Miscellaneous Petition No. 212/2012. Case: North Eastern Electric Power Corporation Ltd., New Delhi Vs Meghalaya Energy Corporation Ltd., Shillong. Central Electricity Regulatory Commission
| Case Number | Miscellaneous Petition No. 212/2012 |
| Judges | Dr. Pramod Deo, Chairperson, Shri S. Jayaraman, Member and Shri V.S. Verma, Member |
| Issue | Electricity Law |
| Judgement Date | October 04, 2012 |
| Court | Central Electricity Regulatory Commission |
Order:
(New Delhi)
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The petitioner, North Eastern Electric Power Corporation Ltd. (NEEPCO),
has filed this application praying for the following reliefs:
(i) Direct the respondent to immediately clear the outstanding dues
amounting to ` 197.82
crore and to make payments regularly against monthly energy bills raised by the
petitioner from time to time; and
(ii) Issue any such directions or orders as may be considered appropriate to
ensure that the respondent has sufficient disincentive in not making payment on
due dates.
The petitioner has been supplying power from its generating stations and has
been raising bills and collecting Capacity charges and Energy charges on
monthly basis for the electricity supplied, in terms of Regulation 32 of the
Central Electricity Regulatory Commission (Terms and Conditions of Tariff)
Regulations, 2009.
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The petitioner has submitted that it has been supplying power to the
respondent from its generating stations and the respondent has with effect from
April, 2012 stopped payment of its bills, which include both arrear bills
raised with effect from April, 2009, based on the tariff orders passed by this
Commission pertaining to the tariff period 2009-14 and the current monthly
bills (including late payment surcharge and arrear bills calculated till
30.6.2012). The petitioner has also submitted that the total outstanding dues
from the respondent is `
197.82 crore as on 31.8.2012. It has further submitted that despite regular
follow up and concerted efforts by the petitioner including meetings convened
by the Ministry of Power, Government of India, wherein the respondent agreed to
make payments, the outstanding dues have not been liquidated by the respondent.
Copies of the record of the meetings have been collectively enclosed as
Annexure-I to this petition.
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The petitioner has submitted that due to the non-payment of outstanding
dues, notice to the respondent for regulation of power supply to the extent of
15% of the allocated share of the respondent from the generating stations of
the petitioner was issued to the respondent with effect from 9.1.2012. It has
also submitted that subsequently, based on the written assurance by the
respondent vide its letter dated 30.4.2012 for payment of ` 8.00 crore per month for
clearance of outstanding dues and for withdrawal of the power regulation
imposed by the petitioner, the regulation of power supply as above was
withdrawn by the petitioner with effect from...
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