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SUPREME COURT
Mr. Justices, J
State Electricity Board – Appellant
Versus
Karnataka Power Transmission Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. factual background of the power purchase agreements and regulatory changes. (Para 2 , 3 , 4 , 6) |
| 2. arguments regarding regulatory powers and tariff modification. (Para 9 , 10) |
| 3. observations on the applicability of regulations to existing contracts. (Para 11 , 12 , 13) |
| 4. conclusively ruling against the tribunal's order. (Para 14) |
1. Heard Mr. K. V. Viswanathan, learned Senior Counsel for the appellant and Mr.G. Umapathy for Respondent 1.
3. Subsequently, by a supplemental agreement dated 29-10-2005 entered into between the appellant and Respondent 1, Paras 5.1 and 5. 2 of the agreement dated 4-4-2002 came to be modified. Under Para 5. 1 of the supplemental agreement, the rate of tariff was altered providing for a slightly higher tariff for purchase of power from Respondent 1.
5. Subsequently, in the year 2011, fresh Regulations viz. the KERC (Power Procurement from Renewable Sources by Distribution Licensee and Renewable Energy Certificate Framework) Regulations, 2011 (for short "the 2011 Regulations") came to be issued and notified. Under Regulation 9 of the 2011 Regulations, it was provided that -
"9. Determination of tariff for electricity from renewable sources
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