February & March 2017 REGULATORY TRACKER. Regulatory Tracker. The Tata Power Company Ltd. Meant for (Internal Circulation) Rev No.

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1 CREG/INT-Regulatory Tracker//14/R0 Date of Issue: 17/04/2017 February & March 2017 REGULATORY TRACKER Meant for (ternal Circulation) Rev No. Reason for Revision Prepared By & Date Farrukh Aamir + Shubhayu+ R0 Ambica Gupta + Sarika Jerath ( ) Checked By & Date - - Approved For Issue By & Date

2 CREG/INT-Regulatory Tracker//14/R0 Date of Issue: 17/04/2017 Status of Cases 1. The analysis covers the 138 cases filed from the beginning of FY-17 and updated as of 31 st March 2017 involving Tata Power and Tata Power Group Companies (excluding TPDDL) at SERCs, CERC, APTEL, High Courts and the Supreme Court. Of the 138 cases filed, in 35 cases the order/ judgment has been pronounced, in 24 cases the order is reserved, 5 cases have been withdrawn and the remainder 74 cases are presently being heard. 2. The table below gives the break-up of cases filed in different forums. Table 1: Cases volving Tata Power Group (TPDDL not included) Petition/ Appeal Filed with No Passed Hearing in progress APERC 1 1 KERC 1 1 Yet to commence Withdrawn/ Dismissed MERC JSERC CERC APTEL Supreme Court Bombay High Court 1 1 Total As of 31 Mar Total As of 28 Feb The table below gives the break-up of cases filed by Tata Power in different forums. Table 2: Cases Filed by Tata Power Group (TPDDL not included) Petition/ Appeal Filed with No TPC-MO Jojobera TPREL Powerlinks MPL CGPL TPTCL APERC 1 1 KERC 1 1 MERC JSERC 3 3 CERC APTEL Supreme Court Bombay High Court 0 Total As of 31 Mar Total As of 28 Feb s have been passed in 35 matters and reserved in matters are being heard and date for first hearing is awaited in 8 cases. 2

3 CREG/INT-Regulatory Tracker//14/R0 Date of Issue: 17/04/2017 Figure 1 : Status of Cases as of 31 st Mar 2017 Yet to commence, 8 Withdrawn/ Dismissed, 5 Passed, 35 Hearing in progress, 66, Of the 35 orders passed, 22 have been in favour and 10 against Tata Power. s MERC JSERC CERC APTEL Bombay HC Supreme Court s Issued % favour % Not in favour/ Neutral % Total / Judgment Issued, cases dismissed/ withdrawn in Feb & Mar the months of Feb and Mar, one order was passed by CERC and two petitions have been withdrawn. Table 3: / Judgment Issued or withdrawn during the Feb & Mar 2017 No Case/ Appeal/ Petition CERC Petition No 72/MP/ Appeal No 190 of 2015 Appeal No 272 of 2015 Case Petition seeking in-principle approval of Environment related Abstract Schemes MPL Appeal against the WBERC MYT for DVC for FY to FY -17 MPL Appeal against the JSERC MYT for DVC for FY to FY / Judgment Summary has been passed by CERC on Although the Petition has been held not maintainable, CERC has admitted that the amendments brought out by MoEF indeed qualifies under 'Change in Law' and has directed MPL to approach CEA to decide specific optimum technology and associated cost. Further MPL should also take up the matter with MoEF for phasing of the implementation of the different environmental measures. The Appeal has been withdrawn and disposed on based on the amicable settlement between MPL and DVC. The Appeal has been withdrawn and disposed based on the amicable settlement between MPL and DVC. 3

