Court : Appellate Tribunal for Electricity APTEL
..... the financial year 2006-2007. the facts are as follows: 3. the appellant, punjab state electricity board is a deemed licensee for the electricity transmission and distribution in the state of punjab. the appellant also undertakes generation of electricity besides these activities. 4. in terms of sec 62 of the electricity act, 2003, the ..... the concerned categories. under those circumstances, the state commission has worked out the equivalent sale of energy on this account as 62 mu and has accordingly amended figures relating to the metered sales on proportionate basis. this calculation cannot said to be unjustified as the appellant has not been able to furnish any ..... in these categories. under those circumstances, the state commission has worked out the equivalent sale of energy on this account as 62 mu and has accordingly amended figures relating to metered sales on proportionate basis. this calculation is perfectly justified. (ii) with regard to the fact that the state commission in the .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... in appeal no. 251/2007 wherein at paragraph 25, this tribunal has held as under:- 25. concedingly, under the sixth schedule, clause xvii of the electricity (supply) act, 1948 any expenditure properly incurred on the distribution and sale of energy by the licensee is to be permitted. in the absence of any norms specified ..... , no hard and fast rules can be laid for determination of the services of the consultant. such decisions are normally left to the management of the utilities. competition can be created amongst consultants of similar standing and repute by proper evaluation process. 30. in view of the aforesaid we allow the appeal on this issue of ..... on the consequences of such investment to the consumers. the investment made on the earlier years cannot be a basis to restrict investment for the current year 2007 or the following years. the commission overlooked the fact that the appellant being transmission utility transmitting power through out the state for the bulk supply as well .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... for reduction of tandd losses, msedcl has submitted that performance based employee incentive/disincentive scheme is already devised by msedcl and issued on 29.05.2007. further, towards improving efficiency in its operation, msedcl submitted that it has prepared infrastructure work plan covering areas of such reduction in distribution ..... should be considered by the state commission. the appellant has submitted that national electricity policy (nep) stipulates completion of 100% metering by 31.03.2007. therefore, by not achieving full meterisation, msedcl not only failed to comply with the directions of the merc but also violated the provisions of ..... the appropriate state commission shall, subject to the provisions of this act, specify the terms and conditions for the determination of tariff, and in doing so, shall be guided by the following, namely:- (a) (b) .; (c) the factors which would encourage competition, efficiency, economical use of the resources, good performance and optimum .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... state commission for the gas power stations for the period 2004-09. ntpc had only challenged the issue of oandm expenses in appeal no. 11 of 2007 before the tribunal in respect of kawas gps. however, when the central commission later decided to consider the issue, ntpc did not press the matter with ..... before this tribunal challenging the tariff order dated 16.11.2006, including the issue of inadequacy of oandm expenses. however, in the appeal no. 11 of 2007, ntpc submitted that the issue of inadequacy of oandm charges for gas power station is covered in a separate proceeding before the central commission and, therefore, ..... subject to the provisions of this act, specify the terms and conditions for the determination of tariff, and in doing so, shall be guided by the following, namely:- (a) . (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 .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... this is not a case of promotion of market development in the state or procurement of power by the respondent company from a trading licensee through competitive bidding. the power is being supplied by the appellant to the respondent as a successor of upseb against the power purchase agreement with the respondent distribution ..... respondent to the appellant after providing for prudent expenditure and return to the respondent distribution licensee. however, while determining the arr and tariff for fy 2007-08 and 2008-09, the state commission has applied its tariff regulations of 2006. in our opinion the state commission has adopted reasonable and prudent ..... order for determining the bulk supply tariff of the appellant. according to the appellant the sixth schedule has been repealed under section 185 of the electricity act, 2003. the sixth schedule defines various components of expenditure and reasonable return, principle of providing reasonable return to the distribution licensee and in case .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... risk arising out of non- availability of natural gas. the appellant and other developers agreed to the non-usage of alternate fuel till january 1, 2007. the parties proposed amendments to the ppa in accordance with the above agreement and submitted the same before the aperc for its approval. on december 14, 2004, the aperc ..... the appellant.the learned counsel for the apdiscoms submitted that the aperc in giving approval to the amendment of clause 6.2 of the ppa acted according to the provisions of section 11(1) (i) of the andhra pradesh electricity reform act, 1998. in order to appreciate the submission of the learned counsel for the appellant, it ..... will be useful to set out the aforesaid relevant provisions for answer to the question: (1) subject to the provisions of this act, the commission shall be responsible to discharge amongst others, the following functions namely: (i) to regulate the assets, properties and interest in properties concerning or related .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... necessary to refer to the relevant facts to understand this case fully which has got a chequered history. they are as follows. 20. pursuant to the competitive bidding process, the appellant was awarded a contract for the operation, maintenance, management, etc. of the mumbai airport. accordingly, an agreement was entered into between ..... rate of tariff under the category lt-ix, approached the tribunal and filed the appeal challenging the said order. by the order dated 19.12.2007, the tribunal set aside formation of the lt-ix category with high tariff holding that the basis adopted by the state commission by creating such category ..... to be classified separately having regard to the essential nature of their services and also their contribution in the development of infrastructure within the state. (v) the electricity act, 2003 mandates that the appropriate commission has to differentiate between consumers in the process of determination of tariff depending upon (a) load factor, (b) power factor .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... the gridco disinvested 51% of the equity holding in all the accounts of appellant namely wesco, nesco and southco through a process of international competitive bidding. the prospective investors including the present management, i.e. reliance, were provided with the bid documents including the tariff orders of state ..... orissa (wesco) and north-eastern electricity supply company of orissa (nesco) are the appellants herein. 2. challenging the impugned order dated 22.03.2007 passed by the orissa state electricity regulatory commission (state commission), these two appeals have been filed before this tribunal. these appeals relate to the ..... business by gridco to the distribution companies was made pursuant to orissa electricity distribution companies rules 1998. (e) subsequently on enactment of electricity act, 2003, restricting the transmission licensee to engage in the business of trading, the transmission business of gridco was transferred to orissa power transmission corporation .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... rate. the commission said that under legal mandate available to it there was no scope for concessional tariff on the ground of foreign exchange earning potential, competitiveness of the industry, financial viability of the company or even purpose of use. the commission said: we are not prepared to accept the argument advanced ..... treatment given to the aforesaid four favoured units by way of special agreements.29. the appellant contends that a new classification could be permissible under the electricity act 2003 only on account of difference in consumers load factor, power factor, voltage, total consumption of electricity, geographical position, nature of supply and the ..... that no policy directive has been issued despite the fact that state government was entitled to issue policy directives under section 12 (iii) of the reforms act 1995. the commission further found that neither the government of india nor the government of orissa had expressed any intention to make up the revenue loss .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... gas pipelines and city or local natural gas distribution networks, to facilitate open access for all players to the pipeline network on a non-discriminatory basis, promote competition among entities thereby avoiding any abuse of the dominant position by any entity, and secure the consumer interest in terms of gas availability and reasonable tariff for ..... bidding process has to be started in accordance with the regulations in order to select an entity in a prospective and objective manner through the process of competitive bidding for the purpose of protecting the interest of the consumers and, therefore, quick steps are being taken for the finalization of the regulations. on the ..... per the procedure prescribed under the regulations to be framed by the board. admittedly, when the applications have been submitted by the appellant on 03.09.2007 the act of 2006 the pipeline policy which was issued by the government on 20.12.2000 were in force. therefore, the appellants contention on the basis .....
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