AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Judges
Smart Summary

Structured Summary of the Opinion

Factual and Procedural Background

The Central Electricity Regulatory Commission (Sharing of Inter-State Transmission Charges and Losses) Regulations, 2010 ("Sharing Regulations") came into effect from 1.7.2011. Under these regulations, the National Load Dispatch Centre (referred to as the Implementing Agency) is entrusted with the responsibility of computing transmission charges and losses for each financial year and, pursuant to Regulation 17, must provide specified information resulting from those computations.

By letter No. POSOCO/Trans. Pricing/CERC dated 1.1.2015, the Implementing Agency submitted data and calculations in compliance with Regulation 17. The submissions included approved basic network and load flow data, yearly transmission charge (YTC) details for ISTS licensees, PoC (Point of Connection) rate and loss computation details, assumptions used, the schedule of charges payable by each Distribution/Designated/Distribution-Interface Constituent (DIC) for the fourth quarter of 2014–15 (January to March 2015), and a list of certified non-ISTS assets considered for sharing.

The Commission examined the submitted data and calculations, found them to be prepared in accordance with the Sharing Regulations, and proceeded to approve the PoC slab rates and PoC loss slabs for the fourth quarter of 2014–15. The order also contains transitional directives concerning short-term open access (STOA) applications received before or on/after 5.1.2015 and directives to the Implementing Agency regarding dissemination of the order and publication of supporting details.

Legal Issues Presented

  1. Whether the Implementing Agency's computations (basic network data, load flow studies, yearly transmission charges, PoC rate and loss calculations and assumptions) comply with the Sharing Regulations and amendments thereto.
  2. Whether the Commission should approve the PoC slab rates (for Long Term Access, Medium Term Open Access and Short Term Open Access) and the PoC loss slabs computed by the Implementing Agency for the fourth quarter of 2014–15 (1.1.2015–31.3.2015).
  3. Whether and how transitional arrangements should apply to short-term open access applications received before 5.1.2015 and on/after 5.1.2015.
  4. Whether the Implementing Agency should be directed to publish zonal PoC rates, zonal transmission losses and underlying network information in accordance with Regulation 17(3) of the Sharing Regulations.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Commission's analysis proceeded in a sequence aligned with the requirements of the Sharing Regulations and the Implementing Agency's submission timeline:

  1. Identification of regulatory context: The Commission noted that Regulation 17 of the Sharing Regulations requires the Implementing Agency to provide results and supporting information following computation of transmission charges and losses.
  2. Examination of submissions: The Commission examined the Implementing Agency's letter dated 1.1.2015 and the materials it enclosed, specifically:
    • Basic network and load flow data approved by the Validation Committee;
    • Yearly Transmission Charge (YTC) details of ISTS licensees;
    • PoC rates and loss percentage computation details;
    • Assumptions used for computation; and
    • Schedule of charges payable by each DIC for January–March 2015 and list of certified non-ISTS assets considered for sharing.
  3. Compliance check: The Commission states it examined the load flow studies, YTC, PoC calculations (for injection and withdrawal zones), calculations of PoC losses (average losses and final percentages applicable to generation and demand zones) and concluded that "the calculations submitted by the Implementing Agency have been done as per Sharing Regulations and amendments thereof."
  4. Reference to prior approval: The Commission recorded that by its order dated 26.12.2014 it had already approved the slabs of PoC rates for the National grid and the slabs for transmission losses. The Implementing Agency had assigned computed PoC rates and transmission losses for each zone to the approved slabs; the Commission reviewed these assignments and found them in order.
  5. Specific approvals: Based on the foregoing examination and conformity with the regulations, the Commission approved:
    • the applicable PoC slab rates for Long Term Access and Medium Term Open Access in Rs./MW/Month;
    • the rates for Short Term Open Access in paisa per unit for generation (injection) and demand (withdrawal) zones as listed in Annexure—I to the order;
    • the PoC loss percentage slabs for each generation and demand zone as listed in Annexure—II (with application of average slabs for each region based on last week's actual Regional Losses).
  6. Exercise of regulatory power and directions: Invoking Regulation 17(2), the Commission approved the Basic Network, Load Flow, assumptions, the final PoC rates and transmission losses, their placement into slabs and the schedule of charges payable by each DIC for Q4 2014–15 (1.1.2015 to 31.3.2015) as submitted. Pursuant to Regulation 17(3), the Commission directed the Implementing Agency to publish zonal PoC rates, zonal transmission losses and associated details including underlying network information and base load flows used to enable transparent understanding of the calculations.
  7. Transitional and implementation directions: To ensure a smooth transition to the new rates for short-term transactions:
    • For bilateral and collective scheduling applications received before 5.1.2015, STOA charges are payable at rates applicable for Oct–Dec 2014 (Q3 2014–15).
    • For applications received on or after 5.1.2015, STOA charges are payable as per the Q4 2014–15 period (1.1.2015 to 31.3.2015).
    • The application of the new PoC loss slabs for Q4 was directed to be applicable from 5.1.2015, consistent with weekly loss application procedures.
  8. Administrative directions: The Implementing Agency was directed to endorse a copy of the order to all DICs and concerned agencies and, together with the Central Transmission Utility, to widely publicize the order through their websites.

