CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI Petition No.68/MP/2018 Coram:

Shri Jishnu Barua, Chairperson Shri Ramesh Babu V, Member Shri Harish Dudani, Member Shri Ravinder Singh Dhillon, Member Date of Order: 14^th January, 2026 In the matter of:

Petition under Section 62 and 79 (1) (a) of the Electricity Act, 2003 read with Chapter- V of the Central Electricity Regulatory Commission (Conduct of Business) Regulations, 1999 and Regulations 36 and 54 of the Central Electricity Regulatory Commission (Terms and Condition of Tariff) Regulations, 2014 for revision of NAPAF of Vallur Thermal Power Station (1500 MW) for the period 2017-19.

And In the matter of:

Implementation of the APTEL judgment dated 8.4.2025 in Appeal No. 318/2019 (NTECL v CERC & ors.) against the Commission’s order dated 26.6.2019 in Petition No. 68/MP/2018 (on remand).

And In the matter of:

NTPC Tamil Nadu Energy Company Limited NTPC Bhawan, Core-7, Scope Complex

7, Institutional Area, Lodhi Road New Delhi-110003 .....Petitioner Vs

1. Andhra Pradesh Transmission Corporation Limited Vidyut Soudha, Khairatabad, Hyderabad-500082

2. A.P. Eastern Power Distribution Company Limited, P&T Colony, Seethammadhara, Vishakapatnam-503013

3. A.P. Southern Power Distribution Company Limited, Beside Srinivassakalyana Mandapam, Tiruchanur Road, Kesavayana Gunta, Tirupati- 517501

4. Transmission Corporation of Telangana Limited, Vidyut Soudha Khairatabad, Hyderabad – 500082

5. Telangana State Southern Power Distribution Company Limited, Mint Compound, Corporate Office, Hyderabad – 500063.

6. Telangana Northern Power Distribution Company Limited, H.No. 2-5-31/2, Vidyut Bhavan, Nakkalagutta, Hanamkonda, Warangal – 506001

7. Power Company of Karnataka Limited, KPTCL complex, KaveriBhawan, Bengaluru- 560009

8. Bangalore Electricity Supply Company Limited, Krishna Rajendra circle, Bangalore- 506001

9. Mangalore Electricity Supply Company Limited, MESCOM Bhavana, Corporate Office, Bejai Kevai Cross Road Mangalore-575004

10. Chamundeshwari Electricity Supply Company Limited, Corporate Office, No 29, Ground Floor, Kaveri Grameena Bank Road Vijayanagar 2^nd Stage, Mysore- 570017

11. Gulbarga Electricity Supply Company Limited, Main Road, Gulbarga- 585102

12. Hubli Electricity Supply Company Limited, Navanagar, PB Road, Hubli- 580025

13. Kerala State Electricity Board Limited, Vaidyuthi Bhavanam, Pattom, Thiruvananthapuram- 695004

14. Tamil Nadu Generation & Distribution Corporation Limited, NPKRR Maaligai, 144, Anna Salai, Chennai- 600002

15. Electricity Department Govt. of Puducherry, 137, Netaji Subhash Chandra Bose Salai, Puducherry- 605001 ... Respondents

ORDER

Petition No. 68/MP/2018 was filed by the Petitioner, NTPC Tamil Nadu Energy Company Limited (in short ‘NTECL’) seeking relaxation of the Normative Annual Plant Availability Factor (NAPAF) from 85% to 83% for the period 2017-19, in respect of its Vallur Thermal Power Station, under Regulation 36(A)(a) read with Regulation 54 of the 2014 Tariff Regulations, on the ground that due to less realization/ availability of coal from the linked mines coupled with ban on import by MOP GOI, it could not declare availability of 85%, thereby, resulting in shortfall in the recovery of the annual fixed charges. However, this prayer of the Petitioner was rejected by the Commission vide its order dated 26.6.2019, as under:

“16. The Tariff Regulations, 2014 allow a coal-based generator to procure coal from any source, over and above the coal to be received from linked mines, i.e. through e- auction or through import of coal. This dispensation was provided to generators to declare overall availability above the normative annual plant availability prescribed in the Tariff regulations, 2014. As per New Coal Distribution Policy notified by MoC vide memorandum dated 26.07.2013, the assured domestic coal supply from the linked mines was restricted to 65%, 67% and 75% for 2014-15, 2015-16 and 2016-17 respectively of annual contracted quantum (ACQ). As such, petitioner