Judgment Search Results Home > Cases Phrase: competition amendment act 2007 section 25 amendment of section 32 Court: appellate tribunal for electricity aptel Page 11 of about 214 results (0.309 seconds)

Bihar Industries Association Sinha Library Road Vs. Bihar Electricity ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... ) constitutes about 20-50% of the input cost in the appellants industry and therefore constitutes the principal cost of manufacture. the uninterrupted supply of electricity at competitive rates is essential for the sustenance of the industries in the state of bihar. (d) that the appellant had earlier challenged the tariff order dated 26.08 ..... has no other recourse for meeting the gap between its revenue and expenditure?. 23. the learned counsel for the appellant has cited the judgment dated 23.05.2007 passed in appeal no. 265 of 2006 in the case of north delhi power ltd. vs. delhi electricity regulatory commission on the point of truing up. ..... reasons for arriving at the said finding. this issue is also decided against the appellant. 33. issue no. f this issue relates to implementation of electricity act, national tariff policy, national electricity policy and judgments of this appellate tribunal while dealing with the cross subsidies to categories such as kutir jyhoti and irrigation. the .....

Bses Rajdhani Power Ltd. Vs. Delhi Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

..... electricity industry in an efficient, commercial, economic and competitive manner in the national capital territory of delhi. under section 3, the delhi electricity regulatory commission has been constituted to exercise the powers conferred on it and to perform the functions assigned to it under the said act.9. section 11 enumerates the functions of the ..... from rs.2600 crore to rs.3450 crore based on assumptions about key parameters which were not provided to the commission at the time of issuance of amendment to the policy directions. subsequently, the gnctd provided the copy of financial restructuring plan prepared at the time of privatization upon a specific request from ..... as if the same is repayable or to be realized or salvaged or set off during the transitory period, viz., the period ending with 31st march, 2007, unless an extraordinary tariff upward revision is to be allowed. in fact no amortization schedule and other details been provided for. same challenge squarely applies even .....

M/S Noida Power Company Limited, Commercial Complex Vs. Paschimanchal ...

Court : Appellate Tribunal for Electricity APTEL

..... 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 .....

Nabha Power Limited and Another Vs. Punjab State Power Corporation Ltd ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... correct information regarding seismic zone in the ppa. 23. we find that in the present case the project has been developed under section 63 of the act through tariff based competition bidding case 2 (with pre-identified site) in accordance with the standard bidding guidelines issued by the central government. the object of the guidelines are as ..... any of the following events after the date, which is seven (7) days prior to the bid deadline: (i) the enactment, bringing into effect, adoption, promulgation, amendment, modification or repeal, of any law or (ii) a change in interpretation of any law by a competent court of law, tribunal or indian governmental instrumentality provided such ..... ltd, patiala/pseb based on feasibility report submitted by rites as referred above and revised plan submitted by rites vide their letter no.rites/tande/pfc/nabha/2007 dated 17.10.08 is approved subject to the following conditions: sarai banjara station to be provided with 2 up and 2 dn loop lines at partys .....

M/S. Puri Oil Mills Ltd., Vs. Haryana Power Purchase Centre and Others

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... generating station to the designated 33 kv sub-station of the distribution licensee yet 2% wheeling charges have been specified in the tariff order dated 15.5.2007. iv) amendment in deemed generation based on the concurrence given to the solar projects by the state commission needs to be considered. v) third party sale and rec ..... and also sought third party sale and rec benefits. the appellant wants that the state commission should re-determine project specific tariff under section 62 of the electricity act, 2003. 14. we find that the state commission as per section 86(1)(e) has to promote co-generation and generation of electricity from renewable sources ..... specifies as under: 6.4 non-conventional sources of energy generation including co-generation: (1) pursuant to provisions of section 86(1)(e) of the act, the appropriate commission shall fix a minimum percentage for purchase of energy from such sources taking into account availability of such resources in the region and its impact .....

Mula Pravara Electric Vs. Maharashtra Electricity

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2008)LCAPTEL135

..... applicable 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 the resources, good performance and optimum investments; d. safeguarding of consumers' interest and at the same time, recovery of the cost of ..... retail sale to the consumers in the area of such persons would be as determined for the licensee by the appropriate commission. 9.15. if not determined competitively, the bpp should be set on a normative basis based on representative consumer mix and should not vary on a case-to- case basis. the bpp ..... 's application for tariff and that the functions of commission are distinct under the act and in the circumstances, commission had to revise the tariff of the appellant in order to bridge the revenue gap in order dated february 23, 2007 in case no. 51 of 2005.37. responding to the allegation that the .....

Jindal Steel and Power Ltd. Vs. the Chhattisgarh State

Court : Appellate Tribunal for Electricity APTEL

..... notify within three months, the requirements for compliance by applicant for second and subsequent distribution licence as envisaged in section 14 of the act. with a view to provide benefits of competition to all sections of consumers, the second and subsequent licensee for distribution in the same area shall have obligation to supply to all ..... of a second license on the distribution area of one preexisting license which is as under: 5.4.7. one of the key provisions of the act on competition in distribution is the concept of multiple licenses in the same area of supply through their independent distribution systems. state governments have full flexibility in carving ..... maharashtra state electricity board case (supra). it is also our duty to point out that section 9 has since undergone a change in 2007. with amendment coming into force, no license is required under the act for supply of electricity generated from a captive generating plant to any licensee in accordance of provisions of this .....

Chhattisgarh State Power Transmission Co. Ltd. Vs. Chhattisgarh State ...

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 .....

Chhattisgarh State Power Distribution Co. Ltd. Daganiya, Raipur and An ...

Court : Appellate Tribunal for Electricity APTEL

..... way such a line can be termed as dedicated transmission line when we treat the point of consumption as a load centre. section 9 of the act with the amendment of 2007 specifically provides that to supply to a consumer, the captive generating station shall not need a license. no such exemption has been given to a generating station ..... taking license under section 12 read with section 14 of the act for the dedicated transmission line under the 2nd proviso of the section 9 of the act which deals with the captive generation. the 2nd proviso in section 9 was inserted by the amendment effective from 15.6.2007. as per 2nd proviso no license shall be required for ..... under section 10 of the act. in this view one may say that a generating company may need license to supply to a consumer through a dedicated line. .....

In the Matter Of: Hindustan Zinc Ltd, Udaipur Vs. Rajasthan Electricit ...

Court : Appellate Tribunal for Electricity APTEL

..... plus standby. 5) a further letter written on 30.06.07 by the respondent no.2 to the commission asking the commission to amend the clause 29(1)(f). in this letter the respondent no.2 asked for certain other changes in the format issued on 03.01 ..... similarly, the change brought about by order dated 15.09.07 could be effective from 15.09.07. the petition no. 166 of 2007 presented by respondent no.2 before the commission only deserved to be dismissed. 17) accordingly, we allow the appeal and set aside the ..... the commission, under section 86(1)(f) praying that the order dated 15.09.07 of the commission in petition no. 134 of 2007 is operative retrospectively to be read in the agreement from its effective date i.e. 01.05.06. on this petition the commission passed ..... 07 and therefore can be given effect to only from 15.09.07. the respondent no.2 in its petition no. 166 of 2007 had prayed that the order dated 15.09.07 be declared as operative retrospectively from the effective date of agreement i.e. 01 .....