Citation Codes

Equivalent Citations

citation codes

Case Number

No. L-1/44/2010-CERC

Disposition

in part

Judges

P.K. Pujari
Chairperson
I.S. Jha, Member
Arun Goyal, Member

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Smart Summary

Structured Summary of the Provided Opinion

Factual and Procedural Background

The Central Electricity Regulatory Commission (Sharing of Inter-State Transmission Charges and Losses) Regulations, 2010 ("the 2010 Sharing Regulations") came into force with effect from 1.7.2011. Under those Regulations the National Load Dispatch Centre (NLDC), acting as the Implementing Agency, is responsible for computation of transmission charges and losses. Regulation 17 of the 2010 Sharing Regulations requires the Implementing Agency, after computation, to submit specified information including approved basic network data and assumptions; zonal and nodal transmission charges and losses for the ensuing Application Period; schedule of charges payable by each constituent; YTC details; and zone-wise PoC charge details to enable each DIC to see details of transmission lines it is using.

The Implementing Agency submitted the required information by letter dated 5.10.2020, providing items including approved basic network data and assumptions; zonal and nodal transmission charges and losses; schedule of charges; Yearly Transmission Charges (YTC) details of ISTS licensees; PoC rates and loss percentage computation details; and LTA/MTOA commencement schedules.

The Commission examined the basic network data and assumptions, the Load Flow Study results, the YTC of ISTS licensees and the calculations of PoC charges for demand and injection zones. The Commission found that the computations were performed in accordance with the 2010 Sharing Regulations and amendments, and accordingly approved the basic network, load flow and assumptions for computation of final PoC rates and transmission losses, their fitment into slabs and the schedule of charges payable by each DIC for the period October 2020 to November 2020.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

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, as reflected in the opinion, proceeded in the following steps (as expressly documented):

Verification of Regulatory Context: The Commission noted that the 2010 Sharing Regulations govern computation and sharing of inter-state transmission charges and losses, and that Regulation 17 prescribes the information to be submitted by the Implementing Agency after computation.
Receipt of Submission: The Implementing Agency submitted the enumerated data by letter dated 5.10.2020 (including basic network data and assumptions; zonal/nodal charges and losses; schedule of charges; YTC details; PoC rate computations; and LTA/MTOA commencement schedules).
Examination of Material: The Commission examined the submitted basic network data and assumptions, the results of Load Flow Studies, YTC details of ISTS licensees and the calculation of PoC charges for demand and injection zones (including for LTA to target region).
Compliance Assessment: The Commission found that the calculations submitted by the Implementing Agency had been done as per provisions of the 2010 Sharing Regulations and amendments thereof.
Approval and Directives: On that basis the Commission approved the Basic Network, Load Flow and assumptions used for computation of final PoC rates and final transmission losses, their fitment into slabs and the schedule of charges payable by each DIC for the period from October 2020 to November 2020. The Commission also directed the Implementing Agency to publish zonal PoC rates and associated details (underlying network information and base load flows) to enable clear understanding of the calculations.
Transitional and Temporal Considerations: The Commission observed that the CERC (Sharing of inter-state transmission charges and losses) Regulations 2020 became effective from 1.11.2020. It recorded Regulation 22 of the 2020 Regulations which provides that during the transition period (November 2020 and December 2020) bills would be raised as per provisions of the 2010 Sharing Regulations. Consequently, the Commission stated that bills raised in November 2020 and December 2020 shall be based on the notified PoC rates for October 2020 and November 2020 respectively, as determined under the 2010 Regulations.
Scope Clarification: Because the relevant period (October 2020 to November 2020) was already over at the time of this Order, the Commission noted that Short Term Open Access rates and transmission losses as per the 2010 Regulations were not included in the Order.
Administrative Directions: The Commission directed the Implementing Agency to endorse a copy of the order to all DICs and concerned agencies, and directed the Implementing Agency and the Central Transmission Utility to give wide publicity to the order via their websites.

Holding and Implications

Holding: The Commission approved the Basic Network, Load Flow and assumptions, and approved the computed final PoC slab rates and final transmission losses (and their fitment into slabs) and the schedule of charges payable by each DIC for the period October 2020 to November 2020. For emphasis: APPROVED the PoC slab rates and associated computations for October 2020 to November 2020.

