Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
Decided on : Jan-02-2013
..... ) of the said rule is to evolve measures for protection of consumers and promotion of efficiency, economy and competition in the power sector. hence, the forum of regulators is a statutory body under this act and its decisions and findings are to be taken as a guiding principle for taking decisions under the various ..... determination of tariff) regulations, 2004, assuming that the said provision is applicable to tariff-setting. however, conformably to the tariff policy, 2006, the commission have now amended the provision of 7(c)(iii) of the oerc (terms and conditions for determination of tariff) regulations, 2004 vide their notification dated 30.5.2011 after finalisation ..... pay. it has no application in tariff determination. c) the regulation 7(c)(iii) is inconsistent with the tariff policy, 2006 and has, accordingly, been amended to be in line with the provisions of tariff policy, 2006. d) the commission while determining tariff for different categories of consumers has been working out cross .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
Decided on : Apr-08-2013
..... compensation, rebate, etc. 11.5 there is nothing on record to show that the parties agreed to amend the ppa allowing procurement of power from alternate sources. the distribution licensees letter dated 31.03.2010 is outside the competitive bidding process and the ppa and is a protem arrangement between the parties. 11.6 appellants claim for ..... parties. therefore, the distribution licensee could not renege on the terms of the said agreement. 4.4 the original ppa and subsequent amendments/modifications are not hit by section 23 of the contracts act, 1872 and, therefore, not unlawful. the provision of alternate source of power supply is available in the case i standard bidding ..... in supplies with respect to schedule, we find that the distribution licensee permitted revision in schedules of supplies twice on account of force majeure conditions caused by acts of the government on 14.12.2009 and 03.02.2010. the distribution licensee by its letter dated 03.02.2010 had agreed to extend the time .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
Decided on : May-31-2013
..... supply of 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 ..... followed, 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 . 19. the national ..... tribunal in the various cases. 47. the findings of the tribunal in the various cases are summarized as under keeping in view the amendment made in the electricity act, 2003 in the year 2007: i) the pooled power purchase cost from all sources of supply to the distribution licensee has to be used for determination of cost .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
Decided on : Jul-10-2013
..... made by the appellant was contrary to the express provisions of the contract existing between the parties especially when there is no amendment to the said existing contract. (f) section 72 of the contract act specifically provides that any payment made by the parties by mistake of fact can be claimed back. the payment of fixed charges ..... dated 30.3.1992. therefore, the said notification has to be considered while deciding the issue. (f) this notification relates to thermal power generating station awarded through competitive bidding. this notification stipulates that the availability of combined cycle plant gas turbine as 85 to 90% and steam turbines in combined cycle mode as 60 to 65%. ..... there was a clear offer and acceptance without reference to the terms of the ppa with regard to the power supplied from 14.5.2005 to 14.5.2007. ii) the principle of estoppel laid down by the honble supreme court is very much applicable to the present case. therefore, the appellants contention in this .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
Decided on : Oct-07-2013
..... with as per the terms of the ppa. 40. ppa was a part of the bidding document in tariff based competitive bidding conducted by the procurer according to section 63 of the electricity act. the competitive bidding guidelines of the government of india provide that the ppa shall be signed with the selected bidder consequent to the ..... by them earlier based on which the approval of the state commission was obtained. 37. as the appellants were not coming forward to sign the ppa without amendment in schedule of supply and price, the distribution licensee by letter dated 26.11.2008 informed the appellant that they were invoking the bid bond/bank guarantee submitted ..... and retendering would be time consuming and may not serve the purpose of meeting immediate power requirement, decision was taken to open the financial bid on 18.2.2007 and subsequently obtain the approval of the state commission. accordingly, after issuing of loi, the rfq-cum-rfp and ppa documents were submitted to state commission for .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
Decided on : Dec-02-2013
..... the jurisdiction to re-determine tariff in an appropriate case. b) the tariff agreed in the ppa was not a tariff determined through competitive bidding process under section 63 of the electricity act, 2003 wherein fuel is the sole responsibility of the generator. on the other hand, the tariff was fixed by the state commission under ..... as may be specified by the commission. section 64(6) provides that the tariff order shall, unless amended or revoked, continue to be in force for such period as may be specified in the tariff order. 14. section 61 provides for the terms and conditions ..... commission to determine the tariff for supply of electricity by a generating company to a distribution licensee. section 62(4) of the act provides that the tariff may not be ordinarily 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 .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
Decided on : Dec-03-2013
..... that the commission has to implement its regulations in order to regulate the inter-state transmission of electricity to ensure non-discriminatory open access, to promote competition and protect consumer interests and these activities are aimed at benefiting the distribution licensees and the end consumers. if licence fee is paid for a business ..... is given power to remove any such difficulty by making an order. at times, ' removal of difficulty' clause may empower the government to amend the parent act or any other act with a view to bring the parent act into full operation. its widest extension is to empower the delegate, "if any, difficulty arises in bringing the ..... central transmission utility (ctu) only from 2008-09. since no such cost component was incidental during 1998-99 to 2003-04 and during 2003-04 to 2007-08, the normative oandm rates in the 2004 regulations and 2009 regulations respectively have not captured the costs associated with the licence fee. licence fee has become .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
Decided on : Jan-02-2013
..... petitions would be equally applicable to this appellant. this approach is not legally tenable. 24. the reasoning of the commission that extending the control period would mean amendment of the tariff order is not at all possible to concede to. the commission, it will be noticed from the impugned order, was conscious that individual ..... solar semiconductor pvt. ltd. is an sez and eou entity facing legal hurdles in executing the project, the department may permit formation of an spv, and approve/amend the ppa in favour of the spv, the appellant herein, to execute the project. thereafter, after submitting the requisite documents to the guvnl, the department of energy ..... be equated with force-majeure. again extension of control period cannot by any stretch of imagination would amount to amendment of the tariff order. amendment of the tariff order by virtue of section 62 (4) of the electricity act, 2003 was not prayed for. since in every venture there is allocation of risk, it cannot be said .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
Decided on : Jan-02-2013
..... ) of 2x96 mw allain duhangan hep in himachal pradesh. the approval is subject to compliance of (a) the requirement of the relevant provisions of the electricity act, 2003, as amended from time to time and the rules and regulations framed there under and (b) the rules governing the overhead lines as specified in the indian electricity rules, ..... or enters into any agreement or abuses its dominant position or enters into a combination which is likely to cause or causes an adverse effect on competition in electricity industry. 24.12 part vii provides for tariff. under section 62 the appropriate commission is empowered to determine tariff in accordance with the provisions of ..... construct the allain duhangan nalagarh line as part of associated transmission system for evacuation of power from their hydro electric project. cea in its letter dated 31.7.2007 to the ministry of power communicated its no objection to the proposal subject to the following: ii) out of the total 400 mw transmission capacity of the .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
Decided on : Jan-04-2013
..... and after subtracting the set off against monthly consumption ) shall be treated as sale to the discom. as per the clause no.3 of the amended wind power policy, 2007 (notified vide g.r.no.wnd-11-2008-232-1-b dated 7thjan09) discoms are allowed to purchase the surplus power from wind farms wheeling the ..... renewable sources more than the minimum requirement of power purchase from such sources. now, discom may purchase power from companys wind farms at the rate determined through competitive bidding process. therefore, it is agreed to purchase the power from wind farm at the rate at which discom will agree/sign an agreement herein after with ..... the present case, the appellant agreed to the above stipulation and signed the wheeling agreement. that apart, both the parties namely the appellant and the distribution licensee acted upon the earlier order dated 13.5.2010 and the said agreement accordingly as per the terms and conditions agreed between the parties under the wheeling agreement. 39. .....
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