4 CREG/INT-Regulatory Tracker//14/R0 Date of Issue: 17/04/2017 New Petitions/ Appeals filed in Feb and Mar petitions and two appeal have been filed involving Tata Power. The case details are as follows: Table 4: New Petitions/ Appeals filed in Feb and Mar 2017 No Case No Filed By Filed with Case Summary and Status MERC Case No 108 of MERC Case No 162 of MSEDCL Adani Transmission MERC MERC Petition filed by MSEDCL for review and merging of Solar & non Solar RPO targets and to specify a composite RPO target other relevant issue. On 9th March, 2017 the Hon'ble MERC heard the submissions of all the parties and thereafter, reserved the matter for orders. Adani Transmission (dia) Ltd has filed a Petition against MSETCL seeking recovery of Late Payment Surcharge (LPS) and for initiation of proceedings in respect of non-compliance of directions issued by MERC. 3. MERC Case No 4 of 2017 Consumer MERC The matter is listed for hearing on 21st March, A consumer has filed a review petition of BEST's MYT seeking review of the MERC's order w.r.t. refund of TDLR. The Review Petition was listed for hearing on 30th March, 2017 and MERC upon hearing submissions of the parties has reserved the matter for orders. Petition of Rfra-G and Rfra-D for approval of Power Procurement Plan MERC Case No 5 of 2017 MERC Case No 7 of 2017 MERC Case No 23 of 2017 R-fra Anila Gupta MSEDCL MERC MERC MERC The matter was heard on 28th February, MERC has raised certain queries to which Rinfra has to respond within 2 weeks. The matter will be listed for another TVS thereafter. Petition of Ms. Anila Gupta seeking clarification of the MYT dated in Case No. 33 of, w.r.t. refund of TDLR. The Review Petition was heard on 30th March, 2017 and MERC upon hearing submissions of the parties has reserved the matter for orders. Petition of MSEDCL for in principal approval of the precondition of furnishing Bank Guarantee/ Revolving Letter of Credit as a payment security mechanism which shall be equivalent to the CSS and additional surcharge applicable to an open access consumer to be furnished by an entity who claims itself to be a captive/group captive generator before grant of open access. 7. MERC Case No 25 of 2017 BEST MERC Petition is listed for hearing on 18th April, 2017 BEST has submitted a Petition for Approval of Power Procurement Plan for FY to FY for the BEST Undertaking under Regulation 19 & 20 of MERC (MYT) Regulations The matter heard on 9th March, 2017 and MERC has directed BEST to file additional information to the 4

5 CREG/INT-Regulatory Tracker//14/R0 Date of Issue: 17/04/2017 No Case No Filed By Filed with Case Summary and Status MERC Case No 33 of 2017 MERC Case No 39 of 2017 Suo-Moto Tata Power MERC MERC Tata Power MERC queries sought by the Commission. The matter will be kept for hearing thereafter. MERC has issued a draft order on the Generic Tariff for Renewable Energy Technologies in Maharashtra for FY Public hearing was conducted on 22 Mar 2017 and TPC submitted its comments. The order is awaited. Tata Power has filed its petition for approval of its power procurement plan as per the directions of MERC as well the MYT Regulations, 2015 The petition was listed for hearing on 6th April,, however the MERC vide its notice dated 31st March, 2017 has adjourned the matter until next intimation. Tata Power has filed a petition seeking reconsideration of i) methodology for computation of Base Operation and Maintenance Expenses for Distribution Supply Business for the 3rd Control Period and ii) the methodology for computation of Escalation Rate for determining the Distribution Wires and Supply Business specified under the Maharashtra Electricity Regulatory Commission (Multi Year Tariff) Regulations, Appeal No IA No. 160 of 2017 in DFR 144 of 2017 (IA No. 160/17 for condonation of delay in filing the appeal) Global Energy Limited APTEL Tata Power had filed the petition on 29th March, The petition will be listed for hearing in due course. Global Energy has filed an appeal against MERC's order dated 16 th November, in Case No. 186 of The matter is listed for admission on 30 th March, After hearing the submissions of the Appellant, the Hon ble Tribunal was pleased to admit the present matter. The Hon ble Tribunal has directed respondents to file their reply on or before and rejoinder be filed on or before The matter is now listed on BEST has filed a Civil Appeal against the Hon ble Tribunal s Judgment dated in Appeal No. 243/ Civil Appeal Nos of 2017 BEST Supreme Court Tata Power has been served with a copy of the appeal on 1st March, The matter was listed for admission hearing on 10th March, 2017 wherein the Bench observed that the matter be connected with C.A. No. 4074/2015 and C.A. No. 4862/2015 (BEST s appeals challenging APTEL s judgment in Appeal No. 216/2014). No Notice has been issued in the Appeal. Matter listed for hearing in April Following are the matters that are listed to be heard in the month of April No 1. Case No MERC Case No 16 of 2017 Petitioner/ Respondent P - Ashok Kulkarni Date of hearing Case Petition of Shri Ashok Kulkarni under Section 128 of the EA, 2003 for investigation of the books of accounts of Tata Power Company Limited in respect of various contracts 5

