JUDGEMENT

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

1. This Appeal has been filed by Uttarakhand Power Corporation Ltd. challenging the order dated 24.11.2017 passed by Uttarakhand Electricity Regulatory Commission (in short “UERC” or “Commission”) in Petition No. 40 of 2017 (Suo-Motu) whereby the UERC has determined the tariff concerning the project of the Respondent No. 1 for its entire life.

Description of the Parties

2. The Appellant M/s. Uttarakhand Power Corporation Ltd. (in short “UPCL”) is the distribution licensee in the State of Uttarakhand.

3. Respondent No. 1, Uttar Bharat Hydro Power Pvt. Ltd. (in short “UBHPPL”) is the generating company from which the Appellant draws power for distribution in the State of Uttarakhand.

4. The Respondent No. 2, UERC is the State Commission vested with the powers to adjudicate the issue herein under the Electricity Act, 2003 (in short “Act”).

Factual Matrix of the Case

5. The UERC initially framed the UERC (Tariff and Other Terms for Supply of Electricity from Renewable Energy Sources and Non-Fossil Fuel-Based Co-Generating Stations) Regulations, 2010.

6. Subsequently, under the powers conferred by Sections 61(h), 86(1)(e), and 181(