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discussion paper on parallel operation charge - Infraline

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1. BACKGROUND<br />

CSEB filed before the Commissi<strong>on</strong> its first tariff applicati<strong>on</strong> for determinati<strong>on</strong> of ARR and tariff<br />

under Secti<strong>on</strong> 62 of the Electricity Act,2003(the Act) and other miscellaneous and general<br />

<strong>charge</strong>s under Secti<strong>on</strong> 45 and 46 of the Act. In additi<strong>on</strong> to revisi<strong>on</strong> of the rates of various<br />

services rendered by the Utility, the Utility had proposed to levy stand-by <strong>charge</strong>s <strong>on</strong> the<br />

Captive Power Plants (CPPs) running in <strong>parallel</strong> with the CSEB’s Grid at the rate of 7.5% of<br />

demand <strong>charge</strong>s <strong>on</strong> the installed capacity of the CPP, in view of the benefits enjoyed by the<br />

CPPs running in <strong>parallel</strong> with grid and the intangible services being rendered by the CSEB.<br />

In its first tariff order, the Commissi<strong>on</strong> fixed various miscellaneous and general <strong>charge</strong>s, as<br />

proposed by the Board which were based <strong>on</strong> the rates then prevailing in MPSEB, which had the<br />

same rates before bifurcati<strong>on</strong> of the erstwhile MPEB, as requisite significant data input was a<br />

c<strong>on</strong>straint. However in case of <strong>parallel</strong> operati<strong>on</strong> <strong>charge</strong>s, the Commissi<strong>on</strong> fixed Rs. 16 per kVA<br />

<strong>on</strong> the installed capacity of the CPPs, which was less than that of the Board’s proposal.<br />

While disposing off the petiti<strong>on</strong> No. 17 of 2005 (M), in the matter of power purchase and related<br />

dispensati<strong>on</strong> in respect of Captive Generating Plants, the Commissi<strong>on</strong> passed an order <strong>on</strong><br />

06.02.2006 wherein various issues were addressed in light of the provisi<strong>on</strong>s of the Act, Nati<strong>on</strong>al<br />

Electricity Policy and Tariff Policy. Keeping in view of the objecti<strong>on</strong>s of the CPPs, the<br />

Commissi<strong>on</strong> reduced the <strong>parallel</strong> operati<strong>on</strong> <strong>charge</strong>s to 60% of the approved <strong>charge</strong> i.e., Rs. 10<br />

per kVA per m<strong>on</strong>th till the rate was reviewed and revised, if necessary, in the next tariff order <strong>on</strong><br />

the basis of a realistic study.<br />

The Urla Industries Associati<strong>on</strong>, the petiti<strong>on</strong>er in petiti<strong>on</strong> No. 17 of 2005, preferred an appeal<br />

(No. 99 of 2006) before the H<strong>on</strong>’ble Appellate Tribunal for Electricity (ATE) against the Order<br />

passed by the Commissi<strong>on</strong>.<br />

The directi<strong>on</strong>s of the H<strong>on</strong>'ble Appellate Tribunal for Electricity in their judgement of 12th<br />

September 2006 passed in appeal no. 99 of 2006 are as follows:<br />

"The c<strong>on</strong>tenti<strong>on</strong> that no <strong>charge</strong>s at all is payable for <strong>parallel</strong> operati<strong>on</strong> or transmissi<strong>on</strong><br />

system can not be sustained and such a claim is c<strong>on</strong>trary to factual positi<strong>on</strong>. There is no escape<br />

of CPP to pay <strong>charge</strong>s for <strong>parallel</strong> operati<strong>on</strong> by which the CPP gains while the transmissi<strong>on</strong><br />

system of the sec<strong>on</strong>d resp<strong>on</strong>dent CSEB is affected apart from the admitted fact the<br />

transmissi<strong>on</strong> grid is strengthened by the power injected by CPP. However, we make it clear that<br />

in the tariff petiti<strong>on</strong> which is pending c<strong>on</strong>siderati<strong>on</strong>, the Commissi<strong>on</strong> may fix the <strong>charge</strong>s for<br />

<strong>parallel</strong> operati<strong>on</strong> <strong>on</strong> the basis of the data, materials and scientific inputs relating to <strong>parallel</strong><br />

operati<strong>on</strong> <strong>charge</strong> already placed by the parties or that may be placed by the parties before the<br />

c<strong>on</strong>clusi<strong>on</strong> of hearing and such exercise shall be carried out by the first resp<strong>on</strong>dent Regulatory<br />

Commissi<strong>on</strong> independently and without in any manner being influenced by this judgment."<br />

2

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