BSES RAJDHANI POWER LIMITED Vs. DELHI ELECTRICITY REGULATORY

JUDGEMENT

(1.) THE Review Petitioners/Appellants are seeking a review of the findings of this Tribunal on the issue relating to impact of increase in CPI/WPI on Operation and Maintenance expenses in true -up in its judgment dated 12.7.2011 passed in Appeal nos. 142 and 147 of 2009.

(2.) IN the above Appeals, the Review Petitioners/Appellants had challenged the order dated 28.05.2009 passed by the Delhi Electricity Regulatory Commission ("State Commission") in the matter of true -up for the FY 2007 -08 and determination of ARR and tariff for the FY 2009 -10. One of the issues agitated by the Review Petitioners/Appellants was regarding the failure of the State Commission in truing up the impact of increase in CPI/WPI on O&M expenses. The Tribunal decided this issue on the basis of its earlier judgment dated 31.5.2011 in Appeal No. 52 of 2008 in the matter of North Delhi Power Limited vs. Delhi Electricity Regulatory Commission. Although the Tribunal agreed with the contention of the Review Petitioners/Appellants that for determining the O&M expenses for the FY 2007 -08, the indexation factor should be based on CPI and WPI figures for the period 2002 -03 to 2006 -07, it rejected their contention that the State Commission should have determined the inflation factor for each year of the control period on rolling basis.

(3.) THE Review Petitioners/Appellants have urged in these Review Petitions that there was an error apparent on the face of the findings as the Tribunal had not considered the following: