Court : Appellate Tribunal for Electricity APTEL
..... the context of private sector entering the market. only when the private sector participates in generation, transmission and distribution is the concept of competition relevant. private sector is allowed by the act to undertake the activities of generation, transmission and distribution although for transmission, distribution and trading licence is required. 27) it cannot be ..... asked for transmission licence for the afore mentioned lines vide an application dated 25.08.07 which was registered as petition no. 22(l) of 2007. it may be mentioned here that jspl which held an inter state trading licence offered to surrender the same in view of the provision of section ..... 08 passed by chhattisgarh state electricity regulatory commission, respondent no.1 herein and referred to as the commission hereinafter, in petition no. 22 (l) of 2007 approving the application of respondent no.2 for grant of transmission licence for two lines viz 220 kv double circuit jspl op jindal industrial park 23 .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... co. through advertisement, makes available central services like recruitment, training courses and common procurement services. this facilitates purchases at competitive rates, provides access to credit and loan facilities at competitive rates. the brand name helps in attracting good human resource talent etc. 14. in view of the obvious immense ..... of entitlements to gains on account of maintaining oandm expenditure despite significant increase in uncontrollable expenses. 4. disallowance of depreciation expenditure projected for fy 2007-08 and fy 2008-09 for the assets expected to be capitalized during the year. appeal no. 138 of 2008 3. this appeal challenges ..... reference has been made by the appellant to the tariff regulations, accounting standard-6 of the institute of chartered accountants of india and the companies act. relevant extracts from these references are set out below:- (1) accounting standard-6: clause 3 defines depreciation, depreciable assets, useful life and depreciable .....
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
..... 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
..... the next sentence in the same paragraph of the impugned order, stated that if the respondent, tneb disputes any part of the claim, he may file the amended claim with the commission within one month from the date of submission of the claim by the petitioner. 39. the reimbursement of liability for specified taxes is ..... appellant, tneb filed an interlocutory application in miscellaneous petition 45 of 2008 (m.p. 45 of 2008) before the commission for extension of time for filing of amended claim as against the claim made by the respondent company, ppn in drp no. 7 of 2008. the respondent company filed interlocutory application in miscellaneous petition no. 46 ..... on the basis of audited profit and loss account as required under the companies act, 1956. this is so because the treatment given to various items (e.g. depreciation) is different under the companies act and the income tax laws. further, after the amended definition of the specified taxes as per the addendum to the ppa, the liability .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... provides that the trading licensees which have been granted a licence by the central commission are deemed licensees and also the clause 4.2(a) as amended by the madhya pradesh regulations dated 21.12.2005 wherein it was provided that a trader who has obtained a trading licence from the central commission for ..... power of the state commission to adjudicate upon disputes between the licensees and the generating companies and to refer any dispute for arbitration. let us quote section 86 of the act now 86. functions of state commission. (1) the state commission shall discharge the following functions, namely:- (a) . (b) . (c) . (d) . (e) . (f) ..... commission would have jurisdiction to adjudicate upon every dispute between any generator and any licensee which could not have been the intention behind adjudicatory mechanism under the act. 30. a reference has been made by the learned counsel for the respondents to rule 9 as well as some clauses of regulations to strengthen their .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... force in the contention of the appellant that these additional charges will not be covered by the normal escalation of 4.5% for escalating actual expenditure of fy 2007 to arrive at the estimate for fy 2008. additional expenditure on account of: arrears of contract labour; increase in reinstatement charges; introduction of service tax and siera ..... 37. she said that however, merc in the impugned order while provisionally truing up the randm expenses for fy 2008 inter alia held the following: for fy 2007-08 for the supply business, the commission has accepted rels projections of randm expenses, except for randm projected for vehicles and furniture and fixtures. for the ..... at the prevailing tariffs; minus (d) amount held as security deposits under clause (a) and clause (b) of sub-section (1) of section 47 of the act from consumers and distribution system users; minus (e) one month equivalent of cost of power purchased, based on the annual procurement plan. 20. this provision in (e) .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... for payment for compensation of land under the head oandm expenses. however, the same was inadvertently left out while passing the order dated february 05, 2007 in the said review petition. the commission will take necessary action to rectify the arithmetical mistake in the order subject to the final decision of the tribunal ..... order to advert to this basic issue we set out section 61(d) below: 61. tariff regulation- the appropriate 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) (d) safeguarding of consumers ..... and conditions of tariff) regulations, 2001 notified by the commission on march 26, 2001. 2. cerc in exercise of powers conferred under section 178 of the electricity act, 2003 and all other powers enabling in this behalf, issued the central electricity regulatory commission (terms and conditions of tariff) regulations, 2004 on march 26, 2004 .....
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 .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... the validity of price to be adopted. this submission is without merit for two reasons. firstly, once it is a single bid, the fundamental aspect of competitive bidding is missing. therefore, before granting consent the state commission shall have to take into consideration the relevant aspects including the price. secondly, the state commission ..... specific. the term consent is used in contrast to the term adopt used in section 63 of the act. in other words, it is no longer a mere adoption of the tariff determined through a competitive bidding process but a specific proactive consideration and consent by the state commission. therefore, the role of the state ..... counsel for the r2 to r4 has cited the following decisions: (i) 2006 (10) scc 1 reliance airport development (p) ltd. vs. airports authority of india (ii) 2007 (2) scc 588 ramchandra murarilal bhattad vs. state of maharashtra (iii) 1979 (3) scc 489 ramana dayaram shetty vs. international airport authority of india (iv) 2001 (2) .....
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