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2025 Supreme(Online)(CERC) 114
CENTRAL ELECTRICITY REGULATORY COMMISSION
Shri Ramesh Babu V., Member, Shri Ravinder Singh Dhillon, Member
Fatehgarh II and Barmer I PS Transmission Limited – Appellant
Versus
Central Transmission Utility of India Limited – Respondent
Petition No. 460/TL/2025
For the Appellants: Shri Vikas Kumar, Shri Rohit Jain, Ms. HK Madhulika Murthy
For the Respondents: Not specified
Section 15 of the Electricity Act enables the grant of transmission licences upon compliance with procedural regulations following a competitive bidding process.
Headnote:(A) Electricity Act, 2003 - Sections 14 and 15 - Application for transmission licence - Grant of licence sought by Fatehgarh II and Barmer I PS Transmission Limited for augmentation project - Compliance with competitive bidding regulations established - Delay in filing due to procedural lapse condoned. (Paras 1-26)
(B) Transmission Licence Regulations, 2024 - Compliance with notification procedures specified by the Commission emphasized - Public notice to invite objections and suggestions called for in accordance with Section 15 of the Act. (Paras 24-26)
Facts of the case:
The Petitioner seeks a transmission licence for augmenting transmission capacity at Fatehgarh-II PS, Fatehgarh-IV PS, and Barmer-I PS as part of inter-state transmission development.
Findings of Court:
The court contemplates granting the licence after considering filed documents and lack of public objection.
Issues: Whether the Petitioner meets conditions for a transmission licence and procedural compliance.
Ratio Decidendi: Petitioner satisfied the criteria under the Electricity Act and Regulations; procedural compliance in notice and application process affirmed.
Result: Transmission licence granted pending public inputs.
| Table of Content |
|---|
| 1. petitioner applies for a transmission licence under the electricity act. (Para 1 , 2) |
| 2. public notice for comments on licence application to be published. (Para 18 , 19) |
| 3. court finds the petitioner meets the legal requirements for licence approval. (Para 24 , 26) |
ORDER
The Petitioner, Fatehgarh II and Barmer I PS Transmission Limited (hereinafter referred to as “the Petitioner”), has filed the present Petition for the grant of a transmission licence under Sections 14 and 15 of the Electricity Act, 2003 (hereinafter referred to as “the Act”) read with the Central Electricity Regulatory Commission (Procedure, Terms, and Conditions for grant of Transmission Licence and other related matters) Regulations, 2024 (hereinafter referred to as “the Transmission Licence Regulations”) ”) to establish the “Augmentation at Fatehgarh-II PS, Fatehgarh-IV PS (Section-II) and Barmer-I PS” on a Build, Own, Operate and Transfer basis (hereinafter referred to as “the Project”) consisting of the following elements:
2. The Petitioner has made the following prayers:
“(a) Grant Transmission Licence to the Applicant; and
(b) Allow the sharing and recovery of Transmission Charges for Inter- State Transmission System for “Augmentation at Fatehgarh-II PS, Fatehgarh-IV PS (Sec-II) and Barmer-I PS” as per Sharing of Inter-state Transmission Charges and Losses CERC Regulations 2020 and any other amendment thereon issued from time to time by CERC;
(c) Pass such other order / orders, as may be deemed fit and proper in the facts & circumstances of the case.”
Hearing dated 30.5.2025
3. Notice was issued to the parties to file the reply and rejoinder. During the course of the hearing, the representative of the Petitioner submitted that the Petitioner has complied with the requirements, including publication of notice(s) under the provisions of the Transmission Licence Regulations. He further submitted that there was a delay of six days in filing the instant Petition due to the non- reflection of the filing fees on the e-portal, and accordingly, prayed to condone the said delay.
4. Vide Record of Proceedings (“RoP”) for the hearing dated 30.5.2025, CTUIL was directed to furnish the details of the inter-connecting upstream and downstream transmission systems, as well as the details of connectivity and GNA granted and/or applications received at Fatehgarh-IV PS, Barmer-I PS and Fatehgarh-II PS. Considering the submissions made, the Commission reserved the matter for orders.
5. CTUIL, in compliance with the RoP dated 30.5.2025, vide affidavit dated 10.6.2025, has submitted as under:
6. No reply has been filed by the Respondents despite notice.
7. The Petitioner has submitted that in accordance with the “Guidelines for Encouraging Competition in Development of Transmission Projects” and “Tariff Based Competitive Bidding Guidelines for Transmission Service” (hereinafter referred to as “the Guidelines”) issued by the Ministry of Power, Government of India, under Section 63 of the Act, PFC Consulting Limited (hereinafter referred to as “PFCCL”) was notified by the Ministry of Power, Government of India, vide Gazette Notification. No. CG-DL-E-26092024-257527 dated 25.9.2024 as the Bid Process Coordinator (hereinafter referred to as “BPC”) for the purpose of selection of bidder as Transmission Service Provider (hereinafter referred to as “TSP”) to establish Inter-State Transmission System for Augmentation at Fatehgarh-II PS, Fatehgarh-IV PS (Section-II) and Barmer-I PS” on a Build, Own, Operate and Transfer basis.
8. PFCCL, in its capacity as the BPC, initiated the bid process on 28.9.2024 and completed the same on 21.3.2025 in accordance with the Guidelines. Power Grid Corporation of India Limited was selected as the successful bidder having quoted the lowest transmission charges of Rs. 569.31 million per annum in order to provide the transmission services to the beneficiaries of the transmission system.
9. The RfP was issued on 28.9.2024. At the RfP (Technical and
