Petition No. 339/2010. Case: Damodar Valley Corporation, Kolkata Vs 1. Delhi Transco Ltd., New Delhi, 2. Madhya Pradesh Power Trading Company Ltd., Jabalpur. Central Electricity Regulatory Commission

Case NumberPetition No. 339/2010
JudgesDr. Pramod Deo, Chairperson, Shri S.Jayaraman, Member, Shri V.S.Verma, Member and Shri M.Deena Dayalan, Member
IssueCentral Electricity Regulatory Commission - Regulation 3 (6)
Judgement DateJuly 06, 2011
CourtCentral Electricity Regulatory Commission


  1. This petition has been filed by the petitioner, Damodar Valley Corporation on 23.12.2010, for determination of tariff of Chandrapura Thermal Power Station (Unit Nos.7 & 8) (hereinafter referred to as "the generation station") from the date of commercial operation to 31.3.2014, based on the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 (hereinafter referred to as the 2009 regulations").

  2. The expected date of commercial operation to the units of the generating station as submitted in the petition is as under:

    Unit-7 1.4.2011

    Unit-8 31.12.2010

  3. Thereafter, in response to the directions of the Commission vide letters dated 18.2.2011 and 25.2.2011 to submit additional information, the petitioner vide its affidavit dated 8.4.2011 filed additional information in respect of the generating station. In the said affidavit, the petitioner has indicated the expected date of commercial operation of Unit-7 as June, 2011 and Unit-8 as April, 2011.

  4. During the hearing on 23.6.2011, the proxy counsel for the petitioner prayed for the hearing to be adjourned on account of the personal difficulty of the Counsel appearing in the matter.

  5. On a specific query by the Commission as to whether the generating station was expected to be under commercial operation by the end of June 2011, the representative of the petitioner replied in the negative.

  6. Regulation 5(1) of the 2009 regulations provide as under:

    "5. 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 substations of the transmission system, completed or projected to be completed within six months from the date of application."

  7. Admittedly, in the present case, the petitioner could not achieve the commercial operation of Unit-7 of the generating station during June 2011. Moreover, it is also not clear from the...

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