SHAMANUR SUGARS LIMITED, BANGALORE Vs. KARNATAKA POWER TRANSMISSION CORPORATION LTD., BANGALORE AND KARNATAKA STATE LOAD DESPATCH CENTRE, BANGALORE

JUDGEMENT

(1.) THE Petitioner, Shamanur Sugars Limited has filed the present petition under clause (f) of sub -section (1) of Section 79 of the Electricity Act, 2003 (the Act) read with Regulation 26 of Central Electricity Regulatory Commission (Short Term Open Access in Inter -State Transmission) Regulations, 2008 seeking direction that clause (m) introduced as the additional condition in the Standing Clearance/No -Objection Certificate issued by the Respondent No. 2, State Load Despatch central (SLDC) Karnataka is contrary to the Central Electricity Regulatory Commission (Short Term Open Access in Inter -State Transmission) Regulations, 2008 (hereinafter called the Open Access Regulations) and Central Electricity Regulatory Commission (Unscheduled Interchange and related matters) Regulations, 2009 (hereinafter called the UI Regulations). The petitioner has made the following prayers:

(2.) THE petitioner has submitted that the PPA with Respondent No. 1 came to an end on 20.9.2009., and the petitioner was under no obligation to sell power to Respondent No. 1 or its successors. The petitioner after meeting its internal captive load is selling its surplus power on Short -term Open Access through bilateral sale or through Power Exchange to the consumers outside Karnataka. Accordingly, the petitioner has applied for Standing Clearance/No Objection Certificate (NOC) from Respondent No. 2, SLDC who has the statutory obligation to provide Standing Clearance/No Objection Certificate for short term open access in terms of the applicable regulations, and Standing Clearance/NOC was being granted by SLDC in terms of the "Open Access Regulations".

(3.) THE petitioner has submitted that accordingly, the initial Standing Clearance/NOC granted by the SLDC contained clause (m) in the Standing Clearance/NOC, which is as follows: