HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED Vs. HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION

JUDGEMENT

(1.) THIS judgment shall dispose of CWP Nos. 7649, 8285, 8426, 8427, 8472, 8492, 8531 and 8532 of 2010 as common questions of law are involved in the petitions.

(2.) IN all petitions, Annexure P Himachal Pradesh Electricity Regulatory Commission (Power Procurement from Renewable Sources and Co-generation by Distribution Licensee) (First Amendment) Regulations, 2007 dated 12.11.2007 and Annexure P-13 order dated 29.10.2009 of respondent No.1 reviewing order dated 18.12.2007 have been assailed. Annexure P-14 passed by respondent No.1 on different dates in favour of respondent No.2 in each petition fixing enhanced tariff has also been assailed. In order to appreciate the controversy, it is necessary to give relevant facts of each petition.

(3.) IN State of Himachal Pradesh many projects were established for generation of electricity from renewable sources of energy before coming into force of the 2003 Act. There had been separate Power Purchase Agreements (PPAs) between the Independent Power Producer (IPP) and the then Himachal Pradesh State Electricity Board which are being honoured by the petitioner. An Implementation Agreement (IA) is entered between the State Government and the Independent Power Producer (IPP) before a project is established. Implementation Agreement contains broad terms and conditions for establishment of power project in the State. The respondent No.2, an Independent Power Producer, has also established a power project in the State of Himachal Pradesh from renewable sources of energy and has executed an Implementation Agreement with the State of Himachal Pradesh. Clause 13.3 of the Implementation Agreement of respondent No.2 provides that the Company shall ensure minimum flow of water immediately downstream of the weir/barrage/dam for downstream requirements as directed by the Government/State Pollution Control Board.