Author: PPD Team Date: 25/03/2025
APTEL approves TSPL’s petition challenging PSERC order
The Appellate Tribunal for Electricity (APTEL) has approved Talwandi Sabo Power Limited’s (TSPL) appeal against the Punjab State Electricity Regulatory Commission’s (PSERC) order dated February 26, 2018. The PSERC had found TSPL guilty of four instances of misdeclaring its declared capacity (DC) in January 2017 and imposed a penalty under Regulation 11.3.13 of the Punjab State Grid Code, 2013.
APTEL ruled that misdeclaration can only be established if a thermal plant declares DC without sufficient coal or while under shutdown due to faulty machinery. No such circumstances were reported or proven in TSPL’s case. The tribunal found that TSPL successfully demonstrated its DC on all days except January 17, 2017, when a technical issue in the coal handling plant required a revision and shutdown, which was duly communicated to the Punjab State Load Despatch Centre (PSLDC).
Consequently, APTEL set aside PSERC’s order and directed PSLDC to revise its energy account for January 2017 by excluding the misdeclaration findings for January 15, 17, 24, and 31. Additionally, Punjab State Power Corporation Limited (PSPCL) has been instructed to refund the penalty amount of Rs 7.79 billion to TSPL, along with applicable interest as per Article 11.3.4 of the power purchase agreement.
Petition No: Appeal No. 50 OF 2018 | Read the full order here.
APTEL partly approves MePGCL’s appeal challenging MSERC order
The Appellate Tribunal for Electricity (APTEL) has partly approved Meghalaya Power Generation Corporation Limited’s (MePGCL) appeal challenging the Meghalaya State Electricity Regulatory Commission’s (MSERC) orders related to the review of true-up for FY 2013-14, provisional true-up for FY 2014-15, and generation tariff determination for FY 2016-17 for old plants and Sonapani.
APTEL ruled that MePGCL could not challenge MSERC’s order dated March 30, 2017, due to the legal bar under Order XLVII Rule 7(1) of the Code of Civil Procedure (CPC). However, the tribunal set aside MSERC’s findings in its order dated March 30, 2016, which was challenged in the appeal. APTEL has remanded the matter back to MSERC for fresh consideration, directing the commission to take into account the equity additions to MePGCL’s equity base. These additions resulted from the transfer of assets from the erstwhile Meghalaya State Electricity Board under the transfer scheme formulated by the Meghalaya government.
Petition No: APPEAL No. 367 OF 2017 | Read the full order here.
WBERC approves MYT application for Haldia Energy under the eighth control period
The West Bengal Electricity Regulatory Commission (WBERC) has approved the multi-year tariff (MYT) application of Haldia Energy Limited (HEL) for the eighth control period, covering 2023-24, 2024-25, and 2025-26. The approval is granted under Section 64(3)(a) read with Section 62(1) of the Electricity Act, 2003.
The commission has determined the Aggregate Revenue Requirement (ARR) separately for HEL’s 2×300 MW generating station and its 400 kV double-circuit dedicated transmission line. The approved ARR for the generating station is Rs 17,656.33 million for 2023-24, Rs 17,785.35 million for 2024-25, and Rs 17,708.59 million for 2025-26. The ARR for the dedicated transmission line is Rs 863.20 million for 2023-24, Rs 842.60 million for 2024-25, and Rs 822.15 million for 2025-26.
Petition No: TP-101/22-23 | Read the full order here.
WBERC passes order on IPCL’s petition for FPPCA and APR for FY 2017-18
The West Bengal Electricity Regulatory Commission (WBERC) has issued an order on India Power Corporation Limited (IPCL)’s petition regarding fuel and power purchase cost adjustment (FPPCA) and the annual performance review (APR) for the financial year 2017-18.
After analyzing adjustments related to uncontrollable factors, fixed charges, and fuel and power purchase costs, the commission has determined the allowable costs for IPCL’s generation and distribution functions as follows:
Petition No: TP-99/22-23 | Read the full order here.
WBERC passes order on MYT application for HMEL under the eighth control period
The West Bengal Electricity Regulatory Commission (WBERC) has issued an order on the multi-year tariff (MYT) application for Hiranmaye Energy Limited (HMEL) for the years 2023-24, 2024-25, and 2025-26.
The commission has determined the energy charge rate for HMEL for 2025-26 without considering any discount under the SHAKTI (Scheme for Harnessing and Allocating Koyla Transparently in India) scheme. The fuel cost is Rs 6,460.65 million, with a sent-out generation of 1,881.648 million units (MU), resulting in an energy charge rate of Rs 3.434 per kilowatt-hour (kWh).
