J U D G M E N T

PER HON’BLE MR. JUSTICE M. KARPAGA VINAYAGAM CHAIRPERSON “Whether a Consumer is liable to pay Cross Subsidy Surcharge to the Distribution Licensee for availing power supply under Open Access even during the period when the Distribution Licensee was unable to supply power to the said Consumer and had imposed power cuts on the consumer”?

1. This is the question posed in this Appeal.

2. M/s. Steel Furnance Association of India is the Appellant herein.

3. The Appellant filed a Petition before the Punjab State Commission praying for the direction that Cross Subsidy Surcharge should not be levied by the State Power Corporation on the Appellant when it purchased power under Open Access from outside when the Power Corporation was not able to supply power to the Appellant due to the power cuts imposed by the Power Corporation.

4. This prayer was rejected by the State Commission by the Impugned Order dated 8.8.2012.

5. Aggrieved by this Order, the Appellant has filed this Appeal.

6. The short facts are as follows:

(a) The Appellant is an Association of manufacturers of steel who use industrial arc furnace as part of their industrial process.

(b) The members of the Appellant are the po