CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI Petition No. 126/MP/2017 (On Remand)

Coram:

Shri Jishnu Barua, Chairperson Shri Ramesh Babu V, Member Shri Harish Dudani, Member Shri Ravinder Singh Dhillon, Member Date of Order: 28.02.2026 In the matter of:

Petition for declaration and direction as to the status of the 400 kV D/C Transmission Line from India Gandhi Super Thermal Power Station (Aravalli Power Station) to Daulatabad owned, operated and maintained by Haryana Vidyut Prasaran Nigam Limited (HVPNL).

And in the matter of:

1. Uttar Haryana Bijli Vitran Nigam Limited, C-6, Vidyut Sadan, Sector-6, Panchkula, Haryana

2. Dakshin Haryana Bijli Vitran Nigam Limited Vidyut Sadan, Vidyut Nagar, Hissar (Both represented by Haryana Power Purchase Centre. A joint forum set up by Uttar Haryana Bijli Vitran Nigam and Dakshin Haryana Bijli Vitran Nigam Room No. UH 305, 2nd floor, Shakti Bhawan, Sector 6 Panchkula)

3. Haryana Vidyut Prasaran Nigam Limited, Shakti Bhawan, Sector-6, Panchkula. ……Petitioner Versus

1. Power System Operation Corporation Limited, B-9, First Floor, Qutab Industrial Area, Katwaria Sarai, New Delhi – 110 016

2. Central Transmission Utility of India Limited, “Saudamini” Plot No. 2, Sector-29, Gurgaon-122001, Haryana

3. Aravalli Power Company Pvt Limited, NTPC Bhawan, Scope Complex, 7, Institutional area, Lodhi Road, New Delhi 110003 ……Respondents Parties Present: Shri M. G. Ramachandran, Sr. Advocate, Haryana Discoms Ms. Poorva Saigal, Advocate, Haryana Discoms Ms. Reeha Singh, Advocate, Haryana Discoms Shri Anand Ganesan, Advocate, APCPL Ms. Ritu Apurva, Advocate, APCPL Ms. Pragya Pushkar, Advocate, APCPL Shri Alok Shankar, Advocate, CTUIL Shri Siddharth Sharma, CTUIL Shri Lashit Sharma, CTUIL Shri Gajendra Sinh, NLDC

ORDER

Uttar Haryana Bijli Vitran Nigam Limited, Dakshin Haryana Bijli Vitran Nigam Limited and Haryana Vidyut Prasaran Nigam Limited (hereinafter jointly referred to as “the Petitioners”) had filed the instant Petition No.126/MP/2017 seeking a declaration that the 400 kV D/C transmission line from Indira Gandhi Super Thermal Power Station (IGSTPS) to Daulatabad (hereinafter referred to as the “transmission line”) is outside the scope of the jurisdiction of the Power System Operation Corporation Limited (POSOCO) and Central Transmission Utility (CTUIL), as well as the Central Electricity Regulatory Commission (Sharing of inter-State transmission charges and losses) Regulations, 2010 (hereinafter referred to as “2010 Sharing Regulations”).

2. The Petitioners filed Petition No.126/MP/2017 to mainly declare that (a) the transmission line is outside the scope of POSOCO, CTUIL, and the 2010 Sharing Regulations, (b) to set aside the bills raised by CTUIL since July, 2011 and (c) to restrain POSOCO and CTUIL from recovering any charges in respect of the transmission line. The prayers made by the Petitioner are extracted hereunder.

“(a) Declare that the 400 kV Transmission Line from Indira Gandhi Super Thermal Power Station (Aravali Power Station) to Daulatabad is outside the scope of the jurisdiction of the Respondent 1 and 2 as well as the Sharing of Transmission Charges and Losses provided under the Sharing Regulations, 2010;

(b) Set aside the bills raised by Respondent No. 2 since the month of July, 2011 to the extent the claim therein related to Sharing of inter-state transmission Charges and Losses for the 400 KV Transmission Line from Indira Gandhi Thermal Power Station to Daulatabad;

(c) Restrain Respondent no. 1 and 2 from recovering any charges from the Petitioners in regard to the 400 kV Transmission Line from Indira Gandhi Super Thermal Power Station (Aravali Power Station) to Daulatabad;

(d) Pass ad-interim ex-parte Orders in terms of prayers (a) to (c) above; and (e) Pass any such further order or Orders as this Commission may deem just and proper in the circumstances of the case.”

3. The Commission, vide order dated 4.5.2018 held that (a) the transmission line is an intra-State transmission line under