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6|Page evacuation of contracted capacity from the delivery point to the procurer's network, not later than the scheduled connection date. 8.6 As provided in the PPA, the GUVNL informed EPGL on 26 March, 2007 that it had requested GETCO to initiate necessary action for evacuating 1,000 MW of power from the delivery point which was the 220 KV Vadinar sub-station. Subsequently, EPGL had a meeting with GETCO wherein the latter clarified that the nearest GETCO 220 KV sub-station was at Jamnagar. GETCO further pointed out in a meeting on 11.04. 2007 that in view of techno-economic considerations, it would prefer to evacuate power at 400 KV level from EPGL's bus bar instead of 220 KV sub-station at Jamnagar. EPGL requested GUVNL to decide on the issue because the PPA would be required to be amended for this purpose. There were correspondence and interactions regarding the cost implications and other aspects. Finally, on 21 July 2007, GUVNL informed EPGL that it had agreed to off-take the contracted capacity from EPGL's Vadinar bus bar at 400 KV voltage level and that EPGL would have to set up the required infrastructure for the evacuation of power from the bus bar without any cost implications to GUVNL/GETCO.

9|Page voltage within the permissible limits to have the connectivity of the 400 KV switchyard.

8.13 On 02.08.2011, GETCO issued a letter to EPGL declaring the Commercial Operation of the 400 KV Vadinar-Hadala Transmission Line w.e.f. 25.04.2011.

8.14 The EPGL informed GETCO on 16.08.2011 that the 400 KV line at EPGL end could not be charged due to high voltage and EPGL also suggested a meeting of all concerned, including State Load Dispatch Centre and Areva. Accordingly, a meeting was held on 29.08.2011 between GETCO, EPGL and Areva in the context of stabilization of Vadinar-Hadala 400 KV Transmission Line.

28 | P a g e 12.12 that the State Commission has proceeded on the erroneous basis that by letter dated 2.8.2011 GETCO communicated to all concerned regarding Commercial Operation of the 400 KV Vadinar-Hadala line only on 2.8.2011 even though GETCO claims in that very same letter that the line was charged on 25.04.2011. The State Commission failed to appreciate that the letter dated 2.8.2011 written by GETCO was a normal communication of the line having been duly charged on 25.4.2011 itself and it was not a date of declaration of commercial operation of the line by GETCO. The wordings of the letter itself clearly show that GETCO is referring to the charging of the line on 25.04.2011. There is nothing in the letter to even remotely infer that despite charging the line on 25.04.2011 GETCO had not wanted the commercial operation because of any problem.

13.19 The next issue is whether the line was in usable condition from 02.08.2011 onwards as considered by the State Commission as per the Communications given by GETCO.

The Letter dated 02.08.2011 by GETCO only declaration of commercial operation of the transmission assets. The content of the letter is that the 400 KV Vadinar-Hadala D/C line along with bays at both ends was charged on 25.04.2011. It was only intimation to all that the Transmission line was charged on 25.04.2011 and it was operational for all intra-state beneficiaries/discoms/utilities, etc. This does not mean that the line was not in service from 25.04.2011 onwards. In our opinion, the State Commission failed to appreciate that the letter dated 02.08.2011 written by GETCO was a normal communication. 13.20 After going through all the above submissions and analysis we consider the date of rectification of line after replacement of stolen conductor and 46 | P a g e erection of fallen tower i.e. 02.07.2011 as the date of transmission line availability, even though the transmission line was originally charged on 25.04.2011, since the line was kept idle as per instructions of SLDC from 26.04.2011 onwards and the line was charged after rectification on 02.07.2011 as per the officials of GETCO during technical clarification time.