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2026 Supreme(Online)(CERC) 430

CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI


I.A. Diary No. 241/2026

In Petition Diary No. 233/2026


Coram:

Shri Jishnu Barua, Chairperson

Shri Ramesh Babu V., Member

Shri Harish Dudani, Member

Shri Ravinder Singh Dhillon, Member


Date of Order: 02.09.2026


In the matter of:

Interlocutory Application under Regulation 26 read with Regulation 27 of the Central Electricity Regulatory Commission (Conduct of Business) Regulations, 2023 seeking exemption/ deferment from payment of filing fees.

And in the matter of:

Essar Power Transmission Company Limited,

Essar Power MP Limited, Power Plant, Village Bandhaura, Post Karsualal, Singrauli- 486 886, Madhya Pradesh

…Petitioner

Versus

1. Essar Power MP Limited,

Adani Corporate House, Shantigram, Near Vaishno Devi Circle, S. G. Highway, Khodiyar, Gandhinagar– 382 421, Gujarat, India.

2. Central Transmission Utility of India Limited,

Saudamini, Plot No. 2, Sector 29, Near IFFCO Chowk Metro Station, Gurgaon– 121 001, Haryana.

3. National Load Despatch Centre,

B-9, Qutab Institutional Area, Katwaria Sarai, New Delhi, Delhi-110 016.

4. Western Region Power Committee,

F-3, MIDC Area, Marol, Andheri (East), Mumbai – 400 093.

5. Essar Steel India Limited,

27th KM on Surat-Hazira Road, Hazira -394 270 District-Surat.

6. Government of Madhya Pradesh Energy Department,

Mantralaya, Vallabh Bhavan, Bhopal – 462 004, Madhya Pradesh

…Respondent(s)


Parties Present:

Ms. Swapna Seshadri, Advocate, EPTCL

Shri Amal Nair, Advocate, EPTCL

Shri Devyani Prasad, Advocate, EPTCL


Sd/- Sd/- Sd/- Sd/-


(Ravinder Singh Dhillon) (Harish Dudani) (Ramesh Babu V.) (Jishnu Barua)

Member Member Member Chairperson


CERC Website S. No. 449/2026

ORDER

The Applicant, Essar Power Transmission Company Limited, now known as AMNS Power Transmission Company Limited (hereinafter referred to as EPTCL/ AMNS) has filed the instant Interlocutory Application (hereinafter referred to as ‘the IA’) seeking exemption/ deferment from payment of filing fees in respect of the Petition (Diary No. 233/2026) for the truing up of the transmission tariff for the 2014-19 and 2019-24 tariff periods.

2. The Petitioner, AMNS Power Transmission Company Limited, has filed the Petition (Diary No. 233/2026) for truing up of the transmission tariff for (a) Stage-1 Assets and (b) LILO in accordance with the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2014 (“2014 Tariff Regulations”) for the period from 1.4.2014 to 31.3.2019 and as per the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019 (“2019 Tariff Regulations”) for the period from 1.4.2019 to 31.3.2024.

3. The Petitioner, in the IA, has made the following prayers:

“a) Grant exemption from payment of filing fees, in whole or in part, as this Commission may deems it; and/or

b) In the alternative, grant deferment of payment of filing fees in respect of the accompanying Petition;

c) Pass any such other of further order as this Commission may deem it and proper in the facts and circumstances of the present case.

4. The Petitioner, in support of the reliefs sought in the IA, has submitted as under:

(a) EPTCL is an inter-State transmission licensee within the meaning of Section 2(73) of the Electricity Act, 2003. Due to regulatory and operational factors, the Petitioner is presently undergoing significant financial stress, which has affected its cash flows and liquidity position. The Commission, vide order dated 14.3.2022 in Petition No. 145/TT/2018, had determined the transmission tariff of ₹335.65 crore for the Stage-II Assets. Pursuant to the said tariff determination, CTUIL adjusted/recovered approximately ₹292 crore from the Petitioner on account of tariff adjustments arising from the revised tariff determination vide order dated 14.3.2022 in Petition No. 145/TT/2018, thereby affecting its cash flows, adversely impacting its financial position, and affecting its working capital availability.

(b) The tariff amounting to approximately ₹12.77 crore with respect to the LILO transmission line for the period from July 2020 to June 2022 remains unrecovered despite the APTEL’s judgment dated 1.7.2025 in Appeal No. 106 of 2020 (which was jointly preferred by MEL and EPTCL - the Applicant herein - against the Commission’s order dated 21.1.2020 in Petition No. 132/MP/2018), wherein the APTEL held that the LILO constitutes an inter- State transmission asset, the consequential remand order is yet to be passed by the Commission and the corresponding recovery through the POCO mechanism has not yet materialized. The tariff arrears of approximately ₹48.91 crore for the FY 2013–14 remain outstanding.

(c) Considering the nature of the instant Petition and issues involved, the cumulative adverse financial impact arising from the aforesaid factor(s) is approximately ₹353.68 crore. Further, the instant Petition covers two control periods, i.e., FY 2014–19 and 2019–24, resulting in higher filing fee liability. Accordingly, the payment of such substantial filing fees, at this juncture, would impose an undue financial burden in light of the prevailing liquidity constraints.

5. The IA was listed for the hearing on 25.5.2026, and after hearing the learned counsel(s) for the Petitioner, the Commission reserved the order on the IA.

Analysis and Decision

6. We have considered the submission of the learned counsel(s) for the Petitioner and perused the documents available on record. The issue arising for consideration in the IA is whether the Petitioner has established sufficient grounds under Regulations 26 and 27 of the Central Electricity Regulatory Commission (Conduct of Business) Regu

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