ROHINTON FALI NARIMAN, NAVIN SINHA
TRANSMISSION CORPORATION OF ANDHRA PRADESH LTD. – Appellant
Versus
GMR VEMAGIRI POWER GENERATION LTD. – Respondent
JUDGMENT
NAVIN SINHA, J.
The controversy for determination in the present appeal is, whether the word ‘fuel’ as used in clause 1.1.27 of the Power Purchase Agreement (hereinafter referred to as ‘PPA’) means “natural gas only” or includes Regasified Liquefied Natural Gas (hereinafter referred to as ‘RLNG’) also.
2. The Andhra Pradesh Electricity Regulatory Commission (hereinafter referred to as “the Commission”), in O.P. No. 20 of 2013 dated 08.08.2013, preferred by the respondent, held that the term ‘fuel’ as used in the PPA meant natural gas only in its natural form, and did not include RLNG. Simply because the physical composition of natural gas and RLNG are similar, it does not automatically entitle the respondent to generate power with RLNG, which was more expensive and not domestically available, affecting the per unit supply of power generated by it, as ultimately the consumer would have to pay more.
3. In Appeal No. 222 of 2013 preferred by the respondent, the Appellate Tribunal by the impugned order dated 30.06.2014 held that use of the word “only” after “natural gas” in th
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