Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
OPG Power Generation Pvt. Ltd. – Appellant
Versus
Tamil Nadu Power Distribution – Respondent
ORDER :
1. All these Writ Petitions seek identical reliefs and are therefore taken up and disposed of by this common order.
2. The Writ Petitioners are power-generating companies. The subject matter of the dispute relates to the tariff for "startup power” that these companies use intermittently to start their generators. The prayer in these Writ Petitions challenges the instructions issued by the Chief Financial Controller/Revenue (FAC), Tamil Nadu Power Distribution Corporation Limited - the second respondent herein, dated 12.12.2024. These instructions direct all the Superintending Engineers of the organisation to bill all generators utilising startup power under High Tension Tariff-I (a two-part tariff system), as specified in the suo motu Tariff Order No. 6 dated 15.07.2024 (effective from 01.07.2024). The petitioners also challenge the consequential demand notices issued to the individual generating companies. The consequential prayer is to direct the second respondent - Tamil Nadu Power Distribution Corporation Limited (TNPDCL) to refrain from pursuing any recovery actions contrary to the tariff orders issued by the Tamil Nadu Electricity Regulation Commission (TNERC) and pendi
Regulatory bodies must adhere to established tariff orders and ensure procedural fairness in tariff determinations, allowing affected parties the opportunity to be heard.
The court emphasized the importance of adherence to best practices in line with the Electricity Act, 2003 and directed the TNERC to pass final orders within a strict timeline, ensuring stakeholder in....
The regulatory authority may revise tariffs after public hearings, and the prior benefits of deemed demand charges were legally replaced by subsequent tariff orders, negating claims of improper cance....
Point of law: since Merit Order Despatch does not apply to renewable energy, which runs on Must Run Basis, the learned single Judge has not committed any illegality in directing that the respondents ....
Power purchase agreements must be aligned with regulatory frameworks and cannot be enforced if unapproved, particularly regarding classifications impacting fixed charges.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
