aperc.gov.inaperc.gov.in/.../uploads/files/bba1e-rop_25.11.2017.docx · Web viewMytrah Vayu (Pennar) Pvt. Ltd Vs APSPDCL & 2 others Petition under Section 86 (1) (f) of the Electricity

Record of proceedings dated 25-11-2017

O.P. No. 2 of 2017M/s. Richmond Power Pvt. Ltd. Vs APEPDCL

Public hearing on Petition filed u/s 86 (1) (a) of the Electricity Act, 2003 r/w Regulation 55 [Saving of inherent power of the Commission] of the APERC (Conduct of Business)

Regulations, 1999

Sri P. Vikram, learned counsel for the petitioner and Sri G.V. Brahmananda Rao,

learned counsel representing Sri P. Shiva Rao, learned Standing Counsel for the

respondent are present.

At request, the matter is posted to 16-12-2017.

Call on: 16-12-2017 at 11:00 AM

Sd/- Sd/-MEMBER / PR CHAIRMAN

Public hearing on Load Forecasts, Resource Plans, Investment Plans and State Electricity Plan

Sri G.V. Brahmananda Rao, learned counsel representing Sri P. Shiva Rao, learned

Standing Counsel for the utilities, Sri K. Gopal Choudary, Advocate (Amicus Curiae) are

present.

Sri G.V. Brahmananda Rao, learned counsel representing learned Standing Counsel for

the utilities requested for further time for furnishing the information. Hence, the matter is

posted to 02-12-2017.

Call on: 02-12-2017 at 11:00 AM

Sd/- Sd/-1

MEMBER / PR CHAIRMANPublic hearing in the matter of 41 Nos. PPAs entered by APSPDCL with various wind power developers upto end of FY 2016-17 - FOR ORDERS

Sri G.V. Brahmananda Rao, learned counsel representing Sri P. Shiva Rao, learned

Standing Counsel for the Southern Power Distribution Company of Andhra Pradesh

Limited (APSPDCL) is present.

Hon’ble Technical Member is on other duty. Hence, the matter is posted for orders to

07-12-2017 at 3:00 PM

Call on: 07-12-2017 at 3:00 PM

Sd/- Sd/-

MEMBER / PR CHAIRMAN

Public hearing on Procurement of 400 MW Power from M/s. Simhapuri Energy Limited for a period of 12 years against 1000 MW Bids using imported coal from captive mines

as fuel under long term by APSPDCL under DBFOO bidding - Approval for tariff adoption under Section 63 of the Electricity Act 2003.

Sri K. Gopal Choudary, Advocate for M/s. Simhapuri Energy Limited, Sri G.V.

Brahmananda Rao, learned counsel representing Sri P. Shiva Rao, learned Standing

Counsel for the Southern Power Distribution Company of Andhra Pradesh Limited

(APSPDCL) are present.

At request of Sri G.V. Brahmananda Rao, learned counsel representing on behalf of the

Southern Power Distribution Company of Andhra Pradesh Limited (APSPDCL), due to

want of information to the counsel on any policy decision taken or not taken, the matter

is posted to 07-12-2017 at 3:00 PM.

Call on: 07-12-2017 at 3:00 PM

Sd/- Sd/-

2


O.P. No. 32 of 2017Sri. Puchchakayala Venkata Reddy Vs APTRANSCO & 3 others

Petition seeking compensation for violation of Andhra Pradesh Works of Licensee Rules, 2007 Rule 13 (1) & (2)

Sri P. Changal Reddy, learned counsel for the petitioner, Sri G.V. Brahmananda Rao,


respondents are present.


Call on: 23-12-2017 at 11:00 AM


O.P. No. 11 of 2017Sri Rammurthy Naidu Vs APTRANSCO & 5 others

Petitioner requesting the Commission to determine full compensation for all the losses and damages incurred to the trees, land and the property





Call on: 23-12-2017 at 11:00 AM


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O.P.No. 42 of 2017Sri Puchakayala Buchi Reddy Vs APTRANSCO & 3 others

Petition seeking compensation for violation of Rule 3 (5) read with Rule 13 (1) & (2) of the Andhra Pradesh Works of Licensee Rules, 2007




Counter filed. For rejoinder, if any, the matter is posted to 06-01-2018.

Call on: 06-01-2018 at 11:00 AM

Sd/- Sd/-


O.P.No. 43 of 2017Sri P. Chenna Reddy Vs APTRANSCO & 3 others

Petition seeking compensation for violation of Rule 13 (1) & (2) of the Andhra Pradesh Works of Licensee Rules, 2007





Call on: 06-01-2018 at 11:00 AM


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O.P.No. 44 of 2017

Sri. Mandapati Satyanarayana Reddy Vs APTRANSCO & 3 others






Call on: 06-01-2018 at 11:00 AM

Sd/-

Sd/-MEMBER / PR CHAIRMAN

O.P.No. 45 of 2017Sri. Midde Chennaiah Vs APTRANSCO & 3 others






Call on: 06-01-2018 at 11:00 AM


6

O.P. No. 26 of 2016 M/s. JITF Urban Infrastructure Ltd Vs APSPDCL

Petition under Section 86 (1) (a) of the Electricity Act, 2003 r/w Regulation 55 for a direction to apply agricultural tariff to Solid Waste Management Project to be setup in the State of A.P., under promotional benefit in line with the Hon’ble Supreme Court &

Ministry of Urban Development directives

Sri Prateek Khanna, learned counsel representing on behalf of Singh & Associates for

the petitioner and Sri G.V. Brahmananda Rao, learned counsel representing Sri

P. Shiva Rao, learned Standing Counsel for the Southern Power Distribution Company

of Andhra Pradesh Limited (APSPDCL) are present.

Sri Prateek Khanna, learned counsel filed Vakalat on behalf of Singh & Associates for

the petitioner. He also filed a copy of board resolution of the petitioner, stating that Sri

P. Ramakrishna, AGM (Liasioning) is the authorized representative of the petitioner in

the matter. The authorized representative of the petitioner and the learned counsel

endorsed on the petition that they are withdrawing the petition. Sri G.V. Brahmananda

Rao, learned counsel representing the learned Standing Counsel for the respondent

has no objection. The endorsement is recorded. Hence, the petitioner is permitted to

withdraw the petition and accordingly it is dismissed as withdrawn. No costs.


O.P. No. 24 of 2016 Aquawave Biotech Pvt Ltd Vs APSPDCL & 2 others

Petitioner challenging the Memo No. CGM/Opn/APSPDCL/TPT/RAC/F: /D. No. 282/2016 Dated 27-07-2016 issued by the Chief General Manager (Operations),

APSPDCL / Respondent No.2

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Sri Venkata Ranga Das K, learned counsel for the petitioner and Sri G.V. Brahmananda

Rao, learned counsel representing Sri P. Shiva Rao, learned Standing Counsel for the


Heard in part. For continuation at request, the matter is posted to 02-12-2017.

Call on: 02-12-2017 at 11:00 AM

Sd/- Sd/-


O.P. No. 20 of 2015 Empee Power Co (I) Ltd Vs APSPDCL

Petition u/s 62 r/w 86 (1) of the Electricity Act, 2003 for revision of tariff specified under Article 2.2 of the Power Purchase Agreement dated 23.05.2007

Sri K. Gopal Choudary, learned counsel representing Sri Challa Gunaranjan, learned

counsel for the petitioner and Sri G.V. Brahmananda Rao, learned counsel representing

Sri P. Shiva Rao, learned Standing Counsel for the respondent are present.


