Appeal No. 195 of 2022

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APPELLATE TRIBUNAL FOR ELECTRICITY AT NEW DELHI

(APPELLATE JURISDICTION)

Appeal No. 195 of 2022

Dated :

15.11.2022

Present: Hon’ble Mr. Justice R. K. Gauba, Officiating Chairperson

Hon’ble Mr. Sandesh Kumar Sharma, Technical Member

IN THE MATTER OF:

Jaiprakash Power Ventures Limited

Having its corporate office at:

JA House, 63 Basant Lok,

Vasant Vihar, New Delhi – 110057

…

Appellant

VERSUS

1.

Uttar Pradesh Power Corporation Limited

Shakti Bhawan, 14 Ashok Marg,

Lucknow – 226 001.

2.

Uttar

Pradesh

Electricity

Regulatory

Commission,

Through its Secretary,

Vidyut Niyamak Bhawan,

Vibhuti Khand, Gomti Nagar,

Lucknow –226010.

3.

Government of Uttar Pradesh

Through its Principal Secretary (Energy),

Bapu Bhawan, Lucknow – 226001.

4.

Government of Uttarakhand,

Through its Principal Secretary

(Irrigation and Power),

Dehradun, Uttarakhand.

….

Respondent(s)

Counsel for the Appellant(s)

:

Mr. Basava Prabhu Patil, Sr. Adv.

Mr. Ramanuj Kumar

Mr. Manpreet Lamba

Ms. Priyal Modi

Mr. Geet Ahuja

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Counsel for the Respondent(s)

:

Mr. Hemant Sahai

Mr. Nitish Gupta

Ms. Parichita Chowdhary

Mr. Allan Massey

Ms. Puja Priyadarshini

Mr. Shreshth Sharma

Mr. Nitish Gupta

Mr. Sagnik Maitra

Mr. Nipun Sharma

Mr. Nehul Sharma

Ms. Shefali

Mr. Saurobroto Dutta

Mr. Utkarsh Singh

Mr. Nishant Talwar

Mr. Avdesh Mandloi for R-1

J U D G M E N T

PER HON’BLE MR. SANDESH KUMAR SHARMA, TECHNICAL MEMBER

1. The present appeal has been filed by M/s Jaiprakash Power Ventures

Limited (hereinafter referred to as “the Appellant”) against the Order dated

22.02.2021(in short “the Impugned Order”) passed by the Uttar Pradesh

Electricity Regulatory Commission (in short “the State Commission”) in Petition

No. 1376 of 2018.

2. The Appellant is aggrieved by the decision of the State Commission for

not considering its prayer inter alia revision of Design Energy due to Change in

Law (in short “CIL”) event, occurred in the light of judgment passed by the

National Green Tribunal (in short “NGT”) and the Government of India (in short

“GOI”) notifications and also seeking direction for change in the computation of

saleable Design Energy under the provisions of the PPA.

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3. The Appellant is a generating company, a subsidiary company of

Jaiprakash Power Industries Limited (in short “JIL”) having been set up the

Vishnuprayag Hydro-electric Project (in short “VHEP”) with a capacity of 400

MW in the erstwhile State of Uttar Pradesh, now in the State of Uttarakhand

having signed PPA with Uttar Pradesh Power Corporation Limited (in short

“UPPCL”).

4. The UPPCL, the Respondent No. 1 is a Government company under the

control of the Government of Uttar Pradesh, responsible for planning and

managing the Transmission, Distribution and Supply of electricity.

5. The second Respondent, the State Commission has been established

under the Uttar Pradesh Electricity Regulatory Reforms Act, 1999 and has the

power to adjudicate the dispute in hand.

6. The third and fourth respondents are the Government of Uttar Pradesh

and Government of Uttarakhand.

7. On 14.10.1992, the parent company, JIL has signed an MoU with the

Government of Uttar Pradesh and subsequently with the erstwhile Uttar

Pradesh State Electricity Board (in short “UPSEB”) which was under the direct

control of the Government of Uttar Pradesh.

8. In pursuance to the MoU an agreement was signed on 20.09.1994 (in

short “Agreement”) with the UPSEB, giving permission to the Appellant to

establish, operate and maintain the said Vishnuprayag Hydro Electric Project

with the installed capacity of 400 MW. The initial period of the agreement has

been maintained as 30 years from the date of commissioning with the

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condition that it can be extended further for 20 years