Holding and Implications

Holding: APPROVED — The Commission approved the Implementing Agency's submissions under Regulation 17, specifically the basic network and load flow data, the assumptions used, the computed final PoC rates and the computed transmission losses and their allocation into slabs, and the schedule of charges payable by each DIC for the fourth quarter of 2014–15 (1.1.2015 to 31.3.2015). The Commission also approved the PoC slab rates and PoC loss slabs as set out in Annexure—I and Annexure—II respectively.

Immediate consequences for the parties and implementation:

  • DICs and other entities must pay transmission charges and losses according to the approved schedule for Q4 2014–15 as recorded in the Annexures.
  • Short-term open access applicants are subject to transitional charging rules: applications before 5.1.2015 pay Q3 rates; those on/after 5.1.2015 pay the Q4 rates; PoC loss slab application for Q4 is effective from 5.1.2015.
  • The Implementing Agency must publish zonal PoC rates, zonal transmission losses and underlying data to enable understanding of the computations and must endorse and circulate the order to DICs and concerned agencies. The Implementing Agency and Central Transmission Utility must publicize the order on their websites.

Broader legal implications: The opinion does not state any intention to set a novel legal precedent or to depart from existing regulatory methodology; it records an approval and administrative directions under the existing Sharing Regulations. No broader precedent or new legal principle is articulated in the text beyond application of the Sharing Regulations and the Commission's exercise of authority under Regulation 17.

Annexures (as referenced in the opinion)

The opinion expressly refers to:

  • Annexure—I — containing the approved PoC slab rates (Rs./MW/Month and paisa/unit) for generation (injection) and demand (withdrawal) zones for the period January–March 2015.
  • Annexure—II — containing the PoC loss slabs (High / Normal / Low relative to weighted average) for entities in each region for January–March 2015.
These Annexures, as included in the opinion text, list the detailed slab assignments by region and entity.

    National Load Despatch Centre, In Re

    The Central Electricity Regulatory Commission (Sharing of Inter-State Transmission Charges and Losses) Regulations, 2010 (hereinafter “Sharing Regulations”) came into effect from 1.7.2011.

    2. National Load Dispatch Centre as the Implementing Agency has been entrusted with the responsibility for computation of transmission charges and losses under the Sharing Regulations for each financial year. Further, Regulation 17 of the Sharing Regulations provides that the Implementing Agency shall be required to provide the following information consequent to the computation of transmission charges and losses undertaken by it:—

    (a) Approved Basic Network Data and Assumptions, if any;

    (b) Zonal or nodal transmission charges for the next financial year differentiated by block of months;

    (c) Zonal or nodal transmission losses data;

    (d) Schedule of charges payable by each constituent for the future application period, after undertaking necessary true-up of costs as per these regulations and detailed procedures.

