KERALA HIGH TENSION AND EXTRA HIGH TENSION INDUSTRIAL ELECTRICITY CONSUMERS Vs. KERALA STATE ELECTRICITY REGULATORY COMMISSION

JUDGEMENT

(1.) The 1st petitioner, a registered Association of Industries, primarily of High Tension and Extra High Tension Industrial Consumers of Electricity in the State, has approached this Court along with one of its member industry and the Managing Director of the said member industry to (i) direct the 1st respondent, Kerala State Electricity Regulatory Commission (hereinafter referred to as the 'Regulatory Commission') to comply with the provisions of the Electricity Act 2003, in particular Ss. 611 and 622 and

(2.) The members of the 1st petitioner Association are engaged in manufacturing and other industrial activities in the State and are High Tension (HT) and Extra High Tension (EHT) category consumers of Kerala State Electricity Board Limited (KSEBL) availing supply at 11KV, 66 KV, 110 KV and 220 KV. The 1st respondent Regulatory Commission is constituted under Sec. 82(1)3 of the

(3.) Sec. 82 - Constitution of State Commission (1) Every State Government shall, within six months from the appointed date, by notification, constitute for the purposes of this Act, a Commission for the State to be known as the (name of the State) Electricity Regulatory Commission: PROVIDED that the State Electricity Regulatory Commission, established by a State Government under Sec. 17 of the Electricity Regulatory Commissions Act, 1998 and the Electricity Act, 2003. The 2nd respondent KSEBL is a Distribution Licensee and a State Transmission Utility (STU) notified by the 5th respondent, Government of Kerala. The 3rd respondent is the Chief Engineer (Commercial and Tariff) of KSEBL and the 4th respondent is the Ministry of Power, Government of India. 3. Chapter VII of the Electricity Act, 2003 deals with tariff. Sec. 61 of the Electricity Act, 2003 deals with tariff regulations and it empowers the Regulatory Commission to specify the terms and conditions for the determination of tariff. Sec. 1814 of the Electricity Act deals with the enactments specified in the Schedule, and functioning as such immediately before the appointed date, shall be the State Commission for the purposes of this Act and the Chairperson, Members, Secretary, and officers and other employees thereof shall continue to hold office, on the same terms and conditions on which they were appointed under those Acts: PROVIDED FURTHER that the Chairperson and other Members of the State Commission appointed, before the commencement of this Act, under the Electricity Regulatory Commissions Act, 1998 or under the enactments specified in the Schedule, may, on the recommendations of the Selection Committee constituted under sub-sec. (1) of Sec. 85, be allowed to opt for the terms and conditions under this Act by the concerned State Government.