Case BriefsTribunals/Commissions/Regulatory Bodies

Central Electricity Regulatory Commission (CERC): Coram of P.K. Pujari (Chairperson) and Dr M.K. Iyer (Member) and I.S. Jha (Member) allowed the petition of the Odisha Power Generation Corporation Limited for drawal of start-up power and injection of infirm power from Unit-4 of the petitioner`s Thermal Power Plant at Jharsuguda to complete the auto loop tuning and unit stabilization on full load for the period up to 23.10.2019 or actual date of commercial operation, whichever is earlier, in terms of clause (7) of Regulation 8 of the Central Electricity Regulatory Commission Regulations, 2009.

The Fourth Proviso to Regulation 8(7) of the Connectivity Regulations provides that the petitioner can seek an extension of the period for the interchange of power on an application to be filed at least two months in advance of the completion of the prescribed period. The petitioner could not approach the Commission within the stipulated time due to the technical failures faced at their Unit which were beyond the control of the petitioner. Therefore, it was constrained to file the present petition after the deadline of 23.5.2019, seeking an extension of time for drawal of infirm power.

The Commission after taking into consideration the difficulties expressed by the petitioner allowed the instant petition, however, clarifying that extension of time granted as above shall not entitle the petitioner for IEDC/IDC for the delay in declaration of COD from the scheduled COD which will be decided in accordance with the relevant provisions of the Tariff Regulations.[Odisha Power Generation Corpn. Ltd. v. Eastern Southern Regional Power Committee, 2019 SCC OnLine CERC 74, decided on 22-07-2019]

Case BriefsTribunals/Commissions/Regulatory Bodies

Central Electricity Regulatory Commission (CERC): The Coram of P.K Pujari (Chairperson), and Dr M.K. Iyer and I.S. Jha (Members) disposed of a power generating company’s petition for determination of tariff as infructuous, due to change in anticipated date of commercial operation (COD).

Petitioner company had entered into power purchase agreements (PPAs) with the Respondents and power from the Gadarwara Super Thermal Power Station (generating station) had been allocated by the Ministry of Power. Unit-I of the generating station was test synchronized and the expected to commercially operate from 10-12-2018. Thus, the instant petition was filed for approval of tariff of Unit-I of generating station for the period from COD 10-12-2018 to 31-03-2019 in terms of the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2014.

During the pendency of this petition, petitioner submitted that due to certain uncontrollable factors, Unit-I of the generating station could not achieve COD on or before 31-03-2019 and the said unit was expected to achieve COD during the period 2019-24. Accordingly, it sought permission to file a fresh petition for determination of tariff of Unit-I of the generating station from its anticipated COD till 31-03-2024 in terms of the provisions of the CERC Tariff Regulations, 2019.

The Commission noted that Regulation 9(1) of the 2019 Tariff Regulations provides that a generating company can file an application for determination of tariff for the new generating station or units thereof which are expected to achieve commercial operation within 60 days of the filing of such application. Since Unit-I of generating station was expected to achieve COD by 30-04-2019, this petition filed in terms of the 2014 Tariff Regulations would be rendered infructuous.

In view of the above, this petition was disposed of as infructuous; granting the petitioner company, liberty to file a fresh tariff petition in terms of 2019 Tariff Regulations. [NTPC Ltd. v. Madhya Pradesh Power Management Company Ltd., Petition No. 376/GT/2018, Order dated 30-04-2019]