Court : Appellate Tribunal for Electricity APTEL
..... 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 time or the geographical location, the nature of supply and the purpose for which electricity is required. 28. of the above judgments of this tribunal, 2007 aptel 931 siel limited vs. pserc and ors. has a clear finding on the cost of supply. the relevant extracts of the judgment are reproduced below: 109 ..... of 2010 has been filed challenging the order of the maharashtra electricity regulatory commission (state commission) dated 17th august, 2009 regarding truing up for the financial year 2007-08, annual performance review for the fy 2008-09 and tariff determination for the fy 2009-10, while appeal no. 198 of 2010 has been filed against .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... purchase obligation (rpo) 3. by way of elaboration it is pleaded that regulation 11 of the gujarat electricity regulatory commission (myt framework) regulations, 2007 (for short, the regulation, 2007) reads as under: 11: mechanism for sharing of gains and losses on account of controllable factors 11.1 the approved aggregate gain to the ..... to the quantum for the purpose of performing the business electricity in the present debt equity on structure) plus permitted incentives minus penalties leviable under the act/regulations for that year. the incentives would result from normative targets on aggregate technical and commercial losses (atandc) for the licensee. the commission would ..... ensure that the appellant earns permissible return of 14% stipulated in regulation 66 of the regulations and mandate of section 195a of the income tax act is also complied with. the national tariff policy stipulates that the regulatory commission may adopt rate of return as notified by the central commission with .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... for fy 2008-09 and tariff for fy 2009-10 of the appellant. the appeal was subsequently amended to challenge the state commissions orders dated 19.1.2010 and 5.3.2010 regarding true up for fy 2005-06 to fy 2007-08 and provisional true up for fy 2008-09 of the financials of the appellant. 3. the ..... was correct in inviting public suggestions and objections on the re-determination of tariff/true up on the direction of the tribunal. firstly, we will examine section 64 of 2003 act relating to procedure to be followed for tariff order. the relevant clauses of section 64 are reproduced below: 64. procedure for tariff order. - (1) an application for ..... expenditure for the financial year ending march 31,2005: provided that in case of a generating company formed as a result of a transfer scheme under section 131 of the act, the date of the said transfer scheme shall be the effective date instead of april 1, 2004 for determination of equity capital under clause (b) above. exaplanation- for .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... 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
..... supply should have been within 20% of the cost of supply at the respective voltage of supply. the legislature by amending section 61(g) of the electricity act by act 26 of 2007 by substituting eliminating cross subsidies has expressed its intent that cross subsidies may not be eliminated. 17. the tariff policy ..... 20 to 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 and commercial establishment in the state of bihar. 2.3 that the bihar industry association had ..... state regulatory commission (in short, the state commission) which notified bihar electricity regulatory commission (terms and conditions for determination of tariff) regulation, 2007 (in short, the regulation, 2007) which govern the determination of tariff of generation, supply, transmission and wheeling of electricity in the state. 6.3 that the appellant board .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Reported in : (2006)LCAPTEL223
..... cerc. the commission proceeded on the premise that the appellant utility has to compute the depreciation for financial year 2006-07 as per rates indicated in the amended tariff regulations. it should not be forgotten that statutory regulations as framed by the first respondent is in force and it has to be implemented. it ..... interfering with the internal management and domain of the appellant transmission utility with respect to its commercial plan and proposal to invest rs. 2700 crores during 2006-2007? whether the consumers have any say with respect to proposal to invest for up gradation of transmission system better maintenance and quality service? b. whether ..... with the micro management of the utility.20. the preamble of the act, shall not be lost sight of, where in it has been emphasized that the object of the act being to take measures conducive to development of the electricity industry, promote competition there in, protecting interest of consumers and supply with electricity to all .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Reported in : (2006)LCAPTEL1319
..... 69% derived from the principles and the rates specified by the ministry of power's notification dated 31.01.1992 as amended on 29.03.1994, issued under the 6th schedule to the electricity supply act, 1948 ('ministry of power notification'), which reasons justify the departure to supplant the said rate by a new rate of ..... properly incurred in terms of schedule vi.26. professor dr. nand dhameja, indian institute of public administration, new delhi in his book "finance and accounting for managerial competitiveness" (1998 edition reprint) with respect to "depreciation" has expressed as under: depreciation as a source of funds: depreciation sometimes, is viewed as a source of funds ..... be calculated on a straight-line method as seen from column iv of the notification issued by ministry of power. the 29th march, 1994 notification is an amendment to the 31st january, 1992 notification of ministry of power. a note has been appended by the ministry of power, to the said notification, which the .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... for fy 2008-09 and tariff for fy 2009-10 of the appellant. the appeal was subsequently amended to challenge the state commissions orders dated 19.1.2010 and 5.3.2010 regarding true up for fy 2005-06 to fy 2007-08 and provisional true up for fy 2008-09 of the financials of the appellant. 3. the ..... was correct in inviting public suggestions and objections on the re-determination of tariff/true up on the direction of the tribunal. firstly, we will examine section 64 of 2003 act relating to procedure to be followed for tariff order. the relevant clauses of section 64 are reproduced below: 64. procedure for tariff order. - (1) an application for ..... expenditure for the financial year ending march 31,2005: provided that in case of a generating company formed as a result of a transfer scheme under section 131 of the act, the date of the said transfer scheme shall be the effective date instead of april 1, 2004 for determination of equity capital under clause (b) above. exaplanation- for .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... 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
..... force in the contention of the appellant that these additional charges will not be covered by the normal escalation of 4.5% for escalating actual expenditure of fy 2007 to arrive at the estimate for fy 2008. additional expenditure on account of: arrears of contract labour; increase in reinstatement charges; introduction of service tax and siera ..... 37. she said that however, merc in the impugned order while provisionally truing up the randm expenses for fy 2008 inter alia held the following: for fy 2007-08 for the supply business, the commission has accepted rels projections of randm expenses, except for randm projected for vehicles and furniture and fixtures. for the ..... at the prevailing tariffs; minus (d) amount held as security deposits under clause (a) and clause (b) of sub-section (1) of section 47 of the act from consumers and distribution system users; minus (e) one month equivalent of cost of power purchased, based on the annual procurement plan. 20. this provision in (e) .....
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