Case: GMR Industries Ltd. Vs Karnataka Power Transmission Corporation Limited, Hubli Electricity Supply Company Ltd. and State Load Despatch Centre, Karnataka Power Transmifssion Corporation Ltd.. Central Electricity Regulatory Commission
| Judges | Pramod Deo, Chairperson, R. Krishnamoorthy and V.S. Verma, Members |
| Issue | Electricity Laws |
| Judgement Date | December 11, 2009 |
| Court | Central Electricity Regulatory Commission |
Order:
Pramod Deo, Chairperson, R. Krishnamoorthy and V.S. Verma, Members, (New Delhi)
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This petition has been filed against the denial, by the first respondent who is also operating the State Load Despatch Centre, of open access sought by the petitioner. Briefly, the submissions of the petitioner are as under:
(a) The petitioner has a co-generation plant of capacity 24 MW and 20.86 MW exportable capacity in the State of Karnataka. The petitioner had entered into a Power Purchase Agreement (PPA) on 22.1.2007 for sale of its surplus power to the second respondent.
(b) As the second respondent did not adhere to the payment schedule, a default notice was issued on 5.6.2009. Since the second respondent neither cured the defaults nor responded to the default notice, a notice of termination of the PPA was issued on 9.7.2009.
(c) Subsequently, the petitioner filed application dated 13.7.2009 for availing open-access. Third respondent, vide its letter dated 14.7.2009 sought certain additional details like power plant location, copy of synchronization approval, position of metering point, copy of PPA with the second respondent or trading company etc. The above details were furnished vide the petitioner's letter dated 16.7.2009.
(d) Third respondent vide its letter dated 18.7.2009 denied open- access on the ground that all the power generating plants, including cogen units having valid PPA with ESCOMs shall continue to supply power to the respective ESCOM.
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The petitioner has sought the following reliefs through the present petition:
(a) To hold and declare communication dated 18.7.2009 from the third respondent, illegal and contrary to open access regulations framed by this Commission.
(b) To set aside the impugned communication dated 18.7.2009 by the third respondent.
(c) To issue suitable directions to the third respondent to consider the open-access application filed by the petitioner strictly in accordance with the provisions of Central Electricity Regulatory Commission (Open Access in inter-State Transmission) Regulations, 2008 (hereinafter "the open access regulations").
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Replies to the petition have been filed by the first and the second respondents. We have gone through the pleadings and have heard the learned Counsels for the parties present. Accordingly, we proceed to dispose of the matter.
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The first respondent in its reply filed under affidavit dated 5.9.2009 has urged the following to justify denial of open access to the...
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