IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

APPEAL No.120 OF 2022 Dated: 12.08. 2024 Present: Hon’ble Mr. Sandesh Kumar Sharma, Technical Member Hon’ble Mr. Virender Bhat, Judicial Member In the matter of:

RKM POWERGEN PRIVATE LIMITED Through its Representative Having its Registered Office at:

14, Dr. Giriappa Road, T. Nagar, Chennai – 600017 Email: aravind@rkmpowergen.in … Appellant Versus

1. CHHATTISGARH ELECTRICITY REGULATORY COMMISSION Through its secretary, Irrigation Colony, Shanti Nagar, Raipur (CG.)- 492001 Email: cserc.sec.cg@nic.in

2. CHHATTISGARH STATE POWER DISTRIBUTION COMPANY LIMITED Through its Office in Charge, Energy Information Technology Centre Shed-No.8, Chhattisgarh State Power Company, Danganiya,Raipur (Chhattisgarh) Pin-492013 Email: psvsanjeev1963@gmail.com 3. STATE OF CHHATTISGARH, Through its Chairman, Energy Department, Govt. of Chhattisgarh, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nava Raipur (C.G.)-492001 Email: chairman@cspc.co.in

4. THE CHIEF ELECTRICAL ENGINEER (CEI), Through its Officer in Charge Block-2, H-I, Indrawati Bhawan, Atal Nagar Nava Raipur (C.G.)-492001 Email: ceiraipur@gmail.com

5. CHHATTISGARH STATE RETIRED POWER ENGINEER-OFFICERS ASSOCIATION Through Sunil Ganesh Oak Office: 29, Dungajee Colon, G.E. Road, Anipam Udyn Ke Pichhe, Raipur (C.G.)-492001 Email: ce.project@cspc.co.in … Respondents Counsel for the Appellant(s) : Sajan Poovayya, Sr. Adv.

Hemant Singh Mridul Chakravarty Biju Mattam Lakshyajit Singh Bagdwal Harshit Singh Lavanya Panwar Alchi Thapliyal Apurwa Shah Chetan Kumar Garg Counsel for the Respondent(s) : Basava Prabhu Patil, Sr. Adv.

Abhinav Kardekar for Res.2 Ravin Dubey for Res.5

J U D G M E N T

PER HON’BLE MR. VIRENDER BHAT, JUDICIAL MEMBER

1. This appellant, a coal based thermal power plant having capacity of 1440MW (4x360MW) in Chhattisgarh, is aggrieved by the order dated

11.03.2022 passed by the 1^st respondent Chhattisgarh State Electricity Regulatory Commission (hereinafter refer to as ‘the Commission) whereby its petition under Section 86(1)(f) of the Electricity Act, 2003 seeking direction to 2^nd respondent Chhattisgarh State Power Distribution Company Limited (CSPDCL) (previously known as Chhattisgarh State Power Trading Company Limited – CSPTCL) to comply with the obligations under the PPAs dated 29.09.2006, 04.10.2007 and 26.06.2012 and to procure 30% of the aggregated capacity of the appellants generating unit as well as 5%

of the net power generated by the project, has been dismissed.

2. A birds eye view of the facts and circumstances of the case leading to filing of this appeal is as below:-

(i) The appellant and the erstwhile Chhattisgarh State Electricity Board (CSEB) signed a Memorandum of Understanding (MoU) dated 03.04.2006 for establishing 1440 MW (3x360) coal based thermal power plant at Ucchpinda Village, Janjgir Champa District, Raigarh, Chhattisgarh. As per Article 10 of the MoU, the appellant is required to supply 5% power of the net energy produced in the power project to the Government of Chhattisgarh or its nominated agency on annual basis at variable energy rate determined by the appropriate Commission.

(ii) Vide order dated 13.02.2007, the State Government authorized the CSEB as its nominated agency to procure power from the appellant. Accordingly, the appellant entered into a Power Purchase Agreement (PPA) dated 29.09.2006 with CSEB in accordance with the MoU dated 03.04.2006.

(iii) A tripartite Implementation Agreement (IA) to be signed between the Government of Chhattisgarh, CSEB and the appellant on 22.05.2007.

(iv) The PPA dated 29.09.2006 was approved by the Commission on 22.12.2007 in petition No.30/2007. Meanwhile, a Supplementary PPA dated 04.10.2007 had been executed between the appellant and the CSEB. Subsequently, in terms of the order dated 22.12.2007 of the commission in petition No.30/2007, a second Supplementary PPA was executed between the appellant and CSEB on 02.04.2008.

(v) Another tripartite Implementation Agr