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J. B. PARDIWALA, K. V. VISWANATHAN
Tamil Nadu Generation And Distribution Corporation Ltd. – Appellant
Versus
Penna Electricity Limited – Respondent
| Table of Content |
|---|
| 1. overview of the case and findings by aptel. (Para 1 , 2) |
| 2. appellant's arguments regarding cod and infirm power. (Para 3 , 9) |
| 3. findings of tnerc on ppa alignment with regulations. (Para 4 , 5) |
| 4. aptel's findings on the legal status of ppa. (Para 7 , 8) |
| 5. discussion on legal principles governing the tariff regulations. (Para 11 , 12 , 29) |
| 6. analysis of power categorization as firm/infirm. (Para 30 , 34) |
| 7. conclusion of the court on the appeal. (Para 37 , 38) |
JUDGMENT :
K.V. Viswanathan, J.
1. The present appeal calls in question the correctness of the judgment and order dated 10.07.2013 passed by the Appellate Tribunal for Electricity (for short ‘APTEL’) in Appeal No.112 of 2012.
2. The Tamil Nadu Electricity Regulatory Commission (for short ‘TNERC’) and the APTEL have concurrently found in favour of the respondent. It has been held that the power generated by the respondent by the open cycle gas turbine for the period from 29.10.2005 to 30.06.2006 (hereinafter called as ‘Relevant Period’) and supplied to the appellant could not be termed as “infirm power” and that it could only be treated as “firm power”. The consequence of the said finding was that the Commercial
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