Author: PPD Team Date: 26/03/2025

 

APTEL dismisses KCP’s appeal challenging APERC order

The Appellate Tribunal for Electricity (APTEL) has dismissed the appeal filed by KCP Limited against the order issued by the Andhra Pradesh Electricity Regulatory Commission (APERC) on September 24, 2016. The tribunal upheld APERC’s decision, holding KCP Limited liable to pay a surcharge on reactive power drawn from the grid of Transmission Corporation of Andhra Pradesh Limited (AP Transco).

APTEL noted that KCP Limited had challenged the levy of reactive power surcharge imposed by the Southern Power Distribution Company of Andhra Pradesh Limited, arguing that it was unauthorized and contrary to the agreements with AP Transco. However, the tribunal observed that Clause 1.13(b) of the Amended and Restated Power Wheeling Agreement, dated March 17, 1999, contained a binding and enforceable provision for the surcharge.

Based on this finding, APTEL ruled that KCP Limited was correctly held liable for the surcharge and dismissed the appeal for lack of merit.

Petition No: APPEAL No.213 OF 2017 | Read the full order here.

APTEL partly approves MePTCL’s appeal challenging MSERC order

The Appellate Tribunal for Electricity (APTEL) has partly approved the appeal filed by Meghalaya Power Transmission Corporation Limited (MePTCL) against the order issued by the Meghalaya State Electricity Regulatory Commission (MSERC) on March 30, 2017. The appeal challenged the review of the true-up of the annual revenue requirement (ARR) for FY 2013-14 and FY 2014-15, along with the revised transmission tariff for power transmission in Meghalaya. It also contested the tariff order issued by MSERC on March 30, 2016.

APTEL ruled that the order dated March 30, 2017, which dismissed MePTCL’s review petition, could not be challenged under the appeal due to the restrictions outlined in Order XLVII Rule 7(1) of the Code of Civil Procedure (CPC). As a result, APTEL rejected the appeal concerning this specific order.

However, APTEL set aside MSERC’s findings in its March 30, 2016 order, which was also challenged in the appeal. The tribunal remanded the issue back to MSERC for fresh consideration, directing it to factor in equity additions to MePTCL’s equity base. These additions stemmed from the transfer of assets from the erstwhile Meghalaya State Electricity Board under a transfer scheme formulated by the government of Meghalaya.

Petition No: APPEAL No. 361 OF 2017 | Read the full order here.

CERC rejects ReNew Surya Vihaan’s petition seeking removal of difficulty

The Central Electricity Regulatory Commission (CERC) has rejected the petition filed by ReNew Surya Vihaan Private Limited, which sought the commission’s intervention to “remove difficulty” arising from the implementation of Regulation 42 of the CERC (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022 (GNA Regulations, 2022) and its amendments.

The commission examined the arguments presented by the petitioner and found no grounds to invoke its powers under Regulation 42 of the GNA Regulations. Additionally, CERC did not accept the petitioner’s request to direct the Central Transmission Utility of India Limited to return the construction bank guarantee at Rs 0.5 million per MW and allow the submission of connectivity bank guarantees (conn-BG) at revised amounts of Rs 5 million and Rs 0.2 million per MW under conn-BG 1 and conn-BG 3, respectively.

As a result, CERC dismissed the petition and denied all reliefs sought by ReNew Surya Vihaan Private Limited.

Petition No: 35/MP/2024 | Read the full order here.

CERC trues up Powergrid assets in the southern region

The Central Electricity Regulatory Commission (CERC) has approved the petition filed by Power Grid Corporation of India Limited (Powergrid) for truing up of transmission tariff for the 2019-24 period and determining transmission tariff for the 2024-29 period for the “Combined Assets” under “System Strengthening-III” in the southern region.

The trued-up annual fixed charges (AFC) approved for the 2019-24 tariff period are: Rs 352.76 million for 2019-20, Rs 238.52 million for 2020-21, Rs 238.82 million for 2021-22, Rs 243.22 million for 2022-23, and Rs 246.49 million for 2023-24.

For the 2024-29 tariff period, the AFC approved is Rs 234.17 million for 2024-25, Rs 234.21 million for 2025-26, Rs 235.49 million for 2026-27, Rs 238.17 million for 2027-28, and Rs 241.12 million for 2028-29.

Petition No: 137/TT/2025 | Read the full order here.

CERC trues up fees and charges for SLDC

The Central Electricity Regulatory Commission (CERC) has approved the petition filed by Power Grid Corporation of India Limited (Powergrid) for truing up of fees and charges for the 2019-24 period for the sub-load dispatch centre (SLDC) at Modipuram under Uttar Pradesh Power Corporation Limited in the northern region.

The trued-up fees and charges approved for the SLDC asset are Rs 4.57 million for 2019-20, Rs 4.57 million for 2020-21, and Rs 1.9 million for 2021-22 (pro-rata up to August 31, 2021). No fees or charges have been approved for 2022-23 and 2023-24.

Petition No: 135/TT/2025 | Read the full order here.

