Document Fragment View

Matching Fragments

e) The State Commission, vide Common Order dated 23.01.2009 in suo-motu Petition No. 10 of 2008 (M) and Petition No. 11 of 2008 (M), held that in all cases in which a generator is not a captive generation plant, or otherwise has been declared a non-captive generating plant in pursuance of the provision of sub-rule (2) of Rule 3, parallel operation charge shall not be leviable on them.

f) CSPDCL sought the review of the order dated 31.12.2008 for review of the formula for levy of POC. The State Commission vide order dated 13.10.2009 in Review Petition No. 20 of 2009 (M) reviewed the order dated 31.12.2008 in Petition No. 39 of 2006 (M) and held that POC shall be calculated at the rate of Rs. 21/- per KVA per month on the "captive and non-captive load of CGP"

Parallel operation charges are levied only on captive generating plants and are not leviable on other generators. In our order regarding parallel operation charges passed on 31.12.2008 in case No. 39 of 2006, it has been reiterated that such charges are applicable only to captive generating station which have their own industrial/commercial load. Since admittedly the respondent in this case [petitioner in case No.11 of 2008(M)] is not a CGP, parallel operation charges are not payable by him. We also direct that in all cases, in which a generator is not a captive generation plant, or otherwise has been declared a non-captive generating plant in pursuance of the provision of sub-rule (2) of Rule 3, parallel operation charge shall not be leviable on them. In the present case if the respondent is paying parallel operation charges, it should be stopped and the charges already paid by the generator so far, be adjusted against the cross subsidy surcharge payable by him to the distribution company being the Board's successor."

The State Commission has clearly brought out in its order that M/s Aryan is not a CGP and hence POC is not payable by it and ordered that POC already paid by it be adjusted against CSS payable by it to the distribution A. Nos. 44, 60, 248 of 2015, 93 of 2015 with IA No. 141 of 2015 & 299, 300 of 2014 & 249 of 2016 and A.Nos. 294, 295 of 2014, 248 of 2014 with IA No. 407 of 2014, 249 of 2014 with IA No. 408 of 2014, 05, 35, 36, 37, 38, 39, 40, 262, 249 of 2015 & 265 of 2016 with IA No. 553 of 2016 licensee. Further, the State Commission also held that if a generator is declared a non-captive generating plant in pursuance of the provision of sub-rule (2) of Rule 3, parallel operation charge shall not be levied on them. As discussed at C. 3. i. above, the status of a plant captive or non-captive can be known post facto only after the completion of financial year in question.