POWER GRID CORPORATION OF INDIA LIMITED, GURGAON Vs. KARNATAKA POWER TRANSMISSION CORPORATION LTD., BANGALORE AND ORS.

JUDGEMENT

(1.) IN the instant petition the petitioner, Power Grid Corporation of India Limited (PGCIL) has sought approval for tariff in respect of 1 no. 400 kV 63 MVAR line reactor at Cochin (date of commercial operation: 1.6.2012) for the period from date of commercial operation to 31.3.2014 under Kudankulam ATS in Southern Region for tariff block 2009 -14 period, based on the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009, as amended from time to time (hereinafter referred to as "the 2009 regulations"). Further, the petitioner has requested to approve provisional tariff as per 2009 regulations. Regulation 5 of the 2009 regulations provides as under:

(2.) AS per Regulation 5 (4) of the 2009 regulations, the Commission may in its discretion grant provisional tariff if an application has been filed under Regulation 5 (1) and (2) of the 2009 regulations. Regulation 5 (1) of the 2009 regulations provides that the application for tariff should be made in accordance with the Central Electricity Regulatory Commission (Procedure for making of application for determination of tariff, publication of the application and other related matters) Regulations, 2004 (hereinafter referred to as "2004 regulations"). Regulation 5(2) of 2009 regulations provides that the application shall be made as per Appendix to the 2009 regulations.

(3.) ANNUAL transmission charges claimed: