Petition No. 110/2011. Case: Bhopal-Dhule Transmission Company Limited Vs Sterlite Energy Limited and Ors.. Central Electricity Regulatory Commission
| Case Number | Petition No. 110/2011 |
| Judges | Pramod Deo, Chairperson, S. Jayaraman, V.S. Verma and M. Deena Dayalan, Members |
| Issue | Electricity Law |
| Judgement Date | September 02, 2011 |
| Court | Central Electricity Regulatory Commission |
Order:
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The Applicant Bhopal-Dhule Transmission Company Limited has filed this application under Section 14 read with Section 15 (1) of the Electricity Act, 2003 (the Act) to undertake the business of establishing, commissioning, operation and maintenance of the transmission systems comprising the following elements:
Transmission lines
(i) Jabalpur-Bhopal 765 kV S/C transmission line (ACSR/AAAC Bersemis Quad) -286 kms;
(ii) Bhopal-Indore 765 kV S/C transmission line (ACSR/AAAC Bersemis Quad)-181 kms;
(iii) Bhopal-Bhopal (MPPTCL) 400 kV D/C Quad transmission line (ACSR/AAAC Moose)-10 kms;
(iv) Aurangabad-Dhule (IPTC) 765 kV S/C transmission line (ACSR/AAAC Bersemis Quad)-232 kms;
(v) Dhule (IPTC)-Vadodara 765 kV S/C transmission line (ACSR/AAAC Bersemis Quad)-276 kms;
(vi) Dhule (IPTC)-Dhule (MSETCL) 400 kV Quad D/C transmission line (ACSR/AAAC Moose)-20 kMs.
Sub-station
(i) Bhopal sub-station (2 x1500 MVA, 765/400 kV);
(ii) Dhule (IPTC) sub-station (2 x 1500 MVA, 765/400 kV).
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The Applicant was incorporated on 8.9.2009 under the Companies Act, 1956 as a wholly owned subsidiary of Power Finance Corporation Limited (hereinafter referred to as 'PFC') with the objective to "plan, promote and develop an integrated and efficient power transmission system network in all its respects including planning, investigations, research, design and engineering, preparation of preliminary, feasibility and definite project reports, construction, operation and maintenance of transmission lines, sub-station, load dispatch stations and communication facilities and appurtenant works, coordination of integration operation of regional and national grid system, execution of turn key jobs for other utilities/organizations, wheeling of power, purchase and sale of power in accordance with the policies, guidelines and objectives laid down by the Central Government from time to time".
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The applicant has submitted that Ministry of Power, Government of India initiated a scheme for development of Independent Transmission Projects through private sector participation for evacuation of power from the generating station and transmission of power from pooling station to other grid stations up to load centers and system strengthening in India. The said projects were to be awarded to developers selected on the basis of tariff based competitive bidding process. Government of India, Ministry of Power, vide its Resolution No. 11.5.2005-PG(i) dated 17.4.2006 notified the 'Tariff based Competitive-bidding Guidelines for Transmission service' (hereinafter referred to as "the Guidelines") under Section 63 of the Act. In accordance with the Guidelines, the PFC Consulting Limited (PFCCL) was notified by Government of India, Ministry of Power vide Notification No. 11/12/2006-PG dated 1.7.2009 as the Bid Process Coordinator (BPC) for the purpose of selection of bidder as Transmission Service Provider (TSP) to establish the transmission system for "system strengthening for common WR and NR" through tariff based competitive bidding process.
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PFC Consulting Limited (PFCCL) in its capacity as BPC initiated the bid process on 2.3.2010 and completed the process on 28.1.2011 as per the Guidelines. M/s Sterlite Transmission Projects private Limited (STPPL) was selected as the successful bidder having quoted the lowest levelised transmission charge in order to establish the transmission project for transmission scheme for System Strengthening for common WR on build, own, operate and maintain basis and provide transmission service to the following identified long-term transmission customers of the projects, namely:
S. No.
Name of long term transmission customers
Allocated capacity (in MW)
1
Sterlite Energy Limited
3.3
2
GMR Kamalanga Energy Limited
6.6
3
Navbharat Power Pvt. Ltd.
5.9
4
Monnet Power Company Ltd.
7.4
5
H Jindal India Thermal Power Ltd
8.5
6
LancoBabandh Power Ltd.
13.1
7
Ind 5
8
M.B Power (Madhya Pradesh) Ltd.
3.2
9
RKM Powergen Ltd.
2.45
10
Athena Chattisgarh Power Ltd.
2.05
11
a. Jindal Power Limited (4x400 MW)
4.2
b. Jindal Power Limited (4x135 MW and 4x250 MW)
1.2
12
SKS Power Generation (Chattisgarh) Ltd.
2.05
13
Korba West Power Company Ltd.
0.70
14
DB Power Ltd.
2.1
15
Visa Power Limited
2
16
KSK Mahanadi Power Company Ltd.
7
17
Bharat Aluminum Company Ltd
0.60
18
VandanaVidyut Ltd.
0.80
19
LancoAmarkantak Power Ltd.
2.6
20
GMR Chhattisgarh Energy Pvt. Ltd.
2.45
21
Chhattisgarh State 16.8
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The applicant has submitted that the 9 bidders submitted their offers at RFP stage. M/s Pandey Dua and Mathurs, Financial Consultant carried out the responsiveness check of the...
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