Application for grant of Distribution License in t Application ... - GERC

BEFORE THE GUJARAT ELECTRICITY REGULATORY COMMISSIONAT AHMEDABADLicense Application No.6/2008In the matter of:Application for grant of Distribution License in the area of MundraPort & Special Economic Zone at Taluka Mundra, Dist: Kutchh.Applicant : MPSEZ Utilities Private Limited,Adani House,Mundra Port Road, Navinal Island,P.O. Mundra, Dist: Kutchh.Represented by : Shri Chandresh SaxenaObjector : 1) Gujarat Urja Vikas Nigam Ltd., Vadodara.2) Gujarat Energy Transmission Co.Ltd.,Baroda3) Paschim Gujarat Vij Company Ltd., Rajkot.4) Energy & Petrochemicals Department,Govt. of Gujarat, Gandhinagar.Represented by : 1) Shri K.P.Jangid, CFM(Com.) GUVNL2) Ms.Venu Birappa & Shri S.K.Trivedi fromGETCO.3) Shri J.J.Gandhi, Dy.CAO from PGVCL.4) Shri R.P.Ghoghari, EPD, Govt.of Gujarat.CORAM:Dr.P.K.Mishra, ChairmanShri Pravinbhai Patel., Member(T)ORDER[1] The present application is filed for granting license for distribution ofelectricity in the Special Economic Zone (SEZ) of the Mundra SEZ by theapplicant.Page 1 of 4

[2] Subsequent to last hearing, the applicant has, vide their application dated23 rd March,2010, submitted that they have been approved as the codeveloperby the Board of Approval, Ministry of Commerce for providinginfrastructure facilities in the Mundra SEZ area. Therefore, they have gotthe status of deemed Distribution Licensee as per the NotificationNo.S.O.528(E) dated 3.3.2010 issued by Ministry of Industry andCommerce, Government of India which provides that an SEZ developershall be deemed to be licensee for the purpose of clause (b) of Section 14of the Electricity Act,2003.[3] The matter was kept for hearing on 12.4.2010. When the matter was calledout, S/Shri Chandresh Saxena and Yogesh Patel were present on behalf ofthe applicant. Shri K.P.Jangid, CFM(Com) was present on behalf ofGUVNL. Ms.Venu Birappa and Shri S.K.Trivedi were present on behalf ofGETCO. Shri J.J.Gandhi was present on behalf of PGVCL. ShriR.P.Ghoghari was present on behalf of Energy & PetrochemicalsDepartment, Govt. of Gujarat.[4] Shri Chandresh Saxena, on behalf of the applicant reiterated the facts asstated in para 2 above. The applicant desired to withdraw the presentapplication because they have got the deemed license status and theapplication has become infructuous.[5] Shri K.P.Jangid, on behalf of GUVNL, submitted that the PGVCL is anexisting licensee in the area of distribution of MPSEZ. They are alsoPage 2 of 4

having consumers in the SEZ area. The PGVCL desires to continue theirdistribution license for supplying power to the existing consumers andalso willing to supply power to new consumers. Hence, the applicant maybe given second license in the MPSEZ area.[6] The Energy & Petrochemicals Department, Govt. of Gujarat has vide theirletter dated 12 th April,2010 and 15 th January,2010 submitted that thePGVCL may be allowed to continue the distribution license for supply ofpower in the existing licensee area of the MPSEZ.[7] We have carefully considered the submission of the parties. The applicantsought withdrawal of the Distribution of Electricity License Application asthe Ministry of Commerce and Industry, Department of Commerce, Govt.of India vide Notification No.S.O.528(E) dated 3 rd March,2010 declaredthat the developer of an SEZ shall be deemed to be a licensee for thepurpose of clause (b) of Section 14 of the Electricity Act,2003. Therefore,the purpose of the application of the applicant has been served. Hence,withdrawal of license application sought by the applicant is granted.7.1 As regards the submissions of GUVNL/ PGVCL and Govt. of Gujarat areconcerned, it is to clarify that the present application was filed by theapplicant for grant of distribution license in the MPSEZ area notified byGovt. of India. The applicant now desires to withdraw the application asthe purpose of the application has been served through the Govt. of IndiaNotification which acknowledges the SEZ developer as deemed licensee.Page 3 of 4

So far as the license of PGVCL in the area of MPSEZ is concerned, theCommission noted the submissions of the parties and offers no commentson it, because no party has disputed the present status of PGVCL in theMPSEZ area.[8] In view of above observation, we allow the applicant to withdraw hisapplication for license for distribution of electricity in the Mundra SEZarea.[9] We order accordingly.[10] With this order, the application disposed of as withdrawn.Sd/-(Dr.P.K.MISHRA)CHAIRMANSd/-(PRAVINBHAI PATEL)MEMBER (T)Place: AhmedabadDate : 17/04/2010Page 4 of 4