IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

Dated: 11.12.2024 Present: Hon’ble Mr. Justice Ramesh Ranganathan, Chairperson Hon’ble Smt. Seema Gupta, Technical Member (Electricity)

In the matter of:

TAMIL NADU TRANSMISSION CORPORATION LTD. Represented by its Chief Financial Controller/Revenue NPKRR Maaligai, 800, Anna Salai, Chennai- 600002 … Appellant(s)

VERSUS

1. CENTRAL ELECTRICITY REGULATORY COMMISSION Represented by its Secretary, 3 & 4^th Floor, Chanderlok Building Janpath, New Delhi - 110001 ... Respondent No.1

2. POWER GRID CORPORATION OF INDIA, Represented by its Chief General Manager SAUDAMINI, Plot No.2, Sector-29, Gurgaon – 122001 (Haryana) ... Respondent No.2 3. BARATIYA NABHIKIYA VIDYUT NIGAM LIMITED (BHAVINI), Represented by its Managing Director, Bhavini Station Building, Kalpakkam – 603102 ... Respondent No.3 Counsel on record for the Appellant(s) : S. Vallinayagam for App. 1 Counsel on record for the Respondent(s) : for Res. 1 Poorva Saigal Shubham Arya Pallavi Saigal Ravi Nair Reeha Singh Anumeha Smiti for Res. 2 S. Senthilnathan T. Harishkumar for Res. 3

JUDGMENT

(PER HON’BLE MRS. SEEMA GUPTA, TECHNICAL MEMBER)

1. The Appellant-Tamil Nadu Transmission Corporation Limited has preferred present appeal against the Order passed by the 1^st Respondent- Central Electricity Regulatory Commission dated 05.12.2022 in Petition No. 19/TT/2022, whereby the Appellant was directed to pay 50% of the transmission charges to the 2^nd Respondent for the period 01.04.2014 to 28.02.2019, on the ground that the Appellant failed to commission its sub- station, for providing two bays, to connect the evacuation lines commissioned by the 2^nd Respondent, for evacuating power from the 3^rd Respondent generator.

2. The facts involved in the appeal, in brief, are as under:

The Appellant is the State Transmission Utility i.e. Tamil Nadu Transmission Corporation Limited. The 1^st Respondent is the Central Electricity Regulatory Commission (in short referred as “CERC/ Central Commission”). The 2^nd respondent is the Power Grid Corporation of India Ltd., (in short referred as “POWERGRID”) the inter-State transmission service provider. The 3^rd Respondents is the generator-Bharatiya Nabhikiya Vidyut Nigam Limited (in short referred as “BHAVINI”), connected to the evacuation line built by the

2^nd Respondent.

3. The present appeal relates to true-up of tariff relating to 230 kV D/C Kalpakkam PFBR-Kanchipuram transmission line and 2 Nos. 230 kV Bays at Kanchipuram Sub-Station of Appellant under the transmission system associated with Kalpakkam PFBR (500 MW) Project.

4. Following transmission elements, was agreed in the 20^th Standing Committee Meeting on Power system Planning in Southern Region (SR) held on 07.10.2004 for evacuation of power from the proposed 500MW PFBR Reactor proposed to be installed by 3^rd Respondent - BHAVINI at Kalpakkam i.e KPFBR .

(I) Transmission Lines: -

i) KPFBR – Sirucheri 230kV D/C line [Asset I]

ii) KPFBR – Arni 230 kV D/C line [Asset II]

iii) KPFBR – Kancheepuram 230kV D/C line [Asset III] iv) KPFBR – MAPS 230kV S/C (With one spare phase)

5. The 2^nd Respondent filed Petition No.105/TT/2012 for determination of tariff for the above system for the period 2009-2014 under the CERC Tariff Regulations, 2009. 1^st Respondent-CERC directed the 2^nd Respondent to submit the usage of the lines and whether they have been included in the PoC charges and provisions under which DOCO for the transmission lines has been declared. The 2^nd respondent vide affidavit dated 13.11.2014 submitted that Asset-I and Asset-II have been included in PoC charges since

01.04.2012 and Asset-III has been included in PoC charges since

01.09.2012.

6. The 1^st Respondent-CERC vide its order dated 29.04.2015 in 105/TT/2012 determined the tariff for two of the three D/C evacuation lines from the BHAVINI generator to the sub-stations of the 2nd Respondent herein, at Arani and Sirucheri ( Asset I and Asset II). In respect of the third line from the BHAVINI gene