IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

APPEAL No. 370 OF 2022 Dated: 29.07.2024 Present: Hon’ble Mr. Sandesh Kumar Sharma, Technical Member Hon’ble Mr. Virender Bhat, Judicial Member In the matter of:

1. Uttar Pradesh Power Corporation Limited Through its Chief Engineer (Planning)

3^rd Floor, Shakti Bhawan Extension, 14-Ashok Marg, Lucknow, Uttar Pradesh - 226 001 Email: cgm2plg@yahoo.co.in

2. Madhyanchal Vidyut Vitran Nigam Limited Through its Managing Director

4-A, Gokhale Marg, Lucknow, Uttar Pradesh – 226 001 Email: md.mvvnl2010@gmail.com

3. Paschimanchal Vidyut Vitran Nigam Limited Through its Managing Director Urja Bhawan, Victoria Park, Meerut, Uttar Pradesh – 250 001 Email: mdpaschimanchalvvnl@gmail.com

4. Purvanchal Vidyut Vitran Nigam Limited Through its Managing Director DLW Bhikaripur, Varanasi, Uttar Pradesh – 221 004 Email: mdpurvanchalvvnl@gmail.com

5. Dakshinanchal Vidyut Vitran Nigam Limited Through its Managing Director Urja Bhawan, NH-2, (Agra-Delhi Bypass Road), Sikandra, Agra, Uttar Pradesh – 282 002 Email: dvvnlmd@gmail.com

6. Kanpur Electricity Supply Company Limited Through its Managing Director Headquarter, Kesa House, 14/71 Civil Lines, Kanpur, Uttar Pradesh – 208 001 Email: md@kesco.co.in / mdkesco@gmail.com … Appellants Versus

1. Prayagraj Power Generation Company Limited Through its Chief Executive Officer Shatabdi Bhawan, B 12 & 13, Sector 4, Gautam Budh Nagar, NOIDA, Uttar Pradesh – 201 301 Email: ppgcl@ppgcl.co.in

2. Uttar Pradesh Electricity Regulatory Commission Through its Secretary Vidyut Niyamak Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow – 226 010 Email: secretary@uperc.org … Respondents Counsel on record for the Appellant(s) : Shankh Sengupta, Sitesh Mukherjee Abhishek Kumar Harneet Kaur Arjun Agarwal Nived Veerapaneni Karan Arora for App.1 to 6 Counsel on record for the Respondent(s) : Shri Venkatesh Suhael Buttan Rishub Kapoor Simran saluja Vineet Kumar Kartikay Trivedi Ashutosh Kumar Srivastava Abhishek Nangia Mehak Verma Nihal Bhardwaj Jayant Bajaj V.M. Kannan Jatin Ghuliani Isnain Muzamil Siddharth Joshi for Res. 1

J U D G M E N T

PER HON’BLE MR. VIRENDER BHAT, JUDICIAL MEMBER

1. The appellants have come in appeal before us against the order dated 18.08.2021 passed by the 2^nd respondent Uttar Pradesh Electricity Regulatory Commission (hereinafter referred to as “the Commission”) whereby it held the notification dated 07.12.2015 read with subsequent notification dated 28.06.2018 issued by the Ministry of Environment, Forest and Climate Change (hereinafter referred to as “MoEF&CC”) as a change in law event for the 1^st respondent Prayagraj Power Generation Company Limited’s 1980 MW thermal power plant at Bara, Allahabad, Uttar Pradesh. These notifications specified emission norms with regard to Sulphur Dioxide (SO2), Nitrogen Oxide (NO2) and Particulate Matter (PM) for Thermal Power Plants (TPPs).

2. The appellant No.1 Uttar Pradesh Power Corporation Limited (hereinafter referred to as “UPPCL”) is a public sector undertaking and a government company in terms of Companies Act, 2013. It is operating as bulk supply licensee and is authorised by appellant Nos.2 to 6 to, inter alia, enter into Power Purchase Agreement (“PPA”) on their behalf. Appellant Nos. 2 to 6 are the power distribution companies operating in the State of Uttar Pradesh.

3. The respondent No.1 Prayagraj Power Generation Company Limited (hereinafter referred to as “PPGCL”) is a generating company, majority shareholding of which is held by Renascent Power Ventures Private Limited (hereinafter referred to as “Renascent”) which, in turn, is a wholly owned subsidiary of Resurgent Power Ventures Pte Limited (hereinafter referred to as “Resurgent”). This company Resurgent is a joint venture between Tata Power International Pte Limited, ICICI Bank and other global investors. PPGCL operates the 1980 MW thermal power plant at Bara, Allahabad, Uttar Pradesh (hereinafter referred to as “Prayagraj TPP”) which comprises of