DAMODAR VALLEY CORPORATION, KOLKATA 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 tariff for composite Transmission and Distribution (T&D) activities of DVC network for the period from 1.4.2009 to 31.3.2014 in compliance with the directions contained in the order of the Commission dated 23.6.2011 in Petition No. 240/2009 and based on the provisions of the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 ('the 2009 Tariff Regulations'). 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.) PETITION No. 66/2005 was filed by the petitioner for approval of the revenue requirements and for determining the tariff for electricity related activities, that is, the generation, transmission and distribution of electricity, undertaken by it for the period from 1.4.2004 to 31.3.2009. The Commission by its order dated 3.10.2006 determined tariff in respect of the generating stations and inter -state transmission systems of the petitioner, after allowing a special dispensation to the petitioner to continue with the prevailing tariff till 31.3.2006.

(3.) AGAINST the judgment dated 23.11.2007, some of the parties namely, the Central Commission (Civil Appeal No. 4289/2008), West Bengal State Electricity Regulatory Commission (Civil Appeal No. 804/2008), M/s. Bhaskhar Shrachi Alloys Ltd. & ors. (Civil Appeal No. 971 -973/2008), State of Jharkhand (Civil Appeal No. 4504 -4508/2008) and the State of West Bengal (Civil Appeal No. 1914/2008) filed Civil Appeals before the Hon'ble Supreme Court, and the same are pending for consideration of the Court. Thereafter, in terms of the directions contained in the judgment of the Tribunal dated 23.11.2007 in Appeal No. 273/2006 and other connected appeals, Petition No. 66/2005 (with I.A. Nos. 19/2009 and 23/2009) was heard and tariff for the generating stations and inter -state transmission systems of the petitioner for the period 2006 -09 were re -determined by Commission's order dated 6.8.2009, subject to the final outcome of the said Civil Appeals pending before the Hon'ble Supreme Court. Against the Commission's order dated 6.8.2009, the petitioner filed Appeal No. 146/2009 before the Tribunal on various issues, including the question of non -consideration of the different elements for tariff.