CERC trues up Powergrid assets in the northern region

The Central Electricity Regulatory Commission (CERC) has approved the petition filed by Power Grid Corporation of India Limited (Powergrid) for the truing-up of transmission tariff for the 2019-24 period and the determination of transmission tariff for the 2024-29 period. The petition pertains to the combined asset consisting of Asset-I: Koldam Nalagarh 400 kV D/C (Quad) line along with bays at Nalagarh Sub-station and Asset-II: 400 kV line bays at Ludhiana Sub-station, under the transmission system associated with the Koldam Hydro-electric Project in the northern region.

For the 2019-24 tariff period, the trued-up annual fixed charges (AFC) approved for the combined asset ranged from Rs 262.36 million in 2019-20 to Rs 149.89 million in 2023-24. For the 2024-29 tariff period, the AFC approved ranges from Rs 144.4 million in 2024-25 to Rs 148.16 million in 2028-29.

Petition No: 155/TT/2025 | Read the full order here.

CERC approves Powergrid’s petition for truing up assets in the northern region

The Central Electricity Regulatory Commission (CERC) has approved the petition filed by Power Grid Corporation of India Limited (Powergrid) for the truing-up of transmission tariff for the 2019-24 period and the determination of transmission tariff for the 2024-29 period. The petition pertains to the combined asset associated with the system strengthening scheme in Uttaranchal in the northern region.

For the 2019-24 tariff period, the trued-up annual fixed charges (AFC) approved for the combined asset ranged from Rs 219.17 million in 2019-20 to Rs 173.94 million in 2023-24. For the 2024-29 tariff period, the AFC approved ranges from Rs 162.82 million in 2024-25 to Rs 164.10 million in 2028-29.

Petition No:  183/TT/2025 | Read the full order here.

CERC approves Powergrid’s true-up petition

The Central Electricity Regulatory Commission (CERC) has approved the petition filed by Power Grid Corporation of India Limited (Powergrid) for truing up of transmission tariff for the 2019-24 period and determination of transmission tariff for the 2024-29 period. The petition pertains to the combined asset under the Northern Region System Strengthening Scheme-XII, covering multiple assets, including transmission lines, bays, ICTs, and a bus reactor in the northern region.

For the 2019-24 tariff period, the trued-up annual fixed charges (AFC) approved for the combined asset ranged from Rs 327.17 million in 2019-20 to Rs 241.25 million in 2023-24. For the 2024-29 tariff period, the AFC approved ranges from Rs 218.67 million in 2024-25 to Rs 226.50 million in 2028-29.

Petition No: 495/TT/2024 | Read the full order here.

CERC dismisses CTUIL’s petition seeking directions to recover outstanding transmission charges

The Central Electricity Regulatory Commission (CERC) has dismissed the petition filed by Central Transmission Utility of India Limited (CTUIL) seeking directions to recover outstanding transmission charges from the respondents for using the long-term access granted to them.

The commission noted that it had previously directed CTUIL to take necessary steps to recover the charges from Himachal Sorang Power Private Limited (HSPPL) through an order dated January 24, 2020. However, HSPPL challenged this before the Appellate Tribunal for Electricity (APTEL), which set aside the order on February 17, 2023, and remanded the matter to the commission for fresh consideration. CTUIL then challenged APTEL’s decision before the Supreme Court, but the appeal was dismissed on August 27, 2024, making the APTEL order final.

Following this, CTUIL reimbursed the transmission charges paid by HSPPL for the intervening period in November 2015 as per APTEL’s order. Since the issue has been settled by APTEL in appeal No. 169 of 2018, CERC has disposed of the petition as infructuous.

Petition No: 394/MP/2019 | Read the full order here.

West Bengal Electricity Regulatory Commission approves WBSETCL tariff for 2023-26

The West Bengal Electricity Regulatory Commission (WBERC) has approved the petition filed by West Bengal State Electricity Transmission Company Limited (WBSETCL) for tariff determination under the fifth control period for 2023-24, 2024-25, and 2025-26. This approval is in accordance with the WBERC (Terms and Conditions of Tariff) Regulations, 2011, as amended.

The commission has determined the Aggregate Revenue Requirement (ARR) of WBSETCL separately for each of these three years and the revenue recoverable through tariff for 2023-24 and 2024-25. The determination has been made in Case No. TP-99/22-23, based on the analysis and findings recorded in the order.

For the year 2025-26, the commission has approved an ARR of Rs 19,156.69 million. The breakdown of the approved ARR is as follows:

For the year 2025-26, the commission has approved an ARR of Rs 19,156.69 million. The breakdown of the approved ARR is as follows:

Petition No: CASE NO: TP- 99 /22-23 | Read the full order here.

WBERC approves WBSETCL’s petition for review of APR order in Case No. APR-1 05/21-22

The West Bengal Electricity Regulatory Commission (WBERC) has approved the petition filed by West Bengal State Electricity Transmission Company Limited (WBSETCL) for a review of the annual performance review (APR) order in Case No. APR-1 05/21-22, dated January 3, 2024, for the financial year 2021-22.

