CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI Petition No. 151/MP/2024 Coram:

Shri Jishnu Barua, Chairperson Shri Ramesh Babu V., Member Shri Harish Dudani, Member Date of Order: 7^th January, 2026 In the matter of:

Petition under Section 142 of the Electricity Act, 2003 and Regulation 70(2) of CERC (Conduct of Business) Regulations, 2023 r/w Sections 42, 47 and Order XXI Rule 10 of Code of Civil Procedure Code, 1908 and r/w Regulation 65 of CERC (Conduct of Business) Regulations, 2023 and Section 151 of Code of Civil Procedure Code, 1908 seeking execution/ enforcement/ compliance of this Commission’s earlier orders (in Petition Nos. 160/GT/2012, 7/GT/2016 & 251/GT/2017)

And In the matter of Adani Power Ltd Adani Corporate House, Shantigram, Near Vaishno Devi Circle, S.G Highway, Khodiyar, Ahmedabad-382421, Gujarat …. Petitioner Vs

1. Power Company of Karnataka Limited

502, 5th Floor, KPTCL Building, Kaveri Bhavan, Bengaluru, Karnataka – 560009

2. Punjab State Power Corporation limited Dy. CE/ISB, shed T-1A, Shakti Vihar, Patiala, Punjab – 147001

3. Karnataka Power Transmission Corporation Limited Corporate Office, KPTCL, Kaveri Bhavan, K.G Road, Bengaluru - 560009, 4. Hubli Electricity Supply Company Ltd Corporate office PB road, Navanagar, Hubli, Karnataka - 580025

5. Gulbarga Electricity Supply Company Limited PTC Section, Station Main Road, Opp. Parivar Hotel, Gulbarga, Karnataka -

585102

6. Bangalore Electricity Supply Company, K.R. Circle Bangalore-560001, Bengaluru, Karnataka – 560001

7. Chamundeshwari Electricity Supply Corporation Limited No. 29, Corporate Office, Vijayanagar 2nd Stage, Hinkal, Mysore, Karnataka - 570017

8. Mangalore Electricity Supply Company Limited Discom Bhavana, Kavoor Cross Road, Bejai, Mangalore, Karnataka - 575004 …Respondents Parties present:

Shri Amit Kapur, Advocate, APL Shri Sunak Rajguru, Advocate, APL Shri Rajesh Jha, Advocate, APL Shri Kumar Gaurav, APL Shri Gourav Sharma, APL Shri M.G. Ramachandran, Senior Advocate, PCKL & Karnataka Discoms Ms. Bhabna Das, Advocate, PCKL & Karnataka Discoms Ms. Srishti Kindaria Advocate, PCKL & Karnataka Discoms

ORDER

The Petitioner, Adani Power Ltd (in short, ‘APL’), has filed the present Petition, seeking the following relief(s):

“(a) Admit the present Petition;

(b) Direct Karnataka DISCOMs to release the outstanding dues towards carrying cost payable to Adani as per Adani’s invoice dated 27.02.2023 within 4 weeks;

along with Late Payment Surcharge;

(c) Pass such order(s) as this Ld. Commission may deem fit and proper in facts and circumstances of the present case.” Submissions of the Petitioner

2. The Petitioner, in support of the above prayers, has mainly submitted the following:

(a)This Commission has been determining the tariff of the Udupi Power Project (‘the generating station/Project’) of the Petitioner, from time to time [i.e., (a) provisional tariff or (b) final tariff or (c) revised tariff], in accordance with the applicable Tariff Regulations. Against such tariff orders of this Commission, either of the affected party prefers appeals before the Appellate Tribunal for Electricity (“in short, APTEL”). The decisions in such appeals consequently resulted in the revision of the applicable tariff from time to time.

(b) As per Regulation 5(3) of the 2009 Tariff Regulations, if the tariff billed provisionally falls short of the final or revised tariff, the generating company is entitled to recover the differential amount along with carrying cost. In effect, as per Regulation 5(3) of the 2009 Tariff Regulations, APL is entitled to recover the principal sums along with carrying cost (interest), if: -

(i) The tariff billed by APL based on the provisional tariff order falls short of the final tariff as determined by this Commission; or (ii) The tariff billed by APL based on the final tariff order falls short of the revised tariff as determined by this Commission, based on the revisions in tariff inter alia due to decisions of APTEL or the Hon’ble Supreme Court in appe