Petition No. 228/MP/2012. Case: M/s. Rithwik Energy Generation Private Limited Vs State Load Despatch Centre, Karnataka Power Transmission Corporation Ltd. and Bangalore Electricity Supply Co. Ltd.. Central Electricity Regulatory Commission

Case NumberPetition No. 228/MP/2012
CounselFor Appellant: Shri Venkata Krishna K., Advocate, REGPL and For Respondents: Ms. Swapna Seshadri, Advocate, SLDC and KPTCL and Shri Venkita Subramaniam, Advocate, BESCOM
JudgesPramod Deo, Chairperson, S. Jayaraman, Member, V.S. Verma, Member and M. Deena Dayalan, Member
IssueElectricity Law
Judgement DateMay 09, 2013
CourtCentral Electricity Regulatory Commission


  1. In this petition, the petitioner has made the following prayers, namely:

    (a) Set aside the order/communication dated 15.06.2012 in No. CEE/EE/AEE-3/SLDC/37778 issued by State Load Despatch Centre, Karnataka Power Transmission Corporation Ltd. vide Annexure -P13;

    (b) Direct State Load Despatch Centre, Karnataka Power Transmission Corporation Ltd. issue concurrence/ NoC/ prior standing clearance to the petitioner pursuant to application dated 05.06.2012 vide Annexure P12 in a time bound manner;

    (c) Direct the respondents /BESCOM to pay damages at the rate of Rs. 5.50 per kWh of power received from petitioner from the date of Termination of PPA i.e. 15.05.2012 till grant of open access.

    (d) Award cost of this petition;

    (e) Pass such other further orders as this Hon'ble Commission may deem appropriate to meet the ends of justice including awarding cost to the petitioner.

    The petitioner who has set up a 24.75 MW mini Hydel Power Project (the Project) across the left bank of river Nethravathi, in Dakshina Kanada District of the State of Karnataka, entered into a Power Purchase Agreement (PPA) dated 3.5.2007 with Bangalore Electricity Supply Company, (the third respondent) for supply of 24 MW of power from the Project. Under the PPA the tariff was fixed at ` 2.80/kWh of the delivered energy The third respondent approached the Karnataka Electricity Regulatory Commission (the State Commission) for approval of the PPA which was returned by the State Commission with some observations on 6.6.2009. The petitioner has claimed that it started supplying power to the third respondent from 28.9.2009 when generation started.

  2. The petitioner has submitted that because of various developments, it felt that there was no valid and subsisting PPA between him and the third respondent. Therefore the petitioner filed a petition (O.P. No. 29/2009) before the State Commission praying for a declaration that there was no valid or subsisting PPA with the third respondent and the PPA dated 3.5.2007 was non est/void and prayed for a direction to the respondents to grant open access and to allow wheeling and banking of power by entering into requisite agreement. The State Commission by its order dated 23.12.2010 rejected the petition holding that PPA dated 3.5.2007 was valid and subsisting. The petitioner filed an appeal, being Appeal No. 51/2011 before the Appellate Tribunal against the State Commission's order dated 23.12.2010. By its order dated 21.10.2011 the Appellate Tribunal dismissed the appeal. Though certain other directions were given by The Appellate Tribunal, reference to those directions is unnecessary for the purpose of the present order. The petitioner filed the second appeal before the Hon'ble Supreme Court against the order dismissing its appeal by the Appellate Tribunal. The second appeal was dismissed at the admission stage by the order dated 12.3.2012 and the petition filed by the petitioner seeking review of the order dated 12.3.2012 came to be dismissed by the Hon'ble Supreme Court by its order dated 29.8.2012.

  3. The petitioner has submitted that the third respondent committed continuous breaches of its financial obligations under the PPA and failed to make payment of the amounts due despite repeated notices and opportunities...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT