Court : Appellate Tribunal for Electricity APTEL
Decided on : Mar-04-2011
..... the financial year 2006-2007. the facts are as follows: 3. the appellant, punjab state electricity board is a deemed licensee for the electricity transmission and distribution in the state of punjab. the appellant also undertakes generation of electricity besides these activities. 4. in terms of sec 62 of the electricity act, 2003, the ..... the concerned categories. under those circumstances, the state commission has worked out the equivalent sale of energy on this account as 62 mu and has accordingly amended figures relating to the metered sales on proportionate basis. this calculation cannot said to be unjustified as the appellant has not been able to furnish any ..... in these categories. under those circumstances, the state commission has worked out the equivalent sale of energy on this account as 62 mu and has accordingly amended figures relating to metered sales on proportionate basis. this calculation is perfectly justified. (ii) with regard to the fact that the state commission in the .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Mar-07-2011
..... minutes of the meeting. the tneb submits that having suggested rs.3.01 per kwh, the petitioner is estopped from agitating for a higher rate. 6. (j) it is curious how the tneb took upon itself the task of determining the tariff on 18.5.2007, four years after the commencement of the electricity act, 2003 ..... , which conferred this authority under section 86 on the state electricity regulatory commissions. we are constrained to hold that the whole exercise of tneb conducting tariff negotiation after the commencement of the electricity act, 2003 is ab initio void. we have ..... from 1.4.2007. the tneb offered a rate of rs.2.32 per kwh but the petitioner demanded rs.3.01 per kwh. the tneb indicated that the tariff for the period from 1.4.2008 could be fixed later. the two sides signed the minutes of the discussions. but, the ppa was not amended pursuant to the .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Mar-08-2011
..... this tribunal in the case of eurotex is prospective or retrospective? c) whether the additional supply charge determined by the commission in its order dated 18th may, 2007 with all its amendments and with modification of this tribunal in its order dated 12th may, 2008 can be made applicable to the appellant? 23. a broad discussion presented herein ..... matter the order of this tribunal as aforesaid with retrospective operation. c) the issue relating to benchmark of the reference period for calculation of asc has already been acted upon and cannot be reopened. 24. according to mr. umapathy, the tribunals judgment as aforesaid was confined to eurotex in relation to the facts and circumstances ..... of new machinery and idling of labour force. d) if the benchmarking for calculation of the asc applicable to m/s. eurotex is fixed at low levels, it acts as a fetter to m/s. eurotex to avail the incentive for reduced asc units, as also provided under the impugned order. e) the effect of the provisions .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Mar-08-2011
..... appellant and allowed him to wheel power to desired locations without any further delay. however, getco delayed the signing of wheeling agreement and waited for amendment to 2007 policy enhancing wheeling charges substantially. state commission should not have allowed getco to get benefit of higher wheeling charges for its intentional delay. it is ..... its notice during proceedings and appellant had agreed to be covered by amended policy? v. whether government of gujarats amendment to 2007 policy date 7.1.2009 fixing wheeling charges for captive wind energy generators is legally tenable in terms of electricity act 2003. 22. we shall now deal with each question one by ..... this resolution, the provisions of the electricity act 2003 and the gerc regulations, as issued from time to time, shall prevail, for the purpose of the implementation of this policy. thus the arrangement of wheeling power from appellants wind energy generators as per amendment to 2007 policy and commissions order dated 6.5 .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Mar-17-2011
..... tariffs determined by the appropriate commission. (2) such procurement by distribution licensees for future requirements shall be done, as far as possible, through competitive bidding process under section 63 of the act within suppliers offering energy from same type of non-conventional sources. in the long-term, these technologies would need to compete with other sources ..... . however, the state commission dismissed the same. there upon, the appellant requested the government to issue policy directives u/s 108 of electricity act, 2003. accordingly, on 11.04.2007, the state government issued the policy directives to the state commission to the effect that power purchase rate of rs.2.90 per unit should ..... the order dated 15.5.2006 to revise the tariff rates based on the time value of money. accordingly, this tribunal by the order dated 18.12.2007 directed the state commission to revise the tariff rates as fixed in the order dated 15.5.2006. against this judgment of tribunal, the appellant board .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Mar-22-2011
..... consumer amongst thousands of consumers attached to different distribution licensees in a particular area or areas. unquestionably, the matter requires an interpretation or clarification or amendment of the order by the commission alone on the ground that its categorization leaves scope for confusion. the commission states that the respondent no. 3 ..... that it was purely a dispute between a consumer and a distribution licensee. in polyplex corporation ltd., ghaziabad vs. uttrakhand power corporation ltd. reported in 2007 aptel 115 we find that it was explicitly a billing dispute. obviously, this tribunal held that the approach to the said commission was wrong. in dakshin ..... running on commercial basis or otherwise do not find mention in express words in either of the three categories. there is word etc. that can act as esjusdem generis to include a private educational institution, if according to the commission the categorization of htp-ii(a) would include all such private educational .....
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-05-2011
..... to generating 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 resources, good performance and optimum investments; (d) safeguarding of consumes interest and at the same time, recovery of the cost of electricity ..... renewable sources of energy. this call for re-opening of the power purchase and wheeling agreements by the commission for suitable amendments in keeping with the provisions of section 86 (1) (e) of electricity act-2003. keeping in view the principle that the generation of electricity from renewable sources of energy needs to be promoted, ..... on 30th september, 2008 at the cost of rs. 520.5 lakhs per mega watt, while gmr industries ltd. which was set up in the year 2007 for 24 mw power shows the project cost at rs. 4.62 crores per mega watt. again, bannari amman sugar ltd. situated in tamil nadu has .....
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 : Apr-07-2011
..... cost of the assets is contrary to law. the appellant has also relied on honble supreme courts judgment in derc v. bses yamuna power limited and others (2007) 3 scc 33. appellant has also enclosed relevant extracts from commentaries defining the term depreciation viz., a. financial accounting concepts and applications j.r. monga ..... ) 400 kv s/c ac transmission line between ramagundam and hydrabad and extension of substations at ramagundam, hydrabad. 7. prior to enactment of electricity regulation commission act, 1998, ministry of power, government of india had been notifying the norms, factors etc. for fixation of tariff in consultation with the central electricity authority. ..... that one has not to follow the provisions of income tax act. {emphasis added} 38. appellant has also relied heavily on the judgment of honble supreme court in the case of delhi electricity regulatory commission v bses yamuna power ltd and others, (2007) 3 scc 377. in this case delhi state commission has .....
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