GRANT OF TRANSMISSION LICENSE TO PURULIA & KHARAGPUR TRANSMISSION COMPANY LIMITED Vs. BIHAR STATE ELECTRICITY BOARD AND ORS.

JUDGEMENT

(1.) THE petitioner, Purulia & Kharagpur Transmission Company Limited has filed this petition under Section 14 read with Section 15(1) of the Electricity Act, 2003 (the Act) to undertake the business of establishing, commissioning, operation and maintenance of the transmission system for "Eastern Region System Strengthening Scheme -VII" (hereinafter referred to as "Transmission system") on 'Build, Own, Operate and Maintain' (BOOM) basis, comprising the following elements:

(2.) THE petitioner has submitted that Ministry of Power, Government of India initiated a scheme for development of Independent Transmission Projects through private sector participation for evacuation of power from the generating station and transmission of power from pooling station to other grid stations up to load centers and system strengthening in India. The said projects were to be awarded to developers selected on the basis of tariff based competitive bidding process. The petitioner has submitted that Government of India, Ministry of Power, vide its Resolution No. 11/5/2005 -PG(i) dated 17.4.2006 notified the 'Guidelines for encouraging competition in development of Transmission Projects and competitive bidding for Transmission Service' and 'Tariff based competitive bidding guidelines for Transmission Service' (hereinafter referred to as "the Guidelines") under Section 63 of the Act. In accordance with the Guidelines, the PFC Consulting Limited (PFCCL) was notified by Government of India, Ministry of Power vide Notification No. 15/1/2011 -Trans, dated 16.10.2012 as the Bid Process Coordinator (BPC) for the purpose of selection of bidder as Transmission Service Provider (TSP) to establish the transmission system for "Eastern Region System Strengthening Scheme -VII (hereinafter referred to as Project)" through tariff based competitive bidding process. The petitioner was incorporated on 15.12.2012 by PFCCL as its wholly owned subsidiary to initiate work on the project to build, own, operate and maintain the transmission system for Eastern Region System Strengthening Scheme -VII and to act as the Transmission Service Provider (TSP) after being acquired by the successful bidder.

(3.) THE petitioner has submitted that two bidders submitted their bids at RfP stage. Bid Evaluation Committee carried out the responsiveness check of the non -financial bids in accordance with conditions of RfP and recommended both bids as responsive for opening the financial bids. The financial bids were opened on 16.9.2013. As per the Bid Evaluation Report dated 16.9.2013, M/s. Sterlite Grid Limited (SGL) emerged as the successful bidder with the lowest levelized transmission charges of Rs. 589.00 million/annum.