Petition No. 567/MP/2014. Case: DB Power Limited Vs Western Regional Load Despatch Centre and Ors.. Central Electricity Regulatory Commission

Case NumberPetition No. 567/MP/2014
CounselFor Appellant: Deepak Khurana, Advocate
JudgesGireesh B. Pradhan, Chairperson, A.K. Singhal and A.S. Bakshi, Members
IssueElectricity Law
Judgement DateFebruary 12, 2015
CourtCentral Electricity Regulatory Commission


  1. This petition has been filed by the petitioner, DB Power Limited under Clause (7) of Regulation 8 of the Central Electricity Regulatory Commission (Grant of connectivity, Long-term Access and Medium-term Open access in inter-State transmission and related matters) Regulations, 2009 as amended from time to time (Connectivity Regulations) and Central Electricity Regulatory Commission (Deviation Settlement Mechanism) Regulations, 2014 with the following prayers:

    "(a) Allow the petitioner to draw start up power for Unit-2 under DSM for the period when Unit-1 is not in operation;

    (b) Allow the petitioner extension of period for testing including full load testing and consequent injection of infirm power by Unit-2 beyond 6 months of initial synchronization and up to 30.6.2015 or the date of COD of Unit-2, whichever is later;

    (c) Delay in filing this petition may be condoned; and

    (d) Pass any other order as it may deem fit in the circumstances mentioned above."

  2. The petitioner is setting up 1200 MW (2 X 600 MW) thermal power project ("the project") at Village Baradarha Janjgir Champa District, in the State of Chhattisgarh. The BTG package for the project is supplied, erected and executed by BHEL and Balance of Plant as well as civil works is executed by L & T.

  3. The Unit-1 of the project achieved oil synchronization with grid on 9.10.2013. Further, the coal synchronization and full load was achieved on 23.2.2014 and the same is ready for commercial production. However, the Unit-1 is, at present, not operational due to the following reasons:

    (i) Pursuant to the execution of the Power Purchase Agreement with the Tamil Nadu Generation and Distribution Company Limited (TANGEDCO) for 208 MW, the petitioner was granted LTA by CTU for 36 MW from 1.6.2014 to 31.7.2014 and for the full quantum of 208 MW from 1.8.2014 till 30.9.2028.

    (ii) CTU vide its letter dated 22.9.2014 deferred the operationalization of LTA by treating the application made in the month of November, 2013 as an application made in the month of January, 2014. Aggrieved by the said decision of CTU, the petitioner filed the Petition No. 376/MP/2014 before this Commission which is under consideration.

    (iii) Deferment of operationalization of LTA by PGCIL has led to shutting down of operations of Unit-1. As a result, the petitioner is not able to avail start up power for Unit-2 from Unit-1.

    (iv) WRLDC vide its letters dated 8.12.2014 and 15.12.2014 directed the petitioner not to...

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