Petition No. 229/2010. Case: Aravalli Power Company Private Ltd, New Delhi Vs Haryana Power Purchase Centre, Panchkula, North Delhi Power Ltd, Delhi, BSES Rajdhani Power Ltd, New Delhi and BSES Yamuna Power Ltd, Delhi. Central Electricity Regulatory Commission

Case NumberPetition No. 229/2010
JudgesDr. Pramod Deo, Chairperson, Shri S. Jayaraman, Member and Shri M. Deena Dayalan, Member
IssueElectricity
Judgement DateNovember 02, 2011
CourtCentral Electricity Regulatory Commission

Order:

  1. The petitioner, NTPC Ltd, has filed this petition for determination of tariff of Indira Gandhi Super Thermal Power Project, (3 x 500 MW) ('the generating station") for the period from the date of anticipated commercial operation of Unit-I from 1.10.2010 to 30.3.2011, Unit-II from 31.3.2011 to 31.8.2011 and Unit-III from 1.9.2011 to 31.3.2014. Subsequently, the petitioner by Interlocutory Application I.A.No.9/2011 has submitted that the commercial operation of Unit-I of the generating station was declared on 5.3.2011 and has prayed that provisional tariff for the said unit be granted. Subsequently, by letter dated 12.10.2011, the petitioner has also requested for grant of provisional tariff for Unit-I of the generating station.

  2. Clauses (1) and (2) of Regulation 5 of the 2009 regulations provides as under:

  3. Application for determination of tariff. (1) The generating company or the transmission licensee, as the case may be, may make an application for determination of tariff in accordance with Central Electricity Regulatory Commission (Procedure for making of application for determination of tariff, publication of the application and other related matters) Regulations, 2004, as amended from time to time or any statutory re-enactment thereof, in respect of the units of the generating station or the transmission lines or sub-stations of the transmission system, completed or projected to be completed within six months from the date of application.

    (2) The generating company or the transmission licensee, as the case may be, shall make an application as per Appendix I to these regulations, for determination of tariff based on capital expenditure incurred duly certified by the auditors or projected to be incurred up to the date of commercial operation and additional capital expenditure incurred duly certified by the auditors or projected to be incurred during the tariff period of the generating station or the transmission system:

    Provided that in case of an existing project, the application shall be based on admitted capital cost including any additional capitalization already admitted up to 31.3.2009 and estimated additional capital expenditure for the respective years of the tariff period 2009-14:

    Provided further that application shall contain details of underlying assumptions for projected capital cost and additional capital expenditure, where applicable.

  4. The petitioner has filed the petition in compliance with Clause (1) and (2)...

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