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Ord Date In the issua And i Follo der in Petiti CENT of Hearing e matter of Petition nce of appr in the matt Everest P 1 Allian D 2 Central 3 Ministry 4 Power G 5 Norther 6 Ministry 7 Himach 8 H.P. Po 9 Departm owing were 1. Shri M 2. Shri T 3. Shri V 4. Shri K Prade 5. Shri S 6. Shri R 7. Shri D 8. Shri Ja 9. Shri A 10. Ms. R ion No. 259 TRAL ELEC Coram g: 29.3.201 f under Sec ropriate /ne ter of Power Priva Vs Duhangan h Electricity y of Power, Grid Corpo rn Regional y of Power, hal Pradesh ower Transm ment of Fo e present: M.G.Ramch Tarun Johri, Vikas Singh Kulbir Singh esh S. K. Bhowm R.S.N.P. Ac D. P. Sinha, aideep Lak Ankur Gupta anjitha, EP 9/2010 CTRICITY NEW Petition N alo IA No.4/2 m: Dr. Pram Shri S.J Shri V.S Shri M.D 1 ctions 60 ecessary di ate Limited hydro Powe Authority, N New Delhi ration of Ind l Load Desp Govt. of H h State Elec mission Co orest, Govt. andran, Ad Advocate f , Senior Ad h Chauhan mick, EPPL chanta, EPP EPPL khtakia, EPP a, EPPL PPL REGULAT W DELHI No. 259/20 ongwith 2011 & 5/2 mod Deo, C Jayaraman S.Verma, M Deena Day and 79 of rections to er Limited, New Delhi dia Ltd., G patch Cent Himachal Pr ctricity Boar orporation L . of Himach dvocate for for the petit dvocate for , Dy. Distri L PL PL TORY COM 009 011 Chairperso n, Member Member alan, Mem Date f the Elec the respon P Noida urgaon re radesh rd, Shimla Ltd., Shimla hal Pradesh the petition tioner the Respon ict Attorney Pa MMISSION on mber e of Order: ctricity Act dents. Petitioner h, Shimla .. Respo ner ndent No.1 y, Govt. of age 1 of 27 1.6.2011 ,2003 for . ndents Himachal 7
28

CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

May 15, 2020

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Page 1: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

Ord

Date In the issua And i

Follo

der in Petiti

CENT

of Hearing

e matter of Petition

nce of appr

in the matt

Everest P 1 Allian D2 Central 3 Ministry4 Power G5 Norther6 Ministry7 Himach8 H.P. Po9 Departm

owing were

1. Shri M2. Shri T3. Shri V4. Shri K

Prade5. Shri S6. Shri R7. Shri D8. Shri Ja9. Shri A10. Ms. R

ion No. 259

TRAL ELEC

Coram

g: 29.3.201

f

under Secropriate /ne

ter of

Power PrivaVs

Duhangan hElectricity

y of Power, Grid Corporn Regionaly of Power, hal Pradeshower Transmment of Fo

e present:

M.G.RamchTarun Johri,Vikas SinghKulbir Singhesh S. K. BhowmR.S.N.P. AcD. P. Sinha,aideep Lak

Ankur Guptaanjitha, EP

9/2010

CTRICITY NEW

Petition Nalo

IA No.4/2

m: Dr. Pram Shri S.J Shri V.S Shri M.D

1

ctions 60 ecessary di

ate Limited

hydro PoweAuthority, NNew Delhiration of Indl Load DespGovt. of H

h State Elecmission Coorest, Govt.

andran, Ad Advocate f, Senior Adh Chauhan

mick, EPPLchanta, EPP EPPL

khtakia, EPPa, EPPL

PPL

REGULAT

W DELHI

No. 259/20ongwith 2011 & 5/2

mod Deo, CJayaramanS.Verma, MDeena Day

and 79 ofrections to

er Limited, New Delhi

dia Ltd., Gpatch Cent

Himachal Prctricity Boarorporation L. of Himach

dvocate for for the petit

dvocate for , Dy. Distri

L PL

PL

TORY COM

009

011

Chairperson, MemberMember alan, Mem

Date

f the Electhe respon

… P

Noida

urgaon re radesh rd, Shimla

Ltd., Shimlahal Pradesh

the petitiontioner the Responict Attorney

Pa

MMISSION

on

mber

e of Order:

ctricity Actdents.

Petitioner

h, Shimla ..

Respo

ner

ndent No.1 y, Govt. of

age 1 of 27

1.6.2011

,2003 for

. ndents

Himachal

7

Page 2: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

Ord

engag

Hydro

Opera

Powe

imple

of Him

1 per

Resp

statio

prese

seeki

der in Petiti

11. Shri U12. Shri S13. Shri P14. Shri S15. Shri R16. Ms. Jy

The Petit

ged in exe

o Electric P

ate and Tr

er Limited is

ementation

machal Pra

rtains to th

ondent No.

on to the s

ent petition

ng direction

(a) Th

tra

the

Hy

(b) Th

an

ion No. 259

U. C. DubeySumit Garg,Praveen, ADS. Thulasi NR. C. Kaundyoti Prasad

ioner, Ever

ecuting, imp

Project in

ransfer bas

s another g

of 192 MW

adesh. The

he use of 2

. 1 by the p

ub-station

under Sect

ns/clarificat

e methodo

ansmission

e petitioner

ydro Electric

e methodo

d ADHPL f

9/2010

y, ADHPL ADHPL

DHPL Naik, ADHPdal, Govt. of, NRLDC

O

rest Power

plementing,

Kullu Distr

sis. The Re

enerating c

W Allain Duh

dispute be

220 kV D/C

petitioner fo

of PGCIL

tion 60 of th

tions on the

ology and

charges b

r and AD

c Project (A

ology of sh

for use of th

L f Himachal

RDER

Private Lim

, and deve

ict of Hima

espondent

company en

hangan Hyd

etween the

C ADHEP-

or evacuatio

at Nalagar

he Electricit

e following i

process

by the petiti

DHPL of 22

ADHEP)-Na

haring of e

he said line

Pradesh

mited, a ge

eloping a 2x

achal Prad

No.1, Alla

ngaged in t

dro Electric

Petitioner a

Nalagarh T

on of powe

rh. The pet

ty Act, 2003

issues:

for compu

oner and A

20 kV D/

alagarh tran

nergy loss

;

Pa

nerating co

x50 MW M

esh on Bu

in Duhang

he develop

c Project in

and Respon

Transmissio

er from its g

titioner has

3 (“the 2003

utation and

ADHPL, fo

/C Allian D

nsmission li

es by the

age 2 of 27

ompany is

Malana –II

uild, Own,

an Hydro

pment and

the State

ndent No.

on line of

generating

s filed the

3 Act”) for

d sharing

or use by

Duhangan

ine;

petitioner

7

Page 3: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

Ord

2. A

issue

limite

der in Petiti

(c) Th

de

(d) Th

pri

(e) Th

co

AD

is t

(f) Sc

Ma

of

(g) All

(TS

Co

sys

on

Sy

(h) A d

(i) An

the

After hearin

d notice to

d to the qu

ion No. 259

e method

termination

e method

ority of use

e operation

nstructed b

DHEP-Nala

to be LILOe

cheduling, m

alana-II HE

the respect

commerci

SA) betwe

ommission`

stem and s

the IEGC

ystem.

direction to

ny other ord

e facts and

ng the petit

o the respo

estion of ju

9/2010

and proc

n of the cap

and proce

e by the pet

n and cont

by the pet

garh transm

ed for evac

metering an

P and ADH

tive genera

al aspects

een ADHPL

s regulatio

scheduling

C and RLD

both partie

der that the

circumstan

ioner on 23

ondents. Th

urisdiction o

cess to be

pital cost o

ess to be

titioner and

trol of 132/

titioner and

mission line

uation of th

nd account

HEP by NR

ator;

of the Tra

L and EP

ns applicab

and opera

DC norms

es to conclu

e Commissi

nces of the

3.9.2010, w

he Respon

of the Comm

e adopted

of the said li

adopted f

ADHPL fo

220 kV su

d at which

e being con

he power by

ting of the

RLDC at the

ansmission

PL should

ble for inte

ational issue

for Inter

ude the TSA

ion may de

case.

we had adm

ndent No. 1

mission to e

Pa

for calcula

ine;

for ascerta

or the said

ub-station a

h point the

nstructed b

y Malana-II

power gen

e individual

Service A

be based

r-State tran

es should

State Tran

A within two

eem fit and

itted the pe

1 filed a s

entertain th

age 3 of 27

ation and

aining the

line;

at Chhaur

e 220 kV

by ADHPL

HEP;

erated by

periphery

Agreement

d on the

nsmission

be based

nsmission

o weeks.

proper in

etition and

hort reply

he petition

7

Page 4: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

Ord

under

Load

petitio

subm

includ

Hima

28.10

of tra

Resp

accor

regula

and s

Inter-

vide a

3.