    3. The Implementing Agency in its letter No. POSOCO/Trans. Pricing/CERC dated 1.1.2015 has submitted following information in compliance with Regulation 17 of the Sharing Regulations:—

    (a) Basic Network and load flow data approved by Validation Committee

    (b) Yearly Transmission Charge (YTC) details of ISTS Licensees

    (c) PoC rates and loss percentage computation details

    (d) Assumptions used for computation of PoC rates and Losses

    (e) Schedule of charges payable by each DIC for the fourth quarter of the year 2014–15 (period January to March, 2015)

    (f) List of assets of other non-ISTS Licensees whose assets have been certified as being used for interstate transmission by the RPCs (Whose transmission charges have been considered for sharing along with the ISTS)

    4. We have examined the basic network data and assumptions, the results of the Load Flow Studies, the yearly transmission charges of the ISTS licensees and the calculation of PoC charges for generation and demand zone submitted by the Implementing Agency. We have also examined the calculation of losses on PoC basis, average losses, final % losses applicable on generation and demand zones. We find that the calculations submitted by the Implementing Agency have been done as per Sharing Regulations and amendments thereof.

    5. The Commission had by its order dated 26.12.2014 approved the slabs of PoC rates for National grid and also approved the slabs in respect of transmission losses. The Implementing Agency after computation of PoC rates and transmission losses for each injection and withdrawal zone has assigned them to different tiers of slabs. We have gone through the details furnished by Implementing Agency and find the same to be in order. We approve the applicable PoC slab rates for Long Term Access and Medium Term Open Access (MTOA) in Rs./MW/Month and rates for Short Term Open Access (STOA) in paisa per unit for each Generation (injection) zone and Demand (withdrawal) zone as per the details at Annexure-I to this order.

    6. In the Principal Regulations it is provided that there shall be three slab rates for injection and demand PoC charges for the year up to 2013–14, after which the same shall be rationalized in the year 2014–15 based on a review by the Commission. The review of the slab rate as proposed in the third amendment of Sharing Regulations is under consideration of the Commission. The outcome of review will be applicable from the date as per decision of the Commission

    7. Similarly, we have examined the details of PoC losses in percentage for each Generation (injection) zone and Demand (withdrawal) zone and its applicable slab as per slabs approved by the Commission and have found them to be in order. We, therefore, approve the same as per the details at Annexure—II to this order. These average slabs for each region shall be applied based on last week's actual Regional Losses.

    8. In exercise of power under Regulation 17(2) of Sharing Regulations, we approve the Basic Network, Load Flow, assumptions used for computation of the final PoC rates and final transmission losses, their fitment into slabs and schedule of charges payable by each DIC for the Fourth quarter of the year 2014–15 i.e. from 1.1.2015 to 31.3.2015, as submitted by Implementing Agency. We also direct the Implementing Agency to publish zonal PoC Rates and zonal Transmission Losses and associated details that will enable a clear understanding of the calculations used for arriving at these rates, along with underlying network information and base load flows used, in accordance with the Regulation 17(3) of Sharing Regulations.

    9. In order to ensure smooth change over for short term transactions from the existing rates to the new rates of sharing of transmission charges, we direct that in respect of the applications made for scheduling of bilateral and collective transactions received before 5.1.2015, short-term open access charges would be payable at the rates applicable for the application period from October-December, 2014(Q3) 2014–15 and for applications received on or after 5.1.2015 the short-term open access charges shall be payable as per the application period from 1.1.2015 to 31.3.2015 (Q4) 2014–15. In keeping with the application of weekly losses, we direct that the application of the new PoC loss slabs for Fourth quarter would be made applicable from 5.1.2015.

    10. The Implementing Agency is directed to endorse a copy of this order to all DICs and other concerned agencies. The Implementing Agency and Central Transmission Utility shall also give wide publicity to this order through their websites.

