Petition No. 240/2009. Case: Damodar Valley Corporation Vs West Bengal State Electricity Distribution Company Ltd. and Jharkhand State Electricity Board. Central Electricity Regulatory Commission
| Case Number | Petition No. 240/2009 |
| Judges | Pramod Deo, Chairperson, S. Jayaraman, V.S. Verma and M. Deena Dayalan, Members |
| Issue | Electricity Law |
| Judgement Date | June 23, 2011 |
| Court | Central Electricity Regulatory Commission |
Order:
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Regulation 5 of the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) (First Amendment) Regulations, 2011 provides as under:
(4) Where application for determination of tariff of an existing or a new project has been filed before the Commission in accordance with Clauses (1) and (2) of this regulation, the Commission may consider in its discretion to grant provisional tariff upto 95% of the annual fixed cost of the project claimed in the application subject to adjustment as per proviso to Clause (3) of this regulation after the final tariff order has been issued:
Provided that recovery of capacity charge and energy charge or transmission charge, as the case may be, in respect of the existing or new project for which provisional tariff has been granted shall be made in accordance with the relevant provisions of these regulations.
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The Petitioner, Damodar Valley Corporation has filed this petition for determination of tariff for the period 2009-14 in respect of the following generating stations/transmission assets/other assets:
S. No.
Name of the Station/Assets
1
Bokaro TPS
2
Chandrapura TPS
3
Durgapur 4
Mejia TPS (I to III)
5
Mejia TPS IV
6
MaithonHydel
7
PanchetHydel
8
TilayaHydel
9
Transmission and distribution
10
Direction office
11
Other offices
12
Central Office
13
Subsidiary Activity
14
R&D Centre
15
Information Technology
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The annual fixed charges claimed by the Petitioner for the period 2009-14 is as under:
(` in lakh)
2009-10
2010-11
2011-12
2012-13
2013-14
Annual Fixed charges claimed
276133.53
298750.93
325106.56
339159.40
348368.71
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In exercise of power under Clause 4 of Regulation 5 of the 2009 regulations, we have decided to grant provisional tariff to the Petitioner for its assets mentioned in para 2 above pending determination of the final tariff.
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After carrying out due prudence check, we allow the provisional annual fixed charges for the period 2009-14 in respect of the generation, transmission and other assets, as stated overleaf:
(` in lakh)
2009-10
2010-11
2011-12
2012-13
2013-14
Annual fixed charges allowed
193293.47
209125.65
227574.59
237411.58
243858.10
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Energy Charge Rate in respect of the generating station shall be determined in terms of Clauses 5 and 6 (a) of Regulation 21 of the 2009 regulations on month to month basis.
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The...
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