No.1

the p

before

the q

Applic

No. 5

the IA

der in Petiti

r section 60

Despatch

oner as qu

mitted that

ding meterin

chal Prade

0.2010 has

ansmission

ondent No

rdance with

ations of C

sharing of

State Tran

affidavit dat

During the

submitted

petition sinc

e proceedin

uestion of j

cations, na

5/2011 seek

As on 8.3.2

ion No. 259

0 or 79 of t

Centre ha

uoted in s

all operat

ng and sch

esh Power

submitted

n corridors

o.1 should

h the bench

CERC conce

transmissio

smission S

ted 18.11.2

hearing on

that the Co

ce the tran

ng to the m

jurisdiction.

amely IA No

king interim

2011. Respo

9/2010

the 2003 A

as filed a r

sub-para (f

tional and

heduling etc

Transmissi

that keepin

s in Hima

d execute

hmarks and

erning dete

on charges

System (IST

2010.

n 7.12.2010

ommission

nsmission l

merits of the

. Subsequ

o. 4/2011 s

m reliefs. No

ondent No.

Act. Respo

reply with

f) of the p

commerc

c., shall be

ion Corpora

ng in view t

achal Prad

Transmis

d conditions

ermination o

s and loss

TS). The p

0, the learn

does not h

ine is a de

e case, the

uently, the p

seeking am

otices were

.1 filed its r

ondent No.5

response t

preceding

ial coordin

at Nalagarh

ation Limite

the need fo

desh, the

ssion Serv

s imposed

of tariff of t

es by vari

petitioner h

ed counse

ave the jur

edicated tra

Commissio

petitioner fi

mendment o

e issued to

reply to the

Pa

5, Northern

to the pray

paragraph

nation with

h. Respond

ed in its re

or optimum

petitioner

vice Agree

under the

the transmi

ous benefi

as filed its

l for the Re

risdiction to

ansmission

on should fi

led two Inte

of the petitio

the respon

IAs vide it

age 4 of 27

Regional

yer of the

and has

h NRLDC

dent No.8,

eply dated

utilization

and the

ement in

prevailing

ssion line

iciaries of

rejoinder

espondent

o entertain

n line and

rst decide

erlocutory

on and IA

ndents on

ts affidavit

7

Page 5: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

Ord

dated

on 29

4. Th

Electr

seeki

couns

sectio

the C

Act t

Proce

purpo

jurisd

try an

5. R

subm

Centr

1999

averre

has b

issue

Comm

Resp

under

der in Petiti

d 15.3.2011

9.3.2011 on

he petitione

ricity Regu

ng amendm

sel for the

on 60 of the

Commission

to entertain

eedings of t

ose of inc

iction unde

nd adjudicat

Responden

mitted that th

ral Electrici

(hereinafte

ed any def

been plead

raised in

mission has

ondent No.

r section 60

ion No. 259

and the P

n the mainta

er has filed

ulatory Com

ment to the

petitioner

e 2003 Act,

n has the ju

n the peti

the same d

corporating

er section 7

te the issue

t No.1, AD

he applicat

ty Regulato

er “Conduct

fect or erro

ded which

the petiti

s reserved

.1 has furth

0 of the 20

9/2010

etitioner ha

ainability of

d IA No.4/2

mmission(C

e cause title

submitted

he had arg

urisdiction u

tion which

ate. The pe

its conten

79(1)(c),(d)

e raised in t

DHPL in it

tion is not m

ory Commi

t of Busine

or in the pr

necessitate

ion and th

its order a

her submitte

003 Act whe

as filed its re

f the IAs an

2011 under

Conduct of

e and para

that thoug

gued during

under secti

h was also

etitioner ha

ntions in

and (f) and

the petition

ts reply da

maintainab

ssion (Con

ss Regulat

roceedings

e the amen

he applicat

after extens

ed that the

ereas by vi

ejoinder. Th

d on the m

Regulation

Business)

45 of the p

gh the petit

g the hearin

on 79(1)(c)

o recorded

s filed the I

respect of

d section 6

.

ated 15.3.2

le under R

nduct of Bu

tions”) as th

. Moreover

ndment for

tion has b

sively hear

petitioner

rtue of the

Pa

he matter w

erits of the

n 114 of th

) Regulatio

petition. Th

tion was fi

ng on 23.9.

) and (f) of

d in the R

IA No. 4/20

f the Com

60 of the 20

2011 to th

Regulation 1

siness) Re

he petitione

r, no new f

r adjudicati

been filed

ring the pa

had filed th

present ap

age 5 of 27

was heard

case.

he Central

ons, 1999

e learned

led under

.2010 that

f the 2003

Record of

011 for the

mmission’s

003 Act to

e IA has

114 of the

gulations,

er has not

fact/event

on of the

after the

rties. The

he petition

pplication,

7

Page 6: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

Ord

the pe

differe

basic

petitio

6. W

with r

7. Th

Howe

on 23

sectio

read

inter-

note

was i

short

12.11

reply

sectio

7.12.2

Comm

that t

79 o

Resp

der in Petiti

etitioner is

ent section

ally in the n

oner had no

We have co

regard to th

he petitione

ever, during

3.9.2010, th

on 60 of the

with sectio

State Trans

of the subm

ssued to th

reply con

.2010. It

that “the is

on 79 or se

2010, the

mission in w

the petition

f the Act.

ondent No

ion No. 259

invoking th

n viz. sect

nature of re

o case eithe

onsidered t

e admissib

er had initia

g the cours

he learned

e 2003 Act,

on 79(1)(c)o

smission Sy

missions of

he responde

nfined to th

has been a

ssues raised

ection 60 of

matter wa

which the l

was neith

Thus bot

.1 has argu

9/2010

he jurisdictio

tion 79(1)(

ejoinder to t

er under se

he submiss

bility of the I

lly filed the

e of argum

counsel fo

, the petitio

of the 2003

ystem as p

f the petitio

ents to file

he questio

averred by

d in the pre

f the 2003 A

as argued

learned cou

er maintain

th in the

ued on the

on of the C

(f) of the

the case of

ection 60 or

sion of the

IA for amen

petition un

ment at the

or the petiti

on was main

3 Act since

per the defin

oner, the pe

their replies

on of jurisd

the Respo

esent petitio

Act.” Durin

on the q

unsel for th

nable unde

written ple

question o

ommission

2003 Act.

f the Respo

r section 79

petitioner a

ndment of th

nder section

admission

oner subm

ntainable u

the transm

nition of IST

etition was

s. The Res

diction vide

ondent No.

on do not fa

g the heari

question of

he Respond

r section 6

eadings an

of maintaina

Pa

under an a

The appl

ondent No.