    Annexure I

    Slabs for PoC Rates - Northern Region (January to March, 2015) Sl. No. Name of Entity Slab Rate (Rs./MW/Month) Slab Rate (Paisa/Unit) 1 Haryana Inj 122173 16.89 2 Haryana W 122173 16.89 3 Rajasthan W 122173 16.89 4 Delhi Inj 107173 14.89 5 Jammu & Kashmir W 107173 14.89 6 RAPP C 107173 14.89 7 Rihand 107173 14.89 8 Uttar Pradesh W 107173 14.89 9 Uttarakhand W 107173 14.89 10 Chamera I 92173 12.89 11 Chamera II 92173 12.89 12 Chamera Pooling Point 92173 12.89 13 Chandigarh Inj 92173 12.89 14 Chandigarh W 92173 12.89 15 Dadri 92173 12.89 16 Delhi W 92173 12.89 17 Dulhasti 92173 12.89 18 Himachal Pradesh Inj 92173 12.89 19 Himachal Pradesh W 92173 12.89 20 Jammu & Kashmir Inj 92173 12.89 21 Jhajjar 92173 12.89 22 Karcham Wangtoo 92173 12.89 23 Koteshwar 92173 12.89 24 Nathpa Jhakri 92173 12.89 25 Parbati III 92173 12.89 26 Punjab Inj 92173 12.89 27 Punjab W 92173 12.89 28 Rajasthan Inj 92173 12.89 29 Rampur HEP 92173 12.89 30 Shree Cement 92173 12.89 31 Singrauli 92173 12.89 32 Tehri 92173 12.89 33 Uri I 92173 12.89 34 Uttar Pradesh Inj 92173 12.89 35 Uttarakhand Inj 92173 12.89
    Slabs for PoC Rates - Eastern Region (January to March, 2015) Sl. No. Name of Entity Slab Rate (Rs./MW/Month) Slab Rate (Paisa/Unit) 1 Barh 122173 16.89 2 Farakka 122173 16.89 3 GMR Kamalanga 122173 16.89 4 Kahalgaon 122173 16.89 5 Odisha Inj 122173 16.89 6 Talcher 122173 16.89 7 DVC Inj 107173 14.89 8 Maithon Power Limited 107173 14.89 9 Odisha W 107173 14.89 10 West Bengal Inj 107173 14.89 11 Aadhunik Power 92173 12.89 12 Bangladesh Inj 92173 12.89 13 Bangladesh W 92173 12.89 14 Bihar Inj 92173 12.89 15 Bihar W 92173 12.89 16 DVC W 92173 12.89 17 Injection from Bhutan 92173 12.89 18 Jharkhand Inj 92173 12.89 19 Jharkhand W 92173 12.89 20 Sikkim Inj 92173 12.89 21 Sikkim W 92173 12.89 22 Sterlite 92173 12.89 23 Teesta 92173 12.89 24 West Bengal W 92173 12.89
    Slabs for PoC Rates — North, Eastern Region (January to March 2015) Sl. No. Name of Entity Slab Rate (Rs./MW/Month) Slab Rate (Paisa/Unit) 1 Arunachal Pradesh W 122173 16.89 2 Assam W 122173 16.89 3 Manipur W 122173 16.89 4 Meghalaya W 122173 16.89 5 Mizoram Inj 122173 16.89 6 Mizoram W 122173 16.89 7 Nagaland W 122173 16.89 8 Palatana 122173 16.89 9 Tripura Inj 122173 16.89 10 Arunachal Pradesh Inj 92173 12.89 11 Assam Inj 92173 12.89 12 Manipur Inj 92173 12.89 13 Meghalaya Inj 92173 12.89 14 Nagaland Inj 92173 12.89 15 Ranganadi 92173 12.89 16 Tripura W 92173 12.89
