Court : Appellate Tribunal for Electricity APTEL
Decided on : Jan-11-2011
..... so to do for maintaining the efficient supply, securing the equitable distribution of electricity and promoting competition, it may, by order, provide for regulating supply, distribution, consumption or use thereof under section 30 of the act, state commission shall facilitate and promote transmission, wheeling for the transmission and supply of electricity by economical ..... from tneb grid for using welding sets during the restricted hours shall be charged at rates specified by the commission from time to time. this amendment only provided an enabling clause for excess demand and excess energy charges but did not give a very clear picture about the scheme of things applicable ..... application. this principle has been laid down in the following decisions: 1) 2009 (2) scc 589 panchi debi vs. state of rajasthan 2) 2007(5) scc 77 vice chancellor md university rohtak vs. jahan singh the power to make regulations under the electricity supply code is contained in section 50 of .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Jan-13-2011
..... be stated that though the application originally had been filed by the electricity board, the 2nd respondent herein, in petition no.3 of 2007 on 20.3.2007 for approval of the amended and restated ppa and the same had been dismissed by the state commission with the direction by order dated 6.3.2009 directing the ..... extent applicable. admittedly, the standard bidding documents and ppa of the government of india are for procurement of power through tariff based competitive bidding in terms of section 63 of the 2003 act. however, both the parties in this case mutually agreed to follow the standard ppa to the extent applicable. the appellant having agreed ..... terms found reasonable by the state commission. 17. in view of the above, the powers of the state commission under the act to take measures conducive to the development of the electricity industry, promoting competition, protecting the interest of the consumers and the supply of electricity to all areas cannot be questioned. 18. in the present .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Mar-28-2011
..... national electricity policy notified by the central government, emphasized the need to promote the power market development that would make it feasible to finance projects with competitive generation cost outside the long term power purchase agreement framework. the power exchanges have been recognized as one of the avenues of power market development helping ..... quoted below: clause 1.4: these bye laws shall at all times be read subject to the provisions of the electricity act, 2003 hereinafter referred to as ea, 2003) as amended from time to time and directives, orders, guidelines, norms and circulars issued by the central electricity regulatory commission or government of india ..... and ultimately gave final approval to the appellant as it was satisfied that the appellant fulfilled the requirement of the guidelines by the order dated 31.8.2007. (vi) pursuant to the above, the appellant finalized the bye- laws and rules in accordance with the guidelines issued by the central commission and .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Apr-06-2011
..... amendment act, 2003, scope of application of prudency has been restricted only to defining additional requirements of capital adequacy, credit worthiness and code of conduct. therefore, the requirement of minimum area as specified under rules 2005 apparently runs contrary to the spirit of the main act. the national electricity policy also only provided that the competition ..... board, mussoorie (1985) 2 scc 16 at para 7; (iii) lic v-escorts (1986) 1 scc para 61 to 63 (iv) puravankara projects ltd v-venus international (2007) 10 scc 33 para 18, 19, 22, 24, 30, 37; (v) atlas cycle industries ltd-v-state of haryana (1979) 2 scc 196 paras 19-22, 32. ..... of minimum area for grant of distribution license finds mention only under the explanation given in the rules, 2005. since under the provisions of the electricity (amendment) act, 2003 the scope of application of proviso has been restricted only to defining the additional requirement of capital adequacy, credit worthiness and code of conduct, the .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : May-06-2011
..... particular regulation either of the central commission or state commission has to direct that since the regulation fails to achieve the objective of the act amendment of the regulation is called and direction has to be given. in fact, mr. ramachandran commenced his argument with the submission that the ..... companies and transmission licensees; (b) the generation, transmission, distribution and supply of electricity are conducted on commercial principles; (c) the factors which would encourage competition, efficiency, economical use of the resources, good performance and optimum investments; (d) safeguarding of consumers' interest and at the same time, recovery of the ..... state power generation co. ltd. vs. maharashtra electricity regulator commission and ors. (2010 elr (aptel) 0189, ntpc ltd. s. madhya pradesh state electricity board 2007 elr aptel 7, bses rajdhani power ltd. vs. delhi electricity regulatory commission (2009) elr aptel 880, uttar pradesh rajya vidut utpadan nigam ltd. vs. uttar .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : May-18-2011
