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2019 Supreme(Kar) 423

S.SUJATHA
Renew Power Limited – Appellant
Versus
Bangalore Electricity Supply Company Ltd. – Respondent


Advocates:
Advocate Appeared:
Aditya Sondhi, Shahbaaz Hussain, S.S. Naganand, S. Sriranga, M.C. Nagashree, Murugesh V. Charati, H.V. Devaraju, B.N. Prakash, Prabhuling K. Navadgi, N. Venkataraman, Suraj Govinda Raj, Nikhilesh Rao, Jyothi, Aravind Kamath, S.S. Nagananda, Arvind Kamath K., Rajeswara P.N., C. Muralidhara, Shahabaaz Hussain, Prashant T. Pandit, Dhyan Chinnappa, Shanmuka G.C., Prashanth T. Pandit, Harikrishna S. Holla, Shivaprasad Shantanagoudar, Devaraju H.V., G.C. Shanmukha, Ravindra Reddy, Reuben Jacob, Shridhar Prabhu, Shodhan Babu A.M.

JUDGMENT :

S. SUJATHA, J.

1. These petitions involving similar and akin issues, have been considered together and are taken up for final disposal at this stage with the consent of the learned counsel appearing for the parties.

2. Facts of the case:

The petitioners have challenged the order dated 14.5.2018 (impugned order) passed by the Karnataka Electricity Regulatory Commission (KERC), Bengaluru under the provisions of the Electricity Act, 2003 [Act for short] and the KERC (Terms and Conditions for Open Access) Regulations, 2004, which deals with open access charges including wheeling and banking charges, transmission losses and cross subsidy surcharge of Renewable Energy [RE] projects commissioned between 01.04.2013 and 31.3.2018. The open access charges for RE projects commissioned between 01.04.2013 and 31.3.2018 were governed by two separate orders of the KERC. The order dated 4.7.2014 dealt with wind based as well as Mini hydel power plants and the order dated 18.8.2014 dealt with solar power plants. The wind/Mini hydel power plants under order dated 4.7.2014 were required to pay 5% wheeling charges of the injected energy. The banking charges were specified at 2% of the injected












































































































































































































































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