Petition No. 27/2011. Case: SJVN Limited, New Shimla Vs Punjab State Power Corporation Ltd., Patiala and Ors.. Central Electricity Regulatory Commission

Case NumberPetition No. 27/2011
CounselFor Appellant: Shri Manoj Kumar Mittal, SJVNL, Shri R.K. Agarwal, SJVNL, Shri Ashok Kumar, SJVNL, Ms. Sonia Dogra, SJVNL and Shri Prashant Kumar, SJVNL and For Respondents: Shri Padamjit Singh, PSPCL, Shri T.P.S. Bawa, PSPCL, Shri R.B. Sharma, Advocate, BRPL, Shri Sanjay Srivastav, BRPL and Shri Jitendra Singh, BRPL
JudgesShri Pramod Deo, Chairperson and Shri M. Deena Dayalan, Member
IssueElectricity Law
Judgement DateJanuary 16, 2013
CourtCentral Electricity Regulatory Commission


  1. This petition has been filed by the petitioner SJVN Ltd., for revision of annual fixed charges for Nathpa Jhakri Hydroelectric Power Station, (6x250 MW) (hereinafter referred to as "the generating station") for the period from 1.4.2004 to 31.3.2009, based on the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2004 ("the 2004 Tariff Regulations"). The generating station, located in the State of Himachal Pradesh, with an installed capacity of 1500 MW (6X250 MW) has been constructed by the petitioner, a joint venture between the Government of India and Government of Himachal Pradesh, as a run-of-river project with pondage. The generating station is designed to generate energy to the extent of 6984 MUs per annum in a 90% dependable year and 1500 MW of peak power. The dates of commercial operation of the different units of the generating station are as under:

  2. The petitioner filed Petition No. 184/2004 for approval of provisional tariff for the generating station for the period 1.4.2004 to 31.3.2009 and the Commission vide order dated 17.6.2005 allowed provisional tariff @ 2.35/kWh (translated into two part tariff) for the years 2004-05 and 2005-06, based on the consensus reached between the petitioner and the beneficiaries of Northern Region. The Annual fixed charges of ` 133525 lakh and ` 141483 lakh were provisionally allowed for the years 2004-05 and 2005-06 respectively. Subsequently, the Commission approved the continuation of provisional tariff @ ` 2.35/kwh up to 31.3.2007. The Commission extended the continuation of the provisional tariff till 31.3.2008 and approved Annual Fixed Charges of ` 127812 lakh for 2007-08 on the basis of RCE-II approved cost of ` 766631 lakh vide order dated 5.9.2007 in I.A. No. 13/2007. Thereafter, Petition No. 20/2008 was filed by the petitioner for approval of final tariff of the generating station for the period 2004-09. The Commission approved the annual fixed charges of the generating station based on the capital cost of ` 501786.89 lakh as on 31.3.2004 by its order dated 31.12.2008 as under:

  3. Subsequently, by order dated 3.2.2009 in Petition No. 20/2008, certain typographical errors as regards capacity index was corrected.

  4. The petitioner in the present petition has claimed revision of annual fixed charges considering the impact of additional capital expenditure for 2004-09 as detailed below in terms of the 2004 Tariff Regulations:

    (a) Approve the revised Annual Fixed Charges (AFC) of the generating station considering impact of additional capitalization for the period 2004-09, in accordance with the applicable orders of the Commission and the terms and conditions prescribed through regulations notified on 26.3.2004 and its...

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