9 of the 200

and respond

he petition.

n 60 of the

stage of th

mitted that a

nder sectio

mission sys

TS in the Ac

admitted a

spondent No

e its affida

1 in para

all within the

ng of the p

f jurisdictio

dent No.1 s

60 nor unde

nd oral su

ability of th

age 6 of 27

altogether

ication is

1 that the

03 Act.

dent No.1

2003 Act.

he petition

apart from

on 79(1)(f)

tem is an

ct. Taking

and notice

o.1 filed a

avit dated

22 of the

e ambit of

petition on

on of the

submitted

er section

ubmission,

he petition

7

Page 7: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

Ord

under

seeks

record

in this

the s

petitio

60 of

No.1

as du

on 29

jurisd

amen

petitio

in the

8. B

decid

Electr

raised

Juris

9.

down

chron

der in Petiti

r section 7

s to amend

d its case u

s respect.

submission

on is maint

the 2003 A

has also ex

uring the he

9.3.2011.

iction in the

ndment of t

on under S

e petition. T

Before we c

ed is whet

ricity Act, 2

d in the pet

sdiction of

For decidin

the factua

nological se

ion No. 259

79 of the A

d the cause

under secti

In our vie

of the pe

ainable und

Act under w

xtensively d

earing of th

It is for

e matter an

the petition

ection 79 o

The IA No. 4

consider th

ther the Co

003 or the

tition.

the Comm

ng the que

al matrix as

equence of

9/2010

Act. By virt

e title and p

ion 79 of th

ew, the Com

etitioner du

der section

which the ap

dealt with s

he petition o

the Comm

nd if so, und

, the Comm

of the Act in

4 of 2011 is

he petition o

ommission

regulations

mission

stion of jur

s culled ou

events are

ue of filing

para 45 of t

he 2003 Ac

mmission ha

uring the h

n 79 of the

pplication h

section 79 in

on 7.12.20

mission to

der which p

mission is w

n addition S

s disposed

on merit, th

has the ne

s made ther

risdiction, w

ut from the

as under:

g IA No. 4/

the petition

ct and to ob

as already

hearing on

2003 Act i

has been file

n its reply to

10 and also

decide as

provision of

within its po

Section 60

of accordin

he first issue

ecessary ju

reunder to d

we conside

e pleadings

Pa

/2011, the

in order to

bviate any

taken cogn

23.9.2010

n addition t

ed. The Re

o the petitio

o during th

s to wheth

f law. Witho

ower to con

of the Act a

ngly.

e which ne

urisdiction u

deal with th

r it necess

s of the pa

age 7 of 27

petitioner

o bring on

confusion

nizance of

0 that the

to section

espondent

on as well

e hearing

er it has

out formal

nsider the

as prayed

eeds to be

under the

he dispute

ary to lay

rties. The

7

Page 8: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

Ord

der in Petiti

(a) Evere

engaged in

II Hydro E

Own, Oper

(ADPHL)

implementa

Hydro Elec

Build, Own

(b) As per

Electricity A

public and

tributaries

ADHEP an

Power Grid

Power Grid

and Kol Da

(c) Centra

39 dated

underElect

Power Gri

adequacy

accordingly

pooling poi

ion No. 259

est Power

n executing

lectric Proj

rate and Tr

is also a

ation, deve

ctric Projec

n, Operate a

the power

Authority a

d private

of Beas Ri

nd Malana I

d at Panars

d for evacu

am HEP of

al Electricity

20.8.2002

tricity (Supp

id after de

of land

y, the decis

int instead o

9/2010

Private Li

, implemen

ject in Kull

ransfer bas

a generat

lopment an

ct(ADHEP)

and Transfe

r evacuatio

and Powerg

sector hy

ver in Kullu

I HEP were

sa/Banala w

uation of po

NTPC.

y Authority

accorded

ply) Act, 19

etailed rou

for constr

sion to take

of Allain Du

imited (EP

nting and de

u District o

is. Allain D

ting comp

nd operatio

in Kullu D

er basis.

on arrangem

grid Corpor

ydro powe

u Valley, se

e to termina

which was p

ower from P

in its letter

techno-ec

948. As pe

te survey

ruction of

e the line fr

uhangan to

PL) is a g

eveloping th

of Himacha

Duhangan H

pany enga

n of 2x96 M

istrict of H

ment envisa

ration of Ind

r projects

eparate tran

ate at 400 k

planned an

Parbati II a

File No.2/H

conomic cle

er para 4(v

was requ

Parbati

rom Allain D

Nalagarh w

Pa

generating

he 2x50 MW

al Pradesh

Hydro Powe

aged in e

MW Allain D

imachal Pr

aged by th

dia Limited

coming u

nsmission l

kV Pooling

d construct

nd III HEP

HP/18/96-P

earance to

vii) of the s

ired to co

pooling po

Duhangan t

was to be r

age 8 of 27

company

W Malana

on Build,

er Limited

execution,

Duhangan

radesh on

he Central

d for large

up in the

lines from

Station of

ted by the

of NHPC

PAC/8108-

o ADHEP

said letter,

onfirm the

oint, and

to Parbati

eviewed.

7

Page 9: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

Ord

der in Petiti

(d) On 1

long term o

commissio

commissio

No.1 appro

14.8.2006

Panarsa p

Responden

PGCIL gra

(e) Minis

accorded i

overhead

Governme

107/2007-F

termination

Electricity A

Power for

following co

(i) Wh

Nala

is ap

by P

ion No. 259

8.7.2005,

open acces

ning sche

ning of AD

oached Ce

informed P

pooling st

nt No.1 a

nted conne

stry of Pow

its approva

lines up t

nt of India

FC dated 1

n of the de

Authority w

grant of s

onditions to

hile finalizin

agarh 220 k

ppropriately

POWERGR

9/2010

Responden

ss. PGCIL

edule of P

DHEP. Con

entral Elect

PGCIL that i

tation, the

at Nalagar

ectivity to A

wer, Gover

al under se

to Nalagar

a accorded

5.4.2009 a

dicated tra

while recomm

sanction un

o be compli

ng the corr

kV D/C line

y co-ordina

RID for the

nt No.1 ma

in its lette

Panarsa w

nsequent t

tricity Auth

if there was

n connect

rgh inter-c

DHEP at N

nment of I

ection 68

h. Ministry

d forest c

nd No.8-10

nsmission

mending th

nder sectio

ied with by

ridor of the

e, ADHPL s

ated with re

e 400kV tr

de an appl

r dated 1.8

would not

o the said

ority who v

s any delay

tivity shou

onnection

Nalagarh.

ndia in its

of the Act

y of Enviro

clearance v

09/2008-FC

line at Nal

he case of A

on 68 of th

ADHPL:

e proposed

should ensu

espect to th

ransmission

Pa

lication to P

8.2005 info

coincide

d letter, Re

vide its let

y in commis

uld be gr

point. Ac

letter No.2

t for constr

onment an

vide letter

C dated 15.5

agarh. Th

ADHPL to M

he Act had

d Allain Du

ure that the

he corridor

n lines in

age 9 of 27

PGCIL for

rmed that

with the

espondent

tter dated

sioning of

ranted to

ccordingly,

21.8.2007

ruction of

d Forest,

Nos. 8-

5.2009 for

he Central

Ministry of

d put the

hangan –

ir corridor

identified

the area

7

Page 10: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

Ord

der in Petiti

plan

Kold

(ii) Ou

line, A

and t

made

Parba

(f) The pet

7.5.2005 w

be delivere

grid locate

Agreement

design sale

Term Open

kV bus of P

(g) The

access to

station of P

the Parbati

up the tran

A meeting

which was

EPPL and

ion No. 259

nned for the

dam HEPs.

ut of the tot

ADHPL wo

the balance

e available

ati/Beas val

titioner had

with PTC fo

ed at the pro

ed at Pan

t with Punj

eable energ

n Access fo

Parbati Poo

e petitioner

ADHEP be

Power Grid

i II HEP, ap

nsmission n

was conv

s attended

PTC and it

9/2010

e evacuatio

tal 400 MW

ould utilize

e spare tra

for evacua

lley viz, Ma

d entered i

or supply of

oposed 220

narsa/Bana

jab State E

gy from the

or injection

oling station

after comi

eyond the

at Nalagar

pproached

network for

vened by C

by the rep

t was decid

on of power

W transmiss

192 MW fo

ansmission

ation of po

alana – II (1

nto a Pow

f power fro

0/400 kV P

la. PTC h

Electricity B

e Malana II

of power f

n.

ng to know

power deli

rh due to sl

the Centra

evacuation

Central Ele

presentative

ed as unde

r from Parb

sion capaci

or evacuatio

capacity o

wer from o

00 MW) AN

er Purchas

om Malana

arbati Pool

has execu

Board for s

HEP. PTC

from Malan

w that PGC

very point

ippage in th

l Electricity

n of power f

ctricity Aut

es of PGCI

er:

Pag

bati II, Parb

ty of the 22

on of ADH

of the line

other projec

ND Sainj (1

se Agreem

II HEP wh

ling Station

ted a Pow

sale of the

C was gran

na II HEP a

IL had gran

of 400/220

he commis

y Authority f

from Malan

thority on 1

L, HPSEB

ge 10 of 27

bati III and

20kV D/C

PL power

would be

cts in the

00MW).

ent dated

ich would

of Power

wer Sale

complete

ted Long

at the 400

nted open

0 kV sub-

sioning of

for firming

na II HEP.

10.4.2008

, ADHPL,

7

Page 11: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

Ord

der in Petiti

“a.theto eb. AtheNalMac. sennotindHoevad. ADwel

(h) Minis

dated 17.6

as under:

“I aon theunder 132 kVwith 2constrChairmproceeline ofown ckV D/CAllain line w

(i) In pursu

CEA on 1

14.8.2008

power of M

line subjec

(j) In a m

Pradesh o

ion No. 259

. Malana-II weir power throestablish 220/ADHPL and E

e modalities folagarh line a

alana II HEP. If ADHPL

nt to CEA andt able to agre

dividual propowever, in anyacuation systeADHPL woul

DHEP-Nalagarll. CEA would

stry of Pow

6.2008 acco

am directed toe above subjesub-section (

V line for eva220 kV D/Cructing as 1man, CEA oed to tie up ef ADHPL. Th

cost on one cC line from MDuhangan-Nould be the d

uance of th

0.4.2008,

wherein A

Malana II H

t to comme

meeting ta

on 19.11.2

9/2010

without any furugh 220 kV A/132 s/s at thEPPL would or agreement and also its

and EPPL ad both partiesree on a proposal to CEA ay case, both pem in the reqld take up therh line with Ed extend all s

wer, Govern

orded appro

o refer to Eveect and to c(1) of sectionacuation of p

C Allain Duh132/220 kV sn 10.4.2008 evacuation o

hey would necircuit of the Malana II HENalagarh linededicated sy

e decision

the repres

ADHPL exp

HEP on AD

ercial settlem

ken by Ch

2008, it w

rther delay shADHEP-Nalageir own cost. have a joint

t on the sharinO & M char

rrive at an ags should procposal, both Aand a meetingparties shoulduired time fra

e issue with CEPPL for evacsupport to AD

nment of In

oval to EPP

erest Power convey prior an 68 of the Elower of Malahangan-Nalasubstation a

wherein it of their poweeed to establ

220 kV AllaiEP to the 220e. The 220/13ystem of the

in Minutes

sentatives o

pressed its

DPHL’s 220

ment and C

hief Secret

was agreed

hould proceedgarh line of A meeting on 2ng of the costrges for evac

greed proposeed accordin

ADHPL and Eg could be hd proceed to eame. CERC regardicuation of powHPL to obtain

ndia in its l

PL under s

Private Limiteapproval of tlectricity Act, ana II HEP aagarh line nas discussed

was decideer through 22lish 220/132 in Duhangan

0/132 kV sub32 kV sub-stagenerating c

of Meeting

of ADHPL

no objecti

kV Allain

CERC’s app

ary, Gover

d by ADH

Pag

d to tie up evDHPL. They

23rd April 200t for the 220 kcuation of th

sal, the samegly. HoweverEPPL shouldeld to resolveensure compl

ing sharing ofwer from Malan approval of

etter No.11

section 68 o

ed’s letters dthe Central G2003 for con

and its inter-cnear tower

in a meetind that Mala20 kV ADHEPkV sub-stati

n-Nalagarh lib-station on 2tation as welcompany.”

g taken by C

and EPPL

ion to eva

Duhangan-

proval.

rnment of

HPL that

ge 11 of 27

vacuation of would need

08 to decide kV ADHEP-e power of

e should be r, if they are d send their e the issue. letion of the

f the 220 kV ana HEP as CERC.”

1/4/07/PG

of the Act

dated 8.5.08 Government nstruction of connection no.159 by

ng taken by ana should P-Nalagarh ion at their ine and 132 220 kV D/C ll as 132 kV

Chairman,

L met on

cuate the

-Nalagarh

Himachal

after the

7

Page 12: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

Ord

der in Petiti

commissio

inject pow

Nalagarh w

conditions.

(k) Additio

Pradesh in

to Senior

Environme

favour of A

transmissio

recommen

“As theyou fointendei. AD Hthis 40to HPTx v. generaconditi

(l) Based

Environme

15.4.2009

(Conservat

transmissio

ion No. 259

ning of 40

er at Pana

would be ha

onal Chief

n its letter N

Asstt Insp

ent Govern

ADHPL for

on line from

ded:

e proposal ar consideratioed to pool anHydro shall in

00 kV pooling TCL on mutua x AD Hydro

ated by M/s Eions.”

d on the rec

ent and Fo

and 15.5.2

tion) Act, 1

on line from

9/2010

0 kV pooli

arsa poolin

anded over

Secretary (

No.FFE-B-

pector Gen

ment of In

diversion

m Pirni to N

ttracts the pron and approd reduce the nject its powpoint by PGC

ally agreed te x

o shall also cEverest Powe

commenda

orest, Gove

009 accord

980 for fo

m Pirni to Pa

ng point a

ng station

r to HPTCL

(Forests) to

F(2)-63/200

neral of Fo

ndia, has

of forest la

Nalagarh. I

rovisions of Foval subject tnumber of tra

wer at PanarsaCIL and line brms and cond x

carry/transmiter at Malana I

ations of the

ernment o

ded approva

rest cleara

anarsa to N

t Panarsa

and the lin

L on mutual

o the Gove

08 dated 9

orest, Minis

conveyed

and for lay

n the letter

FCA, 1980, thto the followiansmission coa pooling aftebeyond Panarditions. x

t on this tranII HEP on mu

e State Gov

of India vid

al under se

nce for lay

Nalagarh.

Pag

by PGCIL

ne from Pa

lly agreed t

ernment of

9.12.2008 a

stry of For

forest clea

ying the 22

r, the follow

he same is sing conditionsorridors in theer the commrsa shall be h

x smission line

utually agreed

vernment, M

de its lette

ection 2 of t

ying the 22

ge 12 of 27

, it would

anarsa to

terms and

Himachal

addressed

rests and

arance in

0 kV D/C

wing were

submitted to s which are e valley. issioning of

handed over

e the power d terms and

Ministry of

ers dated

the Forest

0 kV D/C

7

Page 13: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

Ord

der in Petiti

(m) In a m

3.9.2009, t

issues betw

“(i) Aportionerectin(ii) SincontrolEPPL. operat(iii) ThD/C liinstall(iv) Thdone a

(n) T

transmissio

pooling sta

HPPTCL w

Engineer (

HPPTCL a

termination

pooling sta

power sha

commercia

establishm

delivery po

pooling sta

these lines

ion No. 259

meeting tak

the followin

ween ADHP

ADHPL shall fn and the fong agency to Ence the propol/ownership oHowever, AD

tion. he transmissine will be sled generatiohe control/opeas per the inst

he questio

on system

ation of Po

was discus

(SP&PA) o

and put up

n of 220 Alla

ation, it wa

all be limite

al agreeme

ent of term

oint of Ma

ation. Both A

s.

