IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

Appeal No. 450 of 2019 &

IA No. 2146 of 2019 and IA No. 14 of 2020 Dated: 31.10.2022 Present: Hon’ble Mr. Justice R.K. Gauba, Officiating Chairperson Hon’ble Mr. Sandesh Kumar Sharma, Technical Member In the matter of:

Kanchanjunga Power Company Pvt. Ltd Through its Authorized Representative B-37, 3^rd Floor, Sector-1, Noida, Gautam Budh Nagar, (UP)- 291301 ...APPELLANT VERSUS

1. Central Electricity Regulatory Commission Through its Secretary, 3^rd and 4^th Floor, Chanderlok Building, 36, Janpath, New Delhi- 110001

2. A. D. Hydro Power Limited Through its Managing Director, Bhilwara Towers, A-12, Sector 1, Noida-201301, Uttar Pradesh

3. Everest Power Private Ltd., Through its Managing Director, 1st House, Bhumian Estate, Navbahar Bhimian Road, Chhota Shimla, Shimla-170002, Himachal Pradesh

4. Central Electricity Authority Through its Secretary, Sewa Bhavan, Sector -1, R. K. Puram, New Delhi-110066

5. Ministry of Power, Government of India Through its Secretary, Shram Shakti Bhavan, Rafi Marg, New Delhi-110001

6. Power Grid Corporation of India Ltd, Through its Managing Director, Sector 29, Gurgaon, Haryana-122001

7. Northern Regional Load Despatch Centre Through its Authorized Representative Katwaria Sarai, New Delhi-110016

8. Ministry of Power, Government of Himachal Pradesh Through its Secretary, Shimla-171002, Himachal Pradesh

9. Himachal Pradesh State Electricity Board Through its Director , Khalini, Shimla-171002, Himachal Pradesh

10. Himachal Pradesh Power Transmission Corporation Ltd Through its Managing Director, Khalini, Shimla-171002, Himachal Pradesh

11. Department of Forests, Government of Himachal Pradesh Through its Secretary Shimla-171002, Himachal Pradesh …RESPONDENTS Counsel for the Appellant(s) : Mr. Sajan Poovayya, Sr. Adv.

Mr. Buddy A. Ranganadhan Mr. Hemant Singh Mr. Biju Mattam Mr. Mridul Chakravarty Mr. Lakshyajit Singh Bagdwal Mr. Harshit Singh Ms. AlchiThapiyal Ms. Raksha Agarwal Ms. Sindhuja Rastogi Ms. Ankita Bafna Mr. Lavanya Panwar Mr. Pratibhanu Singh Kharola Mr. Tushar Srivastava Ms. Shruti Awasthi Ms. Soumya Singh Mr. Karan Govel Mr. Anirban Mondal Mr. Sharan Balakrishna Mr. Anurag Sharma Mr. Ali Moid Counsel for the Respondent(s) : Mr. Basava Prabhu Patil, Sr. Adv.

Dr. Seema Jain Mr. Vimlesh Kumar Mr. Geet Ahuja Mr. Dushyant Mahant for R-2 Mr. Gajendra Singh Mr. Prashant Garg Ms. Anisha Chopra for R-7

J U D G M E N T

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

1. The Appellant, M/s. Kanchenjunga Power Company Private Limited, has filed the instant Appeal, being aggrieved by the order dated 17.10.2019 (in brief ―Impugned Order‖) passed by the Central Electricity Regulatory Commission in Petition No. 209/MP/2017, wherein the Central Commission has determined the transmission tariff for the 220 kV Transmission Line built by M/s AD Hydro Power Limited, the Respondent No. 2 in contravention to the CERC (Sharing of Inter-State Transmission Charges and Losses) Regulations, 2010 (hereinafter referred to as the ―CERC Sharing Regulations‖), the Electricity Act, 2003 (hereinafter referred to as ―the Act‖), as well as the observations of this Tribunal, and the Hon‘ble Supreme Court, also stating that the recovery of transmission charges towards usage of the transmission line, despite being part of an Inter-State Transmission System, should be done as per the Point of Connection (PoC) mechanism.

PARTIES

2. The Appellant, Kanchanjunga Power Company Private Limited (in short ―Appellant‖ or ―KPCPL‖), is a company incorporated under the provisions of the Companies Act, 1956, and has set up a 24 MW Small Hydro Electric Project near Village Hallan-II, district Kullu, Himachal Pradesh and is the transmission user of the transmission line in question.

3. The Respondent No. 1, Central Electricity Regulatory Commission (hereinafter ―CERC‖ or ―Central Commission‖), is a statutory body constituted under Section 76 of the Electricity Act, 2003 and has been vested w