Court : Appellate Tribunal for Electricity APTEL
..... national electricity policy notified by the central government, emphasized the need to promote the power market development that would make it feasible to finance projects with competitive generation cost outside the long term power purchase agreement framework. the power exchanges have been recognized as one of the avenues of power market development helping ..... quoted below: clause 1.4: these bye laws shall at all times be read subject to the provisions of the electricity act, 2003 hereinafter referred to as ea, 2003) as amended from time to time and directives, orders, guidelines, norms and circulars issued by the central electricity regulatory commission or government of india ..... and ultimately gave final approval to the appellant as it was satisfied that the appellant fulfilled the requirement of the guidelines by the order dated 31.8.2007. (vi) pursuant to the above, the appellant finalized the bye- laws and rules in accordance with the guidelines issued by the central commission and .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... consumer amongst thousands of consumers attached to different distribution licensees in a particular area or areas. unquestionably, the matter requires an interpretation or clarification or amendment of the order by the commission alone on the ground that its categorization leaves scope for confusion. the commission states that the respondent no. 3 ..... that it was purely a dispute between a consumer and a distribution licensee. in polyplex corporation ltd., ghaziabad vs. uttrakhand power corporation ltd. reported in 2007 aptel 115 we find that it was explicitly a billing dispute. obviously, this tribunal held that the approach to the said commission was wrong. in dakshin ..... running on commercial basis or otherwise do not find mention in express words in either of the three categories. there is word etc. that can act as esjusdem generis to include a private educational institution, if according to the commission the categorization of htp-ii(a) would include all such private educational .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... -wise cost of supply should have been within 20% of the cost of supply at the respective voltage of supply. the legislature by amending section 61(g) of the electricity act by act 26 of 2007 by substituting eliminating cross subsidies has expressed its intent that cross subsidies may not be eliminated. 17. the tariff policy provides that the ..... ) regulation, 2009 and to permit the railways to deposit in terms of bank guarantee in place of cash/bank draft till the said amendment? as regard the issue of exemption from security deposit, the electricity act, 2003 does not exempt consumers like railways from maintaining security deposits. regulation 1.6 and 1.7 of the mperc (security deposit) regulation ..... fy 2006-07 and was removed for railway traction to be fixed on single part tariff from fy 2007-08 to 2009-10. considering clause 8.4.1 of the national tariff policy and section 45(3) of the electricity act, 2003, we observe that the impugned order of the state commission of two part tariff is .....
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
..... generating station to the designated 33 kv sub-station of the distribution licensee yet 2% wheeling charges have been specified in the tariff order dated 15.5.2007. iv) amendment in deemed generation based on the concurrence given to the solar projects by the state commission needs to be considered. v) third party sale and rec ..... and also sought third party sale and rec benefits. the appellant wants that the state commission should re-determine project specific tariff under section 62 of the electricity act, 2003. 14. we find that the state commission as per section 86(1)(e) has to promote co-generation and generation of electricity from renewable sources ..... specifies as under: 6.4 non-conventional sources of energy generation including co-generation: (1) pursuant to provisions of section 86(1)(e) of the act, the appropriate commission shall fix a minimum percentage for purchase of energy from such sources taking into account availability of such resources in the region and its impact .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... explicitly encourage prospecivity o discourage retrospectivity. sub section (4) of section 62 reads as under: no tariff or part of any tariff may ordinarily be amended more frequently than once in any financial year except in respect of any changes expressly permitted in terms of any fuel surcharge formula as may be specified 18 ..... decrease at any time. keeping this point into consideration, the act permits to revise the tariff on account of fuel price variation, section 62(4) of the electricity act, 2003 mandates: 62 (4) no tariff or part of any tariff may ordinarily be amended more frequently than once in any financial year, except in respect ..... of any changes expressly permitted under the terms or any fuel surcharge formula as may be specified. on considering all the facts mentioned above, rice-husk procurement price of cspgcl for 2007 .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... and transmission licensees; ii) the generation, transmission, distribution of and supply of electricity are conducted on commercial principles; iii) the factors which should encourage competition, efficiency, economical use of the resources, good performance and optimum investments; iv) the safeguarding of consumers interests and the recovery of the cost of electricity ..... directions for carrying out studies and collection of data required for implementation of the directions of the tribunal. 18. further, in the tariff order 2007-08, the state commission has not been able to determine category-wise cost of supply and resultant impact of cross subsidization. in fact, the ..... the impugned order has not taken into consideration the various principles while dealing with the tariff related issues in terms of section 61 of the act 2003. the state commission being an independent regulatory authority is supposed to be guided by the following factors: i) the principles and methodology specified .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... amendment act, 2003, scope of application of prudency has been restricted only to defining additional requirements of capital adequacy, credit worthiness and code of conduct. therefore, the requirement of minimum area as specified under rules 2005 apparently runs contrary to the spirit of the main act. the national electricity policy also only provided that the competition ..... board, mussoorie (1985) 2 scc 16 at para 7; (iii) lic v-escorts (1986) 1 scc para 61 to 63 (iv) puravankara projects ltd v-venus international (2007) 10 scc 33 para 18, 19, 22, 24, 30, 37; (v) atlas cycle industries ltd-v-state of haryana (1979) 2 scc 196 paras 19-22, 32. ..... of minimum area for grant of distribution license finds mention only under the explanation given in the rules, 2005. since under the provisions of the electricity (amendment) act, 2003 the scope of application of proviso has been restricted only to defining the additional requirement of capital adequacy, credit worthiness and code of conduct, the .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... ) constitutes about 20-50% of the input cost in the appellants industry and therefore constitutes the principal cost of manufacture. the uninterrupted supply of electricity at competitive rates is essential for the sustenance of the industries in the state of bihar. (d) that the appellant had earlier challenged the tariff order dated 26.08 ..... has no other recourse for meeting the gap between its revenue and expenditure?. 23. the learned counsel for the appellant has cited the judgment dated 23.05.2007 passed in appeal no. 265 of 2006 in the case of north delhi power ltd. vs. delhi electricity regulatory commission on the point of truing up. ..... reasons for arriving at the said finding. this issue is also decided against the appellant. 33. issue no. f this issue relates to implementation of electricity act, national tariff policy, national electricity policy and judgments of this appellate tribunal while dealing with the cross subsidies to categories such as kutir jyhoti and irrigation. the .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... for fy 2008-09 and tariff for fy 2009-10 of the appellant. the appeal was subsequently amended to challenge the state commissions orders dated 19.1.2010 and 5.3.2010 regarding true up for fy 2005-06 to fy 2007-08 and provisional true up for fy 2008-09 of the financials of the appellant. 3. the ..... was correct in inviting public suggestions and objections on the re-determination of tariff/true up on the direction of the tribunal. firstly, we will examine section 64 of 2003 act relating to procedure to be followed for tariff order. the relevant clauses of section 64 are reproduced below: 64. procedure for tariff order. - (1) an application for ..... expenditure for the financial year ending march 31,2005: provided that in case of a generating company formed as a result of a transfer scheme under section 131 of the act, the date of the said transfer scheme shall be the effective date instead of april 1, 2004 for determination of equity capital under clause (b) above. exaplanation- for .....
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