Central Electricity Regulatory Commission (CERC): Coram of P.K. Pujari (Chairperson) and Dr M.K. Iyer (Member) and I.S. Jha (Member) allowed the petition of the Odisha Power Generation Corporation Limited for drawal of start-up power and injection of infirm power from Unit-4 of the petitioner`s Thermal Power Plant at Jharsuguda to complete the auto loop tuning and unit stabilization on full load for the period up to 23.10.2019 or actual date of commercial operation, whichever is earlier, in terms of clause (7) of Regulation 8 of the Central Electricity Regulatory Commission Regulations, 2009.

The Fourth Proviso to Regulation 8(7) of the Connectivity Regulations provides that the petitioner can seek an extension of the period for the interchange of power on an application to be filed at least two months in advance of the completion of the prescribed period. The petitioner could not approach the Commission within the stipulated time due to the technical failures faced at their Unit which were beyond the control of the petitioner. Therefore, it was constrained to file the present petition after the deadline of 23.5.2019, seeking an extension of time for drawal of infirm power.

The Commission after taking into consideration the difficulties expressed by the petitioner allowed the instant petition, however, clarifying that extension of time granted as above shall not entitle the petitioner for IEDC/IDC for the delay in declaration of COD from the scheduled COD which will be decided in accordance with the relevant provisions of the Tariff Regulations.[Odisha Power Generation Corpn. Ltd. v. Eastern Southern Regional Power Committee, 2019 SCC OnLine CERC 74, decided on 22-07-2019]

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