LAWS(ET)-2011-11-3

SAI CHEMICALS PRIVATE Vs. CHHATISGARH STATE REGULATORY

Decided On November 11, 2011
Sai Chemicals Private Appellant
V/S
Chhatisgarh State Regulatory Respondents

JUDGEMENT

(1.) M . KARPAGA VINAYAGAM, CHAIRPERSON 1. M/s. Sai Chemicals Private Limited is the Appellant. Chhattisgarh State Electricity regulatory Commission (State Commission) is the first Respondent. State Load Despatch Centre is the second Respondent. The Appellant has challenged the order dated 5.10.2010 passed by the State Commission.

(2.) AGGRIEVED over the directions issued by the State Commission to the Appellant to make a payment of wheeling and transmission charges for use of intra -state transmission system for inter -state transmission of electricity generated from its bio - mass based generating plant, the Appellant has filed this Appeal. The short facts are as follows.

(3.) THE main issue raised by the Appellant in the present Appeal is that tariff Regulations 2008 are applicable to the Appellant and as such the Appellant is liable to pay only the beneficial open access charges as per the said Regulations and therefore, the act of the SLDC (R -2), collecting the excess open access charges is liable to be proceeded with under section 142 of the Act. The Appellant submissions on this point in brief are as follows: