NORTH EASTERN ELECTRIC POWER CORPORATION LTD. Vs. ASSAM POWER DISTRIBUTION COMPANY LTD. AND TRIPURA STATE ELECTRICITY CORPORATION LTD.

JUDGEMENT

(1.) THE petitioner, North Eastern Electric Power Corporation Ltd (NEEPCO), has filed this application praying for the following reliefs:

(2.) IT has further submitted that North Eastern Regional Power Committee (NERPC) makes a specific indication of the monthly Percentage Open Cycle Operation (POCM) of AGBPP in the monthly Regional Energy Accounts (REAs) issued by it for the purpose of billing. The petitioner has also submitted that in terms of the provisions of the Regulation 26(ii) A (e) of the 2009 Tariff Regulations and on the basis of POCM indicated in the REAs issued by NERPC, the petitioner has raised energy bill for Rs. 992.11 lakh on respondent No. 1 and Rs. 118.14 lakh on respondent No. 2 for Open Cycle mode of Operation for the period from 1.4.2009 to 31.3.2012 and has been raising current monthly energy bills on the said respondents for Open Cycle mode of Operation of AGBPP since April, 2012.

(3.) THE petitioner has submitted that in the above mentioned circumstances, the Gas Turbines are operated in order to utilise the available generating capacity since keeping the same idle, as suggested by the respondent No. 1 would amount to under utilisation of available capacity and resources in violation of national and public interest. It has further submitted that it will not be justified on the part of the respondents to demand open cycle power at combined cycle tariff as this would deny the petitioner the opportunity to recover the cost of fuel. The petitioner has contended that to specifically cater to such situations, where one or more STG is not available, the Commission has stipulated the Gross Station Heat Rate for open cycle operation of the plant under Regulation 26(ii) A (e) of the 2009 Tariff Regulations and the percentage open cycle operation is also certified by NERPC in the REAs issued by it. Consequent upon the refusal of the respondents to pay the energy charges on account of open cycle operation of AGBPP to the petitioner, the present petition has been filed with the prayers as mentioned in para 1 above.