The annual capacity charge recoverable by HMEL shall be determined on a monthly basis, depending on actual availability during the month in reference to the target normative annual availability, as per Regulation 6.11.4 of the Tariff Regulations. The tariff for 2025-26 will be effective from April 1, 2025, until further orders from the commission.
HMEL is entitled to realize Monthly Fuel Cost Adjustment (MFCA) for subsequent periods after the issuance of this tariff order, following the provisions of the Tariff Regulations. The company must maintain all documents related to coal receipts under the SHAKTI scheme and submit them along with bills to the West Bengal State Electricity Distribution Company Limited (WBSEDCL) to substantiate discount adjustments. Additionally, HMEL must provide all necessary details to WBERC when submitting its Annual Performance Review (APR) and Fuel and Power Purchase Cost Adjustment (FPPCA) petitions.
Petition No: TP-107/23-24 | Read the full order here.
WBERC approves PPA between IPCL and DVC
The West Bengal Electricity Regulatory Commission (WBERC) has approved India Power Corporation Limited’s (IPCL) petition for the approval of a power purchase agreement (PPA) with Damodar Valley Corporation (DVC). Under this agreement, IPCL will purchase 16 MW from the 2×600 MW Raghunathpur Thermal Power Station (RTPS) for 12 years at a regulated price determined by the Central Electricity Regulatory Commission (CERC).
IPCL executed a new PPA with DVC on May 6, 2022, to source 16 MW from Raghunathpur TPS instead of Bokaro TPS (BTPS-A), while keeping the quantum and duration of supply unchanged. The commission observed that the power from Raghunathpur TPS will be cheaper than that from Bokaro TPS. The proposed purchase rate is lower than IPCL’s average power purchase cost for 2021-22 (Rs 4.67/kWh) and 2022-23 (Rs 4.31/kWh), as per the last tariff order.
The commission has directed IPCL to manage its distribution network effectively to avoid voltage regulation issues. IPCL must minimize its reliance on a radial network for long-term power procurement, using it only in emergencies. Additionally, the company has been advised to explore alternative power sources with better supply patterns and cost benefits for consumers.
Petition No: PPA-119/22-23 | Read the full order here.
HERC approves HPGCL’s petition for true-up for FY 2023-24
The Haryana Electricity Regulatory Commission (HERC) has approved Haryana Power Generation Corporation Limited’s (HPGCL) petition for true-up for FY 2023-24, business plan for FY 2025-29, capex plan for FY 2025-29, mid-year performance review for FY 2024-25, and generation tariff determination for FY 2025-26.
HERC has allowed true-up expenses for FY 2023-24, resulting in a net disallowance of Rs 288.9 million, as shown below:
The commission has taken note of HPGCL’s business plan and has directed the company to seek case-specific approvals by filing separate petitions with supporting data for prudence checks. HERC has also approved a revised capital expenditure of Rs 824.3 million for FY 2024-25 and the proposed capex plan for FY 2025-26 to FY 2029-30. However, adjustments related to depreciation, interest on loans, and RoE for unapproved capex for FY 2024-25 have not been made at this stage.
The generation tariff for FY 2025-26 will be implemented from April 1, 2025.
Petition No: Case No. HERC/PETITION NO. 64 of 2024 | Read the full order here.
TSERC approves TGSPDCL’s petition seeking approval of draft PPA
The Telangana State Electricity Regulatory Commission (TSERC) has approved the petition filed by Southern Power Distribution Company of Telangana Limited (TGSPDCL) for the approval of the draft power purchase agreement (PPA) dated February 14, 2024. The agreement is between TGSPDCL and Dundigal Waste 2 Energy Private Limited for procuring power from its 14.5 MW waste-to-energy plant located at Dundigal, Medchal Malkajgiri district.
TSERC noted that TGSPDCL claimed the plant does not use refuse-derived fuel (RDF), whereas the respondent maintained that RDF is the sole fuel source and not municipal solid waste. The commission stated that the determination of the fuel type is not required at this stage and will be considered during tariff determination under Section 62 of the Electricity Act.
Since there are no disputes between the parties regarding other clauses of the PPA, TSERC has approved the agreement. Both parties have been directed to submit a fresh PPA with corrections as specified in the annexure to the order.
Petition No: O. P. No. 25 of 2024 | Read the full order here.
For more regulatory updates, read the latest orders covered on Power Peak Digest: Energy Regulatory Updates – Power Peak Digest
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