Impugned Order has failed to take
note of the term "prudent utility practices" mentioned in clause
7.1.1 of the PPA. The said term ... Prudent Utility practices in the PPA has been
defined to mean practices, methods, techniques and standards
that are generally accepted by electric utilities
perform its activities in prudent
manner. PPA also provides definition of Prudent Practices
which is reproduced below:
"Prudent Utility Practices shall mean those
practices ... manufacturers' operation and maintenance
guidelines."
Thus, as per Prudent Utility Practices, TPREL was
expected and required to construct solar plant economically
perform its activities in prudent manner. PPA also
provides definition of Prudent Practices which is
reproduced below:
"Prudent Utility Practices shall mean those practices ... manufacturers' operation and maintenance
guidelines."
Thus, as per Prudent Utility Practices, TPREL was
expected and required to construct solar plant
economically
accident was not beyond the
control of the Appellant.
l) Prudent Utility Practices, as per the definition
contained in the TSA pertain to transmission
licensee ... CERC has held that
accident could have been avoided by following
Prudent Utility Practices.
m) From the Internal Enquiry and Cause Analysis
Report dated
Grid Code, the terms and
conditions of this Agreement and Prudent Utility
Practices.
c) The commencement of supply of power up to the
Contracted Capacity ... Affected Party had taken reasonable care or complied
with Prudent Utility Practices:
a) Act of God, including, but not limited to lightning,
drought, fire
taken reasonable care or complied with prudent utility
44
Judgment in Appeal No. 360 of 2019
practices. The Impugned Order proceeds on the premise that ... held responsible.
vii) Drawing our attention to the term "Prudent utility practices
Adani Transmission (India) Limited vs Central Electricity Regulatory ... on 8 November, 2017
Appeal No. 226
affected party had taken reasonable care
or complied with the „Prudent Utility Practices‟.
34. In the present case, the respondent itself having delayed
initiating ... certainly has not acted
with reasonable care or complied with the Prudent Utility
Practices. Further, the time taken by RRECL and the Government
of Rajasthan
Grid
Code, the terms and conditions of this Agreement
and Prudent Utility Practices; and
c) the commencement of supply of power up to the
Contracted ... 2020 Page 31 of 64
reasonable care or complied with Prudent Utility
Practices:
a) Act of God, including, but not limited to lightning,
drought, fire
Grid Code,
the terms and conditions of this Agreement and
Prudent Utility Practices; and
c) the commencement of supply of power up to the
Contracted ... Affected Party had taken reasonable care or complied
with Prudent Utility Practices:
a) Act of God, including, but not limited to lightning,
drought, fire
