IN THE APPELLATE TRIBUNAL FOR ELECTRICITY NEW DELHI (APPELLATE JURISDICTION) APPEAL NO. 57 OF 2022 &

APPEAL NO. 49 OF 2022 Dated: 05.05.2022 Present: Hon’ble Mr. Justice R.K. Gauba, Officiating Chairperson Hon’ble Mr. Sandesh Kumar Sharma, Technical Member In the matter of:

APPEAL NO. 57 OF 2022 Jaipur Vidyut Vitran Nigam Limited (JVVNL)

Vidyut Bhwan, Janpath, Jaipur-302005 (Raj.), Through its Managing Director Ajmer Vidyut Vitran Nigam Limited (AVVNL)

Vidyut Bhawan, Panchsheel Nagar, Markarwali Road, Ajmer – 305004 (Raj.)

Through its Managing Director Jodhpur Vidyut Vitran Nigam Limited (JDVVNL)

New Power House, Industrial Area, Jodhpur – 342003 (Raj.)

Through its Managing Director …. Appellant(s)

VERSUS

1. M/s Barmer Lignite Mining Company Limited (BLMCL)

7^th Floor, Man Upasana Plaza, C-44, Sardar Patel Marg, C-Scheme, Jaipur - 302001 (Raj)

2. M/s JSW Energy (Barmer) Limited (Formerly : Rajwest Power Ltd.), 7^th Floor, Man Upasana Plaza, C-44, Sardar Patel Marg, C-Scheme, Jaipur - 302001 (Raj)

3. Rajasthan Electricity Regulatory Commission “Vidyut Vinyamak Bhawan”, Near State Motor Garage, Sahakar Marg, Jaipur-302005 (Raj.) … Respondents Counsel for the Appellant (s) : Mr. P.N. Bhandari Mr. Paramhans Sahani for App1-3 Counsel for the Respondent (s) : Mr. Sanjay Sen, Sr. Adv.

Ms. Mandakini Ghosh Mr. Aman Anand Mr. Aman Dixit for R-1&2 In the matter of:

APPEAL NO. 49 OF 2022 Jaipur Vidyut Vitran Nigam Limited (JVVNL)

Vidyut Bhwan, Janpath, Jaipur-302005 (Raj.), Through its Managing Director Ajmer Vidyut Vitran Nigam Limited (AVVNL)

Vidyut Bhawan, Panchsheel Nagar, Markarwali Road, Ajmer – 305004 (Raj.)

Through its Managing Director Jodhpur Vidyut Vitran Nigam Limited (JDVVNL)

New Power House, Industrial Area, Jodhpur – 342003 (Raj.)

Through its Managing Director …. Appellant(s)

VERSUS

1. M/s Rajwest Power Ltd., 7^th Floor, Man Upasana Plaza, C-44, Sardar Patel Marg, C-Scheme, Jaipur - 302001 (Raj)

2. Rajasthan Electricity Regulatory Commission “Vidyut Vinyamak Bhawan”, Near State Motor Garage, Sahakar Marg, Jaipur-302005 (Raj.) … Respondents Counsel for the Appellant (s) : Mr. P.N. Bhandari Mr. Paramhans Sahani for App1-3 Counsel for the Respondent (s) : Mr. Sanjay Sen, Sr. Adv.

Ms. Mandakini Ghosh Mr. Aman Anand Mr. Aman Dixit for R-1 J U D G M E N T (Oral)

PER HON'BLE MR. JUSTICE R.K. GAUBA, OFFICIATING CHAIRPERSON

1. This matter has been taken up by video conference mode on account of pandemic conditions, it being not advisable to hold physical hearing.

2. These appeals were preferred by the distribution licensees operating in the State of Rajasthan, they being aggrieved by the orders dated 24.06.2019 & 29.01.2020 on IA No.13 of 2018 in Petition No. RERC/966/2016 and Review Petition registered as RERC/1550/2019 in the first captioned matter and Orders dated 13.06.2019 & 27.01.2020 on Petition No. RERC/1286/17 and Review–cum-Clarificatory Petition No.1540/19 in the second captioned matter passed by the Respondent/Rajasthan Electricity Regulatory Commission (the State Commission).

3. The prime grounds are that the State Commission has failed to determine finally the Gross Calorific Value (GCV) of lignite which is used as fuel by the respondent generating companies, such determination of GCV being essential in terms of the extant Regulations for regulating the variable cost paid by the distribution licensee for the supply of electricity generated by the said respondents. It appears the issue of GCV was raised expressly in the review proceedings and the relevant observations of the State Commission are found in Para 10 & 11 of the order dated 29.01.2020 which read thus:

“Para 10 The only issue raised in the petition is to consider actual GCV in order dt. 24.06.2019 instead of GCV allowed for mine plan. It is observed that earlier also Commission in tariff order dated 18.05.2018 has considered the GCV of lignite as per the Mine Plan for determination of tariff for FY

2017-18. The similar approach was adopted by the Commission in determination of tariff for F