6 CREG/INT-Regulatory Tracker//14/R0 Date of Issue: 17/04/2017 No Case No MERC Case No 23 of 2017 CERC Petition No 04 and 05 of 2017 Appeal No 201 of 2014 & IA of 2014 Appeal No 77 of 2015 Appeal No 43 of Appeal No Appeal No 23 of 2017 & IA No. 54 of 2017 Appeal No 236 of & IA NoS. 500 & 501 of Petitioner/ Respondent Date of hearing P - MSEDCL P - MPL R - TPDDL, BSES P - R fra P - Global Energy Limited P - TPREL P - Usha Nagar P - Tata Power P - NESCO Case awarded in respect of painting, dredging, coal handling, coal freight, shipping cost etc. from FY Petition of MSEDCL for in principal approval of the pre-condition of furnishing Bank Guarantee/ Revolving Letter of Credit as a payment security mechanism which shall be equivalent to the CSS and additional surcharge applicable to an open access consumer to be furnished by an entity who claims itself to be a captive/group captive generator before grant of open access. Petition before CERC in connection with disputes and differences arising under the MT PPA between MPL & BRPL and MPL & TPDDL. Appeal to set aside the to the extent that Tata Power should not be allowed to use R-fra's network GEPL has filed an appeal against the MERC s dated in Case No.148 of Tata Power had filed a caveat with regard to the said order of MERC however, the registry erroneously listed the matter without giving a formal intimation/ serving a copy of the Appeal paper book. TPREL has filed an appeal against the of the Hon'ble MERC in Review Petition 71 of 2015 dated 6th November, 2015 Pursuant to the of the Hon'ble High Court in Writ Petition No of 2015 dated , New Ushanagar Co-operative Housing Society Ltd. has filed an appeal before the Hon'ble APTEL challenging the dated , passed by Hon'ble MERC in Petition No. 168 of 2014 Tata Power - Generation filed an Appeal under Section 111 of the Electricity Act, 2003 challenging the legality, validity and propriety of the MYT dated in Case No.32of passed by Ld. Maharashtra Electricity Regulatory Commission NESCO has filed the appeal challenging the order of the Hon'ble MERC in Case No. 124 of 2015 dated 7th July, challenging the Hon'ble MERC's directive that the jurisdiction

7 CREG/INT-Regulatory Tracker//14/R0 Date of Issue: 17/04/2017 No Case No Petitioner/ Respondent Date of hearing Case in the matter lies with the CGRF and not with the Commission 9. The table below summaries the status of each case which are being heard and for those for which the order is reserved. Cases for which orders have been issued have not captured in the table below. The case updates for the month are highlighted in orange and new cases added to the tracker are highlighted in green. 7

8 CREG/INT-//14/R0 Date of Issue: 17/04/2017 Petitions filed with MERC (Being heard) The matter was heard on 14th Oct MERC has stated that since, the matter is subjudice before the Supreme Court, it would not be appropriate to proceed Petition of TPC for determination of further in the matter till the final Judgment TPC's Petition for compensation as per ATE judgment of the Supreme Court. TPC is directed to 117 of determination of payable to Tata Power D for nonscheduling of 198 MW of power in the %20%20Case%20No.%2 pdf/%2058%2042/daily implead MSEDCL, R-fra-D and BEST as compensation parties in the matter and serve the copies payable by MSLDC months February 2011 and March of petition and submissions upon them. 0117%20of% pdf 2011 by MSLDC Next date of hearing shall be communicated by the Secretariat of the Commission on receipt of final Judgment of the Hon ble Supreme Court of of 2014 Municipal Corporation of Greater Mumbai has filed the present petition seeking an appropriate mechanism for compensating revenue loss of past revenue gaps and cross subsidy from the BEST's consumers who would migrate to TPC in the BEST's license area. Network Rollout Plan of Tata Power- D Petition for relief on account of certain issues that may affect BEST Undertaking and its financial sustainability due to migration of consumers to TPC-D Network Rollout Plan of Tata Power-D submitted under petition as per the directives of MERC in the Tata Power- D Grant of Distribution License in Case 90 of 2014 Matter was heard on 13th Jan BEST sought adjournment due unavailability of its senior officers due to its budget presentation and discussion in the House of Municipal Corporation of Greater Mumbai. Accordingly the Commission adjourned the hearing. TPC-D pointed out that BEST had filed this Petition on 9 June, 2014 prior to granting of Distribution License to TPC-D and the subsequent Judgments of Hon APTEL on various Appeals filed, related with the TPC-D License matter. this background a point was raised on whether BEST wishes to continue or reconsider this Petition. BEST may respond to this point, before the next hearing. Next date of hearing will be communicated to the parties by the Secretariat of the Commission. MERC issued the public notice on 20th May, inviting suggestions/objections for the public. The Public hearing was scheduled on 21st June,. Upon hearing all suggestions/objections to the 8

