IN THE MATTER OF THE VIOLATION OF THE DIRECTIONS OF THE MAHARASHTRA ELECTRICITY REGULATORY COMMISSION Vs. MAHARASHTRA ELECTRICITY REGULATORY COMMISSION

JUDGEMENT

(1.) The Maharashtra Electricity Regulatory Commission, in exercise of the powers vested in it under Sections 22 and 29 of the Electricity Regulations Act, 1998 (ERC Act, 1998) and all other powers enabling it in this behalf and, after considering the Petition submitted by the petitioner, Shri S.R. Paranjpe, a consumer of the MSEB, hereby passes the following Order in the above referred matter.

(2.) Shri Paranjpe filed a petition on 6th November 2000 under Sections 22(2), 44 and 45 of the ERC Act, 1998, and Regulations 30, 68 and 85 of the Maharashtra Electricity Regulatory Commission (Conduct of Business) Regulations, 1999, for taking appropriate action against the MSEB for violation of the Commission's directions regarding merit order purchase, particularly with respect to power purchase from the Dabhol Power Company (DPC), contained in its Tariff Order dated 5th May 2000 and for directing the MSEB (i) to stop further purchase of energy from any source where the cost of purchase is equal to or more than the average realization per unit of electricity by the MSEB (ii) to suitably amend the Order of 5th May 2000, (iii) to take action u/s 44 of the ERC Act, 1998, and Regulation 30 of the MERC (Conduct of Business) Regulations, 1999 in the form of ad interim/interim relief.

(3.) In support, the petitioner submitted his analysis of the MSEB data on the demand and purchase of energy from the DPC during April to October 2000 alleging a continued breach of the Commission's order on merit order dispatch from June 2000 onwards.