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2. In the year 1992-93, Kawas GPS was set up by the National Thermal Power Corporation Ltd. (for short "NTPC") for generation of electricity with gas linkage of 2.25 MMSCM per day. During the year, 1994-95.

2. Gandhar GPS was also commissioned by the NTPC with gas linkage of 1.5 MMSCM per day to be increased to 2.25 MMSCM. On 30th April, 1994, Notification was issued by the Government of India under Section 43A of the Electricity (Supply) Act, 1948, whereby Tariff for Kawas GPS was determined for the period upto 31st March, 1998. The Target Availability PLF was fixed at 62.78 per cent for the full fixed cost recovery.

4. The terms and conditions for determination of Tariff for the period 1st April, 2004 to 31st March, 2009 have been specified by the Commission in terms of the Central Electricity Regulatory Commissions (Terms and Conditions of Tariff) Regulations, 2004 (the regulations). As specified in Sub-clause (a) of Clause (i) of Regulation 16 of the regulations in respect of all thermal power generating stations, except those specifically mentioned, under Sub-Clauses (b) and (c) thereof, target availability for recovery of full capacity (fixed) charges is 80 per cent. These, two generating stations are not exempted in terms of Sub-Clauses (b) and (c) and thus, the target availability for recovery of full capacity (fixed) charges of 80 per cent applies to Kawas GPS and Gandhar GPS individually. The Petitioner seeks relaxation under proviso to Clause (2) of Regulation 2 and also Regulation 13.