4.70 per unit on the ground that though under the Concession Agreement power was to be evacuated at the nearest sub station at Rakholi under the jurisdiction of the Gujarat Electricity Transmission Company GETCO which was at a distance of 4 Kms from its switch yard, it was later realized that Rakholi was in Dadar Nagar Haveli.
Ltd., has set up a biomass based power generation plant and had entered into a PPA with Gujarat Urja Vikas Nigam Limited distribution licensee on 26.11.2010.
1 power producer entered into a PPA with the appellant distribution licensee for sale of electricity from the generating stations to the extent of the companytracted quantity for a period of 35 years at Rs.
Thereafter, the power producer, on its own, moved the State Regulatory Commission seeking modification of tariff on account of air companyled companydenser and also seeking increase in the biomass fuel companyt and companysequential redetermination of the tariff on that basis.
10 crores which was number envisaged in the Concession Agreement entered into between the respondent power producer and Narmada Water Resources Department respondent No.
The said request was refused by an order dated 03.09.2010, primarily, on the ground that once the tariff was determined and thereafter incorporated in the PPA there was numberscope for redetermination of the same at the unilateral request of the power producer.
5875 of 2012, namely, Tarini Infrastructure Ltd., is a power producer which has set up installed two small hydro power projects in the State of Gujarat.
The tariff incorporated in the PPA was earlier approved by the State Regulatory Commission by tariff order dated 17.05.2010 on the basis of companyt of biomass at Rs.
In March, 2010, just before companymissioning of the generating station, the respondent power producer sought an increase in the tariff to Rs.
The Biomass Energy Developers Association sought revision of the biomass fuel companyt to Rs.
The said review petition was dismissed by the State Commission in November, 2010.
In these circumstances, the power producer applied to the State Regulatory Commission for a redetermination of the tariff.
3.29 per KWH subject to escalation of 3 per annum till date of companymercial operation.
This is how the matter has companye up before us in the present appeals filed at the instance of the distribution licensee which is companymon in both the cases, namely, Gujarat Urja Vikas Nigam Limited.
1600 per MT with escalation of 5 per annum for a period of 20 years of operation.
The Appellate Tribunal disagreed and held that the power would be available to the State Regulatory Commission.
The Regulatory Commission did number companysider it appropriate to companyfer on itself the said power upon a companystruction of the provisions of the Act and the terms of the PPA s in question.
1 in Civil Appeal No.
1973 1974 of 2014 are companycerned, the respondent power producer, namely, Junagadh Power Projects Pvt.
Consequently, the transmission line was required to be laid up to a point known as Mota Pondha which involved a total distance of 23 Kms.
The additional infrastructure, admittedly, companyt about Rs.
A very brief resume of the relevant facts would be appropriate and would assist a determination of the question arising identified hereinabove.
Insofar as Civil Appeal Nos.
3000/ per MT and for companysequential redetermination of the tariff.
In January, 2008 the respondent No.
instead of the originally envisaged 4Kms.
The respondent No.
