IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

APPEAL No. 168 of 2020 & IA No. 1818 of 2024 Dated: 8^th May, 2025 Present: Hon’ble Mr. Sandesh Kumar Sharma, Technical Member Hon’ble Mr. Virender Bhat, Judicial Member IN THE MATTER OF PTC India Ltd.

2^nd Floor, NBCC Tower, 15, Bhikaji Cama Place, New Delhi – 110066.

….Appellant(s)

Vs.

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

2. Adhunik Power and Natural Resources Ltd.

Through its Managing Director, 9B, 9^th Floor, Hansalaya Bluilding, 15, Barakhamba Road, Connaught Place, New Delhi – 110001.

3. Tamil Nadu Generation and Distribution Corporation Ltd.

Through its Chairman & Managing Director, NPKR Maligai, 6^th Floor, Eastern Wing, Anna Salai, Chennai – 600002, Tamil Nadu.

….Respondent(s)

Counsel for the Appellant(s) : Mr. Ravi Kishore Mr. Niraj Singh Ms. Prerna Singh Ms. Rajshree Chaudhary Counsel for the Respondent(s) : Mr. Deepak Khurana Mr. Vineet Tayal Mr. Abhishek Bansal Mr. Tejasv Anand for R-2 Ms. Anusha Nagarajan for R-3

JUDGEMENT

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

1. This Appeal has been filed by M/s. PTC India Limited challenging the Order dated 15.08.2020 (“Impugned Order”) passed by the Central Electricity Regulatory Commission (“Commission” or “CERC”) in Petition No. 158/MP/2019 holding that PTC is liable to pay the amount deducted/withheld by TANGEDCO toward capacity charges and penalty along with late payment surcharge to Respondent No. 2 and PTC is entitled for similar amount from TANGEDCO.

Description of Parties

2. The Appellant, PTC India Ltd. is a company engaged in trading electricity having its registered office on the 2nd Floor, NBCC Tower, 15, Bhikaji Cama Place, New Delhi – 110066.

3. Respondent No.1, Central Electricity Regulatory Commission (“CERC”) is a statutory authority constituted under the Electricity Regulatory Commissions Act, 1998 inter-alia vested with the function of adjudicating the issue in hand.

4. Respondent No.2, Adhunik Power and Natural Resources Ltd (“APNRL”) is a generating company that owns, operates, and maintains the 540 MW (2X270 MW) Thermal Power Project located in the State of Jharkhand.

5. Respondent No.3, Tamil Nadu Generation and Distribution and Corporation Ltd (“TANGEDCO”) is a Company wholly owned by the Tamil Nadu Government and is engaged in the business of generation and distribution in the State of Tamil Nadu.

Factual Matrix of the Case

6. The Appellant has filed the present Appeal under section 111 of the Electricity Act, 2003, challenging the order dated 15.08.2020 passed by the CERC and seeking direction to set aside/quash the Impugned Order dated 15.08.2020 passed by the Commission against the Appellant, PTC India Ltd in Petition No.

158/MP/2019.

7. The facts of the case as submitted by the Appellant are noted hereafter.

8. Respondent No. 3, TANGEDCO, conducted a competitive bidding process under Case-I bidding for long-term power supply. The Appellant, PTC India Ltd., participated in the bid with support from Respondent No. 2, Adhunik Power and Natural Resources Ltd.

9. As per the Standard Bidding Document, PTC, a licenced electricity trader under the Electricity Act, 2003, could only participate on behalf of a generator with exclusive authorization. Accordingly, PTC submitted the necessary details of the APNRL and an Exclusive Power Purchase Agreement (PPA) dated 04.03.2013.

10. Upon being declared the successful bidder, PTC executed a Procurer-PPA with TANGEDCO on 18.12.2013 for the supply of 100 MW from the APNRL project. Subsequently, on 19.12.2013, PTC entered into a back-to-back PTC-PPA with APNRL, which explicitly incorporated the terms of the Procurer-PPA and annexed it.

11. The Procurer-PPA designated APNRL’s project as the power source and recognized PTC’s role solely as a trader. Power supply from APNRL’s project to TANGEDCO commenced on 01.01.2016.

12. Later, APNRL participated in the Ministry