DPSC LIMITED, KOLKATA Vs. POWER GRID CORPORATION OF INDIA LIMITED, NEW DELHI AND WEST BENGAL STATE ELECTRICITY TRANSMISSION COMPANY LIMITED, KOLKATA

JUDGEMENT

(1.) THE petitioner, DPSC Limited (DPSCL) has filed the present petition under the Regulation 32 of the Central Electricity Regulatory Commission (Grant of Connectivity, Long Term Access and Medium -Term Open Access in Inter -State Transmission and Related Matters), Regulations 2009 (the Connectivity Regulations) seeking directions to Power grid Corporation of India Limited to grant connectivity to the petitioner in terms of its application dated 10.5.2011 in a time bound manner. The Petitioner is a company engaged in distribution of electricity over an area of approximately 618 kms in Asansol -Raniganj belt of West Bengal. The Petitioner has submitted that its current distribution network is an isolated grid in a radial mode which is neither connected to the Central Transmission Utility nor to the State Transmission Utility. The Petitioner draws power through two 33/11 kV sub -stations from Damodar Valley Corporation and three 33/11 kV sub -stations from West Bengal State Electricity Distribution Company Limited.

(2.) THE petitioner has submitted that with a view to address the increasing demand of electricity in its licensed area and to meet its obligation under Sections 42 and 43 of the Electricity Act, 2003, the Petitioner is required to arrange for procurement of power from various sources. In this context, it has become imperative that the Petitioner is connected with the grid. The Petitioner applied on 10.5.2011 to PGCIL for connectivity to the inter -State transmission system. The Petitioner has submitted that it has sought connectivity for 1000 MW from PGCIL with the expected date of connectivity as July 2014. In the meeting between PGCIL and Phase 2 applicants for connectivity and long term access of Jharkhand, Bihar and West Bengal held on 29.7.2011, the petitioner requested for modification of connectivity requirement from 1000 MW to 500 MW. It was decided in the said meeting that since the responsibility for planning of power supply to DPSCL is within the purview WBSETCL, the matter needs to be addressed out on the advice of WBSETCL. Pursuant to the above decision, PGCIL issued a communication to WBSETCL requesting for its views and observations with regard to the Petitioner's application for grant of connectivity. The Petitioner communicated to WBSETCL requesting it to convey its comment with regard to the petitioner's application for connectivity. However, WBSETCL conveyed that it was not in a position to give its views in the absence of any proposed connection arrangement from CTU. The Petitioner in its letter dated 23.9.2011 submitted the following proposal to CTU with a request to elicit the views of WBSETCL thereon:

(3.) THE petitioner has submitted that the PGCIL by insisting on the petitioner to get approval from the STU has: