Judgment Search Results Home > Cases Phrase: competition amendment act 2007 section 48 amendment of section 63 Court: appellate tribunal for electricity aptel Page 5 of about 117 results (1.275 seconds)

Sitapuram Power Limited and Another Vs. Transmission Corporation of An ...

Court : Appellate Tribunal for Electricity APTEL

..... of open access by the state commission. provided also that the state commission, 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 ..... 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 ..... regulations of the central commission. 45. open access is a result of the important policy decision taken by the parliament as there should be a play of competitiveness in the electricity generation and availability of electricity. the above policy will get frustrated if the licensees indirectly impose onerous terms and conditions over an open access .....

In the Matter Of: M/S. Tata Steel Limited, Mumbai and Others Vs. Oriss ...

Court : Appellate Tribunal for Electricity APTEL

..... 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 .....

The Rpp Limited Vs. Transmission Corporation of A.P.

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2007)LCAPTEL56

..... of the schedule of the existing consumers. in the application, it is stated that the appellant is making frequent applications for change in the schedule of consumers. for amendment of the schedule of the existing consumers a detailed procedure is involved. it is pointed out that in case a nce developer is in the area of one discom ..... reliance was placed by the learned counsel for the respondent nor the same is in keeping with the spirit of the act, which requires fillip to be given to open access and wheeling of electricity to generate competition. learned counsel for the respondent also invited our attention to clauses 16.1 and 16.2 of the aperc (terms ..... of the parties to the schedule of the existing consumers cannot be treated as mandatory direction at all. it was also stated that the provisions of the electricity act, 2003 do not provide for any period for disposal of the applications of the nce developers and only ppas provide for addition of parties to the agreements depending upon .....

Kerala High Tension and Extra High Tension Industrial Electricity Cons ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... 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 .....

Bangalore Electricity Supply Company Limited and Others Vs. Tata Power ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... was required to be borne by the discoms i.e. the appellants herein. (c) that subsequently, during the terms of the ppa, the income tax act, 1961 was amended to extend 100% tax holiday for the entire period of 10 years under section 80ia, w.e.f. 1.4.2002 (section 80 ia initially provided ..... contra, the learned counsels for the respondents have taken the following pleas:- (a) that the project was awarded to respondent no.1, tata power through a competitive bidding process, the tariff for bidding purposes was worked out after factoring in the estimated tax liability having regard to the corporate tax rates provisions prevailing at the ..... , replaced by karnataka power transmission corporation limited and lastly replaced by bangalore electricity supply company limited (bescom), pursuant to the provision of karnataka electricity regulatory reforms act, the said ppa came to be assigned to bescom/distribution licensee, which is bound by the terms and conditions of the ppa, being the assignee company. .....

Rithwik Energy Systems Limited Vs. Transmission Corporation of

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2008)LCAPTEL237

..... the petitioner has no obligation to purchase excess delivered energy from the respondent at any point of time in terms of the provisions of ppa. e. to amend the agreement by including the condition mentioned above.18. thus, it is clear from the reliefs sought by the first respondent that its representation/promise to the ..... principle retrospectively from december, 2003, moved a petition, being o.p. no.12 of 2006, purportedly under section 62 and 86 (1)(f) of the electricity act, 2003 read with regulations 8 and 9 of aperc conduct of business regulations, 1999 before the aperc. in the petitions the aptransco sought the following reliefs: b. ..... granted the requisite sanction on march 1, 2000. the appellant also sought permission of the aperc under section 21(4) of the andhra pradesh electricity reform act for selling energy to the first respondent, aptransco, the then bulk supplier licensee.the commission in its regulatory jurisdiction approved the format of power purchase agreement between .....

In the Matter Of: Madhya Pradesh Power Trading Company Ltd Vs. Madhya ...

Court : Appellate Tribunal for Electricity APTEL

..... 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 ..... , the nature of supply and the purpose for which the supply is required. (4) no tariff or part of any tariff may ordinarily be 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 as may ..... 2000 mw of power through the tariff based competitive bidding process. the appellant prepared a competitive bidding documents in terms of section 63 of the electricity act, 2003 and in accordance with the competitive bidding guidelines issued by the government of india. thereupon on 22.03.2007, the appellant filed a petition in petition no .....

Bses Rajdhani Power Ltd. Vs. Delhi Electricity Regulatory Commission a ...

Court : Appellate Tribunal for Electricity APTEL

..... bses companies submitted similar replies through letters dated 27.07.2006 stating inter alia: the company had taken due care in awarding the contracts on basis of competitive pricing, services, extended warrants etc. therefore, we do not feel that the sister/group companies would have earned anything but a small reasonable margin like any ..... challenging the regulations. the appellants grievance in this appeal is that the commission instead of following the regulations should have exercised its discretion to amend the regulations. the appellant further contends that the commissions reasoning that tandd loss trajectory can be derived from atandc loss levels given in the myt ..... sales by the commission are in complete disregard of the statutory obligations of the discoms under section 43 of the electricity act, 2003. b) the same growth rate was projected by the appellant for 2007-08 in the myt period which was ignored by derc. however, without stating any reason derc has lowered the projected .....

Tamil Nadu Generation and Distribution Corporation Ltd., Chennai Vs. M ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... 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 .....

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 .....