MAITHON POWER LTD. Vs. NORTH DELHI POWER LTD.

JUDGEMENT

(1.) PETITION No. 274/2010 has been filed by the petitioner, Maithon Power Ltd., for approval of capital cost and determination of generation tariff of Maithon Right Bank Thermal Power Plant (Units -I and II) (2 x 525 MW) (hereinafter referred to as "the generating station") for the period from the anticipated date of commercial operation of Unit -I i.e. 25.12.2010 and Unit -II (25.4.2011) till 31.3.2014, based on the provisions of the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 ('the 2009 Tariff Regulations'). The petitioner has entered into Power Purchase Agreement (PPA) with DVC on 28.9.2006 for sale of 300 MW of power on round the clock basis for a period of 30 years. The petitioner also entered into PPA with NDPL on 28.3.2008 for sale of 300 MW power from the project. Subsequently, based on the PPA dated 23.4.2008 between MPL and TPTCL for sale of 750 MW power from the project, Power Supply Agreements (PSA) were entered into by TPTCL for sale of power to the following distribution licensees as detailed under:

(2.) THE Commission by its order dated 15.5.2012 allowed provisional tariff for Unit -I of the generating station by order dated 11.11.2011 in respect of 150 MW supply of power to the respondent No. 2 DVC from 1.4.2012 to 31.3.2014 or till the final disposal of the petition whichever was earlier.

(3.) THEREAFTER , the tariff petition was listed for hearing on 9.7.2013 and the Commission after directing the petitioner to make certain clarifications/additional submissions, reserved its order in the petition.