Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... of licence under section 16; (e) the manner and particulars of notice under clause (a) of sub-section (2) of section 18; (f) publication of the alterations or amendments to be made in the licence under clause (c) of sub-section (2) of section 18; (g) levy and collection of fees and charges from generating companies or licensees ..... commissions while fixing wheeling charges, cross subsidy surcharge and additional surcharge, if any, shall have regard to the spirit of the act as manifested by its preamble. the charges shall be reasonable as would result in promoting competition. they shall be worked out in the light of the above observations made by us. this direction shall also apply to ..... tribunal in the case of b. m. verma vs uerc: 2010 (elr) aptel 108 read with elr (aptel) 800, has held that the letter dated 09.01.2007 issued by secretary of uttrakhand commission was a valid order. xvi. it is settled principle of law that the judgment/ order is binding and enforceable until and unless the .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... 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 ..... from tneb grid for using welding sets during the restricted hours shall be charged at rates specified by the commission from time to time. this amendment only provided an enabling clause for excess demand and excess energy charges but did not give a very clear picture about the scheme of things applicable ..... application. this principle has been laid down in the following decisions: 1) 2009 (2) scc 589 panchi debi vs. state of rajasthan 2) 2007(5) scc 77 vice chancellor md university rohtak vs. jahan singh the power to make regulations under the electricity supply code is contained in section 50 of .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... considered, necessary; and (k) discharge such other functions as may be assigned to it under this act. (2) the state commission shall advise the state government on all or any of the following matters, namely :-. (i) promotion of competition, efficiency and economy in activities of the electricity industry; (ii) promotion of investment in electricity industry ..... power station at dahanu (dtps) in 1995 near mumbai to meet a part of the demand of its consumers. this was in pursuance of an amendment to their distribution license by the government of maharashtra, which mandated setting up of a power plant. under the existing arrangement, rinfra continued to buy ..... course of the examination, the investigating authority looked at carefully whether the steep increase in power purchase costs and corresponding sharp increase in retail tariffs during 2007-08, particularly during 2008-09 was attributable to absence of a long-term power purchase agreement between the parties. if so why it had happened .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... from renewable sources more than the minimum requirement of power purchase from such sources. now, discom may purchase power from companys wind farms at the rate determined through competitive bidding process. therefore, it is agreed to purchase the power from wind farm at the rate at which discom will agree/sign an agreement herein after with any ..... power to the distribution licensee at 85% of rs.3.37 per unit as fixed by the state commission. (j) after execution of this amendment agreement dated 16.7.2011, both the parties have acted upon the same. accordingly, the appellant sold the surplus power to the distribution licensee (r-2) at the rate of rs.85% of rs ..... unit for procurement of power by the distribution licensee in gujarat from the wind energy projects. (e) the wind turbine generator company in question was commissioned on 15.1.2007 and the same would be covered under the tariff order dated 11.8.2006. (f) m/s. british super alloys pvt ltd, the appellant in march, 2011 purchased .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... 2 herein (hereinafter called pseb). 5. the appellant was selected on the basis of lowest capital cost by the government of punjab under the said international competitive bidding process to build, own and operate the said generating station at goindwal sahib. 6. pursuant to the above the appellant and pseb executed a ..... for supplying electricity from the said station. 4. the government of punjab invited bids from prospective project developers proposals on the basis of an international competitive bidding in the year 1996 to establish a coal based thermal power generation project at goindwal sahib, tarn taran district, punjab. the entire electricity generated ..... the approval of the commission required under the electricity act, 2003. 7. pursuant to the above draft amended and restated ppa initialed between pseb and the appellant, pseb filed before the commission an application being no. 3 of 2007 for approval of the draft amended and restated ppa. the said approval of the commission .