NHPC LTD. Vs. POWER DEVELOPMENT DEPARTMENT

JUDGEMENT

(1.) THIS petition has been filed by the petitioner, NHPC, for approval of generation tariff of Nimoo Bazgo Hydroelectric project, (3 x 15 MW) ('hereinafter the generating station') for the period from 1.4.2013 to 31.3.2014 based on the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 ('the 2009 Tariff Regulations') seeking relaxation of operational and/or technical norms of operation under Clause -4 of Part -7 (Misc.) of the Central Electricity Regulatory Commission (Indian Electricity Grid Code), 2010 (hereinafter referred to as 'the IEGC'). The generating station situated in the State of J & K has been designed as a purely run of the river scheme with diurnal pondage to provide peaking for 4 hours (except during winter season) and comprises of three units with a capacity of 15 MW each. The project has been sanctioned by the Government of India during August, 2006 at a cost of Rs. 611.01 crore, including IDC & FC of Rs. 7.34 crore at December, 2005 price level. The petitioner has entered into a Power Purchase Agreement (PPA) with the Government of J & K on 26.10.2005 for supply of entire power from the project. Subsequently, Ministry of Power, Govt. of India vide its letter dated 8.4.2011 had made the following allocations from this project to the State of J & K as under:

(2.) THE unallocated share of 15% power is also allocated to the State of J & K during winter season. The State Government of J & K will provide matching 1% power from its share of 12% free power, to the corpus of the Local Area Development Fund.

(3.) REPLY to the petition has not been filed by the respondent.