9 CREG/INT-//13/R0 Date of Issue: 13/02/2017 network rollout plan of Tata Power and the committee Report, the matter is now reserved for order. Tata Power needs to file its response to the objections raised of of 2015 Petition for determination of Tariff from Cogeneration plant Petition for approval of switchover protocol in line with ATE judgment Petition with revised prayers to the Petition filed in 56 of 2011, under Section 62 (1) (a) and 86 (1) (e) of the Electricity Act 2003 for determination of tariff for supply of electricity from dustrial waste heat recovery cogeneration Power plant of 30 MW capacity at Ghugus, Dist Chandrapur of Maharashtra to the Distribution licensee in Maharashtra and fixation of purchase obligation for electricity produced from waste heat recovery based Co-generation plants. Tata Power has been impleaded in the matter as Respondent. Petition for approval of protocol to enable consumers to select any electricity distribution network in Mumbai as per judgment of the ATE in Appeal No. 246 & 229 of 2012 dated 28th November, The matter was listed for admission hearing on 3rd September, Counsel for Lloyds metals made its submissions that the Hon'ble Commission could promote the fossil fuel based Cogeneration by any other measures such as facilitate sale of electricity from such sources, grid connectivity etc. Further, MSEDCL, opposed the admission of the Petition limited to the extent of prayers made by the Petitioner regarding concessional CSS and wheeling charges. MSEDCL, further submitted that there could be a policy for promotion of Cogeneration. Tata Power filed its submissions on 1st Sept Upon hearing the parties, the Hon'ble MERC has directed the Petitioner to amend its petition with revised prayers along with submission on the issue of admission. On the last date of hearing i.e. 12th January,, all parties concluded their arguments. Thereafter, the Hon'ble Commission has reserved the matter for orders. The matter was listed for final hearing on 16th September,, wherein all parties submitted that the pleadings in the matter are complete. Tata Power submitted that the protocol of migration of consumers is linked with Case No. 182 of 2014 (Network Rollout Plan of Tata Power), where the Hon ble Commission had constituted a committee and a public hearing has also been conducted. Tata Power has submitted its submissions on the migration 9

10 CREG/INT-//13/R0 Date of Issue: 13/02/2017 protocol and also filed its objections on the committee report. The Hon ble Commission may consider these submissions while passing an order in the present matter. After hearing the submissions of all concerned, the Hon ble Commission reserved the captioned matter for orders of 2015 CWIP Petition of 2015 and M.A. No 02 of 115 of 2015 Petition of Sai Wardha seeking declaration of compliance of Captive Status along with Tata Power's application for intervention Petition of PXIL for allowing Power Exchange dia Limited to commence and operate intra-state power market Tata Power has filed this petition for approval of commissioning and capitalization of the ongoing work on the Distribution Network Development for feeding consumers where considerable investment had been made till November, 2014 Petition of M/s Sai Wardha Power Limited, seeking declaration of compliance of captive status with respect to its generating units of 2x135 MW for FY Petition filed by Power Exchange dia Limited under Sections 30, 42, 66, 86 (1) (c) & (k) of the Electricity Act, 2003 & Regulation 32 of MERC (Conduct of Business) Regulations, 2004 & Regulation 42, 43 & 44.5 of MERC (Distribution Open Access) Regulations, 2014 for allowing Power Exchange dia Limited to commence The matter was listed for final hearing on 16th September, wherein all parties made detailed submissions/arguments. After hearing the submissions of all concerned, the Hon ble Commission reserved the orders subject to any additional information which may be sought by this Hon ble Commission from the parties. The matter was listed for hearing on 23rd February, 2017 wherein all parties made detailed submissions before MERC. Tata Power made submissions regarding discrepancies in the data provided by Sai Wardha. MERC upon hearing the submissions has reserved the matter for orders, subject to any filings/ submissions by both parties. MERC has also directed the SLDC to certify the data as sought by Tata Power. Tata Power has written letters to SLDC on 24th February, 2017 and 27th March, 2017 requesting for the data but have not received anything till date. the last date of hearing i.e. 9th December, 2015, detailed submissions were made by all parties including the intervening party i.e. IEX. Upon hearing the parties, MERC has directed the PXIL to file its Rejoinder/ additional submissions on submissions made by tervener /Respondents within 10 days. Tata Power filed its affidavit on 9th December,

11 CREG/INT-//13/R0 Date of Issue: 13/02/2017 and operate intra-state power market in the State of Maharashtra of 2015 IEPL Petition for Transmission License IEPL on 4th September filed its Application for Transmission License under the Maharashtra Electricity Regulatory Commission (Transmission License Conditions) Regulations, The Petition was filed on 4th September. The Hon'ble MERC vide its notice dated 29th December, 2015 was listed the matter for TVS on 21st January,. The matter was listed for TVS again on 6th September, of 2015 Petition of Gupta Energy Pvt. Limited for determination of tariff and Commercial issues for sale of Power to Distribution Licensees Petition of Gupta Energy Pvt. Limited under Section 62 (1) (a) & 64 of the Electricity Act, 2003 for determination of tariff and Commercial issues for sale of Power to Distribution Licensees in the State of Maharashtra from dustrial Waste-to- Energy Power Plant The revised petition of Gupta Energy was listed a TVS on 6th September,. Tata Power is no more a Respondent to this petition as the Petitioner has sought for Tariff Determination to be made applicable only to MSEDCL of 2015 Petition of REI Power Bazar Pvt. Ltd. for approval of tra-state Power Market in Maharashtra Petition has been filed by REI Power Bazar seeking permission for setting up and operation of intra-state power market in the State of Maharashtra The matter was listed for hearing on 16th February,. PXIL filed an application for intervention. Upon hearing the parties, the Hon'ble MERC directed REI to file the detailed submission about its proposal for operation of tra State Power Exchange mentioning By laws, Rules and Regulations and any other details as may be necessary within two weeks' time. The respondents were directed to file their response thereafter. Next date of hearing would be intimated in due course. 11

