Central Electricity Regulatory Commission (CERC): The Bench of P.K. Pujari (Chairperson), Dr M.K. Iyer (Member) and I.S. Jha (Member) determined the transmission charges for the two 400 kV lines, namely, Seoni (MP)-Sarni (MP) and Seoni (MP)-Bhilai (Chhattisgarh) Transmission lines for the period from 2011-12 to 2013-14, for inclusion in computation of point of connection transmission charges.

The petitioner filed the instant petition for approval of transmission of both transmission lines carrying inter-State power in accordance with the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 and the Central Electricity Regulatory Commission (Sharing of Inter-State Transmission Charges and Losses) Regulations, 2010. The petitioner has submitted that both transmission lines qualify as inter-state lines as they are used for carrying inter-state power.

The Court observed that as per Section 2(36) of the Electricity Act, the conveyance of electricity from the territory of one State to another State is considered to be part of the inter-State Transmission System. The 2010 Sharing Regulations state that the STU lines used for carrying inter-State power can be considered for inclusion in the PoC charges only if it is certified by RPC. Further, the Western Regional Power Committee (WRPC) in its 31st meeting has certified the 400 kV Seoni (MP) – Bhilai (Chattisgarh) transmission lines as natural ISTS line and 400 kV Seoni (MP) – Sarni (MP) transmission line as deemed ISTS line for the purpose of PoC computation.

In view of the above, the Court held that both the transmission lines are to be considered for inclusion in PoC computations as WRPC has already certified the instant transmission lines as Natural/deemed inter-State transmission lines. The Court also directed that the annual transmission charges allowed for the assets covered in the instant petition shall be considered in the YTC as per the 2010 Sharing Regulations and shall be adjusted against the ARR of the petitioner as approved by the State Commission.[Madhya Pradesh Power Transmission Company Ltd. v. Power Grid Corporation of India Ltd., 2019 SCC OnLine CERC 124, decided on 01-08-2019]

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