Direct, Express Consequences for the Parties

The applicable PoC slab rates for Long Term Access (LTA) and Medium Term Open Access (MTOA) in Rs./MW/month for each demand zone and injection zone were approved as set out in Annexure-II of the Order.
The Generation and Demand figures (MW) considered in the base case of PoC for October–November 2020 were as given in Annexure-I (the Commission approved their use).
The Reliability Support Charges and HVDC Charges for all Regions were approved as given in Annexure-II.
The total Monthly Transmission Charge (MTC) considered for the period October 2020 to November 2020 is stated in the opinion as Rs. 3,328.24 crores.
Transitional billing: Because the 2020 Regulations became effective on 1.11.2020, and Regulation 22 of the 2020 Regulations provides a transition rule, bills for November 2020 and December 2020 shall be raised in accordance with the 2010 Sharing Regulations — specifically, bills in November 2020 and December 2020 shall be based on the notified PoC rates for October 2020 and November 2020 respectively (as determined under the 2010 Regulations).
Short-term open access rates and transmission losses under the 2010 Regulations were not included in this Order because the period October–November 2020 had already elapsed.
Administrative compliance: The Implementing Agency was directed to circulate the Order to all DICs and concerned agencies and to publish the information widely on its and the Central Transmission Utility's websites, and to publish zonal PoC rates and associated details that enable understanding of the calculations and underlying network information.

Broader Implications / Precedential Effect

The opinion contains administrative approvals and directions limited to the period October 2020 to November 2020, and records transitional application of the 2010 Regulations for November–December 2020. The Order does not identify or state any novel legal principle intended to create a new precedent; it applies the existing 2010 Sharing Regulations (and records the transition to the 2020 Regulations).

Selected Documented Data from the Order (as provided)

The following items are verbatim numerical details supplied in the opinion and approved by the Commission. They are included here for accuracy and completeness.

PoC Slab Values (general slab levels)

PoC Slab (Rs./MW/Month) I 481067 II 428211 III 375355 IV 322499 V 269643 VI 216787 VII 163931 VIII 111075 IX 58219

Total Monthly Transmission Charge (MTC) Considered

Rs. 3,328.24 crores (for the period October 2020 to November 2020).

Annexures (as referenced)

Annexure-I: Demand and generation considered in base case of PoC for the period from October 2020 to November 2020 (the Order lists numerous DICs and corresponding load/generation MW figures in Annexure-I).

Annexure-II: Slabs for PoC Rates and associated Reliability Support Charges, HVDC Charges and, where applicable, bilateral/other payable amounts for various entities across Northern, Eastern, Western, Southern and North-Eastern Regions (the Order contains detailed slab-by-entity entries in Annexure-II).

If a reader requires the precise line-by-line annexure entries (entity-by-entity slab rates and special bilateral payment amounts), those specific numeric entries are contained in Annexure-I and Annexure-II of the provided opinion text and were approved by the Commission for the relevant period.

Administrative / Implementation Directions

The Implementing Agency is directed to publish zonal PoC rates and the associated calculation details, including underlying network information and base load flows used.
The Implementing Agency is directed to endorse a copy of the Order to all DICs and other concerned agencies.
The Implementing Agency and the Central Transmission Utility are directed to give wide publicity to the Order via their websites.

This summary is restricted to, and derived exclusively from, the content of the provided opinion. No external materials or inferences beyond the opinion text have been introduced.

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National Load Despatch Centre, In Re

1. The Central Electricity Regulatory Commission (Sharing of Inter-State Transmission Charges and Losses) Regulations, 2010 (hereinafter referred to as ‘the 2010 Sharing Regulations’) came into force with effect from 1.7.2011.

2. National Load Dispatch Centre as the Implementing Agency under the 2010 Sharing Regulations has been entrusted with the responsibility of computation of transmission charges and losses. Further, as per Regulation 17 of the 2010 Sharing Regulations, the Implementing Agency is required to submit the following information after the computation of transmission charges and losses:—

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

(b) Zonal and nodal transmission charges for the ensuing Application Period;

(d) Schedule of charges payable by each constituent for the ensuing Application Period;

(e) YTC detail (information submitted by the transmission licensees covered under these Regulation and computation by Implementing Agency);

(f) Zone wise details of PoC Charges to enable each DIC to see details of transmission lines it is using and whose transmission charges it is sharing.

