In all these Writ Petitions, the common question viz., whether Clause 12 of Regulation 2 of 2006 and Appendix-3 to the said Regulations are applicable to the petitioners, arises for consideration. Hence, all these Writ Petitions are heard together and being disposed of by this common judgment.

2. All the petitioners established non-conventional power generating plants and they hold separate Agreements for Wheeling/Wheeling-cum-Power Purchase, as the case may be. Such agreements were initially entered into with the A.P. State Electricity Board (for short "the APSEB") and with the creation of A.P. Transmission Corporation (for short "the APTRANSCO") under the provisions of the Andhra Pradesh Electricity Reform Act, 1998 (for short "the 1998 Act"), which came into force with effect from 29-7 -1998, these Agreements were got transferred in the name of APTRANSCO, being the successor of the APSEB. Subsequently, with the creation of four distribution companies in the State, these Companies replaced APTRANSCO in respect of the Agreements concerning their respective jurisdictions.

3. The present cases are concerned with "Banking" of the energy. The Clauses in the Agreements relating to "Banking" are almost identical. For convenience, Clause 1.1 (ii) of Article 1 of the Agreement as amended on 30-11-2000 entered into with the petitioner in Writ Petition NO.15313 of 2007 is referred to herein. It defined "Banking" as under:

"1.1 (ii). Banking means keeping in reserve, the delivered energy supplied to the Board, in any Billing Month(s), in excess of the energy required to be wheeled by the Board to the Scheduled Consumers in that month, with the purpose of wheeling such excess energy in any succeeding month(s) to the Scheduled Consumers, subject to the condition specified in Article 3 of this Agreement. Such excess energy is, hereafter called 'Banked energy'."

Appendix to the amended Agreement dated 30-11-2000, which contains the amendments to the definition "Scheduled Consumers" and "Banking Arrangement", is reproduced hereunder:

Article No. Existing Amendment(shall be read in the

place of existing Article)

1.1(xvi) Scheduled Consumers: means one Scheduled Consumers: means the

or more High Tension consumers consumers of the APTRANSCO

of the Board receiving power from listed in Schedule 4 attached to this

the Board as detailed in the list at Agreement, receiving power from

Scheduled.4 attached to this the APTRANSCO at a voltage

agreement, to whom the electrical of 11 Kilo volts (KV) and above;

energy from the Project is desired by to whom wheeled energy is desired

the Company to be wheeled by the by the company to be wheeled

Board, and every such Scheduled by the APTRANSCO, as per the

Consumer shall be substantially prior approval of the APTRANSCO.

owned and controlled by the same

group as the Company. Explanation 1: If such Schedule

Consumer is 100% owned by the

Explanation: Every such consumer company, then the Schedule

shall be industrial unit located in consumer is captive consumer.

the state of Andhra Pradesh receiving

power from the Board at 11 KV or above. Explanation 2: If such Schedule

consumer is not the captive

Banking arrangement shall be valid for consumer, the wheeling is

entire energy year. However such banked considered as third party sales.

energy would be wheeled only between Explanation 3: The APERC

August to March of the succeeding year authorized APTRANSCO for

and any net banked energy not subject to making changes in the list of

wheeling in that year shall lapse. Scheduled Consumers. If the

developer wants any change

in the list of scheduled

consumers, during the term of the Agreement, he shall submit such a list to APTRANSCO and get approval.

APTRANSCO implements such approval taking into system exigencies. However, only two (2) amendments per Tariff year to Schedule 4 of this Agreement shall be permitted in view of the work involved in billing.

Explanation 4: Every