9/2010

ken by Mem

g decisions

PL and EPP

furnish the deoundations anEPPL. The coosed 220/132of O&M of prDHPL also m

sion charges shared betw

on capacity.eration of 220tructions of S

on of ter

at Panars

ower Grid w

sed in a m

of CEA an

a proposa

ain Duhang

as decided

ed to Pana

ent betwe

mination of

lana would

ADHPL and

mber(PS),

s regarding

PL were tak

esign details nd also intimonstruction of2 kV Chhaur roposed 220/

may depute the

between theween ADHPL

0 kV circuit bSLDC.”

mination o

sa upon c

which has

meeting un

nd ADHPL

al to CEA

gan-Nalaga

that ADH

arsa poolin

een ADHP

Allain Nala

d get shifte

d EPPL agr

Central Ele

g the moda

ken:

of the dead mate the namf LILO portionS/S will be co/132 kV Chhaeir person for

e Allain DuhaL and EPPL

breakers for

of Allain

commission

been comm

der the ch

was advis

and PGCIL

arh transmis

HPL’s liabili

g station o

PL, HPPTC

agarh D/C

ed from N

reed to ente

Pag

ectricity Au

lities/solutio

end towers fme of the sun will be done onstructed byaur S/S will rr 220 kV S/S

angan NalagL in proport

regulating po

Duhangan-

ning of the

mitted by A

airmanship

sed to inte

L. As regar

ssion line a

ty to whee

of PGCIL s

CL and E

line at Pan

alagarh to

er into agre

ge 13 of 27

thority on

ons to the

for the LILO upplier and by EPPL.

y EPPL, the remain with control and

garh 220 kV tion to the

ower flow is

-Nalagarh

e 400 kV

ADHPL to

p of Chief

eract with

rds future

t Panarsa

el EPPL’s

subject to

EPPL for

narsa and

Panarsa

eement on

7

Page 14: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

Ord

der in Petiti

(o) In

ADHPL a

expeditious

connection

connection

(i) (ii) (iii)

(iv)

(v) (vi)

(p) Th

insistence

the prevaili

(q) On

meeting wh

“(i) Tconcexige (ii) Wthat thavinto. (iii) Wacco

ion No. 259

the meetin

and EEP

sly. Pursu

n agreemen

n agreemen

Return on

Cost of 22

Absolute by EPPL

Priority toADHEP-N

Schedulin

4% additMALANA

e inter-con

by ADHPL

ing norms.

n 12.5.2010

herein it wa

The issue of erned Load

encies in publ

With regard tothe sub-stationg a supervis

With regard tounts for third

9/2010

ng taken b

L should

ant theret

nt on 31.0

nt are as un

n Equity : 3

20 kV ADH

control of 1to remain w

o be with ANalgarh line

ng & dispatc

ional loss toII HEP.

nnection ag

L to enforce

0, Joint Se

as agreed a

right to use Dispatch Ce

lic interest.

o the control on belonged toor from ADHP

o sharing of td party inspe

by Director

finalize

to, ADHPL

03.2010. Th

nder:

% higher th

EP-Nalaga

32/220 kV with ADHPL

DHPL in cae.

ch of Malan

o be deduc

greement c

e its terms

ecretary, M

as under:

the transmisentre, which

over 220 kVo EPPL and tPL along with

transmission ection so tha

, HPPTCL

inter-conn

L furnishe

he main fe

han CERC

arh line: Rs.

Chhaur suL.

ase of outag

na-II HEP b

cted from ge

could not b

and condit

Ministry of

ssion capacitwould decid

V sub-station the solution sh the staff of E

charges, ADHat the transm

Pag

it was ag

nection a

ed the dr

eatures of

norms

. 2.2 crores

bstation es

ge of one c

by ADHPL.

eneration o

be conclude

tions in dis

Power con

ty should bede the priorit

at Chhaur, ituggested by EPPL should

HPL agreed tmission charg

ge 14 of 27

greed that

agreement

raft inter-

the inter

s per km.

stablished

circuit of

of

ed due to

sregard of

nducted a

e left to the ties on the

t was noted the CEA for be adhered

to show the ges can be

7

Page 15: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

Ord

10.

above

Sectio

for s

conne

the A

11. T

gener

enters

which

79 (1

transm

gener

der in Petiti

deterRLDC (iv) Tjoin CER

Against th

e, the petit

on 79 (1)(c

eeking ap

ection and

Act are extra

“Section 60The Approappropriategenerating or enters ineffect on co Section 79. (1) The Cen…… (c) to regula……. (f) to adjudilicensee in refer any di

Thus the C

rating com

s into agre

h has an ad

1)(c) confe

mission of

rating comp

ion No. 259

rmined in a reC’s in this reg

The CEO, POthe meeting C”

e factual

tioner has

c) read with

propriate d

other relief

acted as un

0. (Market doopriate Comme to a licenscompany entnto a combinompetition in e

Functions of

ntral Commis

ate the inter-S

icate upon diregard to m

ispute for arb

Commission

pany or a

eements or

dverse effe

ers the po

electricity

pany or tran

9/2010

ealistic manngard.

OSOCO who suggested t

matrix as

invoked th

Section 79

directions

fs. The prov

nder:

omination): mission maysee or a geters into any anation which electricity ind

f Central Com

ssion shall dis

State transmis

isputes involvatters connecitration;”

n has the p

licensee

r into comb

ect on the c

ower on t

and sectio

nsmission l

er, both the p

had also beethat the issu

discussed

he jurisdict

9(1)(f) of the

upon Res

visions prov

y issue suchenerating coagreement oris likely to c

dustry

mmission :

scharge the fo

ssion of elect

ving generatincted with cla

power to iss

if such lice

binations or

competition

the Comm

on 79(1)(f)

icensee.

parties can co

en requestedue of priority

in the fo

tion of the

e Act and S

pondent N

visions of s

h directions ompany if sur abuses its dcause or cau

ollowing functi

tricity ;

ng companiesuses (a) to (

sue approp

ensee or g

r abuses it

n in electric

ission to

to adjudica

Pag

onsult CEA ,

d by Ministry can be dete

oregoing pa

Commissi

Section 60

No.1 to gra

ections 60

as it considuch licensee

dominant posiuses an adve

ions, namely:

s or transmiss(d) above and

priate direc

generating

ts dominan

city industry

regulate in

ate dispute

ge 15 of 27

PGCIL and

of power to ermined by

aragraphs

ion under

of the Act

ant inter-

and 79 of

ders or ition erse

:-

sion d to

ctions to a

company

nt position

y. Section

nter-State

involving

7

Page 16: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

Ord

12. T

opera

case

raised

the A

Resp

gener

the te

mutua

that t

respe

Comm

60 of

Resp

domin

Comm

releva

such

in the

been

Resp

13.

docum

beyon

der in Petiti

The Respon

ation of Sec

as the Res

d in the pet

Act. It has

ondent No

rating statio

erms and

ally agreed

he parties

ect of use o

mission. Re

f the 2003

ondent wa

nant positi

mission sh

ant market,

dominant p

e relevant m

able to m

ondent No.

The petitio

ments and

nd doubt th

ion No. 259

ndent in its

ction 79 (1)

spondent n

tition falls w

been subm

o.1 can be

ons, namel

conditions

d through n

are within

of the dedic

espondent

Act, the C

as in a do

on is bein

all be req

, the domin

position by

market. Ac

make out a

. 1 for abus

oner in its r

minutes o

he fact that

9/2010

reply has

) (f) of the 2

o. 1 is neit

within the a

mitted that

e used as

y, that of t

for evacu

egotiations

their rights

cated transm

No.1 has f

Commission

ominant po

ng abused

uired to c

nant positio

Responde

ccording to

a case un

sing its dom

rejoinder ha

of the meet

t Responde

submitted

2003 Act ha

ther a trans

ambit of Se

the dedic

the dedica

he petitione

ation of po

s. Respond

s to negotia

mission line

further subm

n has to ar

sition in th

d by Resp

conduct an

on of the R

nt No.1 an

Responde

nder Sectio

minant posit

as submitte

ting held o

ent No.1 ha

that none

ave been fu

smission lic

ection 79 (1

cated trans

ated transm

er and Res

ower of th

ent No.1 h

ate the term

e without th

mitted that

rrive at the

he relevant

pondent No

investigat

espondent

d its impac

ent no.1, th

on 60 of t

ion.

ed that peru

over the las

as already

Pag

of the cond

ulfilled in th

censee nor

) (c) or 79

mission lin

mission line

spondent N

e petitione

as further

ms and con

he intervent

for invokin

conclusion

t market; a

o.1. For th

tion as reg

No. 1, the

ct on the co

he petitione

the Act ag

usal of vario

st three ye

been conf

ge 16 of 27

ditions for

he present

the issue

(1) (d) of

ne laid by

e for two

No. 1, and

er can be

submitted

nditions in

tion of the

g Section

n that the

and such

hese, the

gards the

abuse of

ompetition

er has not

gainst the

ous letters,

ears prove

ferred with

7

Page 17: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

Ord

the r

petitio

transm

Resp

utilize

area.

