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2.The relief sought for in the present writ petition is similar to the relief sought for by the writ petitioners in a batch of writ petitions in W.P.No.26266 of 2013 [M/S.A.R.S.METALS LTD., v. TANGEDCO], etc. and batch, which was decided by this Court on 27.08.2021.

3.The relevant paragraphs of the said order are extracted hereunder:

“2.The main issue in all these Writ Petitions relates to implementation of the charges concerning a generator’s start-up power pursuant to Tariff Order T.P No. 1 of 2013 dated 20th June, 2013 as issued by the TNERC for Determination of Tariff for Generation and Distribution.
3.4. The tariff order dated 31.07.2010 provided for the billing under the HT-III tariff consisting of demand charges of Rs. 300/KVA/Month and energy charges of Rs 5.80 Rs/kWh and generators were billed for start-up power at the corresponding average billing rate of 7.02 Rs./kWh.
3.5. The TNERC, in the Tariff Order No.1 dated 30 th March 2012, created a new tariff category i.e., High Tension Tariff V applicable for High Tension consumers availing temporary supply. The average billing rate for HT V category was fixed at Rs. 10.45/ kWh, which was inclusive of the energy charge fixed at Rs. 9.50/ kWh plus the demand charge of Rs. 300 /kVA/Month. The said charges of https://www.mhc.tn.gov.in/judis Rs. 10.45/ kWh was applicable to power plants availing start-up power by virtue of the provisions of the Tariff order dated 15th May 2006 and the Tariff Policy stipulated that standby power is to be provided on payment of tariff for HT temporary connection.

5.Pursuant to the above, Tariff Order TP No. 1 of 2013 dated 20th June 2013, came to be passed by TNERC providing for grid availability charges and the relevant portions are extracted and hereunder:

“Grid Availability Charges 5.65 TANGEDCO in its petition has requested the Commission for approval of energy charges plus the energy equated demand charges applicable to HT Temporary supply tariff as Grid Availability Charges. 5.66 TANGEDCO submitted that the Grid Availability Charges are for providing standby arrangements to Open Access customers in the following cases:

12.In the present batch of Writ petitions, the dispute revolves around the interpretation of the tariff order passed by TNERC in TP No 1 of 2013, dated 20.06.2013. And according to the Petitioner, TANGEDCO is misinterpreting the order to its advantage and causing serious financial implications to the Petitioners. Under normal circumstances, an application should have been filed before TNERC seeking for clarification. Since there was no quorum, the TNERC was not able to https://www.mhc.tn.gov.in/judis function during the relevant point of time and all these Writ Petitions came to be filed before this court.