Petition No. 236/SM/2012. Case: In Re: Department of Power, Govt. of Manipur, Imphal and Secretary (Power), Department of Power, Govt. of Manipur, Imphal Vs. Central Electricity Regulatory Commission
| Case Number | Petition No. 236/SM/2012 |
| Judges | Dr. Pramod Deo, Chairperson, Shri S. Jayaraman, Member, Shri V.S. Verma, Member and Shri M. Deena Dayalan, Member |
| Issue | Electricity Law |
| Judgement Date | October 17, 2012 |
| Court | Central Electricity Regulatory Commission |
Order:
(New Delhi)
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Regulation 10 of the Central Electricity Regulatory Commission
(Unscheduled Interchange charges and related matters) Regulations, 2009
(hereinafter referred to as 'the UI Regulations) provides for the schedule of
payment of unscheduled interchange charges and payment security for settlement
of UI dues as under:
(1) The payment of UI charges shall have a high priority and the concerned
constituent shall pay the indicated amounts within 10 (ten) days of the issue
of statement of Unscheduled Interchange charges including Additional
Unscheduled Interchange charges by the Secretariat of the respective Regional
Power Committee into the "Regional Unscheduled Interchange Pool Account
Fund" of the concerned region.
(2) If payments against the Unscheduled Interchange charges including
Additional Unscheduled Interchange charges are delayed by more than two days,
i.e., beyond twelve (12) days from the date of issue of the statement by the
Secretariat of the respective Regional Power Committee, the defaulting
constituent shall have to pay simple interest @ 0.04% for each day of delay.
(3) All payments to the entities entitled to receive any amount on account
of UI charges shall be made within 2 working days of receipt of the payments in
the "Regional Unscheduled Interchange Pool Account Fund" of the
concerned region.
Provided that in case of delay in the UI Payment into the respective
regional UI Pool Account Fund and interest there on if any, beyond 12 days from
the date of issue of the Statement of UI charges then the regional entities who
have to receive UI payment or interest thereon shall be paid from the balance
available if any, in the regional UI Pool Account Fund of the region. In case
the balance available is not sufficient to meet the payment to the constituents,
then the payment from the regional UI Pool Accounts Fund shall be made on pro
rata basis from the balance available in the Fund.
As per the above provision of the UI Regulations, payment of UI charges
which enjoys highest priority shall be made within 10 days of the issue of the
UI statement by the Regional Power Committee and for delay beyond 12 days, the
defaulting entity shall be liable to pay interest 0.04% per day.
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North Eastern Regional Load Despatch Centre (NERLDC) has reported that a
sum of `. 1.93 crore
including surcharge is...
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