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... the jurisdiction to re-determine tariff in an appropriate case. b) the tariff agreed in the ppa was not a tariff determined through competitive bidding process under section 63 of the electricity act, 2003 wherein fuel is the sole responsibility of the generator. on the other hand, the tariff was fixed by the state commission under ..... as may be specified by the commission. section 64(6) provides that the tariff order shall, unless amended or revoked, continue to be in force for such period as may be specified in the tariff order. 14. section 61 provides for the terms and conditions ..... commission to determine the tariff for supply of electricity by a generating company to a distribution licensee. section 62(4) of the act provides that the tariff may not be ordinarily amended more frequently than once in any financial year except in respect of any changes expressly permitted under the terms of any fuel surcharge formula .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... from renewable sources more than the minimum requirement of power purchase from such sources. now, discom may purchase power from companys wind farms at the rate determined through competitive bidding process. therefore, it is agreed to purchase the power from wind farm at the rate at which discom will agree/sign an agreement herein after with any ..... power to the distribution licensee at 85% of rs.3.37 per unit as fixed by the state commission. (j) after execution of this amendment agreement dated 16.7.2011, both the parties have acted upon the same. accordingly, the appellant sold the surplus power to the distribution licensee (r-2) at the rate of rs.85% of rs ..... unit for procurement of power by the distribution licensee in gujarat from the wind energy projects. (e) the wind turbine generator company in question was commissioned on 15.1.2007 and the same would be covered under the tariff order dated 11.8.2006. (f) m/s. british super alloys pvt ltd, the appellant in march, 2011 purchased .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... the above position and had proposed progressive improvement based on randm work to be carried;(f) the old plants have low fixed charges and per unit charges is competitive compared with new plants and this is great advantage; 17. mr. ramachandran contended that in the circumstances the operating parameters such as plf, auxiliary consumption and ..... decision made by the commission in the first part of para 8 of the order dated october 10, 2007 giving the relief to the appellant. 6. learned counsel contended that by notification dated march 19, 2008, the commission has amended its uperc (terms and conditions of tariff) regulations, 2004 and has gb provided as under with ..... station recognized by the government of india in the notification dated march 26, 1994 issued in exercise of the powers under section 43a of the electricity (supply) act, 1948 (since repealed) is 25 years;(b)the old stations should normally be abandoned after the above life period and new plant established in its place;(c) .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... 15% from the tariff determined by the commission for the excess energy available after captive use (set off) on the basis of the amendment made in wind power policy, 2007, without applying the competitive bidding rate or rates determined by the commission in order no. 2 of 2006. we further clarify that the order no. 2 of ..... up state electricity board and others (1997) 7 scc 251. vii. the wind power policy (first amendment) 2007 dated 7.1.2009 itself provided as follows:- 19 notwithstanding anything contained in this resolution, the provisions of the electricity act 2003 and gerc regulations, as issued from time to time, shall prevail, for the purpose of implementation ..... wind energy projects. in exercise of the powers conferred under section 181 read with sections 61(h), 62(a) and 86(1)(e) of the electricity act, 2003 (act 36 of 2003) and all other powers enabling it in this behalf, the gujarat electricity regulatory commission (the commission) has determined the price for procurement of .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Reported in : (2008)LCAPTEL203
..... transmission of electricity; (iii) wheeling of electricity; and (iv) retail sale of electricity. this interpretation seems to be in conformity with the purpose of the act as it will encourage competition and will give fillip to the generation of electricity. it will unleash the energy sector which was hitherto strangled and strangulated by controls. it is this evil ..... section by the state commission having jurisdiction in respect of the licensee who intends to distribute electricity and make payment therefor: (6) a tariff order shall, unless amended or revoked, shall continue to be in force for such period as may be specified in the tariff order.35. thus, it is clear from a reading ..... interprets the law and cannot legislate it. if a provision of law is misused and subjected to the abuse of process of law, it is for the legislature to amend, modify or repeal it, if deemed necessary. (see rishabh agro industries ltd. v. p.n.b. capital services ltd.). the legislative casus omissus cannot be .....
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