    Slabs for PoC Rates - Western Region (January to March, 2015) Sl. No. Name of Entity Slab Rate (Rs./MW/Month) Slab Rate (Paisa/Unit) 1 Chhattisgarh Inj 122173 16.89 2 Goa-WR W 122173 16.89 3 Gujarat Inj 122173 16.89 4 JPL Extn. 122173 16.89 5 Maharashtra Inj 122173 16.89 6 Maharashtra W 122173 16.89 7 NSPCL, Bhilai 122173 16.89 8 Sipat 122173 16.89 9 ACB+Spectrum Coal and Power Limited 107173 14.89 10 Gujarat W 107173 14.89 11 Jindal Power Limited + Jindal Steel Power Limited 107173 14.89 12 Korba 107173 14.89 13 KSK Mahanadi 107173 14.89 14 Lanco 107173 14.89 15 Madhya Pradesh W 107173 14.89 16 Sasan UMPP 107173 14.89 17 Vindhyachal 107173 14.89 18 Balco 92173 12.89 19 Chhattisgarh W 92173 12.89 20 Coastal Gujarat Power Limited 92173 12.89 21 D & D Inj 92173 12.89 22 D & D W 92173 12.89 23 DNH Inj 92173 12.89 24 DNH W 92173 12.89 25 EMCO 92173 12.89 26 Essar Mahan 92173 12.89 27 Essar Steel Inj 92173 12.89 28 Essar Steel W 92173 12.89 29 Goa-WR Inj 92173 12.89 30 JP Nigrie 92173 12.89 31 Madhya Pradesh Inj 92173 12.89 32 Mauda 92173 12.89 33 Sardar Sarovar Project 92173 12.89 34 Tarapur Atomic Power Station 3 & 4 92173 12.89
    Slabs for PoC Rates - Southern Region (January to March, 2015) Sl. No. Name of Entity Slab Rate (Rs./MW/Month) Slab Rate (Paisa/Unit) 1 Andhra Pradesh W 122173 16.89 2 Karnataka Inj 122173 16.89 3 Karnataka W 122173 16.89 4 Kerala W 122173 16.89 5 Talcher Stage II 122173 16.89 6 Tamilnadu W 122173 16.89 7 Telangana W 122173 16.89 8 SEPL+MEPL 107173 14.89 9 Simhadri 2 107173 14.89 10 Andhra Pradesh Inj 92173 12.89 11 Coastal Energy 92173 12.89 12 Goa-SR Inj 92173 12.89 13 Goa-SR W 92173 12.89 14 Kaiga 92173 12.89 15 Kerala Inj 92173 12.89 16 Kudankulam 92173 12.89 17 NLC 92173 12.89 18 Pondicherry Inj 92173 12.89 19 Pondicherry W 92173 12.89 20 Ramagundam 92173 12.89 21 Tamilnadu Inj 92173 12.89 22 Telangana Inj 92173 12.89 23 Vallur 92173 12.89

