In the instant petition the petitioner, Power Grid Corporation of India Limited (PGCIL) has sought approval for transmission tariff for Installation of 400/220kV, 1*315 MVA Transformer at Mapusa (ICT-III) sub-station alongwith 2 nos. 220kV line bays (Ant. DOCO 1.10.2013) under Augmentation of Transformer and Bays in Western Region from DOCO to 31.3.2014, under Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 (hereinafter referred to as “2009 Tariff Regulations”). Further, the petitioner has requested for grant of provisional tariff as per 2009 Tariff Regulations, pending determination of final transmission tariff.
2. Regulation 5 of the 2009 Tariff Regulations provides as under:—
“Application for determination of tariff. (1) The generating company or the transmission licensee, as the case may be, may make an application for determination of tariff in accordance with Central Electricity Regulatory Commission (Procedure for making of application for determination of tariff, publication of the application and other related matters) Regulations, 2004, as amended from time to time or any statutory re-enactment thereof, in respect of the units of the generating station or the transmission lines or sub-stations of the transmission system, completed or projected to be completed within six months from the date of application.
(2) The generating company or the transmission licensee, as the case may be, shall make an application as per Appendix I to these regulations, for determination of tariff based on capital expenditure incurred duly certified by the auditors or projected to be incurred up to the date of commercial operation and additional capital expenditure incurred duly certified by the auditors or projected to be incurred during the tariff period of the generating station or the transmission system:
Provided that in case of an existing project, the application shall be based on admitted capital cost including any additional capitalization already admitted up to 31.3.2009 and estimated additional capital expenditure for the respective years of the tariff period 2009–14:
Provided further that application shall contain details of underlying assumptions for projected capital cost and additional capital expenditure, where applicable.
(4) Where application for determination of tariff of an existing or a new project has been filed before the Commission in accordance with clauses (1) and (2) of this regulation, the Commission may consider in its discretion to grant provisional tariff upto 95% of the annual fixed cost of the project claimed in the application subject to adjustment as per proviso to clause (3) of this regulation after the final tariff order has been issued:
Provided that recovery of capacity charge and energy charge or transmission charge, as the case may be, in respect of the existing or new project for which provisional tariff has been granted shall be made in accordance with the relevant provisions of these regulations.”
3. As per Regulation 5(4) of the 2009 Tariff Regulations, the Commission may in its discretion grant provisional tariff, if an application has been filed under Regulation 5(1) and (2) of the 2009 Tariff Regulations. Regulation 5(1) of the 2009 Tariff Regulations provides that the application for tariff should be made in accordance with the Central Electricity Regulatory Commission (Procedure for making of application for determination of tariff, publication of the application and other related matters) Regulations, 2004 (hereinafter referred to as “2004 Regulations”). Regulation 5(2) of 2009 Tariff Regulations provides that the application shall be made as per Appendix to the 2009 Tariff Regulations.
4. The petitioner has made the application as per the Appendix to the 2009 Tariff Regulations. The petitioner has also complied with the requirements of 2004 Regulations, such as service of the copy of the application on the beneficiaries, publication of notice and web hosting of the application, etc.
5. During hearing on 11.3.2014, the representative of the petitioner submitted that the petition was filed on 17.9.2013 with anticipated date of commercial operation as 1.10.2013 The asset has been commissioned on 1.11.2013 and revised management certificate alongwith revised tariff forms have been submitted vide affidavit dated 16.12.2013 He requested to allow provisional tariff as determination of final tariff would take some time. He also submitted that rejoinder to the reply of MSEDCL, Respondent No. 2, would be filed. The Commission directed the petitioner to file rejoinder to the reply of MSEDCL, by 25.3.2014 After carrying out a preliminary prudence check of the Annual Fixed Charges claimed and taking into consideration the cost over-run, which shall be looked into at the time of final tariff, the Commission has decided to grant the following provisional tariff to the petitioner:—
(Rs. in lakh)
Particulars Anticipated DOCO/DOCO Annual transmission charges claimed for the year 2013–2014 Annual transmission charges allowed for the year 2013–2014 Installation of 400/220kV, 1*315 MVA Transformer at Mapusa (ICT-III) sub-station alongwith 2 nos. 220 kV line bays 1.11.2013 182.72 164.45
6. The provisional tariff allowed in this order shall be applicable from the date of commercial operation (DOCO) of the transmission system and the billing, collection and disbursement of the transmission charges shall be governed by the provisions of Central Electricity Regulatory Commission (Sharing of Inter-State Transmission Charges and Losses) Regulations, 2010, as amended from time to time.
7. The provisional transmission charges allowed in this order shall be subject to adjustment as per Regulation 5(3) of the 2009 Tariff Regulations.
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