12 CREG/INT-//13/R0 Date of Issue: 13/02/2017 The matter was listed on 21st January, wherein Tata Power made a presentation highlighting concerns in operating Unit 6 at lower PLF. It stated that impact on performance parameters of low PLF needs to be addressed and requested 20 for the additional cost incurred due to Sup-Motu proceeding by the Hon'ble unusual circumstances of multiple start Suo moto MERC regarding the Committee up/shut downs as per instructions of proceeding on Report submitted by CE(STU) in MSLDC. Rfra, BEST and STU also made Committee Report compliance to directives given in their submissions. Upon hearing the 133 of submitted by CE in Case No 172 of 2014 for parties, the Hon'ble Commission noted that 2015 (STU) in compliance recommendations for a protocol to MSEDCL was part of the Committee to directives given in resort to idle capacity and constituted vide dated 19 March, in Case No apportionment and commercial 2015 in Case No. 172 of 2014 and is also 172 of 2014 settlement, in case of disruption in a Distribution Licensee in part of Mumbai. Mumbai s embedded generation Therefore, it is necessary to consider MSEDCL s say, if any, on the Committee Report. The Commission directed all the Parties to send a copy of their submissions to MSEDCL within a week and it shall submit its say, if any, on the Committee Report within 10 days thereafter of Review Petition of PTC dia Limited Review Petition of PTC dia under Section 94 of the Electricity Act 2003 read along with Regulation 85 of MERC (Conduct of Business) Regulations, 2004 for seeking review of dated passed in Case No. 65 of PTC has prayed for the following: 1. Review dated 6th November, 2015; 2. Direct that IEPL should sell its 170 MW power through PTC dia; 3. recall its order dated passed in Case No. 65 of 2015; and 4. not grant approval for direct sale of PTC has filed the said petition on 21st January, for seeking Review of dated passed in Case No. 65 of The matter was listed for admission hearing on 18th February,. All parties made their submissions. Tata Power made its submissions on 25th February,. The case is now reserved for orders. 12

13 CREG/INT-//13/R0 Date of Issue: 13/02/ Megawatt power from IEPL to Tata Power Ltd of of of Petition seeking abeyance of PPA between Tata Power -Distribution and IEPL Petition of BEST to issue directions to Tata Power Company under Section 128 of the Electricity Sai Wardha' s Petition for refund of excess transmission charges Petition of The Tata Power Company Limited for seeking abeyance of Power Purchase Agreement between Tata Power Company Limited - Mumbai Distribution and Ideal Energy Projects Limited (IEPL) approved in-principle by Hon ble Commission in Case No. 65 of BEST has submitted the Petition on for issuing directions to Tata Power Company under Section 128 of the Electricity Act, BEST has prayed to investigate and ensure that Tata Power does not gain any illegal or undue commercial advantage over BEST in the island city of Mumbai, by partial or selective rollout of distribution network by Tata Power to cater to only high end or lucrative commercial and / or residential electricity consumers, during the pendency of approval of its revised network plan by MERC under the Case No.182 of 2014 filed by Tata Power. Sai Wardha Power Limited has submitted a Petition under Section 42(2), 86 (1) (c) and other applicable provisions of the EA, 2003 and Regulation 39 of the Open Access Regulations, 2015 seeking directions against MSETCL, in regard to the transmission charges recovered by the MSETCL for the electricity transmitted The matter was listed for hearing on 13th October,, wherein all parties made detailed submissions on the maintainability of the Misc. Application for intervention filed by PTC. Upon hearing the parties, the Hon'ble Commission reserved the matter for order in the Misc. Application. Thereafter, the Hon'ble Commission vide its daily order rejected the Application filed by PTC with the observation that PTC in its Review Petition in Case No. 8 of has already raised certain issues in that matter, the outcome of which maybe awaited. On 31st March, 2017, the Hon'ble MERC informed the parties that the said case would be taken up for hearing only after the order in Case No. 182 of The matter was listed for hearing on 23rd February, 2017 wherein a copy of the STU's report was handed over to the parties. Accordingly, MERC has granted 2 weeks' time to file a response to the report. The matter has been reserved for orders. 13

14 CREG/INT-//13/R0 Date of Issue: 13/02/2017 from the generating station of the Sai Wardha to the point of consumption of the Mahindra & Mahindra Limited, and refund of excess transmission charges levied and collected by MSETCL of of of 110 of Rinfra's Petition for determination of standby charges MSEDCL's Review Petition against MERC's in Case No. 43 of 2015 Petition of SEEPZ- SEZ for specific condition of Distribution License Review of the MYT of Tata Power-Transmission Rinfra has filed a petition for determination of standby charges pursuant to the Judgment dated in Appeal No. 160 of 2012 MSEDCL has filed a petition on 5th July, seeking review of the order of the Hon'ble MERC dated 10th May, in Case No. 43 of 2015 Development Commissioner cum Chairperson, SEEPZ-SEZ has filed a petition for Distribution License to undertake distribution of power within SEEPZ SEZ area through existing network of existing Licensee, under the provisions of Act 2003, till its own distribution network is developed. Tata Power filed a petition on 5th August, seeking review of the MYT of Tata Power- Transmission The matter was listed for hearing on 2nd March, 2017, wherein the matter was adjourned on the request of Tata Power. Tata Power submitted that it would be filing a petition w.r.t. standby charges and accordingly, the petitions should be heard together. MERC adjourned the matter and granted 4 weeks time to Tata Power to file the petition. The matter was listed for hearing on 2nd March, 2017 wherein both parties made detailed arguments on the maintainability as well as merits of the Review Petition. upon hearing the parties, MERC has reserved the matter for orders. Representatives of Tata Power met with the officials of SEEPZ on 6th February, 2017 to discuss issues regarding usage of TPC network by SEEPZ consumers. All parties will submit their submissions accordingly. The next date of hearing will be intimated in due course. SEEPZ has filed an additional affidavit on 14th March, 2017 and Tata Power has filed its response on 5th April, The matter was listed for hearing on 27th December, wherein Tata Power made detailed submissions regarding the issues raised in the petition, The Hon'ble Commission raised certain queries to which Tata Power is required to file additional submissions. Submissions have been filed by Tata Power on 17th January, 2017, 14

15 CREG/INT-//13/R0 Date of Issue: 13/02/2017 Petition of Shri Taraprakash Prabhakar The matter was listed for hearing on 10th 32 Vartak under Section 61 (h), 62(1) (a) January, Upon hearing the parties. Petition for and 86(1)(e) of EA 2003 for Commission directed the petitioner to file determination of determination of generic Capital cost additional submissions related to queries 119 of generic Capital cost for Mini and Micro Hydro power raised during the hearing. Tata Power has for Mini and Micro projects for sale of electricity to filed its response in the said petition Hydro power Distribution Licensees of Maharashtra projects under BOT Policy of Water Resources Department, GoM of 142 of Tata Power's Petition for amendment in Transmission License Petition by Tata Power seeking review of STS dated 22nd July, Yet to Commence Application filed by The Tata Power Company Limited under Section 18 of the EA, 2003 and the MERC (Transmission License Conditions) Regulations, 2004 as amended in 2006 seeking amendment of the Transmission License No.1 of 2014 dated Petition seeking review of in Case No. 91 of dated 22nd July, for determination of Transmission Tariff of tra-state Transmission System for 3rd Control Period FY -17 to FY MERC has issued notice on 25th October directing Tata Power to serve the Petition to Respondents. The application is listed for TVS on 17th January, Tata Power has been directed to respond to certain queries raised by the Commission. Tata Power filed the petition on 26th October,. MERC issued notice on 29th November, posting the matter for hearing on 3rd January,. Subsequent to the aforementioned notice of the Hon'ble Commission, the STU, at the behest of the Tata Power - Distribution, conducted a meeting on 22nd December, along with Central Railways, to review of Base Transmission Charge Rate (TCR) of Tata Power-D considering removal of demand of 100 MW of Central Railways. Accordingly, Tata Power-D sought an adjournment for 4 weeks in view of the formalities of reviewing the existing BPTA between STU and Central Railways etc. The matter was listed for hearing on 9th March, 2017 wherein the Tata Power made its submissions. The impleaded parties sought time to file their replies to the petition. MERC granted 3 weeks time to file replies and one week thereafter for rejoinder. 15

