Court : Appellate Tribunal for Electricity APTEL
Decided on : Jan-19-2009
..... to ht-2 with effect from the date on which a new tariff order came into effect. the present appellant is an association of multiplexes set up by the indian chamber of commerce and industry. they are hit by the main tariff order in which the msm were put into a new category, lt-ix. by the ..... rel is arrayed as respondent no.2 in this appeal. it filed its arr and tariff petition before the commission under section 61 and 62 of the electricity act 2003 (the act for short) on which the commission held a technical validation session and thereafter issued public notices before passing the impugned order. vide the impugned order, the commission ..... for the purpose of recovering tariff from the msm and challenges creation of this category on the ground that the same is in violation of the provisions of the act, the maharashtra electricity regulatory commission (terms and conditions of tariff) regulations 2005 (regulations for short) and national tariff policy. it is contended that the commission is .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Feb-16-2009
..... order dated 31.03.07 was within jurisdiction of the commission it cannot dispute the jurisdiction of the commission in passing the subsequent impugned order. section 108 of the act directs that the commission shall be guided by policy directions that may be issued in public interest by the central government. the government of nctd vide its direction ..... with reasons: 11) we will first examine the merit of the order. if the commission is asked to make any amendment in the initial order dated 31.03.07 it cannot be asked to do the amendment in a mechanical manner. it cannot be denied that the allocation of source of power has to be done keeping in view ..... e.f 01st april, 2007 the responsibility for arranging supply of power in the nctd was to rest with the distribution companies in accordance to the provisions of the act and national electricity policy. the commission was required to initiate all measures so that necessary arrangements were in place. a large number of ppas had been signed by .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Feb-16-2009
..... order dated 31.03.07 was within jurisdiction of the commission it cannot dispute the jurisdiction of the commission in passing the subsequent impugned order. section 108 of the act directs that the commission shall be guided by policy directions that may be issued in public interest by the central government. the government of nctd vide its direction ..... with reasons: 11) we will first examine the merit of the order. if the commission is asked to make any amendment in the initial order dated 31.03.07 it cannot be asked to do the amendment in a mechanical manner. it cannot be denied that the allocation of source of power has to be done keeping in view ..... e.f 01st april, 2007 the responsibility for arranging supply of power in the nctd was to rest with the distribution companies in accordance to the provisions of the act and national electricity policy. the commission was required to initiate all measures so that necessary arrangements were in place. a large number of ppas had been signed by .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Mar-03-2009
..... the commission has itself recognized its power of granting relaxation of norms (regulation 13 of the uperc tariff regulations). the commission by notification dated march 19, 2008 has amended its earlier tariff regulations and has granted substantial relief on the issues of target availability, auxiliary consumption, gross station heat rate with effect from april 01, 2008. however ..... units of 4x62.5 mw in ip station, 2x67.5 mw in rajghat power house and six gas turbines of 30 mw rating and with waste heat recovery boiler and steam turbine. 24. the appellant has indeed been saddled with the operation of many power plants which have been in operation for more than 30 years ..... station recognized by the government of india in the notification dated march 26, 1994 issued in exercise of the powers under section 43a of the electricity (supply) act, 1948 (since repealed) is 25 years;(b)the old stations should normally be abandoned after the above life period and new plant established in its place;(c) .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Mar-24-2009
..... .2002 and 16.08.2002), mseb has incorporated the provisions relating to third party sale with words should be allowed in place of can be allowed in the epa amended on 21.05.2003. 22.0 in our considered opinion, msedcl can not take opposite approaches in respect of the option of third party sale; i.e. in some cases ..... , yash agro make the following submissions: 12.1.1 clause 17.1 of the epa signed with respondent no. 5, msedcl. makes it mandatory that there would be no amendment to the epa unless consented by both the parties in writing. msedcl and msetcl had taken a definite stand that their consent would be necessary for a third-party sale ..... by the commission, provided the commission is convinced that the amendment would help to sustain the operational stability of such purchase and are in conformity with section 86(i)(e) and section 61(h) of the electricity act, 2003. 15.5 the case before us is different. here the parties have a valid epa in place which had created vested rights .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Apr-08-2009
..... to be entered into after completion of the required formalities including and in particular the approval of the commission required under the electricity act, 2003. 7. pursuant to the above draft amended and restated ppa initialed between pseb and the appellant, pseb filed before the commission an application being no. 3 of 2007 for ..... cost substantially. appellant having experience in such project execution decided to get the project executed under following different packages in order to reduce the project cost. a. boiler turbine generator package to be executed by bhel; b. balance of plant package to be executed by punj lloyd; c. other procurements; d. other contractors ..... work; and e. management and coordination performed by gvk itself. 15. in the project cost projected by gvk amongst others, the break-up was given for boiler turbine generator package (btg), balance of plant package (bop), engineering erection, civil works and taxes and duties separately at item no. 4,5,6 and 7 .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : May-20-2009
..... dedicated transmission line can go from the captive generating station to a load centre and such load centre can also be a consumer. 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 ..... having sanction under section 28 to carry out the function of transmission. the permission under section 28 can now be extracted for perusal: by using the powers of indian electricity act, 1910 (1910 no.9) section 28 sub section (1) and (1-a) state government hereby with the consultation of board grants permissions to m/s. jindal ..... will have to reconsider the petition for grant of license in the light of our observation that the sanction under section 28 of the indian electricity act 1910 survives despite the repeal of the indian electricity act 1910. the commission will have to take into account the existence of two tap offs including that of nalwa and will have to .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : May-29-2009
..... 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 ..... relating to generation of electricity through windmills of the firm. 24. the firm shall also be bound by the provisions of the indian electricity act, 1910, electricity (supply) act, 1948, indian electricity rules, 1956 as amended from time to time. 25. the board shall be at liberty to cancel the permission to operate the firms windmill generator ..... of the power offered by respondent no.1. the terms and conditions of the agreement entered into under section 44 of the electricity (supply) act 1948 were amenable to amendment from time to time. the appellant had right to withdraw the approval given, without assigning any reason and without any liability to pay compensation. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Oct-06-2009
..... the licensee. hence reference to the initial level of loss at the time of privatization is not necessary. the commission may itself consider the plea of any amendment in the target set in this regard in case the appellant makes out a case. therefore, we direct that the appellant may make an appropriate representation ..... is not 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 regulations ..... discoms. (iii) the first arbitral tribunal shall be comprised a nominee of the institute of acturies, 302, indian globe chambers, 142, fort street, off d.n. road, fort, mumbai, incorporated under section 3 of the actuaries act (which was enacted and received assent of the president on 27.8.2006 and was brought into force .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Oct-09-2009
..... however, for the tariff years 2008-09 and 2009-10, the commission is directed to allow the actual purchase cost of energy from renewable sources as the amended regulations (supra) require a minimum percentage without specifying any maximum limit from the renewable sources. issue no. 9: arithmetical mistakes (in appeal no. ..... it is contended by the commission that the kerc (power procurement from renewable sources by distribution licensees) regulations, 2004 under the provisions of the electricity act, 2003 had been gazetted on october 10, 2004. these regulations were finalized after giving an opportunity to all stakeholders including appellant licensees and nodal agencies, ..... stand that the government is not in favour of differential tariff at this stage. this is not a policy direction under section 108 of the act. therefore, in view of the earlier decision of the tribunal the commission has determined differential tariff for different distribution licensees. analysis and decision 27. .....
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