Petition No. 19/2009. Case: BSES Rajdhani Power Limited, (BRPL) New Delhi, BSES Yamuna Power Limited, (BYPL) New Delhi and North Delhi Power Limited, (NDPL) Delhi Vs Damodar Valley Corporation, Kolkata, Delhi Transco Limited, New Delhi and Ministry of Power, Govt. of India, New Delhi. Central Electricity Regulatory Commission
| Case Number | Petition No. 19/2009 |
| Judges | Dr. Pramod Deo, Chairperson, Shri S. Jayaraman, Member, Shri V.S. Verma, Member and Shri M. Deena Dayalan, Member |
| Issue | Electricity Act, 2003 - Sections 108, 73, 79 |
| Judgement Date | September 07, 2012 |
| Court | Central Electricity Regulatory Commission |
Order:
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The petition has been filed under clause (f) of sub-section (1) of Section 79 of the Electricity Act, 2003 (the Act) to seek enforcement of the Power Purchase Agreement dated 24.8.2006 (the PPA) entered into between Damodar Valley Corporation (DVC), the first respondent, and Delhi Transco Limited (DTL), the second respondent, for supply of power to the National Capital Territory of Delhi. The prayers made by the petitioners are:
(a) Direct respondents to commence and ensure supply of at least 100 MW power to the NCT of Delhi as per PPA executed/LTOA granted to the Petitioners.
(b) Direct respondents to ensure:
(i) supply of 230 MW power when CTPS unit 7 is commissioned; and
(ii) supply of 400 MW power when CTPS unit 8 is commissioned.
(c) Comply with the Central Electricity Regulatory Commission (Open access in Inter-state Transmission) (First Amendment) Regulations, 2005.
(d) Comply with the obligations pertaining to scheduled supply of electricity as per PPA.
(e) Pass any such further order as this Commission may deem just and proper in the circumstances of the case.
Under the PPA, DVC had agreed to supply different quantum of power on 'round the clock' basis to DTL for meeting the requirements of National Capital Territory of Delhi. The relevant clause of the aforesaid PPA are extracted as follows:
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DTL is desirous to purchase different quantum power round the clock (RTC) basis from DVC and DVC is desirous of selling the same power round the clock basis on mutually agreed terms and conditions under the provisions of CERC regulations as detailed in Tables under Clause-4. The delivery point for sale of this power by DVC to DTL shall mean the Commercial Metering Point at DVC Bus at DVC Periphery.
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TARIFF AT DELIVERY POINT
4.1 Subject to the provisions of this Agreement, DVC shall supply the energy at the delivery point on scheduled basis and DTL shall pay to DVC for the scheduled energy as per REA prepared by ERLDC/ERPC at the following terms and rate:
TABLE-A
Period of sale of scheduled energy
Quantum of Power (MW)
Rate (at DVC Bus) at DVC Periphery (Paise/Kwh)
From Dec'' 2006 to Sep'' 2007
100
Negotiable
TABLE-B
Period of sale of scheduled energy
Quantum of Power (Gross MW from capacity addition)
Rate (at DVC Bus) at DVC Periphery (Paise/Kwh)
Duration of Power supply
Remarks (Capacity addition of DVC units
From Oct'' 2007 to Nov'' 2007
230
As determined by CERC
25 years from COD
CTPS # 7
From Dec'' 2007 to March 2010
400
As determined by CERC
25 years from COD
CTPS # 8
From April 2010 to August 2010
800
As determined by CERC
25 years from COD
MTPS#B- 8
From Sep'' 2010 to Oct'' 2010
1000
As determined by CERC
25 years from COD
MTPS#B- 7
From Nov'' 2010 to March 2011
1975
As determined by CERC
25 years from COD
Koderma-U#1 & Durgapur-U#1
From April 2011 onwards
2500
As determined by CERC
25 years from COD
Koderma-U#2 & Durgapur-U#2
NOTE:
i) COD: Date of Commercial Operation
ii) Tariff for sale of power from Oct' 07 to April 2011 (Ref Table-B) will be determined by CERC from time to time in accordance with CERC regulations on terms and conditions of tariff.
iii) However in absence of final/provisional tariff notification by CERC in respect of DVC at the time of commencement of power supply to DTL based on CERC Regulations on terms and conditions of tariff, a provisional tariff will be applicable as may be mutually agreed upon between DTL and DVC, which would be subject to adjustment in accordance with the tariff fixed by CERC.
DTL shall be liable to pay capacity (fixed) charges in proportion to their contracted power out of capacity additions during Xth and XIth plan in terms of target availability as per CERC norms.
4.2 Any levy such as sales tax, Electricity duty, Octroi or otherwise by whatever name or names called or either described by the Govt. of West Bengal or Govt. of Jharkhand or any other State Govt. or Govt. of India or any other competent authority in respect of energy generated by the Corporation and/or purchased by DTL from the Corporation shall be paid by DTL.
4.3 The transmission charges and transmission losses for sale of above power up to the delivery point shall be borne by DVC. No other charges beyond the delivery point (DVC Periphery) shall be borne by DVC.
4.4 All applications for availing intra-regional and inter-regional transmission system of CTU to transfer power from DVC periphery to DTL shall be made by DTL to respective RLDCs/RPCs and all other charges as per CERC norms is to be paid by DTL.
4.5 DTL shall be responsible to coordinate with CTU or any transmission licensee or other agencies for implantation of transmission system for evacuation of power from the DVC power stations with the commissioning schedules.
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From the above extracts it can be seen that during the months from December 2006 to September 2007, 100 MW of power was agreed to be supplied and the quantum of supply (Gross MW from capacity addition) agreed from October 2007 and onwards was as under:
(i)
Oct 2007 to Nov 2007:
230 MW (CTPS Unit-7)
(ii)
Dec 2007 to Mar 2010:
400 MW (CTPS Unit-8)
(iii)
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