CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI Petition No. 699/MP/2020 Coram:

Shri Jishnu Barua, Chairperson Shri Ramesh Babu V, Member Shri Harish Dudani, Member Date of Order: 05.01.2026 In the matter of:

Petition under Section 79(1)(c) & (f) of the Electricity Act, 2003, read with Central Electricity Regulatory Commission (Grant of Connectivity, Long Term Access and Medium-Term Open Access in Inter-State Transmission and related matters) Regulations, 2009, seeking directions in respect of alleged LTOA of 144 MW granted to PTC India Limited in respect of ‘Free Power’ Share of Government of Sikkim from 1200 MW Teesta-III Hydroelectric Project in terms thereof.

And in the matter of:

PTC India Limited, 2^nd Floor, NBCC Tower, 15, Bhikaji Cama Place, New Delhi-110066.

….Petitioner Versus

1. Power Grid Corporation of India Limited, Saudamini, Plot No.2, Sector 29, Gargaon-122001.

2. Teesta Urja Limited, 2nd Floor, Vijaya Building, 17, Barakhamba Road, New Delhi-110001.

3. Government of Sikkim, Energy and Power Department, Kazi Road, Gangtok, East Sikkim-737101.

4. Central Transmission Utility of India Limited, Saudamini, Plot No.2, Sector 29, Gurgaon-122001 (Haryana). ...Respondent(s)

Parties Present: Shri Ravi Kishore, Advocate, PTC Shri Keshav Singh, Advocate, PTC Shri Basava Prabhu Patil, Sr. Advocate, Govt. of Sikkim Shri Sameer Abhyankar, Advocate, Govt. of Sikkim Shri Sarthak Dora, Advocate, Govt. of Sikkim Ms. Suparna Srivastava, Advocate, CTUIL Ms. Arshiya, Advocate, CTUIL Shri Shaswat Dubey, Advocate, CTUIL Ms. Kavya Bhardwaj, CTUIL Shri Lashit Sharma, CTUIL Shri Vidhan Vyas, Advocate, SUL

ORDER

PTC India Limited has filed the instant petition under Section 79(1)(f) of the Electricity Act, 2003 (hereinafter referred to as the “Act”) read with Central Electricity Regulatory Commission (Grant of Connectivity, Long Term Access and Medium-Term Open Access in Inter-State Transmission and related matters) Regulations, 2009, (hereinafter referred to as the “2009 Connectivity Regulations”) seeking for an order that no LTOA was granted to PTC in respect of the 144 MW free power share of Government of Sikkim from Teesta-III Hydro Electric Project (hereinafter referred to as the “THEP”) and to set aside CTUIL’s demand for relinquishment charges in respect of the 144 MW free power share of Government of Sikkim.

2. The Petitioner is an inter-State trading licensee. Power Grid Corporation of India Limited (hereinafter referred to as “PGCIL”), Respondent No.1, is a state-owned electricity utility company in the business of transmission of power and was also performing the functions of the CTU till CTUIL was notified by the Ministry of Power, Government of India. Teesta Urja Limited (hereinafter referred to as “TUL”), Respondent No.2, is a generating company which owns and operates a 1200 MW (2X600MW) HEP located on the Teesta River in the North District of Sikkim. Government of Sikkim, Respondent No.3, is the State where the THEP is located and is entitled for 12% free power for the first 15 years and 15% free power from the 16^th to 35^th year of THEP. Central Transmission Utility of India Limited (hereinafter referred to as the “CTUIL”), Respondent No.4, is the Central Transmission Utility (hereinafter referred to as the “CTU”), as defined in Section 38 of the Act.

3. The PGCIL was performing the functions of the CTU when the instant petition was filed by PGCIL. However, during the proceedings in the matter, the Ministry of Power, Government of India, on 9.3.2021, notified the CTUIL, a Government Company, as the Central Transmission Utility. Therefore, CTUIL has been impleaded as Respondent No.4 in the matter.

4. The Petitioner has made the following prayers:

“a) Pass an Order that the LTOA was neither granted nor applicable to the Petitioner in respect of 144 MW free power share of State of Sikkim from Teesta-III HEP;

b) Pass an Order setting aside the demand of the RESPONDENT NO.1 towards relinquishment charges in respect of the 144 MW free pow