CENTRAL POWER DISTRIBUTION COMPANY OF APL LIMITED (APCPDCL), Vs. POWER GRID CORPORATION OF INDIA LIMITED, GURGAON,

JUDGEMENT

(1.) THE petitioners in Petition No. 93/MP/2013 are the Distribution Companies of Andhra Pradesh, namely Central Power Distribution Company of APL Ltd., Eastern Power Distribution Company of APL Limited, Southern Power Distribution Company of APL Limited, Northern Power Distribution Company of APL Limited (hereinafter referred to as "AP Discoms"). The petitioner in Petition No. 96/MP/2012 is Corporate Power Limited (hereinafter referred to as "CPL") which is a generating company engaged in developing 2x270 MW coal based power plant in the State of Jharkhand. AP Discoms through their lead procurer, Central Power Distribution Company of Andhra Pradesh Limited (APCPDCL) invited bids under Case 1 bidding route for procurement of an aggregate quantum of 2000 MW +/ -20% for a period of three years. CPL participated in the bidding and was selected as successful bidder for supply of 480 MW power from its under construction power plant and was issued Letter of Intent on 31.7.2012. Subsequently, AP Discoms entered into a PPA dated 31.7.2012 for supply of power for a period of three years starting from 16.6.2013 to 15.6.2016 at a levelized tariff of Rs. 4.3197/kWh. In accordance with Article 3.1.1 of the PPA, CPL has the responsibility to obtain the permission for medium term open access from the transmission system from the injection point upto the delivery point and executed Transmission Service Agreement with the transmission licensee for that purpose. CPL applied for medium term open access (MTOA) to Central Transmission Utility for evacuation of 480 MW for a period of three years under Central Electricity Regulatory Commission (Grant of Connectivity, Long Term Access and Medium Term Open Access in inter -State Transmission and related matters) Regulations, 2009 (hereinafter "Connectivity Regulations"). CTU in its intimation dated 5.10.2012 granted MTOA for 150 MW from 16.6.213 till 15.6.2016. CPL entered into a Transmission Service Agreement dated 30.10.2012. Consequently, CPL and the AP Discoms executed an amendment dated 15.2.2013 to the original PPA, where under the quantum of supply of 480 MW was reduced to 150 MW. CPL envisaged a problem with regard to the ability of its power plant to generate and supply power from the date of commencement of supply in terms of the PPA. CPL in its letter dated 13.4.2013 addressed to CMD, AP Transco, intimated that even though the major milestones for commissioning of the power plant has been achieved, the actual commissioning of the plant is getting delayed by 6 to 8 months on account of the delay in two cross country projects, namely construction of the 112 km., 400 kV transmission line from Namkum -Ranchi to the power plant at Chandwa and 25 km. pipeline from Damodar river to the main reservoir and in -plant reservoir of the power plant, on account of naxal attack and RoW problem. The projects are expected to be completed by October 2013. In the said letter, CPL indicated that in terms of Article 4.8.1 of the PPA, it had arranged to supply 150 MW of power to AP Discoms from alternate sources. CPL had requested AP Transco in their letter for issue of revised No Objection Certificate for supply of power from alternate sources to enable it to make application to PGCIL for grant of corridor.

(2.) CPL tied up with M/s. KSK Mahanadi Power Company Ltd. situated in W3 area in the Western Region for supply of 150 MW to AP DISCOMS from 16.6.2013 to 15.6.2014. AP SLDC and AP Discoms conveyed their acceptance/no objection for the proposed arrangement for supply of power from alternative sources. CPL took up the matter with CTU in its letter dated 27.4.2013 with the request for transfer of MTOA corridor granted to CPL in favour of KSK Mahanadi Limited.

(3.) CPL approached certain generating stations in the Eastern Region for supply of power to AP Discoms and issued LOI to Sterlite Energy Limited on 14.5.2013 located in the State of Odisha. CPL in its letter dated 14.5.2013 approached the CTU for transfer of MTOA corridor in favour of Sterlite Energy Limited for the period 16.6.2013 to 15.6.2014.