Judgment Search Results Home > Cases Phrase: competition amendment act 2007 section 24 amendment of section 31 Court: appellate tribunal for electricity aptel Page 12 of about 238 results (1.175 seconds)

In the Matter Of: M/S. Tata Steel Limited, Mumbai and Others Vs. Oriss ...

Court : Appellate Tribunal for Electricity APTEL

..... electricity and also reduces cross subsidies in the manner specified by the appropriate commission by an amendment under electricity (amendment) act, 2007 w.e.f. 15.6.2007. thus the intention of the parliament in amending the above provisions of the act by removing provision for elimination of cross subsidies appears to be that the cross subsidies may be ..... then the tariffs have to be based on the cost to supply a consumer category. however, it is not the intent of the act after the amendment in the year 2007 (act 26 of 2007) that the tariff should be the mirror image of the cost of supply of electricity to a category of consumer. 18. section 62 ..... charges for the distribution system assets and oandm expenses, etc. due to complexities involved in determining the segregated cost of service and in light of amendment of 2007 of the act removing the provision for elimination of subsidies. 37. we, however, direct the state commission to determine the cross subsidy for each consumer category after .....

Uttar Pradesh Power Corporation Ltd. (Formerly Uttar Pradesh State Ele ...

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 .....

M/S. Penna Electricity Ltd., Chennai Vs. Tamil Nadu Electricity Board ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... the appellant is the generator. the power generation project of the appellant which was selected by the tamil nadu industrial development corporation limited through the tariff based industrial competitive bidding process as a diesel generator based power project with hsfo as fuel. this was in the year 1996. (ii) in respect of this power project, ..... power plant and the appellant developed the power plant called m/s. arkay energy limited (energy) rameswaram. both the new plants were commissioned during the year 2007. it is pertinent to note that the availability of gas to all the consumer in the perungulam region started to reduce. the appellants new power plant has ..... appellant during the pendency of drp no.14 of 2010 praying for the direction for the amendments to ensure and insulate the operation of the generating station so that the station would be functional in alignment within the electricity act, 2003 and regulations. 27. while discussing this issue, let us see the question framed .....

Kerala High Tension and Extra High Tension Industrial Electricity Cons ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... supply of electricity and also reduces cross subsidies in the manner specified by the appropriate commission by an amendment under electricity (amendment) act, 2007 w.e.f. 15.6.2007. thus the intention of the parliament in amending the above provisions of the act by removing provision for elimination of cross subsidies appears to be that the cross subsidies may be ..... followed, then the tariffs have to be based on the cost to supply a consumer category. however, it is not the intent of the act after the amendment in the year 2007 (act 26 of 2007) that the tariff should be the mirror image of the cost of supply of electricity to a category of consumer . 19. the national ..... tribunal in the various cases. 47. the findings of the tribunal in the various cases are summarized as under keeping in view the amendment made in the electricity act, 2003 in the year 2007: i) the pooled power purchase cost from all sources of supply to the distribution licensee has to be used for determination of cost .....

Reliance Infrastructure Limited, Mumbai Vs. the Maharahtra Electricity ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... demand of goods is distinctly homogenous throughout the country, and considering the absence of any regulatory trade barriers." b) whether the following decision is contrary to the competition act, 2002 for determining the relevant market for distribution business? "thus, as per the criteria laid down for identification of the relevant geographic market, the market ..... the genuineness of these documents has not been questioned or disputed by the appellant. but, the appellant strenuously submits that except the order dated 23.4.2007 passed by the state commission; other orders have not been referred to and considered by the state commission in the impugned order. he has also cited the ..... suppliers as the licensee has been purchasing as on the date of issue of these conditions. 1. the next order is myt tariff order dated 23.4.2007 passed by the state commission for the appellants distribution business giving the direction. the relevant portion is as follows:- r. as regards the short term power .....

In the Matter Of: Lanco Amarkantak Power Ltd., Vs. Haryana Electricity ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... tariff pool mechanism provided under the psa was in violation of section 62(6) of the electricity act,2003. v) however, on 15.11.2007 haryana power(r-2) again filed a petition for review of the order dated 31.10.2007 on the basis of the certificate obtained from power finance corporation certifying that the psa qualifies for ..... state commission seeking for the directions to the haryana power, r-2 to purchase electricity at a tariff calculated in accordance with cerc regulations,2009 and enter into amendments to the psa to reflect the revised tariff in view of the force majeure events and requested the state commission to revise tariff under the psa. xi) however ..... for directions to the haryana power,r-2 to purchase electricity at a tariff calculated in accordance with the cerc regulation,2009 and further to enter into the amendments to the psa to reflect the revised tariff, but the haryana power,r-2 filed a reply before the state commission prayed outright dismissal of the petition filed .....

Bses Rajdhani Power Ltd. Vs. Delhi Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

..... electricity industry in an efficient, commercial, economic and competitive manner in the national capital territory of delhi. under section 3, the delhi electricity regulatory commission has been constituted to exercise the powers conferred on it and to perform the functions assigned to it under the said act.9. section 11 enumerates the functions of the ..... from rs.2600 crore to rs.3450 crore based on assumptions about key parameters which were not provided to the commission at the time of issuance of amendment to the policy directions. subsequently, the gnctd provided the copy of financial restructuring plan prepared at the time of privatization upon a specific request from ..... as if the same is repayable or to be realized or salvaged or set off during the transitory period, viz., the period ending with 31st march, 2007, unless an extraordinary tariff upward revision is to be allowed. in fact no amortization schedule and other details been provided for. same challenge squarely applies even .....

Mula Pravara Electric Vs. Maharashtra Electricity

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2008)LCAPTEL135

..... applicable to generating companies and transmission licensees; b. the generation, transmission, distribution and supply of electricity are conducted on commercial principles; c. the factors which would encourage competition, efficiency, economical use of the resources, good performance and optimum investments; d. safeguarding of consumers' interest and at the same time, recovery of the cost of ..... retail sale to the consumers in the area of such persons would be as determined for the licensee by the appropriate commission. 9.15. if not determined competitively, the bpp should be set on a normative basis based on representative consumer mix and should not vary on a case-to- case basis. the bpp ..... 's application for tariff and that the functions of commission are distinct under the act and in the circumstances, commission had to revise the tariff of the appellant in order to bridge the revenue gap in order dated february 23, 2007 in case no. 51 of 2005.37. responding to the allegation that the .....

isn International Co. Pvt. Ltd. Vs. Central Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

..... build, own and operate basis and discussions you had with government. i am directed to inform you that your offer for partabpur thermal power project along with subsequent amendments has been approved by the government with the following conditions: 1. that you will initial ppa for partabpur project with upseb within a month of receipt of this ..... accordance with the guidelines issued by the central government," to meet the conditions of section 63 of the act. for a slew of other reasons also, the tariff proposed in the petition by the petitioner cannot be said to have been result of competitive bidding process. when the proposal was invited, the state of up was the only beneficiary. however, ..... with a prayer for fixing tariff as agreed to and included in the ppas subject to adoption and approval by cerc. the impugned order dated 23rd march, 2007 was passed on this tariff petition. the appellant sought a review of this order. the review petition was dismissed vide an order dated 27th august .....

Jindal Steel and Power Ltd. Vs. the Chhattisgarh State

Court : Appellate Tribunal for Electricity APTEL

..... notify within three months, the requirements for compliance by applicant for second and subsequent distribution licence as envisaged in section 14 of the act. with a view to provide benefits of competition to all sections of consumers, the second and subsequent licensee for distribution in the same area shall have obligation to supply to all ..... of a second license on the distribution area of one preexisting license which is as under: 5.4.7. one of the key provisions of the act on competition in distribution is the concept of multiple licenses in the same area of supply through their independent distribution systems. state governments have full flexibility in carving ..... maharashtra state electricity board case (supra). it is also our duty to point out that section 9 has since undergone a change in 2007. with amendment coming into force, no license is required under the act for supply of electricity generated from a captive generating plant to any licensee in accordance of provisions of this .....