Court : Appellate Tribunal for Electricity APTEL
Decided on : May-12-2008
..... there is no rationale in saying that because the uppcl is not adhering to the statutory requirements and has not submitted to tariff filing the commission can amend the bulk supply tariff of npcl. the commission has to use appropriate measures to compel the uppcl to adhere to statutory requirements or to force filing ..... the different co-ordinates of powers and responsibility perform their duties and obligations cast upon them in the act, in letter and spirit, the objects of enacting the act, which includes development of electricity industry and promoting competition therein, would always remain a distant dream. 37. i find that the performance of uppcl in extending ..... . considering the convergence of the outcomes of the consideration of perspectives at [aa] and [bb] above, the impugned order of the commission dated 08 feb. 2007 is set aside, and the case is remanded back to the commission for denovo consideration with directions to resolve the dispute between the parties under section 86(1 .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : May-08-2008
..... the npcl is bound to pay the amount for which uppcl raised the bill. the impugned order to this extent has to be upheld. the part of the order which amends the bulk supply tariff for 45 mw cannot be sustained and has to be set aside. 8. one of us (technical member), on the other hand, in a ..... violative of the clause 5.3.3. of the national electricity policy and clearly attracts the provisions of section 60 of the act providing suo motto power to the commission to issue directions to prevent adverse effect on competition, even if the agreement is valid. 9. the judgment of the technical member sets-aside the impugned order and remands the ..... show that they had any alternative source of power purchase during the period of the contract with uppcl for additional 10 mw i.e. between may, 2006 to february, 2007.8. learned counsel mr. sitesh mukherjee for uppcl further contended that npcl had entered into an agreement after taking into account, the commercial risk involved in the transaction and .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : May-08-2008
..... constitution and treaties, conventions and protocols on the issues relating to environment.69. in order to support conservation of environment, constitution was amended by 42nd amendment act, 1976. by virtue of the amendment, articles 48a and article 51a(g) were inserted in the constitution.article 48a, interalia, provides that the state shall endeavour to ..... cost of projects based on nonconventional and renewable sources of energy. it also points out that the cost of energy can be reduced by promoting competition within such projects. at the same time, it emphasises that adequate promotional measures would also have to be taken for development of technologies and ..... reach the policy directions issued by the state.in chhattisgarh biomass energy developers association and ors. v.chhattisgarh s.e.r.c. and ors. 2007 aptel 711, it was observed that where power purchase agreements between distribution licensees and the generating companies utilizing renewable sources of energy are in conformity .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : May-07-2008
..... 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 .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Dec-19-2008
..... respondents are both commercial entities and they have to take their decisions with regard to purchase of power depending upon their requirements and availability of power at competitive rates. as brought out above the power purchase agreement between the two parties cannot be influenced by the third party as the consequences of the agreement ..... association and the aptransco are binding upon aprransco. these directions provided for corresponding increase in quantum of export to grid due to reduced captive consumption and for amending the existing ppas. accordingly, standard ppa approved by the commission vide letter dated april 03, 2003 provides for reduction in captive consumption and purchase of ..... has challenged order dated september 14, 2007 of the commission in o.p. no. 6 of 2007. the appellant had, in o.p. no. 6, as petitioner sought for enforcement of directions under section 86(1) (b), 86(1)(e), 86(1) (f), 142 and 146 of the electricity act, 2003 praying the commission to enforce .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : May-09-2008
..... guidelines of govt. of india. this facility is provided to nce- cpp in several states to promote development of green power sources and make them commercially competitive. the government provides promotional and fiscal incentives to attract investment in such environmentally benign sources of energy. the production of energy from wind-based power being not ..... from renewable sources of energy. this call for re-opening of power purchase and wheeling agreements by the commission for suitable amendments in keeping with the provisions of section 86(1)(e) of electricity act, 2003. 11. in view of the above, i hold that the claim of the commission to intervene in the ..... avvn) a distribution company wholly owned by the state government of rajasthan, has challenged the order dated 13 apr. 07 in review petition no. 124 of 2007 and original order dated 04 nov. 2006 in petition no. 100 of 2006 passed by rajasthan electricity regulatory commission (hereinafter to be referred to as the commission .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : May-12-2008
..... 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
Decided on : May-12-2008
..... submitted that the debt equity ratio of the generating station has been determined in accordance with second proviso to regulation 20(2) of the tariff regulations, 2004 as amended and advance against depreciation has been calculated in accordance with regulation 38(ii) (b) of the tariff regulations, 2004. cerc representative submitted that both debt equity ..... and accordingly awarded advance against depreciation as per proviso to regulation 38(ii) (b) which is not correct. hence, the aad granted for the year 2007-2008 and 2008-2009 should be recalculated by the cerc. 36. learned representative for cerc stated that the appellant has alleged that it had accepted the debt ..... the central electricity regulatory commission (terms and conditions of tariff) regulations, 2004 under the powers vested in it under section 178 read with section 61 of the act. the provisions of clause (2) of regulation 36 of tariff regulations, 2004 are extracted as under: 36(2) in case of the generating stations for .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Jan-31-2008
..... of law. before the two appeals could be disposed of by this tribunal, section 9 of the electricity act 2003 was amended and the following proviso was inserted therein: provided further that no licence shall be required under this act for supply of electricity generated from a captive generating plant to any licensee in accordance with the provisions ..... learned sr. advocate appearing for the review petitioner vehemently submitted that the feeder line between the two respondents (appellants in the appeal nos. 20 and 77 of 2007) cannot be part of either the grid or the distribution system and therefore flow of energy from the captive power plant to its neighbour cannot amount to taking ..... also filed review petition no. 32/07 on the same terms.the two review petitions are opposed by the respondents (appellant in appeals no. 20 & 77 of 2007). we have heard all the parties to these two review petitions.7. the review petitioners' must show some error apparent on the face of the judgment in order .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Jul-10-2008
..... quarterly has to be read in the context of the whole regulation. the regulation is merely laying down the frequency in which a tariff may be amended. the idea is to maintain stability in the tariff. normally, the regulation provides, the tariff should not change more than once in a financial year ..... the situation and a letter of the additional advocate general was sent to this tribunal stating therein: reference to this office fax dated 5.3.2007. it is clarified that rs.391.55 crore fsa liability taken over by the haryana government. was in respect of all categories of consumers. ..... the plea of limitation prescribed by section 56(2) of the electricity act. 11. our attention has been drawn towards regulation no. 4(1) of the tariff regulations 1999 which reads as under: 4(1) no tariff may be amended more frequently than once in any financial year except that tariff rates ..... the appeals have no force and they are accordingly dismissed. pronounced in open court on this 10th day of july, 2007. .....
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