GRIDCO LTD. Vs. NTPC LTD. AND ORS.

JUDGEMENT

(1.) THE petitioner has made this application under Regulation 24 of the Central Electricity Regulatory Commission (Conduct of Business) Regulations, 1999 read with clause (a) of sub -section (1) of Section 79 of the Electricity Act, 2003 (hereinafter referred to as '2003 Act") and the provisions of Chapter 3 of the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) regulations, 2009 (hereafter "2009 Tariff Regulations") with the following prayers, namely:

(2.) THIS Commission has notified the 2009 Tariff Regulations, applicable for the period 1.4.2009 to 31.3.2014, in exercise of powers under Section 61 of the 2003 Act. Regulation 21 of the 2009 Tariff Regulations provides for the methodology for computation of capacity charge and energy charge. The provisions of Regulation 21, so far as they are relevant for the issues raised in the petition are extracted hereunder:

(3.) THE petitioner in para 11 of the petition has further submitted that NTPC is maintaining common coal stock for Talcher STPS Stage -I and Stage II which is not justified as the beneficiaries of the two stages are different. The petitioner has further submitted that coal linkage from domestic coal mines for Talcher Stage -I and Talcher Stage -II is 95% and 80% respectively. According to the petitioner, maintaining the common coal stock by the respondents at Talcher STPS and using the same for either of the two stages especially when the beneficiaries in the two stages are different, amounts to cross subsidization of the energy charge among the beneficiaries of Stage -I and Stage -II, which is affecting the beneficiaries of the Eastern Region.