pensionary benefits of the applicant on the ground of
pendency of Surcharge Order by the Deputy Registrar's Cooperative
Societies, Khammam as illegal, arbitrary ... release the pensionary benefits
of the applicant. Thereafter, Surcharge Order was passed by the Dy.
Registrar on 28.06.2014 for an amount
Electricity Regulatory Commission (Cross Subsidy
Surcharge, Additional Surcharge and Phasing of Cross
Subsidy) Regulations, 2006.
(2) The amount of surcharge shall compensate for the loss ... para 9.3 of the order (impugned
order).
(xii) The commission while issuing tariff order dated 25.05.2016
provided that additional surcharge of 78 paise
Subsidy Surcharge
and (2) Regulatory Assets Surcharge.
3. The short facts are as under:
(a) The Hon'ble Supreme Court by the Order dated ... same was permitted by the Order
dated 28.6.2013. In pursuance of this order, the State
Commission issued the Impugned Order in case
Wheeling Charges, Cross
Subsidy Surcharge, additional surcharge and other applicable
surcharge under Open Access ("2008 Open Access Order") and
directed as follows ... cross subsidy surcharge:
Cross Subsidy surcharge.
i. The Cross Subsidy surcharge shall be calculated based on the
surcharge formula laid-down in Para
contended in justification of
the impugned order stating that the order impugned is perfectly
valid especially when the order was based upon the Regulations
framed ... Similarly, in the impugned tariff order for the FY 2009-10, the
State Commission reiterated the order regarding surcharge which
had been existing since
reminders.
l. No order was passed by the Commission modifying the tariff
order dated 13.09.2010 which made applicable the cross-
subsidy surcharge ... Tariff Regulations 2008,
which provides that:
"33. Surcharge / additional surcharge. - ...
(2) Unless the Commission otherwise decides, the
difference between the cost to serve/supply
withdrawn the
waiver of cross-subsidy surcharge and, therefore, the cross-
subsidy surcharge was payable immediately without any order to
be passed by the State ... relevant paragraphs of the impugned order,
counsel submitted that though the impugned order determining
cross-subsidy surcharge states that the National Tariff Policy was
being
additional surcharge. Finding fault with the State Commission in levying
additional surcharge on captive consumers totally ignoring its own order
dated 03.11.2016 in Petition ... surcharge,
therefore, would include additional surcharge under Section 42 (4) of the
Act besides cross-subsidy surcharge in terms of Section
surcharge:
Provided that any additional surcharge so determined by
the Commission shall be applicable only to the new open
access customers.
(4) Additional surcharge determined ... order, without
providing any opportunity for the stakeholders, before it passed the
impugned order on approving the quantum of the Additional
Surcharge as ordered
unsustainable insofar
as the Commission has held and ordered that cross subsidy surcharge
shall not be levied to colony / township of the 2nd Respondent?
Page ... Appellant, and on the other hand
collect Cross Subsidy Surcharge when the said surcharge has been
levied owing to the agreements which have been saved
