relation to any inter-state generation, transmission, trading or supply of electricity and with respect to any mines, oil-fields, railways, national highways, airports, telegraphs, broadcasting stations and any works of defence, dockyard, nuclear power installations; (iii) in respect of national load despatch centre; and regional load despatch centre; (iv) in relation to any works or electric .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... in accordance with the provisions of regulations 33 of the haryana electricity regulatory commission (terms and conditions for determination of wheeling tariff and distribution and retail supply tariff) regulations, 2008, the cross subsidy surcharge shall be payable by all intra-state open access consumers except those persons who have established captive generating station and availing open access for carrying the ..... category average cost of supply in respect of dhbvn and uhbvn(paise /unit) current tariff (paise /unit) cross subsidy (paise /unit) 1.ht industry337409722.street lighting378415373.railway traction310385754.bulk supply31140998the cross subsidy surcharge for the financial year 2011-12 has been determined by the commission in accordance with the provisions of the national tariff policy that the ..... 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 ..... 2011 northern railways vs herc, ..... railways ..... british railways board(1972 (2) wlr 537) lord morris said: "there is always peril in treating the words of a speech or judgment as though they are words in a legislative enactment, and it is to be remembered that judicial .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... (e) that thereafter, the appellant/petitioner filed petition no.138 of 2009 for determination of impact of additional capital expenditure incurred in respect of generating station during the period 2008-09 and the central commission, vide its order dated 19.2.2010, revised the annual fixed charges for the generating station, after exclusion of un-discharged liability of 1275.17 ..... in these circumstances, the above claim is most appropriate to be considered under regulation 44 of the tariff regulations, 2009, if regulations 5, 6, 7 and 9 do not cover the ..... before coming to this legal issue, we deem it appropriate to reproduce regulation 9 of tariff regulations, 2009 as follows ..... was procuring coal, besides the lingaraj mines, from other mines such as ib valley, talchar coal field and the appellant/ntpc had been using the locos and wagons from the indian railways for transportation of coal from such other mines. ..... the present appeal has been filed, under section 111 of the electricity act, 2003, by the petitioner/appellant ntpc limited against the order dated 28.05.2013, passed by the central electricity regulatory commission (hereinafter called the central commission) in ..... the consideration of passing on the benefit to the beneficiaries is an irrelevant act because the said claim would squarely fall within the ambit of change in law in regulation 9(2)(ii) of the tariff regulations, 2009, which regulation 9 (2) (ii) does not say that the expenditure will be allowed only if there is .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... before dealing with this issue in the light of the facts and circumstances of the case, it would be appropriate to quote the relevant mandatory guidelines and well laid principles propounded by the various high courts as well as honble supreme court ..... documents referred in the 2nd phase, namely 7.5.2009, 15.5.2009, 19.5.2009, 22.5.2009, 25.5.2009, 25.6.2009, 1.6.2009 and 9.7.2009 would show that the appellant was acting upon the said letter of intent and participated in the tender enquiries issued by several states and constantly updated the outcome of the tender enquiries to the m p ..... the impugned order, the state commission has concluded that a legally enforceable contract in terms of the relevant provisions of the contract act had already come into existence when the letter of intent dated 27.4.2009 was received, accepted and communicated through the letter dated 30.4. ..... disputes between the parties arising out of or in connection with this matter shall be referred to the appropriate commission under electricity act, 2003. 15 .. ..... be scheduled and dispatched as per the relevant provisions of cerc (open access in inter state transmission) regulation, 2008 issued vide cerc notification no.l-7/105(121)/2007-cerc dated 25.1.2008 effective from 1.4.2008 and procedure for reservation of transmission capacity to short term open access dated 28.1.2008, and as amended from time to time (regulations). ..... manager central railway, t. ..... (c) union of india through general manager central railway, t. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... 22.12.2011, passed in tp-8/2011 by the bihar electricity regulatory commission (hereinafter called the state commission) determining arr and retail tariff for fy 2011-12 in exercise of powers under section 61, 62 and 64 of the electricity act, 2003 contrary to the provisions of electricity act, 2003, national tariff policy, bihar electricity regulatory commission (terms and conditions for determination of tariff) regulation, 2007 (in short, regulation, 2007), the recommendations of shunglu committee constituted by the planning commission, government ..... commission) in tp-7/2011 whereby the state commission while truing up the aggregate revenue requirement (arr) for fys 2006-07, 2007-08 and 2008-09 for bihar state electricity board (in short, the board) in exercise of powers under section 61, 62 and 64 of the electricity act, 2003 has passed the impugned order contrary to the provisions of electricity act, 2003, national tariff policy, bihar electricity regulatory commission (terms and conditions for determination of tariff) regulation, 2007 (in short ..... section 62(3) of the electricity act, 2003 postulates that appropriate commission shall not, while determining the tariff under this act, show undue preference to any consumer of electricity but may differentiate according to the consumer's load factor, power factor, voltage, total consumption of electricity during any specified period or the time at which the supply is required or ..... 153 of 2012 in the matter of east coast railway vs. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... directed the state commission to follow its tariff regulations including provisions for advance against depreciation (aad) and on that basis, the appellant has worked out the depreciation as per the state commissions regulations, 2008 and however, the state commission has not followed those regulations and therefore, the commission may be directed to allow an amount of rs.1392.81 million towards depreciation for the financial year 2012-13 and an amount of ..... rs.1200.37 million towards advance against depreciation for the financial year 2012-13 in compliance with its own regulations, 2008 and as per the judgment of this tribunal dated 18.4.2012 in appeal no.102 of 2011, as against the amount of rs.1627.10 million allowed by the state commission under depreciation head. 9. ..... in light of the above discussions, the commission is of the considered view that it will be appropriate to adjust all possible accruals towards reduction of interest cost of these bonds so as to reduce the burden on the electricity ..... of the state commission, the appellant has claimed an amount of rs.481.93 millions towards debt redemption obligation of pf bonds by claiming the same as expenditure in the arr for the financial year 2012-13 under special appropriation head but the same was rejected. ..... the consumers to pay for these liabilities would tantamount to contravention of the act to a certain extent. .....
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