ORDER

The Petitioner, POWERGRID Khavda II-C Transmission Limited (hereinafter referred to as, “PKIICTL”), has filed the present Petition under Section 14 of the Electricity Act, 2003 (in short ‘the Act’) read with the Central Electricity Regulatory Commission (Procedure, Terms and Conditions for Grant of Transmission Licence and other related matters) Regulations, 2024 for amendment of the existing RTM Transmission Licence to PMTL to include the transmission project “Implementation of 2 nos. of 220 kV Bus Sectionalizers at 220 kV level of Gadag -II 400/220 kV PS” under the Regulated Tariff Mechanism (hereinafter referred to as “RTM”) mode (hereinafter referred to as the “transmission project”). The scope of the project for which a transmission licence has been sought is as under:

The Petitioner has made the following prayers:

“(a) Amend the existing RTM Transmission License to incorporate the transmission project “Implementation of 2 nos. of 220 kV Bus Sectionalizers at 220 kV level of Gadag -II 400/220 kV PS” assigned by CTUIL vide OM dated 17.02.2026 under Regulated Tariff Mechanism (RTM) mode.

(b) Allow the Petitioner the liberty to approach the Hon’ble Commission with actual cost on completion of works for determination of transmission charges for the aforementioned additional scope in accordance with Section 61, 62 of the Electricity Act, 2003 and applicable Tariff Regulations as per 10 (2) of the Transmission License Regulations, 2024.

(c) Condone any inadvertent omissions/ shortcomings/ errors and permit the Petitioner to add/ modify/ alter this Petition and make further submissions as may be required at a future date.

(d) Pass such other orders, as may be deemed fit and proper in the facts & circumstances of the case.

”

The Petitioner has submitted that the Commission vide Order dated 30.5.2025 in Petition No. 439/MP/2024 has approved amalgamation/ merger as well as the consequent assignment of the transmission licence(s) of the Petitioner Nos.1 to 12 and to Petitioner No. 13, i.e., the Present Petitioner. The relevant extracts of the said Order are as under:

“26. The Petitioners have sought assignment/ transfer of licences granted to Petitioner No. 1 to Petitioner No. 12 in favour of Petitioner No. 13 pursuant to and as an effect of the Scheme in terms of sub-section 17(3) of the Act. Given that we have already accorded our approval to the amalgamation/merger of the Petitioner Nos. 1 to 12 with the Petitioner No.13 in terms of the Scheme of Arrangement under Section 230-232 of the Companies Act, we also accord in-principle approval the consequent assignment of the transmission licences granted to Petitioner Nos. 1 to 12 in favour of Petitioner No. 13. Needless to add, consequent to the assignment of licences, all rights, assets, liabilities and obligations of these licensees in respect of the transmission business shall vest in Petitioner No. 13 i.e. POWERGRID Khavda II-C Transmission Limited. POWERGRID Khavda II-C Transmission Limited shall also remain bound by the terms and conditions of licences granted to Petitioner Nos. 1 to 12.

27. However, as noted above, the Scheme of Arrangement under Section 230-232 of the Companies has been filed before the Ministry of Corporate Affairs (MCA) for its sanction and approval under the relevant provisions of the Companies Act, read with the Ministry of Corporate Affairs’ Notification No. GSR 582(E) dated 13.6.2017 and Notification No. G.S.R 463(E) dated 5.6.2015 and the approval of the MCA thereof is currently pending. Accordingly, the approval of the amalgamation/merger as well as the consequent assignment of the transmission licence(s) of the Petitioner Nos.1 to 12 with Petitioner No.13, as accorded by us in the foregoing paragraphs, shall be subject to the MCA’s sanction and approval of the Scheme. Further, upon the receipt of the MCA’s sanction and approval of the Scheme, the Petitioners shall also place on record a copy of such sanction and approval in the fi