Electr

by LIL

14.

both p

Powe

the e

valley

CTU

accou

the tr

Powe

delay

evacu

under

transm

the c

plan f

der in Petiti

esponsibilit

oner which

mission lin

ondent No

ed for evac

The petitio

ricity Autho

LO of one c

On consi

petitioner a

er Grid were

vacuation r

y of the Sta

for injectin

unt of the d

ansmission

er Grid, it

yed. After a

uation plan

r Section

mission line

orridor con

for all gene

ion No. 259

ty of evac

h falls in

e cannot b

.1 and the

cuation of p

oner has fur

ority, the ev

circuit of All

deration of

and Respon

e planned t

requiremen

ate of Hima

ng power in

delay in the

n lines by C

was inform

a joint mee

, CEA reco

68 of the

e till Nalaga

nstraints in

erators in th

9/2010

uating the

the same

be treated

said line is

power bein

rther submi

vacuation o

lain Duhang

f the factua

ndent No.1,

to extend ti

nts of the g

achal Prad

n the poolin

e commissi

CTU was de

med that th

eting with P

ommended

Act to A

arh. Centra

the region

he region w

power ge

corridor/re

as a dedi

s dedicated

g generate

itted that as

of power fro

gan 220 kV

al matrix of

it emerges

ll Panarsa

generating s

desh. EPPL

ng station

oning of Pa

elayed. Wh

he pooling

Power Grid

to the Mini

ADHPL for

al Electricit

n and the n

ho are likel

enerated by

egion and

icated tran

d to the co

ed by other

s per the M

om Malana

V D/C line.

f the case

s that the t

pooling sta

stations co

L was gran

of Power G

arbati HEP

en ADHPL

station at

d and CEA

stry of Pow

constructio

y Authority

need for a

ly to be affe

Pag

y the proje

therefore,

smission li

orridor and

r projects in

Master Plan

II HEP is e

and subm

transmissio

ation in orde

oming up in

ted open a

Grid at Pan

P, the const

applied for

Panarsa

A, with rega

wer to grant

on of its d

being fully

back-up e

ected by th

ge 17 of 27

ect of the

the said

ine of the

should be

n the said

of Central

envisaged

issions of

on lines of

er to meet

n the Kulu

access by

narsa. On

truction of

r LTOA to

would be

ard to the

t approval

dedicated

y aware of

vacuation

e delay in

7

Page 18: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

Ord

const

ADHP

transm

Thus

in pla

till Pa

were

transm

line o

Thoug

Nalag

purpo

till Na

15.

projec

menti

dedic

perus

prove

der in Petiti

truction of t

PL for san

mission line

“(i) While fiD/C line, Arespect to the area plHEPs. (ii) Out of thutilize 192 capacity oprojects in

s the dedica

ace of the d

anarsa as p

taken into

mission line

of Respond

gh the 220

garh transm

ose of the l

alagarh whe

Respond

ct and subs

ion that tra

cated transm

sal of vario

e that the R

ion No. 259

the transmis

ction unde

e till Panars

finalizing the ADHPL shoulthe corridor ilanned for th

he total 400 MMW for evac

of the line won the Parbati/

ated transm

developmen

planned ear

o account

e till Panars

dent No.1 t

0 kV D/C

mission line

ine is to ev

ere it is con

dent No.1 h

sequent am

ansmission

mission line

us letters,

Responden

9/2010

ssion lines

er section 6

sa, had adv

corridor of thld ensure thaidentified by Pe evacuation

MW transmisscuation of ADHould be mad/Beas valley

mission line

nt of the in

rlier. All gen

by CEA

sa have bee

to evacuat

Allian Duh

has been d

vacuate pow

nnected to t

has submit

mendment

line to be

e. The pet

documents

t No.1 has

by CTU, w

68 of the

vised Minist

he proposed Aat their corridPOWERGRID of power fro

sion capacity HPL power a

de available fviz, Malana –

e has been

nter-state tr

nerators in

at the tim

en tied up w

te power f

angan Hy

developed

wer of all g

he transmis

tted that th

issued by t

constructe

itioner in it

s and mee

been conf

while recom

Act to con

try of Powe

Allain Duhandor is appropD for the 400om Parbati II,

of the 220kVand the balanfor evacuatio– II (100 MW)

n constructe

ransmission

the region

me of plann

with the ded

from their

ydro Electri

by Respon

enerating s

ssion syste

he original

the Central

ed for Resp

ts rejoinder

tings over

ferred with

Pag

mending th

nstruct its

er as under:

ngan – Nalagriately co-ord

0kV transmiss, Parbati III a

V D/C line, ADnce spare traon of power

W) AND Sainj

ed by one

n line by Po

whose requ

ning the in

dicated tran

generating

ic Project (

ndent No.1,

stations in t

em of CTU.

TEC appro

l Electricity

pondent No

r has subm

the last th

the respon

ge 18 of 27

he case of

dedicated

:

garh 220 kV dinated with sion lines in and Koldam

DHPL would ansmission from other (100MW).”

generator

ower Grid

uirements

nter-State

nsmission

g stations.

(ADHEP)-

, the main

the region

oval of its

Authority

o.1 was a

mitted that

ree years

nsibility of

7

Page 19: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

Ord

evacu

within

be tre

dedic

gener

that e

ADHP

Autho

the tr

includ

letter

powe

220 k

16.

No.1.

Electr

other

Since

India

LILO

Nalag

used

State

conve

der in Petiti

uating the

n the same

eated as a

cated to the

rated by ot

even prior

PL for the

ority had re

ransmission

ding Malana

dated 24.1

er from Mala

kV D/C line.

We have

There is n

ricity Autho

generator

e, the petitio

in its sanc

of one ci

garh sub-st

by EPPL b

transmiss

eyance with

ion No. 259

power gen

region/cor

a dedicate

e corridor a

her projects

to the gran

ir ADHPL-

ecommende

n lines shou

a II. More

10.2007 tha

ana II HEP

.

considered

no doubt th

ority, the tr

rs in the re

oner has b

ction letter

ircuit of A

tation of Po

becomes a

sion system

hin the Sta

9/2010

nerated by

ridor and th

d transmis

and would

s also in th

nt of appro

Nalagarh t

ed to MOP

uld be mad

over, Powe

at the mas

P by LILO o

d the subm

hat as per t

ransmission

egion till th

been permit

under sec

Allain Duha

ower Grid,

part of the

m” under

ate which is

the projec

herefore the

ssion line.

be utilised

he said area

oval under

transmissio

that the ba

de available

er Grid has

ster plan of

of one circu

missions of

the Master

n line is re

he Nalaga

tted by Min

ction 68 of

ngan-Nalag

the portion

inter-State

2(36) of t

s incidenta

ct of the p

e said trans

The said

for evacua

a. It has be

section 68

on line, the

alance tran

e to other p

s communic

CEA envis

it of Allain

the petition

Plan envis

equired to

rh sub-stat

nistry of Po

the Act to

garh trans

n of the tra

e transmiss

the 2003

l to inter-S

Pag

petitioner w

smission lin

transmissio

ation of pow

een further

8 of the 20

e Central

smission ca

projects in t

cated to EP

saged evac

Duhangan-

ner and Re

saged by th

wheel the

tion of Pow

ower, Gove

wheel its

mission lin

nsmission

ion system

Act which

State transm

ge 19 of 27

which falls

ne cannot

on line is

wer being

submitted

03 Act to

Electricity

apacity of

the region

PPL in its

cuation of

-Nalagarh

espondent

he Central

power of

wer Grid.

rnment of

power by

ne till the

line to be

as “inter-

includes

mission of

7

Page 20: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

Ord

electr

68 of

the sa

to AD

whos

CEA.

from

transm

Comm

State

of the

17. T

29.3.2

during

We a

reaso

stand

the tr

Resp

gener

requir

veste

under

powe

der in Petiti

ricity. More

the Act to

anction lett

DHPL is con

e generatin

Since the

the region

mission lin

mission wh

transmissi

e Act to reg

The learne

2011 that

g outage a

are not in a

on that the

ds superced

ransmission

ondent No

rators in the

re this line

ed with the

r a statutor

er and in dis

ion No. 259

eover, perm

use the tra

ter to ADHP

nditional to

ng stations

subject tra

for injection

ne is inci

hich has be

on has the

ulate transm

d Counsel

ADHPL ha

and it can s

agreement w

e redundan

ded as per

n line will be

o.1 has a

e region. B

e for wheel

power of r

y obligation

scharge of

9/2010

mission to E

ansmission

PL under s

wheeling th

were inclu

nsmission

n into the s

idental to

een vested

jurisdiction

mission on

for Respo

as created

share this r

with the su

ncy sanctio

the latest M

e used for

liability to

Besides EPP

ling their p

regulation o

n to regulat

the said fu

EPPL in th

line of AD

section 68 o

he power o

uded in the

line has be

sub-station

inter-State

d with the r

n to issue d

the subject

ondent No.1

a redund

redundancy

ubmission o

oned in the

Master Plan

other gene

o carry th

PL, there a

power. The

of inter-Sta

te and facil

nction, the

he sanction

HPL is dee

of the Act a

of other gen

e planning p

een planned

of Power G

e transmis

responsibili

irections un

t transmiss

1 argued d

ancy to w

y with othe

of the Resp

e Techno-e

n of CEA w

erators in th

e power g

are other ge

erefore, the

ate transmis

itate inter-S

Commissio

Pag

letter unde

emed to be

and such p

nerators in t

process of

d to evacua

Grid at Nala

ssion syst

ity to regu

nder sectio

ion line.

uring the h

heel its ow

rs on its ow

pondent No

economic

which envis

he region. T

generated

enerators w

e Commiss

ssion of ele

State transm

on is of the

ge 20 of 27

er section

read into

ermission

the region

CTU and

ate power

agarh, the

tem. The

late inter-

n 79(1)(c)

hearing of

wn power

wn terms.

o.1 for the

clearance

saged that

Therefore,

by other

who would

ion being

ectricity is

mission of

view that

7

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Ord

the a

statio

grante

CTU

sectio

EPPL

12%

from

Resp

shorta

regula

Comm

transm

appro

plann

18.

Comm

Act a

neces

19.

by the

inter-

der in Petiti

applicant ha

on which is

ed by CTU

has been s

on 68 of the

L will ultima

free power

the genera

ondent No

ages of ele

ate inter-S

mission is

mission sy

opriate direc

ned and dev

In view

mission’s ju

and in the

ssary invok

The next

e Commiss

State trans

ion No. 259

as made s

s ready for

U. Now the

shifted to th

e Act to the

ately go to

r to the Sta

ating station

o. 1 will b

ectricity. Th

State tran

required to

ystem and

ctions even

veloped for

of our fin

urisdiction t

facts and

ke our jurisd

question th

sion under t

smission of

9/2010

substantial

r commerc

liability for

he Respon

e applicant.

PSEB and

ate of Him

n on accou

e a huge

he Commis

smission

o ensure f

d for that

n in respect

inter-State

nding in th

to deal with

circumstan

diction unde

herefore ari

the facts an

electricity

investment

cial operatio

making ava

ndent No.1

The powe

the end co

achal Prad

unt of the d

national lo

ssion has b

of electric

free flow o

purpose,

t of dedicate

e transmissi

he precedi

h the matte

nces of this

er Section 6

ises as to w

nd circumst

on the sub

t for setting

on on the

ailable the

in terms of

r from the g

onsumers o

desh. Non-s

dispute bet

oss espec

been veste

city which

of electricity

the Com

ed transmis

ion of powe

ng paragra

er under se

s case, we

60 of the Ac

what directi

tance of the

bject transm

Pag

g up the g

basis of t

transmissio

f the appro

generating

of Punjab a

scheduling

tween appl

cially in the

d with the

h means

y on the in

mmission c

ssion lines

er.

aph with r

ection 79(1)

e do not c

ct.

ions could

e case to en

mission line

ge 21 of 27

generating

the LTOA

on line by

oval under

station of

apart from

of power

licant and

e present

power to

that the

nter-State

can issue

which are

regard to

)(c) of the

consider it

be issued

nsure that

does not

7

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Ord

suffer

Resp

Servic

idem

(i) (ii) (iii)rem (iv)Na (v)

(vi

20.

Resp

powe

direct

and c

der in Petiti

r on acco

ondent No

ce Agreem

on the term

Return on

Cost of 22

)Absolute cmain with A

) Priority to algarh line.

Scheduling

) 4% additi

In view of t

ondent No

er of Malan

ts the partie

control of ge

(a) Conn

220 k

(b) Capimutu

appro

expe

for si

ion No. 259

ount of p

. 1 with reg

ment (TSA).

ms and con

Equity : 3 %

0 kV ADHE

control of 13ADHPL.

be with AD

g & dispatc

onal loss to

the peculia

.1(ADHPL)

na-II HEP,

es to follow

enerating st

nectivity: T

kV ADHEP

ital cost: ually decide

oved proje

enditure of t

imilar line o

9/2010

ersistent d

gard to the

. The Petit

ditions of th

% higher tha

EP-Nalagar

32/220 kV C

DHPL in cas

ch of Malan

o be deduct

ar nature of

) to the pe

the Comm

w the follow

tations and

The ADHP

-Nalagarh t

The capita

ed by EPP

ect cost of

the transmi

of CTU.

difference

terms and

tioner and

he –TSA on

an CERC n

rh line: ` 2.2

Chhaur sub

se of outag

a-II HEP by

ted from ge

the case w

titioner (EP

mission afte

wing proce

d transmissi

PL shall pro

transmissio

al cost of

PL and AD

f the trans

ssion line,

between

conditions

Responden

n the follow

norms.

2 crores pe

bstation est

ge of one cir

y ADHPL.

eneration of

where refus

PPL) may

er detailed

dure for co

ion assets:

ovide conn

on line with

the transm

DHPL taking

smission lin

and the be

Pag

Petitioner

of the Tran

nt No. 1 a

wing aspects

er km.

ablished by

rcuit of ADH

f MALANA

sal of conne

result in b

deliberatio

oordinated

nectivity to

immediate

mission line

g into con

ne and the

nchmark ca

ge 22 of 27

and the

nsmission

re not ad

s:

y EPPL to

HEP-

II HEP.

ectivity by

bottling of

on hereby

operation

EPPL on

effect.

e shall be

sideration

e audited

apital cost

7

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Ord

der in Petiti

(c) Returate

Com

amen

there

(d) O&Mborne

(e) ContSubs

repre

(f) Lead

Com

Open

Regu

respo

(g) Cont

II HE

trans

form

inter-

this c

circu

this c

(h) Formto su

coord

SLDC

as a

ion No. 259

urn on Equof return

mission (T

nded from

eof.

M Expensee in proport

trol of Sustation will

esentative a

d Generatomission (C

n Access

ulations, 20

onsibility of

trol Area: T

EP and 220

smission lin

separate c

-connection

control are

it with Na

control area

mation of aub-Load di

dinate on b

C in all res

single use

9/2010

uity: Retur

n allowed

erms and C

time to

s: O&M ex

tion to the u

ub-stationl be with

at this subs

or: In acco

Connectivity

in inter-St

009 as ame

f lead gene

The area c

0 kV ADHE

ne alongwit

control area

n point at IS

ea and inte

lagarh sha

a .

a coordinatispatch ce

behalf of al

spects of co

er, paymen

n on Equit

under C

Conditions

time and

xpenses sh

use of the t

: The con

EPPL an

station for c

ordance with

y, Long-ter

tate Trans

ended from

rator.

comprising

P-Nalagarh

th 132/220

a. To furth

STS, all ele

rface point

all be cons

tion Centrentre shall

l the gener

ombined sc

nt of transm

ty shall be

Central Ele

of Tariff) R

any subs

all be calcu

transmissio

ntrol of 1

nd ADHPL

oordination

h Central E

rm Access

mission an

m time to tim

Allain Duha

h transmiss

0 kV substa

er clarify th

ectric elem

t of 220 kV

idered as t

e: A coordi

be estab

rators with

chedule, de

mission cha

Pag

on the ba

ectricity R

Regulations

equent am

ulated on a

on line.

32/220 kV

L may ap

n purposes.

