DAMODAR VALLEY CORPORATION Vs. WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LTD. AND JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS petition has been filed by the petitioner, Damodar Valley Corporation (DVC) for determination of generation tariff in respect of Maithon Hydel Power Station, Units I to III (63.2 MW) (hereinafter called 'the generating station') for the period 1.4.2009 to 31.3.2014 based on the provisions of the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 ('the 2009 Tariff Regulations') and in compliance with the directions contained in the order of the Commission dated 23.6.2011 in Petition No. 240/2009. The petitioner is a statutory body established by the Central Government under the Damodar Valley Corporation Act, 1948 (hereinafter referred to as the 'DVC Act') for the development of the Damodar Valley, with three participating Governments, namely, the Central Government, the Government of West Bengal and the Government of Jharkhand.

(2.) THE generating station with an installed capacity of 63.2 MW comprises of 2 units of 20 MW each and one unit of 23.2 MW. The date of commercial operation (COD) of the different units of the generating station is as under:

(3.) AGAINST the Commission's order dated 3.10.2006, the petitioner filed Appeal No. 273/2006 before the Appellate Tribunal for Electricity (hereinafter referred to as "the Tribunal") on various issues. Similarly, appeals were also filed before the Tribunal by some of the objectors/consumers, namely, Maithon Alloys Ltd. and others (Appeal No. 271/2006), Bhaskhar Shrachi Alloys Ltd. and others (Appeal No. 272/2006), State of Jharkhand (Appeal No. 275/2006) and the West Bengal State Electricity Regulatory Commission (Appeal No. 8/2007) challenging the order of the Commission dated 3.10.2006 on various grounds. The Tribunal by its judgment dated 23.11.2007 disposed of the said appeals by remanding the matter to the Commission for de novo consideration of the tariff order dated October 3, 2006 in terms of the findings and observations made therein and according to the law.