IN RE: GRANT OF PROVISIONAL TARIFF FOR TEESTA-V HYDROELECTRIC PROJECT (510 MW) FOR THE PERIOD FROM 1.4.2009 TO 31.3.2014 : APPROVAL OF GENERATION TARIFF OF TEESTA-V HYDROELECTRIC PROJECT FOR THE PERIOD FROM 1.4.2009 TO 31.3.2014 Vs. STATE

JUDGEMENT

(1.) THE petitioner, NHPC Ltd, has filed this petition for determination of generation tariff of Teesta -V Hydroelectric Project ('the generating station') for the period 2009 -14 in terms of the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 (hereinafter referred to as "the 2009 Regulations").

(2.) THE Commission by its order dated 5.1.2010 in Petition No. 132/2009 had determined the tariff of the generating station for the period from 1.3.2008 to 31.3.2009 based on the approved capital cost of Rs. 248943.71 lakh, after excluding un -discharged liabilities. Subsequently, the petitioner filed Petition No. 216/2009 for revision of tariff of the generating station on account of additional capital expenditure incurred during 2008 -09 and the Commission by its order dated 8.6.2011 disposed of the said petition as under:

(3.) REGULATION 5 (4) of the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) (First Amendment) Regulations, 2011 provides as under: