Petition No. 155/2008. Case: Damodar Valley Corporation, Kolkata Vs West Bengal State Electricity Distribution Company Limited, Kolkata, Jharkhand State Electricity Board, Ranchi and Madhya Pradesh Power Trading Co. Ltd., Jabalpur. Central Electricity Regulatory Commission
| Case Number | Petition No. 155/2008 |
| Judges | Dr. Pramod Deo, Chairperson, Shri S. Jayaraman, Member, Shri V.S. Verma, Member and Shri M. Deena Dayalan, Member |
| Issue | Damodar Valley Corporation Act, 1948 - Section 40 |
| Judgement Date | November 20, 2012 |
| Court | Central Electricity Regulatory Commission |
Order:
(New Delhi)
1. The petitioner, DVC had filed this petition for approval of tariff of Mejia TPS Extension, Unit Nos. 5 & 6 (2 x 250 MW) (hereinafter referred to as "the generating station") for the period 29.2.2008 to 31.3.2009, based on the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2004 (hereinafter referred to as "the 2004 regulations") and the Commission by its order dated 23.12.2009 determined the annual fixed charges for the period 2004-09 based on the capital cost as under:
The pro-rata annual fixed charges approved by order dated 23.12.2009 is as under:
Background
2. The Commission by its order dated 30.4.2008 in Petition No. 53/2008 (with IA No. 4/2008) had approved single part provisional tariff of `2.90/kWh for Unit-5 of the generating station. Subsequently, the Commission vide order dated 23.12.2009 in Petition No. 155/2009 approved the tariff for the period from 29.2.2008 to 23.9.2008 in respect of Unit-5 and from 24.9.2008 to 31.3.2009 for Unit Nos. 5 & 6 of the generating station. Aggrieved, the petitioner filed Appeal No. 40/2011 before the Appellate Tribunal for Electricity ("the Tribunal") challenging the Commission's order dated 23.12.2009. In the said appeal, the petitioner had raised the following issues for consideration of the Tribunal.
(i) Notional interest during construction;
(ii) Un-discharged liabilities duly incurred as on the date of the commercial operation but pending payment.
(iii) Interest on Capital contribution admissible as per Section 38 of the Damodar Valley Corporation Act, 1958.
(iv) O & M Expenses relating to payment made by virtue of the revision of pay to the DVC personnel as a result of the implementation of the Sixth Pay Commission Recommendations.
(v) Contribution to the Sinking Fund as per provisions of Section 40 of the DVC Act, 1948.
(vi) Rate of Interest on working capital.
3. However, during the proceedings before the Tribunal, the petitioner did not press for issues (v) and (vi) above. The Tribunal after considering the submissions of the parties had rejected the prayers of the petitioner relating to issues (i) and (iii) above by its judgment dated 1.5.2012. As regards the issue at (ii) above viz., Un-discharged liabilities duly incurred as on the date of the commercial operation but pending payment, the Tribunal in its judgment dated 1.5.2012 had recorded the undertaking made by the Commission to allow the un-discharged liabilities...
To continue reading
Request your trial