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Judgment Search Results Home > Cases Phrase: competition amendment act 2007 section 24 amendment of section 31 Sorted by: old Court: appellate tribunal for electricity aptel Page 2 of about 587 results (0.057 seconds)

Jan 22 2007 (TRI)

The Rpp Limited Vs. Transmission Corporation of A.P.

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2007)LCAPTEL56

1. By this Order we propose to dispose of the Execution Applications No. 1 of 2006 and 2 of 2006; I.A. Nos. 175 of 2006 and 192 of 2006.2. By Order dated 11^th May, 2006, we had disposed of Appeal No. 47 of 2006 with the following observations and directions with the consent of the parties: Having regard to the aforesaid statements of the learned Counsel for the parties, we direct that the aforesaid banked energy shall be permitted to be supplied to the aforementioned parties in addition to existing parties for whom permission has already been given to the Appellant for supply of the banked energy. The embargo for the months of April, May, June and July of 2006, will not apply in the case of the Appellant and there shall be no banking charges. Insofar as the question as to how much balance energy to the credit of the Appellant stands banked with the Respondents 1 to 5 shall be determined by the parties with mutual consultation and agreement. We also direct the Respondents 1 to 5 to de...

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Oct 25 2007 (TRI)

Uttar Pradesh Power Corporation Vs. Noida Power Company Ltd. and Uttar

Court : Appellate Tribunal for Electricity APTEL

..... nor voidable and hence the uppcl is entitled to its dues under the contract. section 60 electricity act 2003, market domination / competition: 66. the commission has referred to section 60 of the electricity act and to the effect of the transaction in question on competition.neither of the two parties have referred to section 60. during arguments npcl has ..... , 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 of the tariff ..... . the commission further directed the parties to find an amicable solution. it also directed npcl to arrange for alternative sources of power by 31st january, 2007. the matter was taken to the high court and under the orders of the high court, npcl deposited further sum of rs.5 crores and uppcl continued .....

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May 07 2008 (TRI)

Jindal Steel and Power Ltd. Vs. the Chhattisgarh State

Court : Appellate Tribunal for Electricity APTEL

..... supreme court in the 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 act and rules and regulations made thereunder and to any consumer subject to regulations made under sub-section (2) of section 42.60. the next question tha ..... electricity policy (nep for short). para 5.4.7 dealt with the eligibility 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 out distribution zones while restructuring the government utilities. for grant of second and .....

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May 08 2008 (TRI)

Small Hydro Power Developers' Vs. Transmission Corporation Of A.P.

Court : Appellate Tribunal for Electricity APTEL

..... deviation of the norms, other than the norms regarding operation and plant load factor. to give effect to the national policy, both electricity act as well as supply act were amended by act 50 of 1991, dated 27th september, 1991 specified in this notification subject to the conditions specified therein. falling in line with the national ..... reduce the capital 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 .....

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May 08 2008 (TRI)

Uttar Pradesh Power Corporaton Vs. Noida Power Company Ltd. and Uttar

Court : Appellate Tribunal for Electricity APTEL

..... pointed out, 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 separate judgment has taken ..... 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 ..... of the npcl making its business unviable and hampers competition in procurement of electricity and is 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 .....

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May 12 2008 (TRI)

Uttar Pradesh Power Corpn. Limited and Another Vs. Noida Power Corpn. ...

Court : Appellate Tribunal for Electricity APTEL

..... nor voidable and hence the uppcl is entitled to its dues under the contract. section 60 electricity act 2003, market domination/competition: 66. the commission has referred to section 60 of the electricity act and to the effect of the transaction in question on competition. neither of the two parties have referred to section 60. during arguments npcl has ..... opinion is expressed with respect to quantum of reward arising out of the dispute, which is required to be resolved by the commission. 75. this disposes of appeal no. 26 of 2007 and 36 of 2007, but with no order as to costs. mr. h.l. bajaj, technical member opinion these appeals were heard by honble iind ..... been pointed out, 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 separate judgment has .....

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Mar 03 2009 (TRI)

Uttar Pradesh Rajya Vidyut Utpadan Nigam Ltd. Lucknow Vs. Uttar Prades ...

Court : Appellate Tribunal for Electricity APTEL

..... 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 ..... t in the order dated march 26, 2007 the commission has itself recognized its power of granting relaxation of norms (regulation 13 of the uperc tariff regulations). the commission by notification dated march 19, 2008 has amended its earlier tariff regulations and has ..... 2007-08. 16. he submitted that the norms for operation of old generating stations such as obra a, obra b; harduaganj, pankhi and parichha pending randm be directed to be considered and determined in a pragmatic manner keeping in view the following aspects:(a)the normal life of the thermal power 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 .....

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Apr 08 2009 (TRI)

M/S G.V.K. Power (Goindwal Sahib) Ltd. Andhra Pradesh Vs. Punjab State ...

Court : Appellate Tribunal for Electricity APTEL

..... 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 power purchase agreement on april 17, 2000 and thereafter, in january, 2007, both the parties initialed a draft amended and restated power purchase agreement (hereinafter called draft amended and restated ppa) which is to be entered into after completion ..... appellant in the state of punjab. 2. facts of the case to the extent relevant for this appeal are briefly given below:- 3. the appellant, m/s gvk power (goindwal sahib) limited is a company incorporated under the provisions of the companies act with the object of engaging in the business of establishing, maintaining, operating a thermal power station at goindwal sahib in the state of punjab and for supplying electricity from the said station. 4. the government of punjab invited bids from prospective .....

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Oct 09 2009 (TRI)

Bangalore Electricity Supply Company Ltd. Vs. Karnataka Electricity Re ...

Court : Appellate Tribunal for Electricity APTEL

..... maximum per unit cost of procurement from sources other than the renewable energy sources. we order accordingly for the tariff year 2007-08. however, for the tariff years 2008-09 and 2009-10, the commission is directed to allow the actual purchase cost of energy from renewable sources as the amended regulations (supra) require a minimum percentage without specifying any maximum limit from the renewable sources. issue no. 9: ..... act. therefore, in view of the earlier decision of the tribunal the commission has determined differential tariff for different distribution licensees. analysis and decision 27. the determination of tariff for each distribution licensee is based on the cost and expenses, power availability for the particular distribution licensee, consumer base and consumer mix of the distribution licensee, their efficiency of operations, distribution losses etc. etc. in order to encourage efficient operation, it is only necessary that the different licensees have competition .....

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May 06 2010 (TRI)

In the Matter Of: Madhya Pradesh Power Trading Company Ltd Vs. Madhya ...

Court : Appellate Tribunal for Electricity APTEL

..... issued by the government of india under the provisions of section 63 of the electricity act, 2003. 7. in pursuance of the above, the appellant initiated process for procurement of 2000 mw of power through the tariff based competitive bidding process. the appellant prepared a competitive bidding documents in terms of section 63 of the electricity act, 2003 and in accordance with the competitive bidding guidelines issued by the government of india. thereupon on 22.03.2007, the appellant filed a petition in petition no. 10/07 before the state ..... specified period or the time at which the supply is required or the geographical position of any area, the nature of supply and the purpose for which the supply is required. (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 of any fuel surcharge formula as may be specified. (5) the commission may require a licensee or .....

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