NTPC LTD. Vs. TATA POWER DELHI DISTRIBUTION LTD.

JUDGEMENT

(1.) THIS petition has been filed by the petitioner, NTPC, for revision of tariff of Badarpur Thermal Power Station (705 MW) (hereinafter referred to as "the generating station") for the period from 1.4.2009 to 31.3.2014, in terms of the proviso to Regulation 6(1) of the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 (hereinafter referred to as "the 2009 Tariff Regulations"). Petition No. 332/2009 was filed by the petitioner for determination of tariff of the generating station for the period 2009 -14 and the Commission by its order dated 23.5.2012 determined the annual fixed charges for the generating station. Subsequently, the Commission by its order dated 10.12.2012 in Review Petition No. 3/2011 (in Petition No. 194/2009) had revised the tariff of the generating station for the period 2004 -09 considering the capital cost of Rs. 45228.61 lakh as on 31.3.2009. Thereafter, the petitioner filed Review Petition No. 18/2012 against the order dated 23.5.2012 and the Commission by its order dated 8.2.2013 revised the tariff of the generating station. The revised capital cost considered for the purpose of tariff for the period 2009 -14 in the said order is as under:

(2.) ACCORDINGLY , the annual fixed charges for the generating station for 2009 -14 approved by order dated 23.5.2012 (in Petition No. 332/2009) was revised by order dated 8.2.2013 as under:

(3.) REPLY to the petition has been filed by the respondent No. 1, TPDDL and the respondent Nos. 2 and 3 namely, BRPL and BYPL respectively. The petitioner has filed its rejoinder to the said replies of the respondents.