16 CREG/INT-//13/R0 Date of Issue: 13/02/2017 The matter was listed for final hearing on Rfra has submitted a Petition under Rfra' s Petition for 16th September, wherein all parties Sections 142 and 146 of the Electricity directions under made detailed submissions/arguments. Act, 2003 for seeking directions Section 142 and After hearing the submissions of all 151 of against Tata Power (Distribution) for 146 and other concerned, the Hon ble Commission 36 contravening the decision and applicable reserved the present matter for orders directions of the Hon ble Commission provisions of the subject to any additional submissions issued in the terim dated Electricity Act, 2003 which may be sought by this Hon ble in Case No. 182 of Commission from the parties of 165 of 159 of Review Petition by Kolhapur Green Energy Review Petition on behalf of Tata Power -D against the MYT dated 21st October, Petition of Sai Wardha seeking declaration of compliance of Captive Status for FY Petition seeking review of MERC's order dated 10th October, in Case No. 87 of 2015 towards the annual O&M escalation rate specified by the MERC in the Impugned. Review Petition of Tata Power-D against the MYT dated 21st October, Petition of Sai Wardha Power Limited seeking declaration of compliance of captive status with respect to the generating units of 2x135 MW of the Petitioner, Sai Wardha Power Limited for the financial year The matter was heard on 16th March, 2017 and MERC has reserved the matter for orders upon hearing submissions of all parties. Matter was listed for hearing on 21st March, 2017, wherein Tata Power made submissions and also responded to various queries of the MERC. MERC has directed TPC-D to submit details within 10 days, of the head-wise asset depreciation considered for FY and supporting material regarding actual employee expenses which are specific to DSM and are hence not covered under O&M expenses. Tata Power has filed a miscellaneous application seeking impleadment of SLDC. The matter was listed for hearing on 23rd February, 2017 wherein upon hearing the submissions, the Commission decided to implead MSLDC, in the matter and directed the Petitioner to serve a copy of its Petition on MSLDC, and the Respondents to serve copies of their Replies within a week. Tata Power has written letters to SLDC on 24th February, 2017 and 27th March, 2017 requesting for the data but have not received anything till date. 16

17 CREG/INT-//13/R0 Date of Issue: 13/02/2017 As per the provision of its Renewable Purchase Obligation (RPO), its 40 Compliance and Implementation of Tata Power had filed its submissions Verification of Renewable Energy Certificate furnishing details of compliance of RPO Renewable Framework Regulations, 2010, the targets for FY to the Commission Purchase Obligation 171 of MERC verifies the compliance of RPO on 20th December,. The matter was for FY of targets by Distribution Licensees on listed for hearing on 2nd February, Tata Poweryearly basis. Based on the data Upon hearing the submissions, the Hon'ble Distribution submitted by Maharashtra Energy Commission has reserved the matter for Business Development Agency (MEDA), the orders. Commission initiated proceedings for FY of of 2017 Petition of MSEDCL seeking directions under Distribution Open Access Regulations, Petition of Shri Ashok Kulkarni under Section 128 of the EA, 2003 for investigation of the books of accounts of Tata Power Yet to Commence Petition of Maharashtra State Electricity Distribution Co. Ltd. for directions under the MERC (Distribution Open Access) Regulations. Petition of Shri Ashok Kulkarni under Section 128 of the EA, 2003 for investigation of the books of accounts of Tata Power Company Limited in respect of various contracts awarded in respect of painting, dredging, coal handling, coal freight, shipping cost etc. from FY MSEDCL has filed a Petition on under the MERC (Distribution Open Access) Regulations, challenging/ seeking clarification of various regulations in the DOA Regulations. MERC issued notice on 16th January, Tata Power was served with a copy of the petition 21st January, Tata Power filed its response on 22nd February, The matter was listed for hearing on 23rd February, 2017 wherein the Hon'ble MERC heard the submissions made by all parties. The matter is now reserved for orders. Shri Ashok Kulkarni has filed a Petition on for investigation of books of accounts for inflated costs from FY2004 onwards, more particularly the contracts awarded to M. Pallonji and Company Private Ltd (MPCPL), M Pallonji Shipping Private Limited (MPSPL) and M Pallonji Shipping Singapore pte Limited (MPSSPL). MERC issued notice on 7th February, Tata Power was served with a copy of the petition on 22nd February, Next date of hearing is 13th April,

18 CREG/INT-//13/R0 Date of Issue: 13/02/2017 MSEDCL's petition Petition filed by Maharashtra State Electricity Distribution Co Ltd., for On 9th March, 2017 the Hon'ble MERC heard the submissions of all the parties for review and review and merging of Solar & non and thereafter, reserved the matter for 108 of orders. merging of Solar & Solar RPO targets and to specify a 43 non Solar RPO composite RPO target by clubbing both targets Solar & non Solar RPO targets and other relevant issue of 45 4 of of of of 2017 Petition of Adani Transmission seeking recovery of late payment charges Review Petition of BEST's MYT Petition of Rinfra for approval of Power Procurement Plan Petition of Ms. Anila Gupta seeking clarification of BEST's MYT Petition of MSEDCL for in principal approval of the precondition of furnishing Bank Guarantee/Revolvin g Letter of Credit as Yet to Commence Yet to Commence Adani Transmission (dia) Limited has filed a Petition under Section 86 (1) (f) read with Section 142 of The Electricity Act 2003 against Maharashtra State Electricity Transmission Company Limited seeking recovery of Late Payment Surcharge (LPS) and for initiation of proceedings in respect of non-compliance of directions issued by this Hon ble Commission A consumer has filed a review petition of BEST's MYT seeking review of the MERC's order w.r.t. refund of TDLR Petition of Reliance frastructure Limited (Generation) (Rfra-G) and Reliance frastructure Limited Distribution (Rfra-D) for approval of Power Procurement Plan Petition of Ms. Anila Gupta seeking clarification of the MYT dated in Case No. 33 of, w.r.t. refund of TDLR Petition of Maharashtra State Electricity Distribution Co. Limited for in principal approval of the pre-condition of furnishing Bank Guarantee/Revolving Letter of Credit as a payment security mechanism which shall be equivalent to the CSS and additional The matter is listed for hearing on 21st March, The Review Petition was listed for hearing on 30th March, 2017 and MERC upon hearing submissions of the parties has reserved the matter for orders. The matter was heard on 28th February, MERC has raised certain queries to which Rinfra has to respond within 2 weeks. The matter will be listed for another TVS thereafter. The Review Petition was listed for hearing on 30th March, The Hon'ble MERC upon hearing submissions of the parties has reserved the matter for orders. Petition is listed for hearing on 18th April,

