Petition No. 7/RP/2011. Case: NTPC Limited Vs Power Grid Corporation of India Limited, [Alongwith Petition No. 144/MP/2011]. Central Electricity Regulatory Commission
| Case Number | Petition No. 7/RP/2011 |
| Counsel | For Appellant: Shri V.K.V. Rama Rao, Shri V.K. Padha, Shri S.K. Sharma and Shri G.K. Dua, NTPC and Shri V. Suresh, NLC |
| Judges | Pramod Deo, Chairperson, V.S. Verma, Member and M. Deena Dayalan, Member |
| Issue | Code of Civil Procedure, 1908 (CPC) - Rule 1; Electricity Act, 2003 - Section 94(1)(f) |
| Judgement Date | June 07, 2013 |
| Court | Central Electricity Regulatory Commission |
Order:
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The Petitioner, NTPC Limited has filed Petition No. 7/2004, seeking review of the order No. L-1/44/2010-CERC dated 29.4.2011, approving the Transmission Service Agreement, Revenue Sharing Agreement, Billing, Collection and Disbursement Procedure under Central Electricity Regulatory Commission (Sharing of Inter-State Transmission Charges and Losses) Regulations, 2010 (hereinafter referred to as 'the Sharing Regulations') with following prayers:
(i) Review the order No. L-1/44/2010-CERC dated 29.4.2011 to delete provision of extension of liability of paying charges to inter-State Generating Stations in case of partial payment/payment default by Long-Term Demand in BCD procedure;
(ii) Review the order dated 29.4.2011 and delete the last sentence of Clause 16.4.4 of Transmission Service Agreement referring to cessation of DIC being party to the Agreement unless lenders of the concerned ISTS licensee have exercised their right of substitution; and
(iii) Review the order dated 29.4.2011 to include new RPC certified transmission systems of non-ISTS licensees to be party to this agreement
Briefly, the facts of the case are that in accordance with the provisions of Chapters 5 and 6 of the Sharing Regulations, Power Grid Corporation of India Ltd. in its capacity as the Central Transmission Utility (CTU) had submitted the draft Transmission Service Agreement (TSA), Revenue Sharing Agreement (RSA) and Billing, Collection and Disbursement (BCD) Procedure after taking into consideration the comments received from the stakeholders up to 3.12.2010 vide its letter No. C/01/Tr.Sh dated 31.12.2010. The Commission, vide its order dated 29.4.2011, had accordingly granted approval to these documents. Regulation 21(2) of the sharing of transmission charges and losses regulations provides as under:
(2) The Implementing Agency, NLDC, CTU, RLDC, RPC, ISTS Licensees and Designated ISTS Customers may make an application to the Commission and seek suitable order to remove any difficulties that may arise in implementation of these regulations.
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NTPC has submitted as under:
(i) Clause 2.2.1.3 of the Billing, Collection and Disbursement Procedure (BCD Procedure) provides that in case of partial payment/payment default by distribution utilities, payment liability shall be extended to original Designated ISTS Customers (DIC). However, clause 2.2.1.3 is not in consonance with the Sharing Regulations, under which the BCD Procedure has been framed;
(ii) Chapter 6...
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