JINDAL POWER LIMITED Vs. SOUTHERN REGIONAL LOAD DESPATCH CENTRE AND POWER GRID CORPORATION OF INDIA LTD.

JUDGEMENT

(1.) THE petitioner in the present petition filed under sub -section (5) of Section 29 of the Electricity Act read with 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 (for short, the Open Access Regulations 2009) against the letter/order dated 7.1.2012 (for short, the impugned order) whereby the first respondent curtailed the Medium -term Open Access granted to the petitioner and has made the following prayers, namely:

(2.) ON or about 29.8.2011, the petitioner applied for medium -term open access for supply of 300 MW of power on RTC basis for the period 1.2.2012 to 31.5.2012 for sale to the distribution companies in Andhra Pradesh under the Open Access Regulations 2009 to the second respondent as nodal agency in accordance with the agreement dated 18.8.2011 ibid. On 24.11.2011 the second respondent conveyed to the petitioner its approval for grant of medium -term open access for 121.9 MW of power. Pursuant thereto, the petitioner executed agreement dated 30.11.2011 with the second respondent.

(3.) A Writ Petition, being No. 1572 of 2012, titled Central Power Distribution Company of Andhra Pradesh Limited and others Vs. Power Grid Corporation of India Limited and another was filed before Andhra Pradesh High Court challenging the impugned order. The Andhra Pradesh High Court (for short "High Court") by its interim order dated 1.2.2012 suspended operation of the impugned order dated 7.1.2012 issued by the first respondent. The operative part of the High Court's order is extracted below: