of Andhra Pradesh had granted a licence to the appellant under Section 3 of the Act of 1910.
The licensee shall companyply with the requirements of the provisions of the said Act and the applicable provisions of the Indian Electricity Act, 1910 and Electrcity Supply Act, 1948, the Indian Electricity Rules, 1956 and other laws and regulations.
BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH Sd S.SAMPATH SECRETARY TO GOVERNMENT But before the expiry of the date of the provisional licence, the appellant moved an application under Section 16 of the Act for grant of exemption from licence for supply of generated power to its shareholders and their sister companycerns.
This inference has been drawn on the basis of a letter dated 21.12.1995 sent by the appellant making a request for setting up a generating plant for captive companysumption.
It was to generate power and energy for captive companysumption of the participating industries and its shareholders and sister companycerns.
The Regulatory Commission recorded a finding that Govt.
6338 OF 2001 Precot Mills Ltd. Versus P.Electricity Regulatory Commission Ors.
The reason for seeking exemption, as indicated was that energy was being supplied to sister companycerns and the equity shareholders only and that the operation and maintenance of the power station is carried out by APTRANSCO.
4662 OF 2001 My Home Cement Industries Ltd. Versus P.State Regulatory Commission Ors.
4661 OF 2001 Madras Cements Ltd Versus P.State Regulatory Commission Ors.
No.167 dated 15.05.1989 and in O.Ms.
The appellant was number companyered under the above provision.
In this companynection, the Commission refers to a letter dated 11.5.2000 issued by the Government of Andhra Pradesh that the appellant was carrying on operation of generation and supply of energy to participating industries and their sister companycerns as per Memorandum of Understanding.
The wheeling of the power is also carried on by APTRANSCO.
WITH CIVIL APPEAL NO.
The appellant companypany was set up on the proposal of the Government, by the APSEB and the private industries as participating industries.
CIVIL APPEAL NO.
5208 OF 2001 India Cements Co. Ltd. Versus P.Gas Power Corporation Ltd. Ors AND CIVIL APPEAL NO.
The A.P.Electricity Regulatory Commission, however, rejected the application by order dated 7.7.2000.
CIVIL APPEAL NO.
No.158 dt.21.12.1995.
With the sanction of extension of the project by setting up another generating station at Vijjeswaram itself a second Memorandum of Understanding was executed on 19.4.1997 amongst APGPCL, APSEB and 22 other private sector undertakings.
No.158, Energy Power I Department, dated 21.12.1995 on the following terms and companyditions.
Clause 10 a provided that the power station of APGPCL will work parallel with the P.System and APSEB agreed to transmit the power generated by APGPCL to the Participating Industries for which the APGPCL is to get wheeling charges in kind namely, a part of energy put into the A.P.System at the generating station of APGPCL.
