Case: Global Energy Ltd. (GEL) Vs State of Karnataka through Principal Secretary, Energy Deptt., Karnataka State Load Despatch Centre (SLDC), Karnataka Power Transmission Corporation Ltd. (KPTCL) and Western Regional Load Despatch Centre (WRLDC). Central Electricity Regulatory Commission

JudgesPramod Deo, Chairperson, R. Krishnamoorthy, S. Jayaraman and V.S. Verma, Members
Judgement DateJanuary 11, 2010
CourtCentral Electricity Regulatory Commission


Pramod Deo, Chairperson, R. Krishnamoorthy, S. Jayaraman and V.S. Verma, Members, (New Delhi)

1. The petition has been filed alleging denial of open access by the first three respondents in contravention of the Central Electricity Regulatory Commission (Open Access in inter-State Transmission) Regulations, 2008 (Open Access regulations) and seeking the following

(a) Pass an order, directing the Respondents to implement the order dated 3.2.2009, passed by this Hon'ble Commission in petition No. 153 of 2008, by giving concurrence to the Petitioner's inter-State open access applications;

(b) Pass an order, imposing maximum penalty under Sections 142 and 146 of the Electricity Act, 2003 against the Respondent Nos. 2 & 3 and their erring officials;

(c) Pass an order, directing the Respondent Nos. 1, 2 and 3 to pay a sum of Rs. 4,09,25,700/- to the Petitioner, being the financial loss suffered by the Petitioner on account of denial of open access as a result of the government orders notified by the State of Karnataka;

(d) Pass an order, directing the Respondent Nos. 1, 2 and 3 to pay interest @ 18% per annum to the Petitioner on the aforesaid sum of Rs. 4,09,25,700/-;

(e) Pass such other order(s) as this Hon'ble Commission may deem fit and proper in the facts and circumstances of the case.

2. We have gone through the material on record and heard at length, the learned Counsels for the parties. The submissions made by the parties during the hearing have been detailed in the record of proceedings dated 27.10.2009 which is also in the realm of public records. Accordingly, we are not reproducing those submissions in this order for sake of brevity and proceed to record our findings on the prayers made by the petitioner.

3. As regards the prayer seeking issue of directions to respondents to implement the order dated 3.2.2009 passed by the Commission in Petition No. 153 of 2008 by giving concurrence to the Petitioner's request seeking inter-sate open access, learned Counsel for the petitioner submitted that the same had become infructuous in the light of the matter, pending before Karnataka High court, relating to Commission's order dated 22.1.2009, having similar issues.

4. The Commission's order dated 22.1.2009 in Petition No. 147/2008 has been challenged by the Government of Karnataka in Writ Petition No. 2703-2733/2009. The Hon'ble High Court in its order dated 28.1.2009 has granted stay on the order of the Commission. The stay order is...

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