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2025 Supreme(Online)(CERC) 129
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/Petitioners: Shri Vikas Kumar, Shri Rohit Jain, Ms. HK Madhulika Murthy
The Commission found the petitioner met all procedural requirements for a transmission licence under the Electricity Act.
Headnote:(A) Electricity Act, 2003 - Sections 14 and 15 - Application for grant of transmission licence - The applicant fulfilled all procedural requirements and responsibilities, including compliance with bidding guidelines and regulations. A public notice will be issued inviting suggestions or objections to the proposed transmission licence. (Paras 1, 24)
(B) Transmission Procedure - The appropriate Commission may grant a licence after thorough scrutiny of the application and public input, adhering to regulatory compliance and established guidelines to ensure legitimacy and operational effectiveness. (Paras 16, 17)
Facts of the case:
The petitioner filed for a transmission licence for the augmentation of transmission systems at multiple substations following competitive bidding selection under Electricity Act guidelines. No objections were received in response to public notices.
Findings of Court:
The Commission found the petitioner met all legal requirements for a transmission licence and directed a public notice be published regarding the licence application.
Issues: The primary issue was compliance with the procedural requirements for the grant of a transmission licence and public feedback on the application.
Ratio Decidendi: The court established that the failure to file the petition within the expected time frame due to e-portal issues was justified, and procedural delays can be excused under specific circumstances.
Result: A public notice will be published inviting suggestions or objections regarding the grant of the transmission licence.
| Table of Content |
|---|
| 1. petition filed for transmission licence under electricity act. (Para 1 , 2 , 3) |
| 2. details of compliance and substations' augmentation discussed. (Para 4 , 5 , 6) |
| 3. bid process and lowest bidder selection noted. (Para 8 , 9 , 10) |
| 4. public input invited for transmission licence grant. (Para 18 , 19 , 22) |
| 5. petition upheld; notice issued for public feedback. (Para 24 , 25 , 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:
• Details of Inter-Connecting Upstream and Downstream Transmission System:
• The details of the connectivity/ GNA granted and/ or applications received at Fatehgarh IV, Barmer I PS and Fathgarh II PS:
*1x500MVA, 400/220kV ICT at Fatehgarh-IV (Sec-II) is for n-1 compliance.
**ICT is for n-1 compliance also.
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, in