    Annexure II

    Slabs for PoC Losses - Northern Region (January to March, 2015) Sl. No. Name of Entity Slab w.r.t. Weighted Avg 1 RAPP C High 2 Rihand High 3 Singrauli High 4 Uttar Pradesh W High 5 Uttarakhand W High 6 Delhi W Normal 7 Haryana W Normal 8 Jammu & Kashmir W Normal 9 Punjab W Normal 10 Rajasthan W Normal 11 Uttar Pradesh Inj Normal 12 Chamera I Low 13 Chamera II Low 14 Chamera Pooling Point Low 15 Chandigarh Inj Low 16 Chandigarh W Low 17 Dadri Low 18 Delhi Inj Low 19 Dulhasti Low 20 Haryana Inj Low 21 Himachal Pradesh Inj Low 22 Himachal Pradesh W Low 23 Jammu & Kashmir Inj Low 24 Jhajjar Low 25 Karcham Wangtoo Low 26 Koteshwar Low 27 Nathpa Jhakri Low 28 Parbati III Low 29 Punjab Inj Low 30 Rajasthan Inj Low 31 Rampur HEP Low 32 Shree Cement Low 33 Tehri Low 34 Uri I Low 35 Uttarakhand Inj Low
    Slabs for PoC Losses - Eastern Region (January to March, 2015) Sl. No. Name of Entity Slab w.r.t. Weighted Avg 1 GMR Kamalanga High 2 Orissa Inj High 3 Sterlite High 4 Talcher High 5 Bangladesh W Normal 6 Barh Inj Normal 7 Bihar W Normal 8 DVC Inj Normal 9 Farakka Normal 10 Kahalgaon Normal 11 Maithon Power Limited Normal 12 Odisha W Normal 13 Teesta Normal 14 West Bengal Inj Normal 15 West Bengal W Normal 16 Aadhunik Power Low 17 Bangladesh Inj Low 18 Bihar Inj Low 19 DVC W Low 20 Injection from Bhutan Low 21 Jharkhand Inj Low 22 Jharkhand W Low 23 Sikkim Inj Low 24 Sikkim W Low
    Slabs for PoC Losses - Western Region (January to March, 2015) Sl. No. Name of Entity Slab w.r.t. Weighted Avg 1 ACB+Spectrum Coal and Power Limited High 2 EMCO High 3 Essar Steel W High 4 Goa-WR W High 5 Jindal Power Limited+Jindal Steel Power Limited High 6 JPL Extn. High 7 KSK Mahanadi High 8 Lanco High 9 Maharashtra W High 10 Sipat High 11 Balco Normal 12 Chhattisgarh Inj Normal 13 D & D W Normal 14 DNH W Normal 15 Essar Mahan Normal 16 Gujarat W Normal 17 Korba Normal 18 Maharashtra Inj Normal 19 Mauda Normal 20 NSPCL, Bhilai Normal 21 Sasan UMPP Normal 22 Vindhyachal Normal 23 Chhattisgarh W Low 24 Coastal Gujarat Power Limited Low 25 D & D Inj Low 26 DNH Inj Low 27 Essar Steel Inj Low 28 Goa-WR Inj Low 29 Gujarat Inj Low 30 JP Nigrie Low 31 Madhya Pradesh Inj Low 32 Madhya Pradesh W Low 33 Sardar Sarovar Project Low 34 Tarapur Atomic Power Station 3 & 4 Low
    Slabs for PoC Losses — North Eastern Region (January to March, 2015) Sl. No. Name of Entity Slab w.r.t. Weighted Avg. 1 Manipur W High 2 Meghalaya W High 3 Mizoram W High 4 Arunachal Pradesh W Normal 5 Assam Inj Normal 6 Assam W Normal 7 Mizoram Inj Normal 8 Nagaland W Normal 9 Palatana Normal 10 Ranganadi Normal 11 Tripura Inj Normal 12 Arunachal Pradesh Inj Low 13 Manipur Inj Low 14 Meghalaya Inj Low 15 Nagaland Inj Low 16 Tripura W Low
    Slabs for PoC Losses — Southern Region (January to March, 2015) Sl. No. Name of Entity Slab w.r.t. Weighted Avg. 1 Karnataka W High 2 Kerala W High 3 Talcher Stage II High 4 Andhra Pradesh W Normal 5 Pondicherry W Normal 6 Simhadri 2 Normal 7 Tamilnadu W Normal 8 Telangana W Normal 9 Andhra Pradesh Inj Low 10 Coastal Energy Low 11 Goa-SR Inj Low 12 Goa-SR W Low 13 Kaiga Low 14 Karnataka Inj Low 15 Kerala Inj Low 16 Kudankulam Low 17 NLC Low 18 Pondicherry Inj Low 19 Ramagundam Low 20 SEPL+MEPL Low 21 Tamilnadu Inj Low 22 Telangana Inj Low 23 Vallur Low

    Use AI to get other relevant cases.

    Comments

    National Load Despatch Centre, In Re
    (Jan 2, 2015)