3. The Implementing Agency vide its letter dated 5.10.2020 has submitted following information in compliance with Regulation 17 of the 2010 Sharing Regulations:—

(a) Approved Basic Network Data and Assumptions;

(b) Zonal and nodal transmission charges for the ensuing Application Period;

(d) Schedule of charges payable by each constituent for the ensuing Application Period;

(e) Yearly Transmission Charges (YTC) details of ISTS Licensees;

(f) PoC rates and loss percentage computation details;

(g) LTA/MTOA and their commencement schedule.

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 demand zone and injection zone (for LTA to target region) submitted by the Implementing Agency. We find that the calculations submitted by the Implementing Agency have been done as per provisions of the 2010 Sharing Regulations and amendments thereof and accordingly, we approve the Basic Network, Load Flow and the assumptions made 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 period from October 2020 to November 2020 as submitted by Implementing Agency.

5. The Implementing Agency after computation of PoC rates for each injection zone and demand zone has assigned them to different slabs. We have gone through the details furnished by the Implementing Agency and find the same in order. The total Monthly Transmission Charge (MTC) considered for the period from October 2020 to November 2020 is Rs. 3328.24 crores.

6. In the light of the above, we approve the following:

(a) The applicable PoC slab rates for Long Term Access (LTA) and Medium Term Open Access (MTOA) in Rs./MW/month for each demand zone (for withdrawal DICs) and injection zone (for injection DICs having LTA to target region) as per details at Annexure-II. The slabs for POC rates for LTA/MTOA are as follows:

PoC Slab (Rs./MW/Month) I 481067 II 428211 III 375355 IV 322499 V 269643 VI 216787 VII 163931 VIII 111075 IX 58219

(b) The Generation and Demand figures (MW) considered in base case of PoC for the period from October 2020 to November 2020 is given in Annexure-I.

(d) We also direct the Implementing Agency to publish zonal PoC Rates and associated details which will enable a clear understanding of the calculations used for arriving at these rates, along with underlying network information and base load flows used.

7. The PoC rates in the instant Order is for the period from October 2020 to November 2020. However, we observe that CERC (Sharing of inter-state transmission charges and losses) Regulations 2020 have become effective from 1.11.2020 and accordingly the transmission charges for period from 1.11.2020 shall be in accordance with CERC (Sharing of inter-state transmission charges and losses) Regulations 2020. Regulation 22 of the CERC (Sharing of inter-state transmission charges and losses) Regulations 2020 provides that in the transition period of November 2020 and December 2020, bills would be raised as per the provisions of the 2010 Sharing Regulations. Thus, the bills raised in the month of November 2020 and December 2020 shall be based on the notified PoC rates for October 2020 and November 2020 respectively, determined in accordance with the 2010 Sharing Regulations.

8. Further, since the period of October 2020 to November 2020 is already over, Short term Open rates and transmission losses as per Central Electricity Regulatory Commission (Sharing of Inter State Transmission Charges and Losses) Regulations, 2010 have not been included in this Order.

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

ANNEXURE-I

Demand and Generation considered in Base case of POC for the period from October 2020 to November 2020

