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2025 Supreme(Online)(CERC) 136
CENTRAL ELECTRICITY REGULATORY COMMISSION
Jishnu Barua, CJ, Ramesh Babu V., J, Harish Dudani, J, Ravinder Singh Dhillon, J
Odisha Power Transmission Corporation Limited (OPTCL) – Appellant
Versus
Central Transmission Utility of India Limited – Respondent
Petition No.353/MP/2025
For the Appellants/Petitioners: Mr. Sandeep Kumar Mahapatra, Mr. Tribhuvan
For the Respondents:
The Commission has the discretion to relax regulatory deadlines for applications when genuine difficulties arise in compliance, ensuring continued operational effectiveness and addressing procedural challenges.
Headnote:(A) Electricity Act, 2003 - Section 79(1)(c) - Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022 - Under Regulation 19.2, request for additional GNA made after deadline due to genuine difficulties - The Commission has the power under Regulations 41 and 42 to relax deadlines to address operational challenges - Petition allowed and timeline extended for submission of additional GNA application for FY 2025-26, 2026-27, and 2027-28. (Paras 1-10)
(B) Regulatory Framework - Timeliness of applications and procedural challenges faced by the Petitioner - The responsibilities for application submissions lie with the STUs - Importance of timely requests highlighted, but genuine delays recognized. (Paras 3-9)
Facts of the case:
Petition for relaxation of deadline regarding additional GNA application due to procedural delays attributed to internal governance issues within OPTCL and late requests from GRIDCO.
Findings of Court:
The Commission allowed the deadline for filing an additional GNA application to be extended based on the regulatory provisions for relaxation.
CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI Petition No.353/MP/2025 Coram:
Shri Jishnu Barua, Chairperson Shri Ramesh Babu V., Member Shri Harish Dudani, Member Shri Ravinder Singh Dhillon Date of Order: 30.06.2025 In the Matter Of:
Petition under Section 79 (1) (c) of the Electricity Act 2003 read with Regulation 41 and 42 of Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022 for seeking relaxation of the date of 30.09.2024 which is stipulated under Regulation 19.2 of the said GNA Regulations for submission of the application for additional GNA for the financial year 2025-26, 2026-27 and 2027-28.
AND In the Matter Of:
1) Odisha Power Transmission Corporation Limited (OPTCL), Janpath, Bhubaneswar-751007, Odisha. ...… Petitioner Versus
1) Central Transmission Utility of India Limited Floors No. 5-10, Tower 1, Plot No. 16, IRCON International Tower, Institutional Area, Sector 32, Gurugram, Haryana – 122001
2) GRIDCO Limited Janpath, Bhubaneswar - 751022. ……...Respondent(s)
Parties Present:
Mr. Sandeep Kumar Mahapatra, Advocate, OPTCL Mr. Tribhuvan, Advocate, OPTCL
ORDER
The instant Petition is filed under Section 79 (1) (c) of the Electricity Act 2003 (hereinafter referred to as “the Act”) read with Regulation 41 and 42 of Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022 (herein after referred to as the “GNA Regulations”) for seeking relaxation of the date of 30.09.2024 which is stipulated under Regulation 19.2 of the said GNA Regulations for submission of the application for additional GNA for the financial year 2025-26, 2026-27 and 2027-28.
2.The Petitioner has made the following prayers:
a)Allow the present petition b)Grant relaxation in the Date of 30.09.2024 which is stipulated under Regulation 19.2 of the CERC (Connectivity and General Network Access to the inter-state Transmission System) Regulations, 2022 for submission of the application for additional GNA for the financial year 2025-26, 2026-27 and 2027-28 under Regulations 41 & 42 of the (Connectivity and General Network Access to the inter-state Transmission System) Regulations, 2022.
c)Direct CTUIL the nodal Agency for connectivity and GNA to consider and accept the additional GNA application of OPTCL in terms of Regulation 19.2 of CERC (Connectivity and General Network Access to the inter-state Transmission System)
Regulations, 2022 for 130 MW to be effective during the period FY -25-26;
d)Pass such other order/s, as this Commission deems just and proper in the facts and circumstances of the case.
Submissions of the Petitioner
3. The Petitioner vide Petition dated 01.03.2025 has made the following submissions:
a) GRIDCO Ltd vide email dated 28.09.2024 and letter dated 30.9.2024, requested the Petitioner to apply for additional GNA of 130 MW for FY 2025-26, FY 2026-
27, and FY 2028-29.
b) Even though the request was made by GRDICO on 30.09.2024, in terms of Regulation 19.2 of the GNA Regulations, OPTCL attempted to apply for additional GNA for the financial year 2025-26, 2026-27 and 2027-28 in the National Single Window System (NSWS portal) on the very same day. However, on account of the last-minute request, certain compliances could not be fulfilled , leading to the attempt not attaining fruition. It is pertinent to mention that while making the aforesaid attempt, to apply for additional GNA, OPTCL verily understood that its existing board resolution, authorizing its Company Secretary or a delegation to another officer by the Company Secretary, would suffice for the purpose of GNA under Regulation 19.2 of the GNA Regulations. However, due to the application not being accepted/filed, OPTCL deemed it proper to consult CTUIL in this respect, and OPTCL was advised to pass a new board resolution authorizing its official to apply for additional GNA.
c) Soon after receiving clarification from the officia
