Docket No. 042/GT/2011. Case: Damodar Valley Corporation, Kolkata Vs Delhi Transco Ltd, New Delhi and Madhya Pradesh Power Trading Company Ltd, Jabalpur. Central Electricity Regulatory Commission

Case Number:Docket No. 042/GT/2011
Party Name:Damodar Valley Corporation, Kolkata Vs Delhi Transco Ltd, New Delhi and Madhya Pradesh Power Trading Company Ltd, Jabalpur
Judges:Dr. Pramod Deo, Chairperson, Shri S. Jayaraman, Member, Shri V.S. Verma, Member and Shri M. Deena Dayalan, Member
Issue:Electricity Law
Judgement Date:October 10, 2012
Court:Central Electricity Regulatory Commission


(New Delhi)

  1. This petition has been filed by the petitioner, Damodar ValleyCorporation Ltd (DVC) for approval of tariff of Chandrapura Thermal PowerStation, (2 x 250 MW) (hereinafter referred to as "the generatingstation") for the period from 2.11.2011 to 31.3.2014 for Unit-7 and forUnit-8 from 15.7.2011 to 31.3.2014, based on the Central Electricity RegulatoryCommission (Terms and Conditions of Tariff) Regulations, 2009 (hereinafterreferred to as "the 2009 Tariff Regulations"). The petitioner hadearlier filed Petition No. 339/2010 before the Commission for determination oftariff for the generating station from the respective date of their commercialoperation till 31.3.2014 and the Commission after hearing the matter on23.6.2011, disposed of the same by order dated 6.7.2011 as under:

    Admittedly, in the present case, the petitioner could not achieve thecommercial operation of Unit-7 of the generating station during June 2011.Moreover, it is also not clear from the submissions of the petitioner as towhen the generating station is expected to be under commercial operation. Inview of this, no useful purpose would be served to keep the petition pendingmore so when the generating station as a whole or its units is not expected tobe declared under commercial operation soon. Keeping in view the totality ofthe circumstances we are inclined to dispose of this petition.

    Accordingly, the petition is disposed of with the direction that thepetitioner is at liberty to approach the Commission with a fresh petition forapproval of tariff of the generating station in accordance with the provisionsof the 2009 regulations, after taking into account the revised capitalexpenditure on account of rescheduling of the commercial operation of the unitsof the generating station, which would be considered in accordance with thelaw.

  2. Unit-8 of the generating station has achieved commercial operation on15.7.2011 and Unit-7 was expected to be declared under commercial operation on31.10.2011. Accordingly, in terms of the liberty granted as above, thepetitioner has filed this petition for determination of tariff of Units-7 and 8of the generating station from the date of their commercial operation (COD).The petitioner has also prayed for grant of provisional tariff in terms ofRegulation 5 of the 2009 Tariff Regulations, pending determination of finaltariff.

  3. Clauses (1) and (2) of Regulation 5 of the 2009 regulations provides asunder:

  4. Application for determination of tariff. (1) The generating company orthe transmission licensee, as the case may be, may make an application fordetermination of tariff in accordance with Central Electricity RegulatoryCommission (Procedure for making of application for determination of tariff,publication of the application and other related matters) Regulations, 2004, asamended from time to time or any statutory re-enactment thereof, in respect ofthe units of the generating station or the transmission lines or sub-stationsof the transmission system, completed or projected to be completed within sixmonths 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, fordetermination of tariff based on capital expenditure incurred duly certified bythe auditors or projected to be incurred up to the date of commercial operationand additional capital expenditure incurred duly certified by the auditors orprojected to be incurred during the tariff period of the generating station orthe...

To continue reading