ACB INDIA LIMITED Vs. POWER GRID CORPORATION OF INDIA LIMITED, SPECTRUM COAL AND POWER LIMITED, MARUTI CLEAN COAL AND POWER LTD. AND GUJARAT URJA VIKAS NIGAM LTD.

JUDGEMENT

(1.) THE petitioner, ACB India Limited has filed present petition under Section 15 of the Electricity Act, 2003 (hereinafter to be referred to as 'the Act') read with clause (c) of Regulation 6 of the Central Electricity regulatory Commission (Terms and Conditions for Grant of Transmission Licence) Regulations, 2009 (hereinafter referred to as "Transmission Licence Regulations") for grant of transmission licence for the dedicated transmission line (ACBIL Chakabura to PGCIL, Bharari Bilaspur transmission line) comprises the following elements:

(2.) THE petitioner has submitted that the identified long term transmission customers of the project are (a) Spectrum Coal and Power Ltd. (SCPL) (b) Maruti Clean Coal and Power Ltd. (MCCPL) and (c) others. Spectrum Coal and Power Ltd. (SCPL) is a subsidiary of petitioner company and is independently establishing generating station of 100 MW at Korba. SCPL has been granted long -term open access for evacuation of power from its plant which is an embedded plant of the petitioner. The subject transmission line will primarily be used for evacuation of power generated by the petitioner from time to time. Maruti Clean Coal and Power Limited (MCCPL) is setting up power plant at Ratiza and dedicated transmission line of ACBIL can be used for evacuation of power of MCCPL up to inter -connection point of PGCIL at Bilaspur, wherever surplus capacity is available in the said dedicated transmission line after fully providing for the needs of ACBIL. The petitioner has submitted that MCCPL or any other unidentified project developer can be allowed open access through its transmission line using its spare capacity as and when available without affecting the transmission of power by ACBIL through its dedicated transmission line in any manner. For this purpose, the petitioner has entered into a PPA with Gujarat Urja Vikas Nigam Limited for selling 200 MW of power through case -1 competitive bidding for 25 years.

(3.) THE petitioner has made the following prayers: