ORDER

Background Petition No.179/MP/2016 was filed by the Petitioner, KSK Mahanadi Power Company Limited (KSKMPCL), under Sections 79 (1)(b) and 79 (1)(f) of the Electricity Act 2003, for adjudication of claims towards compensation arising out of 'change in law' and consequential reliefs as per provisions of the PPA dated 27.11.2013 entered into by it with the Respondent TANGEDCO, and the Commission vide its order dated 8.10.2018 disposed of the same, holding as under:

“57. As stated, the CSA dated 19.3.2014 with SECL and the tapering linkage FSA of the Petitioner dated 19.3.2014 and 12.8.2014 for supply of coal for Units I & II were cancelled by the Hon’ble Supreme Court and thereby ceased to exist with effect from 1.7.2015. The Petitioner entered into an MOU with SECL on 13.7.2015 for supply of coal to the Project, which was subsequently extended till 30.6.2016. In our view, no reliance can be made by the Petitioner on the said MOU to claim impact of the change in law event, as the MOU cannot be a substitute to the CSA which had been cancelled by the Hon’ble Supreme Court. In this background, we are of the view that the Petitioner is not entitled for any compensation for shortage o