Electricity R

s and Med

nd related

me, ADHPL

angan HEP

sion line, LI

ation at Ch

his, before

ents shall b

V ADHPP-

the interfac

nation cent

blished whi

respective

eviations, re

arges for IS

ge 23 of 27

sis of the

Regulatory

, 2009 as

mendment

actual and

V Chhuar

ppoint its

Regulatory

dium-term

matters)

L will take

P, Malana

LO of this

hhuar will

Nalagarh

be part of

-Nalaragh

ce point of

tre similar

ch would

RLDC or

egistration

STS/STS,

7

Page 24: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

Ord

der in Petiti

paym

areas

cons

opera

coord

conc

jointl

centr

gene

subs

maki

funct

(i) Resp

Cent

ion No. 259

ment of LD

s responsi

sultation w

ation and

dination ce

cerned RLD

y by both g

re shall b

erating capa

station or ge

ng arrange

tions of Loa

ponsibilitytre shall be

(i)Coordin

entire ele

point on a

(ii)Coordin

system op

iii)Repres

transmiss

Committe

(iv) Meter

outage c

accountin

(v) Paym

Reactive

9/2010

C charges

ibility in te

with conce

market ope

entre for su

DC/SLDC. T

generating

be borne

acity .If bot

enerating s

ement of Co

ad Despatc

y of the cresponsibl

nate with th

ectrical con

all matters o

nate with

peration an

sent whole c

sion system

ees.

ring, protec

coordination

ng within its

ment of Tra

energy c

etc. This w

erm of swi

erned RLD

eration issu

uch new co

This coordin

companies

by both p

th parties a

stations ma

ommunicat

h centre( L

coordinatioe for:

he concern

ntrol area

of system o

individual

d market o

control area

m) in vario

ction coordi

n, switchin

control are

ansmission

harges, LD

would also

tching and

DC/SLDC.

ues would

ontrol area

nation centr

s. The cost

parties in

agree, cont

ay be used

tions requir

DC).

on Centre

ned RLDC/

upto the c

operation an

generators

peration.

a (all gener

us forums

ination, shu

g instructio

ea.

charges,

DC fee a

Pag

o be take c

d security

Thus all

be handle

in coordina

re shall be

t of establis

proportion

trol room o

as control

red for perfo

e: The coo

/SLDC on

common c

nd market o

s on all m

rators and

of Region

utdown coo

on, schedu

losses, UI

nd charge

ge 24 of 27

care of its

issues in

l system

ed by this

ation with

managed

shing this

to their

of the one

centre by

orming all

ordination

behalf of

onnection

operation.

matters of

dedicated

nal Power

ordination,

uling and

charges,

es to the

7

Page 25: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

Ord

der in Petiti

(j) Proccentr

ion No. 259

concerned

entire con

(vi) Calcu

for indi

charges/lo

ISTS/STS

concerned

(vii) On-li

RLDC/SL

(viii) Off-li

(ix) Send

CTU/STU

cedures:Va

re/Lead coo

(i)Schedu

coordinat

as given i

has to tak

individual

computat

exchange

met.

(ii)Meterin

coordinat

area shou

code. Add

9/2010

d pool/aut

ntrol area.

ulation/exch

vidual de

osses for d

S portion

d RLDC/SL

ne commu

LDC

ne data ab

ding meter

U to RLDC/S

arious proce

ordinator:

uling: Time

ion centre a

in the conc

ke care of ‘

generat

ion to be d

e between

ng and Ac

ion centre f

uld be sim

ditional me

hority for

hange of i

eviation,

dedicated p

which w

LDC for ent

unication an

out various

r data of

SLDC.

edures to b

line for in

and RLDC/

cerned Grid

to and fro’

tors and

done at its

RLDC/SLD

ccounting: T

for metering

ilar to one

eters if req

ISTS/STS

ndividual s

computatio

portion as w

would be

tire control a

nd real-tim

s informatio

interface m

be adopted

nformation

/SLDC for t

Code. The

information

coordina

end so tha

DC and co

The princip

g and acco

notified in

uired for th

Pag

usages o

schedules,

on of

well apport

communic

area.

me data tele

n to RLDC/

meters ins

d by the coo

exchange

this activity

e coordinati

n exchange

ation cen

at above tim

oordination

ple adopte

ounting with

the conce

his purpose

ge 25 of 27

on behalf

accounts

individual

tioning for

cated by

emetry to

/SLDC

stalled by

ordination

between

would be

ion centre

e between

tre and

me line of

centre is

ed by the

hin control

erned grid

e may be

7

Page 26: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

Ord

der in Petitiion No. 259

installed.

at the co

agreed in

of clarity,

Computat

charges

framed by

the figure

with ISTS

(Iii)Compu

for within

transmiss

norms, in

load, wo

SERC/CE

and work

(b) above

installed c

(iv)Compu

shared de

transmiss

schedules

week’s ac

the actua

(v)Outage

enumerat

with Cent

Long-term

State Tra

9/2010

The specia

st of respe

the meetin

the meter

tion of dev

account sh

y the Com

es compute

S/STS.

utation and

n its contro

sion system

respect of

orking cap

ERC. The c

ed out as

e. Allocatio

capacity of

utation and

edicated se

sion losses

s. The est

ctual perce

l meter read

e handling

ted in the

tral Electric

m Access a

nsmission a

al energy m

ective gene

ng held on

ing arrange

viation ene

hall be d

mission an

ed by RLD

d apportion

ol area tra

m): The tar

return on e

pital etc,

capital cost

per the pri

on of this

the genera

d apportion

ection: The

s shall be

imation sh

ntage aver

dings.

and priorit

concerned

city Regulat

and Mediu

and related

meter shall

erating stati

3.9.2010 w

ement is sh

rgy accoun

done in ba

nd duly tak

DC/SLDC a

nment of tr

ansmission

riff may be

equity, dep

followed

shall be as

nciple enum

cost may

ation.

ment of tra

estimated

e applied

all be bas

age losses

ies shall b

grid code

tory Comm

m-term Op

d matters) R

Pag

be installed

ions as pe

with RLDC.

hown in An

nt, Reactiv

ased on re

ing into the

at its interf

ransmission

system (

e worked b

reciation, in

by the c

s per audite

merated in

in pro ra

ansmission

percentage

to the r

sed on the

s worked ou

e similar to

and in ac

mission (Con

pen Access

Regulations

ge 26 of 27

d by CTU

r scheme

For sake

nnexure-I.

ve Energy

egulations

e account

face point

n charges

dedicated

based on

nterest on

concerned

ed figures

sub-para

ta to the

losses in

e average

respective

previous

ut through

o the one

ccordance

nnectivity,

s in inter-

s, 2010 as

7

Page 27: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an

Ord

21. I

22. P

(M.DE ME

der in Petiti

(k) All t

beforeha

RLDC/S

(l) Help

so that

impleme

IA No.5/201

etition No.2

Sd/- EENA DAYAEMBER

ion No. 259

amended

is envisag

eventualit

operator

system c

decision i

the above

and and c

SLDC under

of concern

above pr

ented by RL

11 has bec

259/2010 is

ALAN) (V.

9/2010

. Although

ged for pow

ty of tran

will decide

conditions

n this regar

procedure

copy may

r intimation

ed RLDC/S

rocedures

LDCs/SLDC

ome infruct

s disposed o

sd/-.S.VERMA) MEMBER

in normal

wer of both

smission

e schedule

and preva

rd shall be

es/ rules m

also be

to the Com

SLDC may

are in line

Cs.

tuous in vie

of accordin

sd/- (S.JAYA

MEMB

case no e

h ADHPL an

constraints

e of genera

iling hydro

final.

may be en

submitted

mmission.

be sought

e with con

ew of above

gly.

-RAMAN)

BER

Pag

vacuation

nd EPPL, i

, Regiona

ation depe

o condition

umerated

to the c

on the abo

ncerned re

e directions

sd(Dr. PRAMO CHAIRPE

ge 27 of 27

constraint

n case of

al system

ending on

n and his

in writing

concerned

ove issues

egulations

s.

d/- OD DEO) RSON

7

Page 28: CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI … · r Limited is mentation achal Pra tains to th ondent No. n to the s nt petition ng direction (a) Th tra the Hy (b) Th an