..... prescribed and approved by it. it is contended that word specified does not connote the meaning as given in the act. section 62 (4) clearly provides that a tariff cannot be amended more frequently than once in any financial year except with respect to any charges expressly permitted under the terms of any fuel ..... sale of electricity. provided that in case of distribution of electricity in the same area by two or more distribution licensees, the appropriate commission may, for promoting competition among distribution licensees, fix only maximum ceiling of tariff for retail sale of electricity. (2) the appropriate commission may require a licensee or a generating company to ..... is not permissible. reference has been made to the decision of the honble supreme court in central power distribution co. ltd. vs cerc reported in (2007) 8 scc 197. the submission of the learned counsel for the appellant does not appear to be acceptable because in the central power distribution company limited case .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : May-24-2011
..... by the appellant that the withdrawal of the incentives and increase of tariff will judgment in appeal no. 62,73, 127 of 2007 and 48 of 2010 adversely affect the cost of the product in a highly competitive market. this contention is also untenable. in fact, this aspect has been taken note of by the state commission and the ..... made by the oerc from time to time. 45. the above clause would make it clear that the ht consumer, the appellant is bound by the tariff and conditions as amended by the state commission from time to time. as indicated above this is provided in the regulations also. regulations 5 (1) (c) of the regulation, 2004 provides as ..... of 2010 the state commission has not determined the cost of supply and cross subsidy by the subsidizing category of the subsidized category to show whether the objective of the act and tariff policy to gradually reduce the cross subsidy has been met or not. however, the respondent distribution company (wesco) has, in its written submissions, provided .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : May-30-2011
..... electricity and also reduces cross subsidies in the manner specified by the appropriate commission by an amendment under electricity (amendment) act, 2007 w.e.f. 15.6.2007. thus the intention of the parliament in amending the above provisions of the act by removing provision for elimination of cross subsidies appears to be that the cross subsidies may be ..... then the tariffs have to be based on the cost to supply a consumer category. however, it is not the intent of the act after the amendment in the year 2007 (act 26 of 2007) that the tariff should be the mirror image of the cost of supply of electricity to a category of consumer. 18. section 62 ..... charges for the distribution system assets and oandm expenses, etc. due to complexities involved in determining the segregated cost of service and in light of amendment of 2007 of the act removing the provision for elimination of subsidies. 37. we, however, direct the state commission to determine the cross subsidy for each consumer category after .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : May-31-2011
..... 15% from the tariff determined by the commission for the excess energy available after captive use (set off) on the basis of the amendment made in wind power policy, 2007, without applying the competitive bidding rate or rates determined by the commission in order no. 2 of 2006. we further clarify that the order no. 2 of ..... up state electricity board and others (1997) 7 scc 251. vii. the wind power policy (first amendment) 2007 dated 7.1.2009 itself provided as follows:- 19 notwithstanding anything contained in this resolution, the provisions of the electricity act 2003 and gerc regulations, as issued from time to time, shall prevail, for the purpose of implementation ..... wind energy projects. in exercise of the powers conferred under section 181 read with sections 61(h), 62(a) and 86(1)(e) of the electricity act, 2003 (act 36 of 2003) and all other powers enabling it in this behalf, the gujarat electricity regulatory commission (the commission) has determined the price for procurement of .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Jul-28-2011
..... regulations as the annual transmission charges for existing lines determined by the commission in accordance with the tariff regulations or adopted in case of tariff based competitive bidding and for new lines based on benchmarked capital cost. thus the ists regulations contain the principles and methodology for sharing ists charges and loses and ..... for giving effect to certain provisions of the central electricity regulatory commission(sharing of inter-state transmission charges and losses) regulations, 2010. aggrieved by this order amending the said regulations, the appellant has filed this appeal. 3. the appellant was not the party to the proceedings before the central commission. therefore, the ..... . if that is the stand of the appellant, the regulation framed on 15.6.2010 as well as the amendment of the regulations carried out on 4.4.2011 under section 178 of the act, 2003 can not be questioned in this appeal. merely because the required procedures have not been followed while framing .....
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