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 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 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 Appellate Jurisdiction
..... with as per the terms of the ppa. 40. ppa was a part of the bidding document in tariff based competitive bidding conducted by the procurer according to section 63 of the electricity act. the competitive bidding guidelines of the government of india provide that the ppa shall be signed with the selected bidder consequent to the ..... by them earlier based on which the approval of the state commission was obtained. 37. as the appellants were not coming forward to sign the ppa without amendment in schedule of supply and price, the distribution licensee by letter dated 26.11.2008 informed the appellant that they were invoking the bid bond/bank guarantee submitted ..... and retendering would be time consuming and may not serve the purpose of meeting immediate power requirement, decision was taken to open the financial bid on 18.2.2007 and subsequently obtain the approval of the state commission. accordingly, after issuing of loi, the rfq-cum-rfp and ppa documents were submitted to state commission for .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... that the commission has to implement its regulations in order to regulate the inter-state transmission of electricity to ensure non-discriminatory open access, to promote competition and protect consumer interests and these activities are aimed at benefiting the distribution licensees and the end consumers. if licence fee is paid for a business ..... is given power to remove any such difficulty by making an order. at times, ' removal of difficulty' clause may empower the government to amend the parent act or any other act with a view to bring the parent act into full operation. its widest extension is to empower the delegate, "if any, difficulty arises in bringing the ..... central transmission utility (ctu) only from 2008-09. since no such cost component was incidental during 1998-99 to 2003-04 and during 2003-04 to 2007-08, the normative oandm rates in the 2004 regulations and 2009 regulations respectively have not captured the costs associated with the licence fee. licence fee has become .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... made by the appellant was contrary to the express provisions of the contract existing between the parties especially when there is no amendment to the said existing contract. (f) section 72 of the contract act specifically provides that any payment made by the parties by mistake of fact can be claimed back. the payment of fixed charges ..... dated 30.3.1992. therefore, the said notification has to be considered while deciding the issue. (f) this notification relates to thermal power generating station awarded through competitive bidding. this notification stipulates that the availability of combined cycle plant gas turbine as 85 to 90% and steam turbines in combined cycle mode as 60 to 65%. ..... there was a clear offer and acceptance without reference to the terms of the ppa with regard to the power supplied from 14.5.2005 to 14.5.2007. ii) the principle of estoppel laid down by the honble supreme court is very much applicable to the present case. therefore, the appellants contention in this .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... correct information regarding seismic zone in the ppa. 23. we find that in the present case the project has been developed under section 63 of the act through tariff based competition bidding case 2 (with pre-identified site) in accordance with the standard bidding guidelines issued by the central government. the object of the guidelines are as ..... any of the following events after the date, which is seven (7) days prior to the bid deadline: (i) the enactment, bringing into effect, adoption, promulgation, amendment, modification or repeal, of any law or (ii) a change in interpretation of any law by a competent court of law, tribunal or indian governmental instrumentality provided such ..... ltd, patiala/pseb based on feasibility report submitted by rites as referred above and revised plan submitted by rites vide their letter no.rites/tande/pfc/nabha/2007 dated 17.10.08 is approved subject to the following conditions: sarai banjara station to be provided with 2 up and 2 dn loop lines at partys .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... compensation, rebate, etc. 11.5 there is nothing on record to show that the parties agreed to amend the ppa allowing procurement of power from alternate sources. the distribution licensees letter dated 31.03.2010 is outside the competitive bidding process and the ppa and is a protem arrangement between the parties. 11.6 appellants claim for ..... parties. therefore, the distribution licensee could not renege on the terms of the said agreement. 4.4 the original ppa and subsequent amendments/modifications are not hit by section 23 of the contracts act, 1872 and, therefore, not unlawful. the provision of alternate source of power supply is available in the case i standard bidding ..... in supplies with respect to schedule, we find that the distribution licensee permitted revision in schedules of supplies twice on account of force majeure conditions caused by acts of the government on 14.12.2009 and 03.02.2010. the distribution licensee by its letter dated 03.02.2010 had agreed to extend the time .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... ) of the said rule is to evolve measures for protection of consumers and promotion of efficiency, economy and competition in the power sector. hence, the forum of regulators is a statutory body under this act and its decisions and findings are to be taken as a guiding principle for taking decisions under the various ..... determination of tariff) regulations, 2004, assuming that the said provision is applicable to tariff-setting. however, conformably to the tariff policy, 2006, the commission have now amended the provision of 7(c)(iii) of the oerc (terms and conditions for determination of tariff) regulations, 2004 vide their notification dated 30.5.2011 after finalisation ..... pay. it has no application in tariff determination. c) the regulation 7(c)(iii) is inconsistent with the tariff policy, 2006 and has, accordingly, been amended to be in line with the provisions of tariff policy, 2006. d) the commission while determining tariff for different categories of consumers has been working out cross .....
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