Name of DICs load (MW) Generation (MW) ACBIL 419 AD Hydro 141 Adhunik Power 351 Andhra Pradesh 8,165 5,879 APL Mundra 2,850 Arunachal Pradesh 126 107 Assam 1,568 511 Balco 351 Bangladesh 800 Barh 1,053 BBMB 1,870 Bhutan - 1,316 Bihar 4,890 527 Bongaigaon NTPC 540 CGPL 2,896 Chamera 1 477 Chamera 2 263 Chamera 3 201 Chandigarh 250 Chattisgarh 3,708 1,977 Chujachan 87 Coastal Energen 658 Dadra Nagar Haveli 600 Dadri-NCR - 1,316 Daman & Diu 231 Darlipalli STPP ST-1 658 DB Power 905 Delhi 4,244 768 DGEN 351 Dhariwal 240 Dikchu HEP 84 Dulasti 342 DVC 2,716 3,665 ESIL 415 Essar Mahan 588 Farakka 1,492 Gadarwada 492 GMR Warora 456 Goa 461 Goa SR 74 Gujarat 15,131 8,060 Harayana 6,504 1,926 Himachal Pradesh 1,541 564 IL&FS 963 Jammu & Kashmir 2,399 1,281 Jhabua Power 494 Jhajjar 1,241 Jharkhand 1,287 355 Jindal 386 JITPL 999 Jorethang 79 JP Nigrie 1,089 JPL Stg-2 1,000 JPL CPP 89 89 Kahalgaon 1,667 Kaiga 516 Kamalanga TPP (GMR) 532 Kameng 263 Karcham Wangtoo 941 Karnataka 10,979 8,595 Kerala 3,045 1,316 Khargone STPS 527 Koldam 695 Korba 2,125 Koteshwar 302 KSK Mahanadi 1,477 Kudankulam 1,618 Kudgi STPS 1,270 Lanco 490 Lara 492 Madhya Pradesh 12,273 5,410 Maharastra 19,375 11,902 Manipur 223 92 Mauda 1,316 MB Power (Anuppur) 789 Meghalaya 355 209 Mizoram 125 52 MPL 658 Nabinagar BRBCL 618 Nagaland 144 77 Naptha Jhakri 1,413 Neyveli-ALL 1,499 NPGC (Nabinagar) 544 NSPCL Bhilai 406 NTECL-Vallur 834 NTPC Vindhyachal 3,875 Odisha 3,783 3,336 Palatana GBPP 597 Parbati III 320 Pondicherry 379 Punjab 6,025 3,628 Rajasthan 11,534 7,475 Ramagundam 1,862 Rampur HEP 394 Ranganadi, NEEPCO 352 RAPP C 353 Ratnagiri Dabhol 579 REGL 307 REL 702 Rihand WR 749 Rihand-G 1,704 RKM Power 614 Sainj HEP 89 Sasan UMPP 3,362 Sembcorp Energy India Ltd. 993 Sembcorp Gayatri Power Ltd. 1,094 Sholapur STPP 307 Sikkim 100 58 Simhadri I 789 Simhadri II 789 Singrauli 1,640 Sipat 2,452 SKS Power 483 Spectrum Power 67 Sree Cement 167 SSP 35 Talcher 658 Talcher Stage II 1,229 Tamil Nadu 13,005 6,556 Tanda Stg-2 380 Tarapur 863 Tashiding HEP 82 Teesta V 447 Teesta-III 922 Tehri 923 Telangana 9,884 5,842 Torrent GJ 1,038 Tripura 387 236 TRN Energy 482 Tuticorin TPP 828 Unchahar 1,247 URI 1 HPS 347 URI II HPS 176 Uttar Pradesh 17,283 9,152 Uttarakhand 1,817 1,066 West Bengal 5,997 4,294

Annexure-II

Slabs for PoC Rates - Northern Region (October 2020 - November 2020) Sl. No. Name of Entity PoC Slab Rate (Rs./MW/Month) Reliability Support Charges Rate (Rs./MW/Month) HVDC Charges Rate for NR (Rs./MW/Month) Bilateral charges (Rs/Month) 1 Rajasthan 481067 32145 45256 2 Haryana 375355 32145 45256 3 Uttarakhand 322499 32145 45256 4 Uttar Pradesh 269643 32145 45256 5 Delhi 163931 32145 45256 6 Punjab 163931 32145 45256 7 Jammu & Kashmir 111075 32145 45256 8 AD Hydro 58219 32145 45256 9 Chandigarh 58219 32145 45256 10 Himachal Pradesh 58219 32145 45256 11 MUNPL Meja Payable towards MTC of 400 kV Meja-Allahabad 4496917

