with the Grid Code specified under Clause (h) of Sub-section (1) of Section 79;
(i) specify or enforce standards with respect to quality, continuity ... functions of the Central Commission, Section 86 lays down the functions of the State Commission. Section 79, inter alia, provides that the Central Regulatory Commission
section (1) of Section 62 of the Act.
32. We have considered the submissions of the parties.
33. Sections 79 ... dehors Section 62(1) , Section 64 would have authorized the concerned party to file an application under Section 79(1)(a) & (b) and Section
Power Company Of Karnataka Limited & Anr vs Udupi Power Corporation Ltd. & Ors on
Central Electricity
Regulatory Commission ("the Central Commission") by Section 79 which, to
the extent relevant here, reads as under:
" Section 79 . (Functions ... Section
86 of the Electricity Act, 2003, include adjudication upon the disputes. The
relevant clause - Section 86(1)(f) - reads as under:
" Section
generating
companies under clause (a) to (b) of sub section (1) of Section
79 of the Act shall not be subject to re-determination ... matter falls within the section 79(1)(a) to 79(1)(b) of Electricity Act, 2003
the provisions of section
State Commissions under Section
86(1)(f) of the Electricity Act.
What is, however, common both to Section 79(1)(f) and Section ... bilateral
arbitration agreement and Section 11 of the Arbitration & Conciliation Act,
both with reference to Section 86 and Section 79 (Paras
following:
i) CERC cannot resort to regulatory powers under Section 79 of the Act to
deviate from any regulations framed under Section ... Regulation 2014" and CERC cannot resort to Regulatory Power under Section
79 of Electricity Act 2003. Per Contra, learned Counsel on behalf of CERC
when the
Commission adopts tariff under Section 63 , it functions
dehors its general regulatory power under Section 79(1)(b) .
For one thing, such regulation ... obstante clause advisedly restricts itself to
Section 62 , we see no good reason to put Section 79 out of
the way altogether. The reason
section (1) of section 76 or the State
Regulatory Commission referred _ to in section 82 or the joint
Commission referred to in section ... Section 79 (1) (h) of the Electricity Act dealing with the functions of the
Central Commission provides that the Central Commission has to specify
Grid
Conduct Of Business Regulations vs Haryana on 11 November, 2011
Judgment in OP No.1
