Petition No. 3/GT/2013 (Docket No. 23/GT/2011). Case: NHPC Ltd. Vs Power Development Department. Central Electricity Regulatory Commission

Case NumberPetition No. 3/GT/2013 (Docket No. 23/GT/2011)
JudgesPramod Deo, Chairperson, S. Jayaraman, Member, V.S. Verma, Member and M. Deena DayalanMember
IssueElectricity Law
Judgement DateApril 01, 2013
CourtCentral Electricity Regulatory Commission


  1. The petitioner, NHPC Ltd. has filed this petition for approval of generation tariff of Chutak Hydroelectric Project (4 x 11 MW) ('the generating station") for the period from 1.9.2011 (expected date of commercial operation) to 31.3.2014 based on the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009, (hereinafter referred to as "the 2009 Tariff Regulations"). The generating station situated in the State of J & K, has been designed as a purely run of the river scheme and comprises of four units with a capacity of 11 MW each. The project has been sanctioned by the Government of India during August, 2006 at a cost of ` 621.26 crore (including IDC and FC of ` 3.69 crore at December, 2005 price level). The petitioner has entered into a Power Purchase Agreement (PPA) with the Government of J & K on 26.10.2005 and power is allocated from the generating station as per Ministry of Power, Government of India letter dated 2.9.2011. The power generated from the generating station was initially planned to be evacuated at 33 kV level through 220/33 kV network comprising of 220 kV Alistang(Srinagar)-Leh transmission line having 4 nos. 220/33 kV sub-stations, namely Drass, Kargil, Khalsti and Leh respectively. Subsequently, CEA decided that 66 kV network would be more suitable for evacuation of power from the generating station and for distribution in Kargil area and accordingly evacuation system was planned at 66 kV for the generating station. The evacuation system (66/11 kV) beyond the switchyard of the generating station was to be constructed by the respondent which was further to be connected to Gramthang, Kargil, Mulbek, Sankoo and Khangral sub-stations via the 66 kV transmission line.

  2. Units I to III of the generating station were declared under commercial operation on 29.11.2012. During the pendency of the petition, the petitioner had filed interlocutory application (I.A. No. 15/2012) for recovery of annual fixed charges based on actual energy generated from the generating station as per available load and for relaxation of operational/technical norms in terms of Clause-4 of Part-7 (Miscellaneous) of the Central Electricity Regulatory Commission (Indian Electricity Grid Code) Regulations, 2010 under Regulation 44 of 2009 Tariff Regulations. The Commission after considering the submissions of the parties disposed of the said application by its order dated 31.12.2012.

  3. Subsequently, on 7.2.2013 the instant petition was heard and the Commission reserved its order on the petition.

  4. While so, the...

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