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2025 Supreme(Online)(CERC) 138
CENTRAL ELECTRICITY REGULATORY COMMISSION
Shri Jishnu Barua, CJ, Shri Ramesh Babu V., J, Shri Harish Dudani, J, Shri Ravinder Singh Dhillon, J
Hindalco Industries Limited – Appellant
Versus
Central Transmission Utility of India Limited – Respondent
Petition No. 83/MP/2025
For the Appellants/Petitioners: Shri Sam C Mathew, Shri Ashish Prasad, Ms. Madhuri Mittal
For the Respondents: Shri Swapnil Verma, Shri Ranjeet Rajput, Shri Siddharth Sharma
The effective date of General Network Access (GNA) is determined by augmentation under ISTS regulations, not by delays in dedicated transmission systems constructed by the grantee.
Headnote:(A) Electricity Act, 2003 - Sections 79(1)(c) and 79(1)(f) - CERC (Connectivity and General Network Access to the Inter-State Transmission System) Regulations, 2022 - Petition for revision of Effective Date of General Network Access (GNA) - Petitioner sought revision of GNA start date from 01.07.2025 to 01.01.2027 due to delays in transmission system construction - Respondent's refusal based on interpretation of Regulation 22.4(b) deemed valid - Court found no basis for revision as dedicated transmission line responsibility lies with the grantee. (Paras 1, 10, 21)
(B) Regulatory Interpretation - The Commission upheld that effective date of GNA is tied to augmentation under ISTS, not dedicated lines, affirming the need for clarity in regulatory applications. (Paras 21)
Facts of the case:
Petitioner, Hindalco Industries Limited, challenged CTU's refusal to revise the GNA start date for a 100 MW project due to construction delays of a dedicated transmission line. The initial GNA was granted with a start date of 01.07.2025, later requested to be revised to 01.01.2027 based on revised timelines.
Findings of Court:
The court upheld that the request for revision was not tenable under the GNA Regulations, emphasizing the distinction between dedicated and common transmission systems.
Issues: Whether the Petitioner is entitled to a revision of the Effective Date of GNA based on construction delays?
Ratio Decidendi: The court ruled that the effective date of GNA is contingent upon augmentation under ISTS, and the Petitioner’s request for revision due to delays in a dedicated transmission system was not supported by the regulations.
Result: Petition dismissed.
| Table of Content |
|---|
| 1. filing of petition under electricity act provisions. (Para 1 , 2) |
| 2. petitioner seeks revision of gna effective date. (Para 3) |
| 3. argument on regulatory compliance and procedural adherence. (Para 4 , 5 , 6) |
| 4. petitioner’s efforts and regulatory delays. (Para 7 , 8) |
| 5. court's analysis of gna regulations. (Para 9 , 10 , 11 , 12) |
| 6. clarification on common vs. dedicated transmission systems. (Para 13 , 14 , 15 , 16) |
| 7. examination of contractual obligations and responsibilities. (Para 17 , 18 , 19) |
| 8. court's decision on revision request under gna regulations. (Para 20 , 21) |
| 9. disposal of petition. (Para 22) |
ORDER
The instant Petition has been filed under Section 79(1)(c) read with Section 79(1)(f) of the Electricity Act, 2003, and applicable provisions of the CERC (Connectivity and General Network Access to the Inter-State Transmission System) Regulations, 2022 and the CERC (Conduct of Business) Regulations, 2023 seeking revision of the Effective Date of 100 MW General Network Access granted to the Petitioner.
2. Petitioner has made the following prayers:
a. Admit the present Petition.
b. Quash and set aside the Letter dated 23.09.2024 issued by Respondent No. 1 as being in contravention of Regulation 22.4(b) of the CERC GNA Regulations, 2022.
c. Hold and declare that the Effective Date of 100 MW GNA granted vide Intimation dated 31.10.2023 for Final Grant of GNA in favour of Petitioner stands revised from 01.07.2025 to 01.01.2027 in terms of Regulation 22.4(b) of CERC GNA Regulations 2022.
d. Direct Respondent No. 1 to issue notice under Regulation 22.4(b) of CERC GNA Regulations 2022 for revision of the effective date of GNA from 01.07.2025 as stipulated in the Intimation for final grant dated 31.10.2023 to 01.01.2027.
e. Pass such other and further order(s) that this Hon’ble Commission may feel in the interest of justice and the facts and circumstances of the case.
f. Condone any error/ omission and to grant an opportunity to the Petitioner to rectify the same;
g. Permit the Petitioner to make such further submission(s), addition(s) and alternation(s) to this Petition as may be necessary from time to time.”
Submissions of the Petitioner
3. Petitioners have made the following submissions:
a) Hindalco Industries Limited (“Petitioner/HIL”) has approached this Commission, being aggrieved by the letter dated 23.09.2024 (“Impugned Letter”) issued by Respondent No. 1 herein, Central Transmission Utility of India Limited (“R-1/CTU”). CTU has rejected the Petitioner’s request (submitted vide letter dated 24.08.2024) for revision of the Effective Date of the 100MW General Network Access (“GNA”) granted by CTU in favour of the Petitioner with respect to the Petitioner’s aluminium project at Mahan, Dist. Singrauli, Madhya Pradesh.
b) The rejection of Petitioner’s request for revision of the Effective Date of GNA is in ex facie contravention of the letter and spirit of Reg. 22.4(b) of GNA Regulations, irrational, arbitrary, unreasonable, and without due application of mind, and is hence liable to be quashed and set aside. The Petitioner has sought directions to R-1/CTU for the revision of the Effective Date of GNA in accordance with Regulation 22.4(b) of the GNA Regulations.
c) During the 17 CMETS-WR held on 29.03.2023 to grant connectivity to HIL, the
i. Upgradation of 220kV switchyard of Petitioner to 400kV level through installation of 2x315 MVA, 400/220 kV ICTs at Petitioner's end along with 4 nos. 400kV bays at Petitioner's switchyard.
ii. Loop-In Loop-Out ("LILO") of both circuits of Vindhyachal PS - Sasan 400kV D/c line at Petitioner's switchyard (LILO length~ 35km).
The minutes of 17, [th] CMETS-WR specifically recorded that as per the CERC GNA Regulations, in case of a bulk consumer, the line to connect such an entity to the ISTS and necessary augmentation for providing connection to the ISTS shall be constructed and maintained by a licensee at the cost of the entity. The date from wh
