IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

APPEAL No. 186 OF 2017 Dated: 27.01.2025 Present: Hon’ble Mr. Sandesh Kumar Sharma, Technical Member Hon’ble Mr. Virender Bhat, Judicial Member IN THE MATTER OF:

Chhattisgarh State Power Distribution Co. Ltd.

Danganiya, Raipur, Chhattisgarh – 492014 Appellant(s)

Vs.

1. Chhattisgarh State Electricity Regulatory Commission (CSERC), Irrigation Colony, Shanti Nagar, Raipur, Chhattisgarh – 492001

2. M/s. Shree Cement Limited, Through its Company Secretary, Village – Khapradih, P.O. Grasim, Vihar, Tah. – Simga, District, Balodabazar (C.G.) – 493332 Respondents Counsel for the Appellant(s) : Ms. Rashmi Singh Mr. Apoorv Kurup Ms. Aparna Arun Ms. Nidhi Mittal Ms. Stuti Krishnan Mr. R. K. Singh Counsel for the Respondent(s) : Mr. Sapan Kumar Mishra Mr. Ravi Sharma for R-1 Mr. Kumar Mihir, Mr. Avinash Menon for R-2

JUDGEMENT

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

1. M/s. Chhattisgarh State Power Distribution Co. Ltd. has filed the instant Appeal challenging the order dated 01.04.2017 passed by the Chhattisgarh State Electricity Regulatory Commission (in short “CSERC” or “Commission”) in Petition No. 58 of 2016 which was filed by Respondent No. 2 under section 86(1)(f) of the Electricity Act, 2003 (in short “Act”).

2. The CSERC allowed the prayers sought by the Respondent No. 2 in the said petition and passed directions to the Appellant herein to calculate the PoC on the captive and non-captive load of 15MW from 04.09.2015 to 22.06.2016 and refund the excess amount by 30.04.2017 to the Respondent No. 2, which was recovered from the Respondent No. 2 as PoC and also directed to pay interest on the excess amount recovered from the date of its recovery till the date of refund of the amount @ 6 % per annum.

Description of parties

3. The Appellant, Chhattisgarh State Power Distribution Co. Ltd. (in short “CSPDCL”) is one of the successor companies of the erstwhile Chhattisgarh State Electricity Board. The Appellant is responsible for the distribution of electricity within its licensed distribution area as well as the procurement of surplus power from various sources.

4. The Respondent No. 1, the Chhattisgarh State Electricity Regulatory Commission established under section 82 of the Act and is the appropriate Commission to resolve the dispute in hand.

5. The Respondent No. 2, M/s. Shree Cement Ltd. is engaged in the generation of electricity and in the manufacturing of cement, having its cement manufacturing units in Rajasthan, Uttarakhand, Bihar, Haryana, Uttar Pradesh, and Chhattisgarh. The company has a 2.6 MTPA integrated cement plant located at Village Khapradih, PO Grasim Vihar, Tah Simga, District Balodabazaar, in Chhattisgarh.

Factual Matrix of the Case

6. Respondent No. 2 holds a connection Service No. 1020210/534700A/86- R/2826 with CSPDCL. In a letter dated 23.04.2014, Respondent No. 2 indicated that the initial generation capacity of its plant would be 15 MW, however, the formal application submitted on 28.11.2014 was for 30 MW.

7. Respondent No. 2 subsequently applied to Chhattisgarh State Power Transmission Company Limited (in short “CSTPCL”) for connectivity, synchronization, and parallel operation for a 30 MW generator. Approval for synchronization and parallel operation of the 1x30 MW generating plant was granted by CSPTCL’s Executive Director (C&P) on 18.08.2015.

8. Further the Connection Agreement with CSPTCL’s Grid was entered into between Respondent No. 2 and CSPTCL for 30MW connectivity.

9. The Executive Director (C&P), CSPTCL by his letter dated 06.04.2016 informed the Executive Director, Commercial, CSPDCL about the details of permission granted by CSPTCL to various CPP/IPPs for synchronization with its grid.

10. The PoC charges are calculated in accordance with the CSERC's Order dated 13.10.2009 at the rate of Rs.21/- per kVA per month on the captive and non- captive load of CGP which may either be co-located, fed through the grid or through dedicated lines