Slabs for PoC Rates - Eastern Region (October 2020 - November 2020) Sl. No. Name of Entity PoC Slab Rate (Rs./MW/Month Reliability Support Charges Rate (Rs./MW/Month) HVDC Charges Rate for ER (Rs./MW/Month) Bilateral charges (Rs/Month) 1 GMR Kamalanga 481067 32145 11588 2 DVC 269643 32145 11588 3 Jorthang 269643 32145 11588 4 Odisha 269643 32145 11588 5 Taseding 269643 32145 11588 6 Bihar 216787 32145 11588 7 Jharkhand 216787 32145 11588 8 West Bengal 163931 32145 11588 9 Bangladesh 111075 32145 11588 10 Chujachen 111075 32145 11588 11 Sikkim 58219 32145 11588 12 West Bengal_Inj 58219 32145 11588 13 BRBCL Nabinagar Payment towards MTC of 400kV Nabinagar-Sasaram 7025354 14 NPGC Nabinagar Payment towards MTC of 400kV Nabinagar II - Gaya D/C Quad 21200667 15 NTPC Darlipalli Payment towards MTC of 765kV Darlipalli-Jharsuguda Ckt-1 along with bays at Jharsuguda 4008792

Slabs for PoC Rates-Western Region (October 2020 - November 2020) Sl. No. Name of Entity Slab Rate (Rs./MW/Month Reliability Support Charges Rate (Rs./MW/Month) HVDC Charges Rate for WR (Rs./MW/Month) Bilateral charges (Rs/Month) 1 ACB Ltd 481067 32145 11588 2 DB Power 481067 32145 11588 3 Jindal Power Limited 481067 32145 11588 4 Maharashtra 481067 32145 11588 5 Spectrum Coal & Power 481067 32145 11588 6 TRN Energy Pvt. Ltd. 481067 32145 11588 7 KSK Mahanadi 428211 32145 11588 8 Dadra & Nagar Haveli 322499 32145 11588 9 MB Power 322499 32145 11588 10 Goa-WR 269643 32145 11588 11 Gujarat 269643 32145 11588 12 Madhya Pradesh 269643 32145 11588 13 GMR Warora 216787 32145 11588 14 Chhattisgarh 111075 32145 11588 15 Daman Diu 111075 32145 11588 16 SUGEN 111075 32145 11588 17 Chhattisgarh_Inj 58219 32145 11588 18 Adani Power Limited For 1495 MW LTA to Haryana from HVDC Mundra-Mahendergarh 348881971 19 NTPC Gadawara Charges payable towards MTC of Power Grid Warora Transmission system 146695833 20 NTPC Lara Payable towards MTC of 400kV Lara STPS-1 - Raigarh PS and Lara STPS-1 - Champa PS D/C Quad 26899083

Slabs for PoC Rates - Southern Region (October 2020 - November 2020) Sl. No. Name of Entity PoC Slab Rate (Rs./MW/Month) Reliability Support Charges Rate (Rs./MW/Month) HVDC Charges Rate for SR (Rs./MW/Month) 1 Andhra Pradesh 481067 32145 18226 2 Karnataka 375355 32145 18226 3 Sembcorp Gayatri Power Ltd 269643 32145 18226 4 Telangana 269643 32145 18226 5 Sembcorp Energy India Limited 216787 32145 18226 6 Tamil Nadu 216787 32145 18226 7 Kerala 163931 32145 18226 8 Goa-SR 111075 32145 18226 9 Pondicherry 58219 32145 18226

Sl. No. Name of Entity PoC Slab Rate (Rs./MW/Month) Reliability Support Charges Rate (Rs./MW/Month) HVDC Charges Rate for NER (Rs./MW/Month) 1 Nagaland 322499 32145 11588 2 Mizoram 269643 32145 11588 3 Assam 216787 32145 11588 4 Manipur 216787 32145 11588 5 Meghalaya 111075 32145 11588 6 Tripura 111075 32145 11588 7 Arunachal Pradesh 58219 32145 11588

National Load Despatch Centre, In Re

Structured Summary of the Provided Opinion

Factual and Procedural Background

Legal Issues Presented

Arguments of the Parties

Table of Precedents Cited

Court's Reasoning and Analysis

Holding and Implications

Direct, Express Consequences for the Parties

Broader Implications / Precedential Effect

Selected Documented Data from the Order (as provided)

PoC Slab Values (general slab levels)

Total Monthly Transmission Charge (MTC) Considered

Annexures (as referenced)

Administrative / Implementation Directions

National Load Despatch Centre, In Re

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