IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

IA No. 577 of 2023 in Appeal No. 332 of 2023 Dated: 6^th July, 2023 Present: Hon’ble Mr. Justice Ramesh Ranganathan, Chairperson Hon’ble Mr. Sandesh Kumar Sharma, Technical Member IN THE MATTER OF:

Neyveli Uttar Pradesh Power Limited Through its Chief Executive Officer KH 419, (Behind Sai Mandir, Geetapuri Road)

G.N. Exentsion, Gomti Nagar, Lucknow Uttar Pradesh- 226010. …Appellant(s)

Versus

1. Uttar Pradesh Electricity Regulatory Commission, Through its Secretary, Vidyut Niyamak Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow, Uttar Pradesh- 226010.

2. Ghatampur Transmission Limited Through its Secretary, C-105, Anand Niketan, Southwest Delhi, Delhi-110021.

3. Uttar Pradesh Power Corporation Limited Through its Managing Director, 7^th Floor, Shakti Bhawan, 14^th Ashok Marg, Lucknow, Uttar Pradesh-226001.

4. Paschimanchal Vidyut Vitran Nigam Limited, Through its Managing Director, Hydel Colony, Victoria Park, Meerut, Uttar Pradesh-250001.

5. Madhyanchal Vidyut Vitran Nigam Limited, Through its Managing Director, 4-A Gokhale Marg, Lucknow, Uttar Pradesh-226001.

6. Purvanchal Vidyut Vitran Nigam Limited, Through its Managing Director, Vidyut Nagar, Bhikharipur, Post office-DLW, Varanasi, Uttar Pradesh-221010.

7. Dakshinanchal Vidyut Vitan Nigam Limited, Through its Managing Director, Urja Bhawan, NH-2 (Agra-Delhi Bypass Road), Sikandra, Agra, Uttar Pradesh-282002.

8. Uttar Pradesh Power Transmission Corporation Limited Through its Managing Director, 7^th Floor, Shakti Bhawan, 14 Ashok Marg, Lucknow, Uttar Pradesh-226001. …..Respondents Counsel for the Appellant(s) : Mr. Anand K. Ganesan Ms. Swapna Seshadri Ms. Ritu Apurva Mr. Amal Nair Ms. Archita Kashyap Counsel for the Respondent(s) : Mr. Sourav Roy Mr. Kaushal Sharma Mr. Prabudh Singh Mr. Vishal Malik for R-2 Mr. Sitesh Mukherkee Mr. Abhishek Kumar Mr. Shubham Mudgil Mr. Nived Virapaneni for R-3 to 7

ORDER

PER HON’BLE MR. SANDESH KUMAR SHARMA, TECHNICAL MEMBER

1. The Interlocutory Application (in short “IA”) No. 577 of 2023 is filed by Neyveli Uttar Pradesh Power Limited (in short “Appellant” or “NUPPL”) in Appeal No. 332 of 2023 seeking interim relief against the Order dated 14.02.2023 (hereinafter referred as “Impugned Order”) passed by the Uttar Pradesh Electricity Regulatory Commission (in short “UPERC” or “State Commission”) in Petition No. 1850 of 2022 filed by Ghatampur Transmission Limited (in short “GTL”), being the 2^nd Respondent, seeking declaration of Deemed Commissioning and payment of Transmission Charges by the Long- Term Transmission Customers (in short “LTTCs”) i.e. the Appellant and the four Distribution Licensees in the State of Uttar Pradesh (in short “UP”).

2. The Appellant is aggrieved by the decision of the State Commission in imposing of 100% transmission charges of element 2 & 3 of transmission system implemented by GTL and thus seeking stay of the said Impugned Order to the extent of imposition of transmission charges and consequential action taken by GTL.

3. The factual matrix of the case is noted in brief, the Appellant is a joint venture Company of NLC India Limited (in short “NLCIL”) and Uttar Pradesh Rajya Vidyut Utpadan Nigam Limited (in short "UPRUVNL”) established to set up 3×660 MW coal based Super Critical Thermal Power Plant at Ghatampur in Kanpur District in UP.

4. On 31.12.2010, NUPPL entered into a Power Purchase Agreement (“PPA”) with the 3^rd Respondent i.e. Uttar Pradesh Power Corporation Limited (in short “UPPCL”), for sale of power from the power plant, UPPCL, a Govt. Company under the control of UP Govt. and vested with the function of distribution and supply of electricity for and on behalf of the Distribution companies in the State of Uttar Pradesh.

5. As per the PPA, 75% of the power capacity from the power plant is allocated to the State of Uttar Pradesh and balance 25% of the power has been allocated to State of Assam by the Ministry of Power in the absence of a firm PPA.

6. For the purp