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(a) The parallel operation charges shall not be applicable if the CPPs are not connected with the grid.
(b) The purposes of levying supply affording charges and standby charges are different. These are not related to the parallel operation of the CPPs with the grid.
(c) Parallel operation charges cannot be made a part of transmission charges as these charges cannot be levied on all consumers.
(d) Auxiliary consumption of captive generating plants as a parameter may be deducted from the installed capacity of the plant for computation of parallel operation charged.

7. It is this order which is being challenged by way of an Appeal under Section 41 of 2000 Adhiniyam. Whereas, some :: 7 ::

Writ Petition Nos.10036/13, 10658/13, 12545/13, 15461/13, 2041/14, 2048/14 and M.A. Nos.2524/13 & 136/14 of the stakeholders have challenged it by way of writ petition under Article 226 of the Constitution of India.

8. Justifying the challenge under Section 41 of 2000 Adhiniyam and countering the preliminary objections that an Appeal under Section 111 of 2003 Act would lie, it is urged on behalf of the Appellants that, 'Electricity' being mentioned at Entry 38 of List III-Concurrent List of Schedule 7 of the Constitution of Indian, enabling both the parliament and the State Legislature competent to enact laws on the subject and that M.P. Vidyut Sudhar Adhiniyam, 2000 enacted by the State Legislature was reserved for the consideration of the President and has received his assent on 12.2.2001 and by virtue of sub-section (3) of Section 185 of 2003 Act, the provisions of 2000 Adhiniyam, not inconsistent therewith, being saved, and that Chapter III of 2000 Adhiniyam provides for creation of M.P. Electricity Regulatory Commission and also defines its functions and powers. And, that powers under Section 9(r) of 2000 Adhiniyam and under Section 181(2)(zp) of 2003 Act, covers the residuary powers. And, the thrust of Appeal is that the MPSERC has no jurisdiction to pass the impugned order as parallel operation charges is neither a charge nor tariff and the State :: 8 ::