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Appeal No. 186 of 2020 Page 1 of 16
IN THE APPELLA TE TRIBUNAL FOR ELECTRICITY
(Appellate Jurisdiction)
Appeal No. 186 of 2020
Dated: 30th November, 2021
Present: Hon’ble Mr. Justice R.K. Gauba, Judicial Member
Hon’ble Mr. Sandesh Kumar Sharma, Technical Member
In the matter of:
1.
NESCO Utility
Through Executive Engineer (Electrical),
Jajpur Road Electrical Division,
Odisha - 75501
.…
Appellant (s)
Versus
1.
2.
M/s. Jindal Stainless Limited
Through Senior Manager (Legal),
Kalinga Nagar Industrial Complex,
PO: Danagadi, District - Jajpur
Odisha - 755026
Odisha Electricity Regulatory Commission
Through Registrar
Plot No. 4, Chunukoli,
SaileshreeVihar,
Chandrasekharpur, Bhubaneswar-751021
Odisha
.…
….
Respondent No.1
Respondent No.2
Counsel on record for the Appellant(s): Mr. SajanPoovayya, Sr. Adv.
Mr. Anand Kumar Shrivastava
Ms. Raksha Agarwa
Ms. Anuja Jain
Mr. Utkarsh Khandelwal
Counsel on record for the Respondent(s): Mr. K. Gopal Choudhary
Mr. Hitendra Nath Rath for R-1
Mr. Rutwik Panda
Ms. Nikhar Berry
Appeal No. 186 of 2020 Page 2 of 16
Ms. Anshu Malik for R-2
JUDGMENT (ORAL)
Per Hon’ble Mr. Justice R.K. Gauba, Judicial Member:
1. The matter has been taken up by video conference mode on account
of pandemic conditions, it being not advisable to hold physical
hearing.
2. The Appeal at hand was presented by the Distribution Licensee,
earlier known as NESCO Utility, since vested in TP Northern Odisha
Distribution Limited (TPNODL) – the change in the description of
appellant allowed by separate short order of even date (on IA no.
1836 of 2021), the appellant carrying on the function of distribution of
electricity in Northern and North-Eastern Odisha. The first
Respondent – Jindal Stainless Limited (for short, “JSL”), operates and
maintains an integrated steel manufacturing plant at Kalinga Nagar
Industrial Complex, Jajpur Road, Odisha, operating and maintaining
a 2x125 MW Captive Generating Plant (CGP) and also drawing
electricity from the appellant.
3. The Appeal is directed against order dated 26.02.2018 passed by
Odisha Electricity Regulatory Commission (OERC or the State
Commission) directing the transaction of supply of electricity by the
Appellant herein to the first Respondent/JSL for the period
01.07.2012 to 31.07.2015 to fall in the category of “Emergency
Supply of CGP” under Regulation 80 (15) of OERC Distribution
(Conditions of Supply) Code, 2014 (hereinafter referred to as “the
Supply Code”). The Appellant had earlier approached the
jurisdictional High Court invoking its writ jurisdiction, but withdrew
Appeal No. 186 of 2020 Page 3 of 16
from there having taken liberty to approach this Tribunal by Appeal
which was filed subsequently.
4. The controversy which continues to rage between the parties pertains
to certain provisions of the Supply Code, the relevant parts whereof,
to the extent referred during the submissions before us, may be noted
as under:
“80. Licensee may classify or reclassify the consumer into
Appeal No. 186 of 2020 Page 4 of 16
5. The first Respondent JSL had entered into an Agreement with the
Appellant on 24.08.2005 for supply of electricity under the Large
Industrial category (“LI”) which was valid for five years. As noted
above, it operates and maintains a 2x125 MW Captive Generating
Plant (CGP). By letter dated 13.05.2018, the Odisha Power
Transmission Corporation Limited (OPTCL) had allowed JSL to avail
50 MW power at 220 kV u
