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Jun 03 2014 (TRI)

Power Company of Karnataka Ltd., Vs. and Others Central Electricity Re ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

Rakesh Nath, Technical Member. 1. The Applicants/Appellants have filed this Appeal no. 108 of 2014 against the impugned order dated 20.02.2014 passed by the Central Commission. 2. They are Power Company of Karnataka Ltd. and the Distribution Licensees of Karnataka. 3. During the pendency of this Appeal, they have filed the present Application in IA no. 199 of 2014 for interim order seeking for stay of operation of the Rakesh Nath, Technical Member impugned order dated 20.02.2014 determining the tariff for 2x600 MW Thermal Power Project of Udupi Power Corporation Ltd., the Respondent no. 2 herein for the period 11.11.2010 to 31.3.2014 in respect of Unit no. 1 and from 19.8.2012 to 31.3.2014 in respect of Unit no. 2. 4. The other Application in IA no. 219 of 2014 has been filed against the same impugned order in Appeal no. 122 of 2014 filed by Janajagriti Samithi Karnataka, a NGO representing the consumers, praying for similar interim relief. 5. The Applicants/Appellants have submitted t...

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Jun 03 2014 (TRI)

Education Research and Development and Others Vs. Central Electricity ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

1. This IA no. 221 of 2014 has been filed by North East Transmission Company Limited, the Respondent in the main Appeal, seeking vacation of the order dated 7.4.2014 passed by this Tribunal in IA no. 150 of 2014 granting interim stay for stringing of 400 kV Pallatana-Bongaigaon transmission line over the campus of the Education Research and Development Foundation, the Appellant. 2. We have heard the Learned Senior Counsel for the Appellant and the Learned Senior Counsel for the Respondents. 3. On careful perusal of the records and on a careful consideration of the elaborate submissions made by the parties, we deem it appropriate to pass the following interim orders in the matter keeping in view the interest of both the parties. i) The Applicant/Respondent, NETC will proceed to lay down the overhead line temporarily across the campus of the Appellant by connecting existing towers which have been constructed outside the area of the College to allow flow of power on the said transmission ...

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May 30 2014 (TRI)

Torrent Power Limited, Vs. Gujarat Electricity Regulatory Commission

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

Rakesh Nath, Technical Member. 1. Appeal nos. 147, 148 and 150 of 2013 have been filed by Torrent Power Ltd. in respect of Ahmedabad distribution, Surat distribution and generation activities respectively. Appeal no. 147 of 2013 has been filed against the order dated 16.4.2013 passed by the Gujarat Electricity Regulatory Commission (œState Commission?) for truing up the financials for the FY 2011-12 and determination of tariff for the FY 2013-14 for the Appellant for Ahmedabad distribution. Appeal no. 148 of 2013 has been filed by the Appellant against the order dated 16.4.2013 passed by the State Commission for truing up the financials for the FY 2011-12 and determination of tariff for FY 2013-14 in respect of Surat distribution. Appeal no. 150 of 2013 has been filed by the Appellant against the order dated 16.4.2013 passed by the State Commission for truing up for FY 2011-12 and determination of tariff for FY 2013-14 for Appellants generation activities. 2. Since the issues inv...

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May 30 2014 (TRI)

Maharashtra State Electricity Distribution Co. Ltd Vs. Maharashtra Ele ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

Rakesh Nath, Tehnical Member. 1. This Appeal has been filed by Maharashtra State Electricity Distribution Company Ltd. challenging the order dated 16.8.2012 passed by Maharashtra Electricity Regulatory Commission (œState Commission?) regarding True up for FY 2010-11, ARR for the FYs 2011-12 and 2012-13 and Tariff determination for FY 2012-13. 2. The Appellant has raised the following issues in the Appeal. i) Creation of separate category for Government owned and managed hospitals and education institution: The Appellant in its petition had proposed to introduce a new consumer sub-category within Low Tension/High tension non-domestic (commercial) category consisting of all Government owned and operated educational institutions including higher educational institutes but excluding Government aided educational institutes. Similar approach was proposed for Government owned and operated hospitals. However, the State Commission rejected the plea of the Appellant on flawed appreciation ...

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May 30 2014 (TRI)

M/S. Gokak Power and Energy Limited Vs. Karnataka Electricity Regulato ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

M. Karpaga Vinayagam, Chairperson. 1. Gokak Power and Energy Limited is the Appellant herein. 2. The Appellant has filed this Appeal challenging the Impugned Order passed by the Karnataka State Commission dated 9.10.2013 in the matter of Wheeling and Banking Charges for Renewable Energy Generators. 3. The short facts are as follows: (a) The Appellant is a Company which is in the process of sourcing power under captive basis and it has opted for Renewable Energy Certificate (REC). (b) The Hubli Electricity Supply Company Limited, (HESCOM) the 3rd Respondent, is a Distribution Licensee. (c) The State Commission by the Order dated 9.6.2005 had determined the Wheeling and Banking Charges at 5% and 2% respectively of the energy injected into the Grid for Mini-Hydel and Wind Generators. Further to avail the banking facility, the Generator had to pay the difference of UI charges prevailing at the time of injection and drawal of electricity. (d) The Central Electricity Regulatory Commission (C...

