As such the impugned order passed by the Appellate Tribunal for Electricity has companypletely ignored the fact that the CERC order, which was passed suo moto and ex parte, is number est and without jurisdiction?
This appeal was admitted on 1.5.2006 to be heard on the following questions of law Whether the application of Availability Based Tariff ABT in relation to Unscheduled Interchange UI charges, which otherwise is number a companyponent of tariff in terms of Regulation 15 of the Central Electricity Regulatory Commission Terms and Conditions of Tariff Regulations, 2004 and they are liable to be held as beyond the jurisdiction of the Central Electricity Regulatory Commission CERC ?
The appellants challenged the order of the Central Electricity Regulatory Commission CERC dated 4.7.2005 passed in petition No.67/2003 suo moto , whereby the CERC inter alia ordered the application of Availability Based Tariff ABT to Simhadri SPTS thermal station of the National Thermal Power Corporation NTPC with effect from December 1, 2005.
Can the Availability Based Tariff as established and provided in the order of the CERC by its order dated 4.1.2000 be implemented under the provisions of Electricity Act, 2003, particularly when there is numberprovision under the statute that allows the CERC to levy Unscheduled Interchange Charges?
and G whether in the present facts and circumstances as regards the Simhadri SPTS thermal station of the National Thermal Power Corporation NTPC which admittedly supplies power to the State Grid and has numberconnection with the management of the National Grid, can the CERC in such circumstances exercise, particularly when matters relating to the State Grid falls within the role and function of the State Electricity Regulatory Commission?
FACTUAL BACKGROUND This appeal has a chequered history leading to the passing of the 4th July, 2005 order by CERC.
K.SEMA,J. This appeal is directed against the judgment and order dated 3.1.2006 passed by the Appellate Tribunal for Electricity Appellate Jurisdiction in Appeal No.152 of 2005 whereby the Appellate Tribunal dismissed the appeal filed by the appellants.
