Petition No. 131/2010. Case: In Re: East-North Interconnection Company Limited Vs. Central Electricity Regulatory Commission
| Case Number | Petition No. 131/2010 |
| Judges | Pramod Deo, Chairperson, S. Jayaraman, V.S. Verma and M. Deena Dayalan, Members |
| Issue | Electricity Act, 2003 (the Act) - Sections 14, 15(1) |
| Judgement Date | October 28, 2010 |
| Court | Central Electricity Regulatory Commission |
Order:
(New Delhi)
1. The Applicant, East-North Interconnection Company Limited has filed this petition under Section 14 read with Section 15(1) of the Electricity Act, 2003 (the Act) for grant of Transmission Licence to undertake the business of establishing, commissioning, operation and maintenance of the following transmission lines for the "scheme for enabling import of NER/ER surplus power by NR" (hereinafter referred to as "transmission system") on 'build, own, operate and maintain' basis:
(a) Bongaigaon Siliguri 400 kV Quad D/C transmission line: 217.417 kms
(b) Purnea-Biharsharif 400 kV Quad D/C transmission line: 209.893 kms.
2. The applicant has submitted that the Central Government in exercise of powers under Section 63 of the Act has notified the "Tariff Based Competitive Bidding Guidelines for Transmission Service" (hereinafter "the Guidelines") vide Government of India, Ministry of Power, Resolution No. 11/5/2005-PG(i) dated 17.4.2006. The applicant has further submitted that East North interconnection company Limited (ENICL) in its capacity as Bid Process Coordinator (prior to its acquisition by the successful bidder) initiated the bid process on 20.10.2008 and completed the process on 12.10.2009 in accordance with the Guidelines. M/s Sterlite Technology Limited (STL) has been selected as the successful bidder having quoted the lowest levelised transmission charge. Accordingly, a Letter of Intent (LOI) was issued by the Bid Process Coordinator (BPC) on 7.1.2010 to STL, the successful bidder. STL has accomplished all the milestones required in the terms of Request for Proposal (RFP) and the Letter of Intent including acquisition of ENICL. After acquisition, ENICL has approached the Commission for adoption of tariff in a separate petition. The present petition has been filed for grant of transmission licence. We had examined the application of the applicant in the light of the provisions of the Electricity Act, 2003 (the Act) and provisions of Central Electricity Regulatory Commission (Procedure, Terms and Conditions for grant of Transmission Licence and other related matters) Regulations, 2009 as amended from time to time (hereinafter 'transmission licence regulations'). We had in our order dated 16.8.2010 directed as under:
Considering all the materials on record we are prima facie of the view that the applicant satisfies the conditions for grant of inter-State transmission licence for planning, construction, operation and maintenance of the...
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