LANCO BUDHIL HYDRO POWER PVT. LIMITED Vs. NORTHERN REGIONAL POWER COMMITTEE (NRPC) AND NORTHERN REGIONAL LOAD DISPATCH CENTRE (NRLDC)

JUDGEMENT

(1.) THE petitioner, Lanco Budhil Hydro Power Private Ltd., has filed present petition under Section 79 of the Electricity Act, 2003 (hereinafter "2003 Act") with the following prayers, namely:

(2.) THE petitioner enquired from NRLDC the reasons for capping the rate at Rs. 1.55/kWh as well as for revising the accounts. In response, no reply was received from the NRLDC. The petitioner has submitted that it is a generating company within the meaning of Regulation 2 (2) of the Connectivity Regulations read with Section 2 (30) of the Electricity Act, 2003. Once Connectivity Regulations are applicable to the petitioner's generating station, the petitioner becomes entitled to payment of UI charges for the infirm power injected into the grid by it before the date of commercial operation, in terms of Regulation 8 (7) of the Connectivity Regulations which provides that the infirm power injected in to the grid by a generator is treated as Unscheduled Interchange of the units of the generating station and the generator is to be paid for such injection of infirm power in accordance with the provisions of the Central Electricity Regulatory Commission (Unscheduled Interchange Charges and related matters) Regulations, 2009. The petitioner has been granted connectivity pursuant to the connection agreement dated 13.4.2012 and has injected infirm power into the grid before its date of commercial operation for a period not exceeding six months from the date of first synchronization after obtaining prior permission of the concerned Regional Load Despatch Centre. Accordingly, the petitioner is entitled for payment of infirm power injected into the grid for the period from 25.5.2012 to 29.8.2012 in accordance with UI Regulations.

(3.) THE petitioner in its rejoinder dated 9.7.2013 has submitted as under: