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dated march 26, 1994 issued in exercise of the powers under section 43a of the electricity (supply) act, 1948 (since repealed) is 25 years;(b)the old stations should normally be abandoned after the above life period and new plant established in its place;(c) .....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 : 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 : Jan-28-2009
..... this was intimated to the state commission by up genco, who made a request to adopt the tariff for the 2 x 500 mw anpara c project as per the competitive bidding process. accordingly, the order was passed by the commission on 31/12/06. thereupon, the project was started. vi) on 5/2/07, the ministry of power ..... industrial development of the state of u.p. 32. the fact that m/s lanco has already commenced construction of the project after obtaining all the clearances in november 2007 and that the project construction activities are progressing as per schedule, has not been disputed by the senior counsel for the appellant. the learned senior counsel for m/s ..... to allow enhancement of capacity came on 20/8/07, much after the completion of the bidding process and award of contract. there is no provision in the act which allows the state commission to interfere with the decision of the government approving enhancement of capacity after award of contract and execution of the ppa. 23. the .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Feb-16-2009
..... with reasons: 11) we will first examine the merit of the order. if the commission is asked to make any amendment in the initial order dated 31.03.07 it cannot be asked to do the amendment in a mechanical manner. it cannot be denied that the allocation of source of power has to be done keeping in view ..... allocating capacity only from a single power station, the commission has gone along with what was submitted by these two licensees when consultations took place on the 30th of march 2007. ii) all existing ppas (with the exception of badarpur tps, ncr dadri tps, ipgcl and the ppcl both existing and future capacities) shall be allocated amongst the ..... 01.04.07. as per policy directions dated 28th june, 2006, w.e.f 01st april, 2007 the responsibility for arranging supply of power in the nctd was to rest with the distribution companies in accordance to the provisions of the act and national electricity policy. the commission was required to initiate all measures so that necessary arrangements were .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Feb-16-2009
..... with reasons: 11) we will first examine the merit of the order. if the commission is asked to make any amendment in the initial order dated 31.03.07 it cannot be asked to do the amendment in a mechanical manner. it cannot be denied that the allocation of source of power has to be done keeping in view ..... allocating capacity only from a single power station, the commission has gone along with what was submitted by these two licensees when consultations took place on the 30th of march 2007. ii) all existing ppas (with the exception of badarpur tps, ncr dadri tps, ipgcl and the ppcl both existing and future capacities) shall be allocated amongst the ..... 01.04.07. as per policy directions dated 28th june, 2006, w.e.f 01st april, 2007 the responsibility for arranging supply of power in the nctd was to rest with the distribution companies in accordance to the provisions of the act and national electricity policy. the commission was required to initiate all measures so that necessary arrangements were .....
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 : 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 : Jul-15-2009
..... 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
Decided on : Jul-15-2009
..... 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
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 .....
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