Court : Appellate Tribunal for Electricity APTEL
Decided on : Apr-08-2009
..... 2 herein (hereinafter called pseb). 5. the appellant was selected on the basis of lowest capital cost by the government of punjab under the said international competitive bidding process to build, own and operate the said generating station at goindwal sahib. 6. pursuant to the above the appellant and pseb executed a ..... for supplying electricity from the said station. 4. the government of punjab invited bids from prospective project developers proposals on the basis of an international competitive bidding in the year 1996 to establish a coal based thermal power generation project at goindwal sahib, tarn taran district, punjab. the entire electricity generated ..... the approval of the commission required under the electricity act, 2003. 7. pursuant to the above draft amended and restated ppa initialed between pseb and the appellant, pseb filed before the commission an application being no. 3 of 2007 for approval of the draft amended and restated ppa. the said approval of the commission .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Mar-03-2009
..... the above position and had proposed progressive improvement based on randm work to be carried;(f) the old plants have low fixed charges and per unit charges is competitive compared with new plants and this is great advantage; 17. mr. ramachandran contended that in the circumstances the operating parameters such as plf, auxiliary consumption and ..... decision made by the commission in the first part of para 8 of the order dated october 10, 2007 giving the relief to the appellant. 6. learned counsel contended that by notification dated march 19, 2008, the commission has amended its uperc (terms and conditions of tariff) regulations, 2004 and has gb provided as under with ..... station recognized by the government of india in the notification dated march 26, 1994 issued in exercise of the powers under section 43a of the electricity (supply) act, 1948 (since repealed) is 25 years;(b)the old stations should normally be abandoned after the above life period and new plant established in its place;(c) .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Nov-06-2009
..... power by the distribution licensee in the area of supply and (iii) differential tariff till the non-conventional power cost become competitive. attention is drawn to the provision of section 63 of the act which directs the appropriate commission to adopt the tariff if such tariff is determined through a transparent process of bidding. the tariff ..... not allowed. (ix) sharing of expenditure on grid interface/transmission line: this will be as per the state government policy notified on 28/08/02 and subsequent amendment. (x) term for ppa: period of ppa will be for 10 years from the date of commercial operation with provision for renewal for a further period of 10 ..... orders of the commission. the appeals were heard together as they raise similar issues and are being disposed of by this common judgment. appeal no. 48 of 2007: 02) the appeal is directed against the order of chhattisgarh state electricity regulatory commission (the commission for short) dated 28.02.07 passing a general order fixing .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Jul-21-2009
..... 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
Decided on : Aug-31-2009
..... 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 .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Mar-24-2009
..... be demanded by respondent no. 4, as the transmission charges and wheeling charges are now paid by the petitioner. however, subsequently, notes of argument dated november 21, 2007 have been filed wherein pskl has sought to press only prayer clauses (i) and (ii). 33.0 accordingly, the commission decided issues at (i) and (ii) above ..... also that mseb will not have liability to purchase the power except the power generated during the period of testing and commissioning, in this case till 31.03.2007. 11.1.4 the plant was ready for testing and commissioning and accordingly connectivity agreement was executed with respondent no. 4, maharashtra state electricity transmission company ltd ..... by the commission, provided the commission is convinced that the amendment would help to sustain the operational stability of such purchase and are in conformity with section 86(i)(e) and section 61(h) of the electricity act, 2003. 15.5 the case before us is different. here the parties have a valid epa in .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Jul-31-2009
..... the orders of the honble supreme court as the commissions order was issued in december 2004 and amended/reviewed in february 2005 whereas the order of the honble supreme court was issued only in july 2007. the issue that was raised before and decided by the honble supreme court was that to determine the ..... an opportunity of hearing the appellant, by issuing notice to the appellant. though the proceedings before the state commission are judicial proceedings under section 95 of the electricity act (ea) and the state commission is vested with all the powers of the civil court under the cpc under section 94 of the ea, the state commission ..... commission has neither the authority, nor the jurisdiction to fix the tariff between the parties, namely the consumer the appellant and the generator, the respondent and the act provides jurisdiction to the state commission only to settle the dispute between the licensee and the generating company, and not the consumer and the generator as in this case .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : May-29-2009
..... to the destination of his own use: [provided also that the state commission shall, not later than five years from the date of commencement of the electricity (amendment) act, 2003 (57 of 2003) by regulations, provide such open access to all consumers who require a supply of electricity where the maximum power to be made ..... portion of the power offered by respondent no.1. the terms and conditions of the agreement entered into under section 44 of the electricity (supply) act 1948 were amenable to amendment from time to time. the appellant had right to withdraw the approval given, without assigning any reason and without any liability to pay compensation. ..... generation of electricity through windmills of the firm. 24. the firm shall also be bound by the provisions of the indian electricity act, 1910, electricity (supply) act, 1948, indian electricity rules, 1956 as amended from time to time. 25. the board shall be at liberty to cancel the permission to operate the firms windmill generator .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Oct-09-2009
..... losses etc. etc. in order to encourage efficient operation, it is only necessary that the different licensees have competition amongst themselves to carry out their operations in more efficient manner. in view of this, this tribunal held that ..... in karnataka gazette january 31, 2008 part 3 pages 239, 240 wherein the clause 3 has been amended as under: 11. amendments to the following regulations of kerc (power procurement from renewable sources by distribution licensee) regulations 2004: the ..... different distribution licensees could have differential tariffs for their respective area of operations. the letter dated september 26, 2007 from the government of karnataka to secretary, kerc relied upon by the appellant ends with the following para. ..... the kerc (power procurement from renewable sources by distribution licensees) regulations, 2004 under the provisions of the electricity act, 2003 had been gazetted on october 10, 2004. these regulations were finalized after giving an opportunity to all .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Oct-06-2009
..... bses companies submitted similar replies through letters dated 27.07.2006 stating inter alia: the company had taken due care in awarding the contracts on basis of competitive pricing, services, extended warrants etc. therefore, we do not feel that the sister/group companies would have earned anything but a small reasonable margin like any ..... challenging the regulations. the appellants grievance in this appeal is that the commission instead of following the regulations should have exercised its discretion to amend the regulations. the appellant further contends that the commissions reasoning that tandd loss trajectory can be derived from atandc loss levels given in the myt ..... sales by the commission are in complete disregard of the statutory obligations of the discoms under section 43 of the electricity act, 2003. b) the same growth rate was projected by the appellant for 2007-08 in the myt period which was ignored by derc. however, without stating any reason derc has lowered the projected .....
Tag this Judgment!