NEYVELI LIGNITE CORPORATION LIMITED Vs. TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD. AND ORS.

JUDGEMENT

(1.) IN the present petition, the petitioner has sought revision of the lignite transfer price and has made the following specific prayers, namely -

(2.) MINISTRY of Coal, Govt. of India had issued guidelines for preparation of Mine Closure Plan vide letter dated 27.8.2009 and specified the Mines Closure Cost at Rs. 6 lakh/Hectare. The petitioner has stated that Ministry of Coal vide letter dated 31.3.2011 has approved the Mine Closure Plan incorporating the annual Mine Closure Cost. The petitioner has further stated that based on approval by Ministry of Coal it has worked out the lignite transfer price, exclusive of Clean Cess Energy w.e.f. 1.7.2010 at the rate of Rs. 50 per tonne and Excise Duty on lignite and other taxes and duties, as tabulated below:

(3.) TANGEDCO , the successor -in -interest of Tamil Nadu Electricity Board, the Respondent No. 1, has filed its reply vide affidavit dated 21.9.2011. TANGEDCO has called for certain information such as the extent of mine area, area already closed and the remaining area to be closed. The petitioner has placed on record the information relating to the area proposed to be closed. TANGEDCO has sought a direction to the petitioner for deletion of the unwritten off amount of Deferred Revenue Expenditure from the capital cost of Mine -I for the periods 2002 -04 and 2004 -09. The petitioner in its rejoinder has confirmed that there was no Deferred Revenue Expenditure. TANGEDCO has sought confirmation from the petitioner that it has opened the Escrow Account in accordance with the guidelines of Ministry of Coal. This confirmation too has been given by the petitioner in its rejoinder. TANGEDCO has further sought a direction to the petitioner to furnish the details of FERV for KFW loan from the year 2004 -05 onwards. The petitioner in the rejoinder has stated that these details have already been furnished to Tamil Nadu Electricity Board in the earlier proceedings before the Commission in Petition Nos. 118/2007 and 125/2007 filed before this Commission for approval of tariff. Therefore, the requirement of TANGEDCO has been met. TANGEDCO has not raised any further dispute in regard to any of these issues and as such they are deemed to have been settled.