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9. Written submissions filed by learned counsel, Ms. Ranjitha Ramachandran, appearing for the Respondent Nos. 7 to 9 & 14/Rajasthan Discoms are as under:

9.1 Appellant's contention is that auxiliary consumption should be considered based on actual expenditure despite the PPA terms and bid assumed parameters as well as without any prudence check or test of reasonableness. In fact, the auxiliary consumption is the consumption of electricity in the process of generation of electricity. The auxiliary consumption depends on various factors and is dependent on the efficiency of the generator such as the Appellant in operating the station. Therefore, the Appellant cannot simply claim auxiliary consumption on the basis of its actuals. The electricity duty or cess imposed on auxiliary consumption has been allowed as Change in Law. However, the compensation cannot be simply based on actual expenditure incurred by the Appellant. It has to be subject to prudence check as the Procurer-Respondents should not be required to bear the burden of inefficiencies of the Appellant. Only reasonable Judgment in Appeal No.77 of 2016, Appeal No. 136 of 2016 & prudent expenditure incurred due to the Change in Law event has to be allowed.

13. Written submissions filed by the learned counsel, Ms. Ranjitha Ramachandran, appearing for the Appellants/Distribution Companies are as under:

13.1 The Appellants have challenged the Order dated 22.09.2016 of Central Commission in so far as it allows the claim of the first Respondent for compensation of royalty, excise duty and clean energy cess based on quantum of coal on actual basis but without considering the ceiling of Station Judgment in Appeal No.77 of 2016, Appeal No. 136 of 2016 & Heat Rate of 2241 Kcal/kWh for the period from 2013-14 to 2015-16 despite accepting the principle of computation for the future period i.e. from 2016-17. 13.2 The Central Commission has rightly considered the compensation based on the actual quantum of coal consumed related to energy generated i.e. coal utilized for generation and supply of electricity. Further the Central Commission has rightly considered the quantum of coal based on the ceiling of the coal to be consumed as per the Station Heat Rate of 2241 kcal/kwh and Auxiliary Consumption of 6%.