LAWS(APTE)-2014-1-29

UTTAR PRADESH POWER CORPORATION LIMITED Vs. CHAIRMAN CUM MANAGING DIRECTOR, UTTAR PRADESH POWER CORPORATION LIMITED

Decided On January 28, 2014
UTTAR PRADESH POWER CORPORATION LIMITED Appellant
V/S
Chairman Cum Managing Director, Uttar Pradesh Power Corporation Limited Respondents

JUDGEMENT

(1.) AS per Regulation 10 of the Central Electricity Regulatory Commission (Unscheduled Interchange charges and related matters) Regulations, 2009 as amended from time to time (hereinafter referred to as 'the UI Regulations) payment of UI charges which enjoys highest priority shall be made within 10 days of the issue of the UI statement by the Regional Power Committee and for delay beyond 12 days, the defaulting entity shall be liable to pay interest 0.04% per day. From the report submitted by Northern Regional Load Despatch Centre (NRLDC) on payment status of UI charges in the NR UI pool account as on 8.8.2013, it was noticed that an amount of Rs. 2201.56 crore was outstanding against the Uttar Pradesh Power Corporation Limited (UPPCL) on account of UI drawal. After excluding the amount of Rs. 371.24 crore which was covered under the interim direction of the Hon'ble High Court of Allahabad, an amount of Rs. 1944.56 crore including surcharge of Rs. 114.24 crore was outstanding against UPPCL as on 8.8.2013.

(2.) THE Commission in its order dated 9.9.2013 directed UPPCL as under:

(3.) AS regards the letter of credit, UPPCL has submitted that since UPPCL is not withdrawing power from the grid during last six months and its UI charges are in the negative, there should not be any need of opening of letter of credit for UI charges. UPPCL has further submitted that it would comply with the requirement of opening of letter of credit if so directed by the Commission.