UNCHAHAR TRANSMISSION LIMITED Vs. CHAIRMAN

JUDGEMENT

(1.) THE petitioner, Unchahar Transmission Limited has filed this application under Section 14 read with Section 15(1) of the Electricity Act, 2003 (the Act) for grant of licence to establish transmission system for "ATS of Unchahar TPS" (hereinafter referred to as "Transmission system") on 'Build, Own, Operate and Maintain (BOOM) basis comprising the following elements:

(2.) 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 Guidelines, REC Transmission Projects Company Limited (hereinafter referred to as RECTPCL) was notified by Government of India, Ministry of Power vide Notification No. 15/1/2011 -Trans dated 8.10.2012 as the Bid Process Coordinator (hereinafter referred to as "BPC") for the purpose of selection of bidder as Transmission Service Provider (TSP) to establish the transmission system for 'ATS of Unchahar TPS' (Project) through tariff based competitive bidding. The petitioner was incorporated on 17.12.2012 by RECTPCL as its wholly owned subsidiary to initiate work on the project to build, own, operate and maintain the transmission system for 'ATS of Unchahar TPS' and to act as the Transmission Service Provider (TSP) after being acquired by the successful bidder.

(3.) THE petitioner has submitted that six bidders submitted their bids at Request for Proposal (RfP) stage. Bid Evaluation Committee carried out the responsiveness check of the non -financial bids in accordance with conditions of RfP and recommended all six bidders as responsive for opening the financial bids. After opening the financial bids, the Bid Evaluation Committee assessed the bids and submitted the Bid Evaluation Report dated 11.2.2014. As per the Bid Evaluation Report, M/s. Power Grid Corporation of India Ltd. (PGCIL) emerged as the successful bidder with the lowest levelized transmission charges of Rs.167.7071 million.