Case Law
Subject : Energy Law - Electricity Regulation
New Delhi, India
– The Central Electricity Regulatory Commission (CERC) has issued a crucial order approving the trued-up transmission tariff for the fiscal years 2019-24 and determining the tariff for 2024-29 for key transmission assets owned by
PGCIL, the country's largest power transmission utility, filed Petition No. 468/TT/2024 under Section 62 and Section 79 of the Electricity Act, 2003, seeking tariff truing-up for the 2019-24 period and tariff determination for the upcoming 2024-29 period. The petition pertains to the "Combined Assets" under the "System Strengthening-II" project in the Southern Region, which includes vital infrastructure like additional bays at Kolar and Hosur, and the 400 kV Hiryur Substation. A wide array of beneficiaries, including state electricity boards and distribution companies from Tamil Nadu, Kerala, Goa, Pondicherry, Andhra Pradesh, Telangana, and Karnataka, were listed as respondents.
The CERC bench, comprising Shri Ramesh Babu V. and Shri Harish Dudani, meticulously reviewed PGCIL's petition, supporting affidavits, and responses from Karnataka State Electricity Board Limited (KSEBL), a key respondent. KSEBL raised concerns regarding
The Commission addressed each aspect, relying on the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019 and 2024.
Depreciation, Interest on Loan, and
Operation & Maintenance Expenses (O&M): O&M expenses were approved as claimed by PGCIL, aligning with the normative levels specified in the 2019 Tariff Regulations for the truing-up period and 2024 Tariff Regulations for the 2024-29 period. These norms are differentiated based on asset type (transmission lines, substations, transformers).
Interest on Working Capital (IWC): IWC was calculated based on the prescribed methodology in tariff regulations, considering components like O&M expenses, maintenance spares, and receivables, and utilizing the applicable SBI MCLR-linked interest rates for each year of both tariff periods.
After detailed analysis, CERC approved the trued-up Annual Fixed Charges (AFC) for 2019-24 and determined the AFC for 2024-29.
Trued-up AFC (₹ in lakh):
| Particulars | 2019-20 | 2020-21 | 2021-22 | 2022-23 | 2023-24 |
|---|---|---|---|---|---|
| AFC Allowed | 819.20 | 824.43 | 830.04 | 840.93 | 859.25 |
Approved AFC for 2024-29 (₹ in lakh):
| Particulars | 2024-25 | 2025-26 | 2026-27 | 2027-28 | 2028-29 |
|---|---|---|---|---|---|
| AFC Allowed | 739.88 | 759.23 | 779.37 | 800.64 | 823.39 |
CERC also granted PGCIL permission to seek reimbursements for petition filing fees and publication expenses from beneficiaries. Further, it allowed separate billing and recovery of license fees and Regional Load Despatch Centre (RLDC) fees & charges. Claims related to Goods and Services Tax (GST) were deemed premature as GST is currently not applicable to transmission services. PGCIL was permitted to file separate petitions for security expenses, insurance expenses, capital spares, and CTUIL fees as per regulatory provisions.
This order by the CERC is crucial for ensuring the financial health of PGCIL’s transmission assets in the Southern Region. The approved tariffs enable PGCIL to recover its costs and earn a regulated return, which is vital for maintaining and upgrading the transmission infrastructure. This, in turn, supports the reliable and efficient flow of electricity to millions of consumers across Southern India, underpinning the region's economic activity and growth. The tariff determination process, grounded in established regulations, highlights CERC's role in balancing the interests of transmission companies and electricity consumers.
#EnergyRegulation #TariffDetermination #PowerTransmission #CentralElectricityRegulatoryCommission
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