IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction) APL No. 332 OF 2024 &

IA No. 1282 OF 2024 Dated: 15^th October, 2024 Present: Hon’ble Mr. Justice Ramesh Ranganathan, Chairperson Hon’ble Smt. Seema Gupta, Technical Member (Electricity)

In the matter of:

DAMODAR VALLEY CORPORATION (DVC), Through its Manager (Commn.)

DVC Headquarters, DVC Towers, VIP Road Kolkata - 700054. … Appellant(s)

VERSUS

1. JHARKHAND STATE ELECTRICITY REGULATORY COMMISSION Through its Secretary, 1^st Floor, Jharkhand State Housing Board (Old Headquarter)

Harmu Housing Colony, Ranchi, Jharkhand-834002. ... Respondent No.1

2. ASSOCIATION OF DVC HT CONSUMERS OF JHARKHAND Through its Joint Secretary, Kalyani Apartment, 1^st Floor, Gandhi Chowk, Giridih, Jharkhand – 815301. ... Respondent No.2

3. STEEL AUTHORITY OF INDIA LIMITED Through its Chief General Manager (Law) & Principal Law Officer, Ispat Bhawan, Lodhi Road, New Delhi – 110003 ... Respondent No.3 Counsel on record for the Appellant(s) : Shri Venkatesh Shryeshth Ramesh Sharma Ashutosh Kumar Srivastava Bharath Gangadharan Akash Lamba Nihal Bhardwaj Siddharth Nigotia Shivam Kumar Kartikay Trivedi Mohit Gupta Manu Tiwari Aashwyn Singh Harsh Vardhan Suhael Buttan Priya Dhankar Anant Singh Vineet Kumar Nikunj Bhatnagar Kunal Veer Chopra Vedant Choudhary for App. 1 Counsel on record for the Respondent(s) : Aditya Kumar Choudhary for Res. 1 Rajiv Yadav for Res. 2 Rajiv Yadav for Res. 3

ORDER

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

IA No. 1282 OF 2024 (for interim relief)

1. The instant application being IA No. 1282 of 2024 has been preferred by the Appellant- Damodar Valley Corporation (“DVC”) in Appeal No 332 of 2024 challenging the Order dated 23.07.2024 (“Impugned Order”) passed by Jharkhand State Electricity Regulatory commission (“Respondent No 1/State Commission/JERC”) in Case (Tariff) No. 09 of 2020, seeking ex parte ad interim stay of the order in respect of re-determination of Non-Tariff Income for the Appellant-DVC for FY 2006-07 to 2011-12.

2. Though there is a chequered history of the facts, the facts, in brief, that are required for the disposal of this application are stated as under:

The Appellant-Damodar Valley Corporation is a public sector undertaking performing multifarious functions, viz., generation of electricity, sale of electricity to West Bengal State Electricity Distribution Company Limited (“WBSEDCL”) and Jharkhand Bijli Vitran Nigam Limited (“JBVNL”), transmission of electricity in the Damodar Valley area which falls within the territorial limits of the two states namely, West Bengal and Jharkhand, inter-state transmission of electricity, retail sale and supply of electricity to the consumers in the Damodar Valley area. The Respondent No. 1 is the Jharkhand State Electricity Regulatory Commission (“State Commission/JERC”). The Respondent No. 2 is the Damodar Valley Power Consumers’ Association is a collective body representing the members who are HT consumers of DVC. The Respondent No. 3 is the Steel Authority of India (SAIL)-Bokaro, is one of the consumers of the distribution business of DVC in the state of Jharkhand.

3. The State Commission issued Tariff Order dated 30.09.2020 for True up for FY 2018-19, APR for FY 2019-20 and ARR & Tariff for FY 2020-21, wherein the State commission considered the Road Map of DVC and inter alia directed DVC to submit a separate Petition alongwith requisite details such as consumer wise and category wise billing details for FY 2006-07 to FY 2011-12 for determination of Category-wise tariff. Accordingly, Appellant on 03.12.2020 filed a petition before the State Commission vide Petition No. 09 of 2020 for determination of the ARR and category wise tariff schedule for the period from FY 2006-07 to FY 2011-12 for distribution of electricity in the State of Jharkhand. The State Commission on 31.10.2023, passed an Order in the said Petition re-

determining the trued-up Non-Tariff Income (NTI) i.e. considering entire NTI from generation, transm