DPSC LIMITED Vs. WEST BENGAL ELECTRICITY

JUDGEMENT

(1.) DPSC Limited is the Appellant herein. West Bengal Electricity Regulatory Commission is the Respondent.

(2.) AGGRIEVED by the order dated 9.6.2010, passed by the West Bengal Electricity Regulatory Commission (State Commission) disallowing the additional cost incurred by the Appellant for Fuel and Power Purchase cost adjustment to the tune of Rs.52.42 lakh, the Appellant has filed this Appeal. The short facts are as follows: (i) The Appellant is the power generation and Distribution Company, being the deemed distribution licensee under 1st proviso to Section 14 of the Electricity Act 2003. (ii) The Appellant filed tariff Petition for the year 2007 -08. (iii) While determining the tariff by the tariff order dated 26.7.2007, the State Commission directed the Appellant to submit Fuel and Power Purchase Cost Adjustment Petition for the year 2007 -08. Accordingly, on 22.9.2008, the Appellant filed the said Petition to approve the Fuel and Purchase Cost Adjustment charges to the tune of Rs.7,05,29,590/ - against the energy sold during the period between April, 2007 and March, 2008. (iv) The State Commission after considering the materials available on record by the order dated 27.5.2009 determined the amount of Fuel and Power Purchase Cost Adjustment for the Appellant for the year 2007 -08. However, the State Commission disallowed the additional cost incurred by the Appellant for purchasing the electricity from the DVC and the State Electricity Distribution Company Limited on the ground that the Appellant generated lesser amount of power with the available quantity coal than it ought to have generated and lesser generation had caused more import from other sources causing more expenditure. Thus the amount of cost which was disallowed comes to Rs.261.68 lakhs. (v) Being aggrieved by the aforesaid disallowance by the State Commission, the Appellant earlier had filed an Appeal in Appeal No.138 of 2009 before this Tribunal. After hearing the parties, this Tribunal allowed the Appeal by the judgment dated 4.5.2010 and set aside the order dated 27.5.2009 passed by the State Commission and remanded the matter to the State Commission for de -novo determination of the cost to be disallowed if any within a period of 06 weeks. (vi) In terms of the said judgment dated 4.5.2010 by this Tribunal, the State Commission, after hearing the Appellant and on getting further information, re -determined the amount disallowable only to the tune of Rs.50.42 lakhs by modifying the earlier order disallowing the amount of Rs.261.68 lakhs considered in the earlier impugned order. Being not satisfied with the disallowance of the amount of Rs.50.42 lakhs, the Appellant has filed this present Appeal.

(3.) ACCORDING to the Appellant, the State Commission on remand has not taken into consideration the audited figures/actual ex -bus generation of 201793 MU in determining the amount of allowable fuel and power purchase cost as directed in the remand order dated 4.5.2010 passed by this Tribunal on the basis of the admission of the Learned Counsel for the State Commission regarding the mistake committed by the State Commission by not adopting audited figures. In short, it is the case of the Appellant that the State Commission has acted wrongly in taking into account total ex -bus generation of 217.607 MU as feasible without taking into account the audited/actual bus generation of electricity in utter defiance of the directions given by this Tribunal in the order dated 4.5.2010.