The commission observed that under Regulation 2.6.10 of the Tariff Regulations, no additional cost can be allowed in APR for controllable factors beyond what was approved in the tariff order, except in specific cases permitted by regulations or explicitly mentioned in the tariff order.

Additionally, the commission noted that the actual interest paid for working capital in 2021-22 was lower than the normative working capital interest allowed in the APR order. Since the APR process considers the lower of the actual or normative working capital interest, this review will not impact the admissible interest on working capital.

As a result, the commission has determined that the revised APR adjustment for 2021-22 will be (-) Rs 1,819.21 million, replacing the previously admitted (-) Rs 160.01 million.

Under the Tariff Regulations, the refundable amount of Rs 1,819.21 million, or a portion of it, may be adjusted against the aggregate revenue requirement for a subsequent period, an ensuing year, or through a separate order.

Petition No: APR(R)-32/23-24 | Read the full order here.

HERC approves HVPNL’s petition for true-up and transmission charges for FY 2025-26

The Haryana Electricity Regulatory Commission (HERC) has approved the petition filed by Haryana Vidyut Prasaran Nigam Limited (HVPNL) for the true-up of FY 2023-24, the business plan for FY 2025-29, the capital expenditure (capex) plan for FY 2025-29, the annual performance review for FY 2024-25, and the aggregate revenue requirement (ARR) and multi-year tariff petition for FY 2025-26 to FY 2029-30.

The commission has also approved the transmission charges payable by short-term open access (STOA) consumers for FY 2025-26, based on the approved transmission charges. The details are as follows:

Petition No: HERC/PETITION NO. 65 OF 2024 | Read the full order here.

KSERC issues interim order on AIDA’s petition for substation installation and feeder upgrades

The Kerala State Electricity Regulatory Commission (KSERC) has passed an interim order on the petition filed by Anathapuram Industrial Development Association (AIDA), which sought the immediate installation of a substation at Seethangoli and the expedited completion of the stalled Mylatty-Vidyanagar 110 kV feeder drawal.

The commission has directed Kerala State Electricity Board (KSEB) to take the following actions:

KSEB shall submit a Program Evaluation and Review Technique (PERT)/Critical Path Method (CPM) chart within one month for:

  • The upgradation work on the Mylatty-Vidyanagar feeder.

  • The 400 kV line construction from Karindalam to Payyampally (North Green Corridor Project).

  • The downstream network works of the 400 kV substation at Karindalam.

KSEB is required to collect and submit the PERT/CPM chart for the Udupi-Karindalam 400 kV line from Udupi-Karindalam Transmission Limited within one month.

The commission has also ordered KSEB to resolve reactive power issues at solar parks in Paivalike and Ambalathara and submit an action taken report within a month.

KSEB shall submit monthly reports to the commission on the physical and financial progress of all these projects. Additionally, a separate report on the necessity and actions taken for constructing an additional feeder to the 33 kV substation at Ananthapuram shall be submitted within a month to ensure redundancy of supply.

The commission has assigned specific officers to oversee progress, coordination, and reporting of these projects. Failure to comply with these responsibilities will result in penal actions under the Electricity Act, 2003.

Any impediments in transmission and distribution works shall be addressed with corrective measures, and any delays or challenges shall be reported to the commission along with actions taken for timely completion.

Petition No: OP No 27/2024 | Read the full order here.

UPERC approves UPPTCL’s petition for transmission scheme implementation

The Uttar Pradesh Electricity Regulatory Commission (UPERC) has approved the petition filed by Uttar Pradesh Power Transmission Corporation Limited (UPPTCL) for the implementation of a transmission scheme considered in the Transmission Work Committee (TWC) of the first quarter of FY 2024-25. The scheme, estimated at Rs 214 million, will be executed under the regulated tariff mechanism (RTM) mode.

The commission noted that UPPTCL has secured necessary approvals from the TWC, board of directors, and the appraisal and evaluation committee. The proposed scheme aims to strengthen the primary transmission system in Lucknow district. For calculating the internal rate of return (IRR), the commission has considered a load factor of 20 percent for the first ten years and 35 percent from the eleventh year onward. The IRR for the scheme is 12.79 percent, exceeding the last approved loan interest rate of 9 percent as per the tariff order dated October 10, 2024, for FY 2023-24.

The approval under RTM mode is subject to the following conditions:

  • The scheme must be completed within the stipulated timeframe, with no cost or time overruns allowed.

  • All equipment and materials must be procured through a transparent competitive bidding process.

  • Execution must comply with applicable laws, regulations, and standards set by UPERC, the Central Electricity Authority, or other competent authorities.

  • The licensee must submit a six-monthly progress report detailing financial and physical progress.

  • Upon completion, the licensee must submit a final report with actual implementation costs, subject to verification and a prudence check at the time of final approval or capitalization.

Additionally, the state transmission utility (STU) must submit a status report within one month on all previously approved schemes, including details such as estimated costs, financial and physical progress, actual costs incurred, and commercial operation dates. The STU is also required to update and submit a five-year transmission plan for Uttar Pradesh in accordance with the UPERC (Modalities of Tariff Determination) Regulations, 2023.

Petition No: 2169/2024 | 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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