MAHARASHTRA STATE ELECTRICITY Vs. MAHARASHTRA ELECTRICITY

JUDGEMENT

(1.) MAHARASHTRA State Electricity Distribution Co. Ltd. preferred this appeal against the order dated 17.8.2009 passed in petition no. 116 of 2008 by the Maharashtra State Electricity Regulatory Commission, the respondent No. 1 herein whereby the said Commission made order in respect of true up for the FY 2007 -08, annual performance review for 2008 -09 and determination of ARR and tariff for the FY 2009 -10.

(2.) CERTAIN facts require to be mentioned bereft of unnecessary verbiages. Maharashtra State Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2005 came into force on 26.8.2005. It superseded the earlier Regulations 2004. Importantly, the Commission issued the Multi Year Tariff Order in respect of the appellant on Appeal No. 124 of 2010 Page 2 18.5.2007 that came into effect from 1.5.2007 and in this order tariff for FY 2007 -08 was determined. On 30.11.2007 the appellant submitted a petition for annual performance review of its business for FY 2007 -08 and for determination of tariff for FY 2008 -09 in respect of which the Commission passed an order on 20.6.2008. This tariff order for FY 2008 -09 was enforceable from 1.6.2008. On 20.7.2008 the appellant filed a review petition for review of the order dated 20.6.2008 passed in case No. 72 of 2007 and the Commission in such review petition by the order dated 10.12.2008 upheld some of the contentions raised in the review petition with clarification that the impact of such review would be taken into account when the Commission passes order for annual performance review for the year 2008 - 09 and determines tariff for the FY 2009 -10. On 8.12.2008 the appellant submitted its petition for true up for FY 2007 -08, APR for 2008 -09 and ARR and tariff for 2009 -10. On 17.8.2009 the Commission passed the impugned order upon such petition and when the appellant filed a review application for review of the order dated 17.8.2009 passed in case No. 116 of 2008 the Appeal No. 124 of 2010 Page 3 Commission rejected the review petition by the order dated 7.1.2010 which merged with the main order dated 17.8.2009.

(3.) WITH this prolegomena the appellant categorised its appeal into three broad categories namely, (i) Failure to carry out truing up for FY 2007 -08 (ii) Infringement of the Statutory Regulations by the Regulatory Commission