IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

APPEAL NO.221 OF 2021 Dated: 09.07.2024 Present: Hon’ble Mr. Justice Ramesh Ranganathan, Chairperson Hon’ble Smt. Seema Gupta, Technical Member (Electricity)

In the matter of:

M/s HNV Castings Private Limited (Formerly Known as Garima Overseas Ltd)

Through its General Manager (Accounts & Finance), B-146, EPIP, NH-8, Neemrana- 301705 … Appellant(s)

VERSUS

1. RAJASTHAN ELECTRICITY REGULATORY COMMISSON Through its Secretary, Vidyut ViniyamakBhawan, Saharkar Marg, Near State Motor Garage, Jaipur – 302001 ...Respondent No.1

2. JAIPUR VIDYUT VITRAN NIGAM LTD., Through its Chief Engineer (CA-HQ), Vidyut Bhawan, Jaipur (JVVNL/Jaipur Discom) - 302005 ...Respondent No.2

3. STATE POWER COMMITTEE, Through Secretary Cum Chief Engineer (NPP & RA), Rajasthan VidyutPrasaran Nigam Ltd., Vidyut Bhawan, Jyoti Nagar, Jaipur (SPC) – 302005 ...Respondent No.3

4. RAJASTHAN VIDYUT PRASARAN NIGAM LTD., Through its The Chief Engineer (LD), Heerapura, Jaipur (SLDC) – 302024 … Respondent No.4 Counsel on record for the : S. Vallinayagam for App. 1 Appellant(s)

Counsel on record for the : for Res. 1 Respondent(s)

Sandeep Pathak Archana Pathak Dave for Res. 2 Preetika Dwivedi for Res. 3 Preetika Dwivedi for Res. 4

JUDGMENT

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

1. The instant appeal is preferred challenging the order dated 15.10.2019 passed by the Rajasthan Electricity Regulatory Commission (“RERC/Respondent No 1/State Commission”) in RERC-1483 of 2019, whereby the Commission has upheld the charges levied by Distribution licensee, being in accordance with the Rajasthan Electricity regulatory Commission (Terms and Conditions for open Access) Regulations, 2016 (in short “RERC OA Regulation, 2016”) on the Appellant.

2. The Appellant- HNV Castings Private Limited (formerlyM/S Garima Overseas Ltd) is an HT consumer of JVVNL with a Contract Demand of 6500 KVA (prior to 23.04.2017 Contract Demand – CD was 4980 KVA)at

33 KV.

3. Respondent No. 2 is Jaipur VidyutVitran Nigam Limited (for short “JVVNL/Jaipur Discom/Distribution Licensee”) is a distribution Licensee, Respondent No. 3 is the State Power Committee (for short “SPC”) and Respondent No. 4, the Rajasthan VidyutPrasaran Nigam Ltd (“SLDC”) is the Nodal Agency for grant of No Objection Certificate/Concurrence/ prior standing clearance approving the open Access capacity under the Regulation 12 (6) of RERC OA Regulation, 2016.

4. The Appellant, besides consumer of Respondent No 2, is also availing power under Open Access through Indian Energy Exchange (IEX) as per the schedule approved by the 4^th Respondent- SLDC. a) Two types of open access are involved in the transaction.

(i) Intra State open access for using the transmission network of the state transmission network under RERC OA Regulations.

(ii) Inter State open access for using the transmission network of the central transmission network under CERC OA Regulations.

5. The Learned counsel for the Appellant submitted that Appellant had applied for NOC with the SLDC on 19.04.2016 for the period 25.04.2016 to 24.05.2016 for purchasing power from IEX, which was granted by SLDC vide approval dated 28.04.2016 for the period 28.04.2016 to 24.05.2016. Similarly, the Appellant applied for NOC with the SLDC on 21.06.2016 & 24.06.2016 for the period 25.06.2016 to 24.07.2016 for purchasing power from IEX, which was granted by SLDC vide approval dated 27.06.2016 for the period 27.06.2016 to 24.07.2016.Therefore, there was no NOC from SLDC for bidding power from IEX for the delivery dates 26.04.2016 and 25.06.2016 for the Appellant. Present adjudication pertains to charges imposed by Respondent No 2 with regard to overdrawal from Grid for 26.04.2016 & 25.06.2016.

6. Learned counsel for the Appellant submitted that an inadvertent mistake was made by the lower staff of the appellant for scheduling power from IEX for above dates and intimated the same to Respondent No.2 – Jaipur DISCOM, SLDC and RDPPC. Howev