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May 29 2014 (TRI)

Andhra Pradesh Ferro Alloys Vs. Andhra Pradesh Electricity Regulatory ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

M. Karpaga Vinayagam, Chairperson. 1. Andhra Pradesh Ferro Alloys Producers Association is the Appellant. 2. Challenging the retail supply tariff order passed by Andhra State Commission on 30.3.2013 for the year 2013-14, the Appellant has filed this Appeal. 3. The short facts are as follows. (a) The Appellant, Ferro Alloys Producers Association is an umbrella body of the Ferro Alloys Industry in the State of Andhra Pradesh. (b) The Andhra Pradesh State Commission is the first Respondent. Respondents 2 to 5 are the Distribution licensees of the State of Andhra Pradesh. (c) The State Commission issued a Regulation of 2005 on 14.11.2005 laying down the terms and conditions for determination of tariff for wheeling and Retail sale of electricity. (d) In pursuance of the said Regulations, the wheeling tariffs were determined for the control period of 5 years, namely 2009 to 2014. However, the Distribution licensees, Respondents 2 to 5 expressed their inability to file retail supply business ...

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May 29 2014 (TRI)

Power Company of Karnataka Limited and Others Vs. M/S. Himatsingka Sei ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

M. Karpaga Vinayagam, Chairperson. 1. This is an Application to condone the delay of 290 days in filing the Appeal as against the Impugned Order dated 14.2.2013 passed by the Karnataka State Commission. 2. The Power Company of Karnataka Limited and Others are the Applicants/Appellants. 3. The First Applicant is a Special Purpose Vehicle which undertakes certain duties of facilitating procurement of power. The 2nd and 6th Applicants are the Distribution Licensees in their respective designated areas. 4. M/s. Himatsingka Seide Ltd and the others are the Respondents. 5. The Respondents are the Generators. The Respondents filed the Petitions in OP No.40 of 2010 and OP No.41 of 2010 for seeking determination of tariff by the State Commission for the supply of electricity made by the various generators including the Respondents in compliance with the Government Order dated 3.4.2010 passed u/s 11 (1) of the Electricity Act, 2003. 6. The State Commission disposed of the said Petitions by the c...

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May 29 2014 (TRI)

M.P. Biomass Energy Developers and Others Vs. Madhya Pradesh Electrici ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

Rakesh Nath, Tehnical Member. 1. The present Appeal has been filed by M P Biomass Energy Developers Association and Others against the order dated 3.5.2013 passed by Madhya Pradesh Electricity Regulatory Commission (œState Commission?) in suo motu Petition no. 8 of 2013 in the matter of compliance of the judgment passed by this Tribunal in Appeal no. 93 of 2012 dealing with the tariff of the biomass based projects for the control period from FY 2012-13 to FY 2013-14. 2. The Appellants are association of Biomass Energy Developers and some Biomass Energy Developers. The State Commission is the Respondent no.1. M P Power Management Company, the procurer of power on behalf of the distribution licensees, is the Respondent no.2. 3. The brief facts of the case are as under:- i) The State Commission passed a tariff order dated 2.3.2012 determining the tariff for procurement of power by the distribution licensees from the biomass based projects for the control period 2012-14. ii) The tari...

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May 29 2014 (TRI)

Madhya Pradesh Poorv Kshetra Vidyut and Others Vs. Madhya Pradesh Elec ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

Rakesh Nath, Technical Member. 1. This Appeal has been filed by Madhya Pradesh Poorv Kshetra Vigyut Vitran Co. Ltd. and other distribution licensees of Madhya Pradesh against the order dated 22.9.2012 passed by the Madhya Pradesh Electricity Regulatory Commission (œState Commission?) pursuant to the remand by this Tribunal in Appeal no. 145 of 2009 and Review Petition no. 10 of 2010 pertaining to the truing up of financials for the FY 2006-07. 2. The facts of the case are as under: (i) The State Commission by order dated 31.3.2006 determined the ARR of the Appellant distribution licensees for the FY 2006-07. (ii) At the close of FY 2006-07, the Appellants filed their respective applications for true up of the amount of ARR for FY 2006-07 based on the audited accounts. The State Commission by order dated 16.6.2009 disposed of the three applications filed by the Appellants for truing up of accounts for FY 2006-07. In the order dated 16.6.2009, the State Commission disallowed the co...

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May 29 2014 (TRI)

The Chief Financial Controller/Revenue Vs. M/S. Best Cotton Mills, Ht ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

Rakesh Nath, Tehnical Member. 1. These Appeals have been filed by Tamil Nadu Electricity Board against the order dated 17.4.2013 passed by Tamil Nadu Electricity Regulatory Commission (œState Commission?) in a batch of cases in which it was held that the Audit slips and the consequential demand notices issued by TANGEDCO for alleged violation of demand and energy quota imposed by TANGEDCO for the months of April10 and May10 were illegal and unsustainable and were against the order of this Tribunal in Appeal no. 51 and 56 of 2012 dated 12.12.2012. 2. The Appellant is the Electricity Board. The first Respondent in these Appeals are owning wind mills in Tamil Nadu and are generating electricity therefrom and are consuming the same in their respective industries as per the wheeling agreements executed between them and TANGEDCO, the successor of the Electricity Board after reorganization. The second Respondent is the State Commission. 3. The facts of the cases are as under: i) On 17.1...

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