COMPLIANCE WITH THE PROVISIONS OF CENTRAL ELECTRICITY REGULATORY COMMISSION (POWER MARKET) REGULATIONS, 2010 Vs. MANIKARAN POWER LTD., KOLKATA

JUDGEMENT

(1.) IN response to the public notice issued by the Commission under section 15(5) of the Electricity Act, 2003 (hereinafter "the Act") proposing to grant Category IV licence for inter -State trading in electricity to Manikaran Power Limited (MPL), objections were filed by Tata Power Trading Company Limited(TPTCL). Subsequently TPTCL in its affidavit dated 18.3.2011 filed in Petition No.135 of 2010 alleged that MPL as a professional member of Indian Energy Exchange had charged member service charges in excess of 0.75% of the transaction value as specified in Regulation 27 of the Central Electricity Regulatory Commission (Power Market) Regulations, 2010 (hereinafter "Power Market Regulations") in the transactions carried out from 5.9.2010 to 8.9.2010. It was further alleged that MPL was charging Rs. 16545/ as processing fee from the clients. In order to ascertain the veracity of the allegation, the Commission initiated the instant petition suo motu and had directed MPL in the order dated 5.5.2011 to submit the following information:

(2.) MPL filed its reply and the information called for vide its affidavit dated 16.5.2011 and Indian Energy Exchange filed its reply vide affidavit dated 13.5.2011. After examining the submissions of MPL and IEX, the Commission in its order dated 10.06.2011 had directed MPL to submit the following data: -

(3.) TATA Power Trading Company Limited (TPTCL) filed IA No.23 of 2011 under Regulation 111 read with Regulation 113 of the Central Electricity Regulatory Commission (Conduct of Business) Regulations, 1999 (hereinafter "Conduct of Business Regulations") and section 151 of the Civil Procedure Code, 1908 seeking impleadment as a party in the instant petition. While Regulation 111 and 113 of the Conduct of Business Regulations deal with the inherent powers of the Commission to issue such orders as may be necessary to meet ends of justice or prevent the abuse of the process of the Commission, section 151 of the Civil Procedure Code deals with the inherent powers of the courts. The hearing in the matter was held on 04.10.2011. After hearing the learned counsel for MPL and TPTCL, we rejected the plea of TPTCL for impleadment. Relevant portion of the Record of Proceedings of that date is extracted below: