Back
Page 1 of 66
IN THE APPELLATE TRIBUNAL FOR ELECTRICITY
(Appellate Jurisdiction)
Appeal No. 450 of 2019 &
IA No. 2146 of 2019 and IA No. 14 of 2020
Dated:
31.10.2022
Present:
Hon’ble Mr. Justice R.K. Gauba, Officiating Chairperson
Hon’ble Mr. Sandesh Kumar Sharma, Technical Member
In the matter of:
Kanchanjunga Power Company Pvt. Ltd
Through its Authorized Representative
B-37, 3rd Floor, Sector-1, Noida,
Gautam Budh Nagar, (UP)- 291301
...APPELLANT
VERSUS
1. Central Electricity Regulatory Commission
Through its Secretary,
3rd and 4th Floor, Chanderlok Building,
36, Janpath, New Delhi- 110001
2. A. D. Hydro Power Limited
Through its Managing Director,
Bhilwara Towers, A-12,
Sector 1, Noida-201301,
Uttar Pradesh
3. Everest Power Private Ltd.,
Through its Managing Director,
1st House, Bhumian Estate,
Navbahar Bhimian Road, Chhota Shimla,
Shimla-170002, Himachal Pradesh
4. Central Electricity Authority
Through its Secretary,
Sewa Bhavan, Sector -1,
R. K. Puram, New Delhi-110066
5. Ministry of Power, Government of India
Through its Secretary,
Page 2 of 66
Shram Shakti Bhavan,
Rafi Marg, New Delhi-110001
6. Power Grid Corporation of India Ltd,
Through its Managing Director,
Sector 29, Gurgaon,
Haryana-122001
7. Northern Regional Load Despatch Centre
Through its Authorized Representative
Katwaria Sarai,
New Delhi-110016
8. Ministry of Power, Government of Himachal Pradesh
Through its Secretary,
Shimla-171002,
Himachal Pradesh
9. Himachal Pradesh State Electricity Board
Through its Director ,
Khalini, Shimla-171002,
Himachal Pradesh
10. Himachal Pradesh Power Transmission Corporation Ltd
Through its Managing Director,
Khalini, Shimla-171002,
Himachal Pradesh
11. Department of Forests,
Government of Himachal Pradesh
Through its Secretary
Shimla-171002,
Himachal Pradesh
…RESPONDENTS
Counsel for the Appellant(s) :
Mr. Sajan Poovayya, Sr. Adv.
Mr. Buddy A. Ranganadhan
Mr. Hemant Singh
Mr. Biju Mattam
Mr. Mridul Chakravarty
Mr. Lakshyajit Singh Bagdwal
Mr. Harshit Singh
Ms. AlchiThapiyal
Ms. Raksha Agarwal
Page 3 of 66
Ms. Sindhuja Rastogi
Ms. Ankita Bafna
Mr. Lavanya Panwar
Mr. Pratibhanu Singh Kharola
Mr. Tushar Srivastava
Ms. Shruti Awasthi
Ms. Soumya Singh
Mr. Karan Govel
Mr. Anirban Mondal
Mr. Sharan Balakrishna
Mr. Anurag Sharma
Mr. Ali Moid
Counsel for the Respondent(s) :
Mr. Basava Prabhu Patil, Sr. Adv.
Dr. Seema Jain
Mr. Vimlesh Kumar
Mr. Geet Ahuja
Mr. Dushyant Mahant for R-2
Mr. Gajendra Singh
Mr. Prashant Garg
Ms. Anisha Chopra for R-7
J U D G M E N T
PER HON’BLE MR. SANDESH KUMAR SHARMA, TECHNICAL MEMBER
1. The Appellant, M/s. Kanchenjunga Power Company Private Limited,
has filed the instant Appeal, being aggrieved by the order dated 17.10.2019
(in brief ―Impugned Order‖) passed by the Central Electricity Regulatory
Commission in Petition No. 209/MP/2017, wherein the Central Commission
has determined the transmission tariff for the 220 kV Transmission Line
built by M/s AD Hydro Power Limited, the Respondent No. 2 in
contravention to the CERC (Sharing of Inter-State Transmission Charges
and Losses) Regulations, 2010 (hereinafter referred to as the ―CERC
Sharing Regulations‖), the Electricity Act, 2003 (hereinafter referred to as
―the Act‖), as well as the observations of this Tribunal, and the Hon‘ble
Page 4 of 66
Supreme Court, also stating that the recovery of transmission charges
towards usage of the transmission line, despite being part of an Inter-State
Transmission System, should be done as per the Point of Connection
(PoC) mechanism.
PARTIES
2. The Appellant, Kanchanjunga Power Company Private Limited (in
short ―Appellant‖ or ―KPCPL‖), is a company incorporated under the
provisions of the Companies Act, 1956, and has set up a 24 MW Small
Hydro Electric Project near Village Hallan-II, district Kullu, Himachal
Pradesh and is the transmission user of the t