Call on: 20-01-2018 at 11:00 AM

Sd/- Sd/-


O.P. No. 21 of 2017M/s. Orange Uravakonda Wind Power Pvt. Ltd Vs APSPDCL & 2 others

Petition under Section 86 (1) (f) of the Electricity Act, 2003 r/w APERC (Conduct of Business) Regulations, 1999 requesting the Commission for direction to the

respondents to open Irrevocable Letter of Credit and payment of amounts deducted towards 2% rebate from monthly power bills; for payment of interest on delayed

payment in terms PPAs

8

Sri T. Vizhay Babu, learned counsel representing Sri Challa Gunaranjan, learned


Sri P. Shiva Rao, learned Standing Counsel for the respondents are present.

The respondents filed a statement showing the amounts said to have been credited to

the account of the petitioner in compliance with the orders of the Commission dated

28-10-2017. Sri T. Vizhay Babu, learned counsel for the petitioner sought for time for

verification and report about compliance of the orders of this Commission. Sri G.V.

Brahmananda Rao, learned counsel representing learned Standing Counsel for the

respondents sought for further time for filing additional counter concerning irrevocable

letter of credit. Hence, the matter is posted for further hearing to 16-12-2017.

Call on: 16-12-2017 at 11:00 AM

Sd/- Sd/-


O.P. No. 22 of 2017M/s. Khandke Wind Energy Pvt. Ltd Vs APSPDCL & 2 others


respondents to pay amounts wrongfully deducted towards rebate from monthly power bills; for payment of interest on delayed payment in terms PPAs., and to open

Irrevocable Letter of Credit





the account of the petitioner in compliance with the orders of the Commission dated 9






Call on: 16-12-2017 at 11:00 AM


O.P. No. 23 of 2017M/s. Orange Anantapur Wind Power Pvt. Ltd Vs APSPDCL & 2 others


respondents to open Irrevocable Letter of Credit; for payment of amounts deducted towards 2% rebate from monthly power bills and for payment of interest on delayed











letter of credit. Hence, the matter is posted for further hearing to 16-12-2017.10

Call on: 16-12-2017 at 11:00 AM

Sd/- Sd/-


O.P. No. 24 of 2017M/s. Tadas Wind Energy Pvt. Ltd Vs APSPDCL & 2 others


respondents to pay amounts wrongfully deducted towards rebate from monthly power bills; for payment of interest on delayed payment in terms PPAs., and to open

Irrevocable Letter of Credit











Call on: 16-12-2017 at 11:00 AM


O.P. No. 25 of 2017M/s. Mytrah Vayu (Pennar) Pvt. Ltd Vs APSPDCL & 2 others

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respondents to open Irrevocable Letter of Credit; payment of amounts deducted towards 1% rebate from monthly power bills and for payment of interest on delayed












Call on: 16-12-2017 at 11:00 AM

Sd/- Sd/-


O.P. No. 26 of 2017M/s. Mytrah Vayu (Krishna) Pvt. Ltd Vs APSPDCL & 2 others




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Call on: 16-12-2017 at 11:00 AM

Sd/- Sd/-


O.P. No. 27 of 2017M/s. Mytrah Vayu (Indravati) Pvt. Ltd Vs APSPDCL & 2 others







13








Call on: 16-12-2017 at 11:00 AM


O.P. No. 35 of 2017M/s. Jindal Aluminium Ltd Vs APSPDCL & 2 others











Brahmananda Rao, learned counsel representing learned Standing Counsel for the 14



Call on: 16-12-2017 at 11:00 AM

Sd/- Sd/-


O.P. No.36 of 2017 & I.A.No.27 of 2017 M/s. Orange Uravakonda Wind Power Pvt. Ltd Vs APSPDCL

Petition under Section 86 (1) (f) of the Electricity Act, 2003 r/w Article 10.4 of the Power Purchase Agreement dated 31-05-2016 entered between the parties in relation to non-acceptance of monthly invoices and non-payment for supply of electricity from 100.8 MW capacity wind power project of the petitioner at Belugappa in Anantapur District

Application filed under Section 151 of the Code of Civil Procedure, 1908 for interim order directing the respondent to clear the dues as per the PPA dated. 31-05-2016

Sri S. Niranjan Reddy, Sri Avinash Desai, Sri Siva Darshan, Ms. Neeti Niyaman,

learned counsel for the petitioner and Sri G.V. Brahmananda Rao, learned counsel

representing Sri P. Shiva Rao, learned Standing Counsel for the respondent.

Sri S. Niranjan Reddy, learned counsel for the petitioner and Sri G.V. Brahmananda


respondent are heard. Sri S. Niranjan Reddy, learned counsel for the petitioner

submitted that power was being injected into the grid by the petitioner and received by

the respondent from and after 29-06-2017 also up-to-date and the interim directions

given on 26-08-2017 may be made applicable for the subsequent supply and receipt of

power also, subject to the final determination of the dispute and without prejudice to the

rights and contentions of both parties in the main petition. If such power was injected

into the grid by the petitioner and received by the respondent obviously it was not

15

intended to be gratuitous and in the order dated 26-08-2017, elaborate reasons were

given as to why an interim measure is required in the interests of justice. The basis for

fixing the price at Rs.3.50 ps per unit was also explained in that order and hence, the

same interim arrangement has to be continued until determination of the dispute or any

earlier orders by this Commission and therefore, for the power injected by the petitioner

into the grid and received but not paid for by the respondent from 29-06-2017, the

respondent shall make payment to the petitioner at the rate of Rs.3.50 ps per unit so

long as such injection and receipt are continuing, subject to final determination of the

dispute on merits and without prejudice to the rights and contentions of both parties in

the main petition. The main petition is posted for hearing to 07-12-2017 at 3:00 PM.

Call on: 07-12-2017 at 3:00 PM


E.P. No. 1 of 2017 in Appeal No. 228 of 2012 (Before the Hon’ble ATE)(FOR COMPLIANCE REPORT)

M/s. SNJ Sugars and Products Ltd Vs APTRANSCO & 3 others

Petition filed by M/s. SNJ Sugars and Products Ltd u/s 120 (3) of the Electricity Act, 2003 for execution of the Hon’ble Appellate Tribunal for Electricity (ATE) judgment and order dt. 04-02-2013 was disposed by ATE, vide its order dt.31-05-2017 passed in E.P. No. 1 of 2017 in Appeal No. 228 of 2012. While disposing the execution petition, the ATE remanded the matter to the Commission only for the purpose of calculating the amount due to the petitioner as per the judgment of the ATE dt.04-02-2013, which

exercise shall be completed after hearing the parties within a period of two months from the date of receipt of the said order

Sri M.S. Prasad, learned Senior Counsel representing Sri Challa Gunaranjan, learned


Sri P. Shiva Rao, learned Standing Counsel for the respondents are present.16

The respondents filed a Memo stating that they paid an amount of Rs.1,43,96,057/- on

24-11-2017 as per the stand taken by them in the petition. In respect of the remaining

part of the order of this Commission dated 03-11-2017, the respondents claimed to

have filed an appeal before the Hon’ble Appellate Tribunal for Electricity on the same

date. Sri G.V. Brahmananda Rao, learned counsel representing the learned Standing

Counsel for the respondents admitted that no interim orders have been passed by the

Hon’ble Appellate Tribunal for Electricity on their appeal yet to be numbered. The

orders of the Hon’ble Appellate Tribunal for Electricity dated 31-05-2017 in

implementation of which, orders on its remand were passed by this Commission on

03-11-2017 were specific and clear that the Transmission Corporation of Andhra

Pradesh Limited (APTRANSCO) shall pay the amount quantified by this Commission

without any demur within a period of three weeks from the date of the State

Commission’s decision. Sri G.V. Brahmananda Rao, learned Standing Counsel

however relies on the liberty to both sides to approach the Tribunal if circumstances so

demand to justify his request for some more time to get an order from the Hon’ble

