NTPC LTD Vs. CENTRAL ELECTRICITY REGULATORY COMMISSION

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The appeal has been preferred by the NTPC limited, aggrieved by the judgment and order dated 26.03.2014, passed by the Appellate Tribunal for Electricity, in Appeal No. 86 of 2002, which was preferred before the Appellate Tribunal challenging the order dated 22.2.2012, passed by the Central Electricity Regulatory Commission, New Delhi, in Review Petition No. 11 of 2011, filed by the NTPC, by which review had been allowed. As against modified order, the appeal had been preferred before the APTEL.

(3.) The facts in short indicate that the National Thermal Power Corporation Ltd. (in short 'the NTPC') is a generating company, owned and controlled by Central Government. It maintains various generating stations all over India. It is engaged in the business of generation and sale of electricity to various purchasers and beneficiaries, who are respondent Nos.2 to 20. One of the generating stations of the NTPC is at Farakka Super Power Thermal Power Station. The NTPC, on 20th July, 2009 filed petition No. 150 of 2009, in respect of the Farakka Station, before the Central Commission, praying for the revision of tariff on account of additional expenditure incurred by it for the period 2006-07 to 2008-2009. We are concerned, in the instant case, with the claim for Rs. 61.49 lakhs on communication network augmentation, and the claim for expenditure of Rs. 289.40 lakhs on capitalization of ten new wagons, and the claim for Rs. 225.54 lakhs on account of capitalization for the implementation of SAP programme in the ERP system. Only two items about communication network and capitalization of wagons have been pressed before us. The Central Commission dismissed the application for review of the tariff on 28.4.2011, by disallowing the four claims. Review petition was filed before the Central Commission on 16/6/2011, which was confined only to the disallowance of the 4th claim of Rs. 225.54 lakhs in the year 2008-09 on account of capitalisation of the implemention of the said programme of ERP system.