Appellate Tribunal for Electricity. This Commission is bound to implement in letter and

spirit, the order of remand by the Hon’ble Appellate Tribunal for Electricity and therefore,

the Transmission Corporation of Andhra Pradesh Limited (APTRANSCO) shall take

immediate steps for payment of the balance of the amount due to the petitioner in

accordance with the calculation and quantification by the Commission before the next

date of hearing, unless otherwise there are any further directions or orders of the

Hon’ble Appellate Tribunal for Electricity in the meantime. If such payment of entire

balance of the amount due is not made by the next hearing date, appropriate action will

have to be taken against those responsible for non-payment of the balance amount in

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obedience to the orders of the Hon’ble Appellate Tribunal for Electricity under Sections

142 and 146 of the Electricity Act, 2003 in accordance with law. Call on 07-12-2017.

Call on: 07-12-2017 at 03:00 PM

Sd/- Sd/-


I.A.No. 21 of 2017 in O.P. No. 3 of 2011M/s. Metkore Alloys & Industries Ltd Vs APEPDCL

Petition under Section 62 r/w 86 of the Electricity Act, 2003 for revisiting of the conditions stipulated in the Retail Supply Tariff Order for the FY 2011-12 for the

Category of HT-1 (b) consumers



Sri P. Shiva Rao, learned Standing Counsel for the respondent are present.

Time extended at request to rejoinder till 16-12-2017.

Call on: 16-12-2017 at 11:00 AM


O.P. No. 37 of 2017 & I.A.No. 13 of 2017M/s. Tata Power Renewable Energy Ltd., Vs APSPDCL & 3 others

Petition under Section 86 (1) (f) of the Electricity Act, 2003 r/w APERC (Conduct of Business) Regulations, 1999 challenging deduction of the Generation Based Incentive (GBI) amount from the payments due to the petitioner on account of energy supplied

under the PPA Dt. 31-10-2016 and to refund the same with interest



Sri P. Shiva Rao, learned Standing Counsel for the respondents are present.18


Call on: 06-01-2018 at 11:00 AM

Sd/- Sd/-


O.P. No. 38 of 2017 & I.A.No. 14 of 2017M/s. JED Solar Parks Pvt Ltd. Vs APSPDCL & 3 others







Call on: 06-01-2018 at 11:00 AM

Sd/- Sd/-


O.P. No. 39 of 2017 & I.A.No. 15 of 2017M/s. POLY Solar Parks Pvt Ltd. Vs APSPDCL & 3 others






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Call on: 06-01-2018 at 11:00 AM

Sd/- Sd/-


O.P. No. 51 of 2017 Sri. Ch. Chandra Mouli and Sri. Ch. Venugopal Rao Vs CMD/APTRANSCO & 5 others

Petition filed under sub-rules (1) (2) of Rule 13 of the Andhra Pradesh Works of Licensee Rules, 2007 and Section 19 of the Electricity Act, 2003

Sri P. Changal Reddy, learned counsel for the petitioners and Sri G.V. Brahmananda


APTRANSCO are present.

Time extended for counter till 06-01-2018.

Call on: 06-01-2018 at 11:00 AM

Sd/- Sd/-


O.P. No.50 of 2017 & I.A. No. 24 of 2017M/s. Axis Wind Farms (Anantapur) Private Ltd Vs APSPDCL & APPCC / APTRANSCO

Petition under Section 86(1) (f) of the Electricity Act, 2003 r/w Conduct of Business Regulations, for issuing directions to the respondents to release the payment forthwith

for the power supplied to them pursuant to the PPA’s dated 30.11.20116.

Application for interim directions under Section 151 of the Code of Civil Procedure, 1908

Ms. Rajeswari, AGM-Legal representing Sri S.V.S. Choudary, learned counsel for the

petitioner and Sri G.V. Brahmananda Rao, learned counsel representing Sri P. Shiva

Rao, learned Standing Counsel for the respondents are present.

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At request on behalf of Sri S.V.S. Chowdary, the matter is posted to 07-12-2017 at 3:00

PM.

Call on: 07-12-2017 at 3:00 PM

Sd/- Sd/-


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