19 CREG/INT-//13/R0 Date of Issue: 13/02/2017 a payment security mechanism of of of Petition of The Brihan Mumbai Electric Supply & Transport Undertaking (BEST) for Approval of Power Procurement Plan Draft Generic Tariff order for RE Energy for FY Tata Power's petition for power procurement plan Tata Power's petition for O&M Norms Yet to Commence Yet to Commence surcharge applicable to an open access consumer to be furnished by an entity who claims itself to be a captive/group captive generator before grant of open access. BEST has submitted a Petition for Approval of Power Procurement Plan for FY to FY for the BEST Undertaking under Regulation 19 & 20 of MERC (MYT) Regulations, The Hon'ble MERC has issued a draft order on the Generic Tariff for Renewable Energy Technologies in Maharashtra for FY Tata Power has filed its petition for approval of its power procurement plan as per the directions of the Hon'ble MERC as well the MYT Regulations, 2015 Tata Power has filed a petition seeking reconsideration of i) methodology for computation of Base Operation and Maintenance Expenses for Distribution Supply Business for the 3rd Control Period and ii) the methodology for computation of Escalation Rate for determining the Distribution Wires and Supply Business specified under the Maharashtra Electricity Regulatory Commission (Multi Year Tariff) Regulations, The matter heard on 9th March, 2017 and MERC has directed BEST to file additional information to the queries sought by the Commission. The matter will be kept for hearing thereafter. Public hearing was conducted on 22 Mar 2017 and TPC submitted its comments. The order is awaited. The petition was listed for hearing on 6th April,, however the MERC vide its notice dated 31st March, 2017 has adjourned the matter until next intimation. Tata Power had filed the petition on 29th March, The petition will be listed for hearing in due course. Petitions filed with JSERC 19

20 CREG/INT-//13/R0 Date of Issue: 13/02/2017 As per the JSERC Generation Tariff 55 Regulations 2015, the MYT Business The first set of queries have been posted MYT Business Plan Plan & MYT Petition is required to be by JSERC. The response to the same and MYT Petition for filed before the Control Period FY 17- along with the revised MYT Business Plan Jojobera Unit 2 & Unit Yet to 21. We have through this Petition FY approved by the Board of 3 for the Control Comme furnished the operational & financial Directors have been submitted on Period FY nce plan for FY along with the The MYT Petition FY along with Truing-up ARR for the above Period. We have has been prepared and circulated for for FY also sought for Truing-up of FY 16 internal review. based on the actual operational and audited financials for FY Petitions filed with APERC APPC charged compensation of Rs crore for curtailing the power OP No. Posted with APERC & TSERC (OP No 16 flow on the instructions of MSLDC. 16 of of 2010 & OP No 32 of 2015) respectively. APPC had approached AP High Court 2010 & Matter has been stayed by DB of AP High challenging Jurisdiction of APERC to OP No. Dispute with respect to Court in (W.A. No 818 of 2012) and adjudicate on the issue. The HC of compensation charges Matter is pending in the HC after dismissed APERC petition deducted by APPC bifurcation of AP. TPTCL has filed a APPC has filed a writ appeal against petition for expeditious disposal with AP the judgment to DB of AP High Court W.A. 818 High Court in December We await which had granted a stay till issue of of 2012 the listing of our Application for jurisdiction is resolved. (W.A. No 818 expeditious disposal in the AP High Court. of 2012). Petitions filed with KERC 20

21 CREG/INT-//13/R0 Date of Issue: 13/02/2017 Respondents have filed their WS and Petition filed against PCKL deducted UI charges payable by TPTCL its Rejoinder. Arguments OP No. SLDC and PCKL the generator to Karnataka SLDC from completed from TPTCL. Respondent's 18 of against wrongful 57 the power sale by TPTCL to BESCOM arguments on next date of hearing TPTCL 2015 deduction of UI under a different contract allowed to file written synopses that have charges been finalized. Petitions filed with CERC Matter was heard on 15 Sept. The senior counsel for CGPL submitted that 59 confidentiality has been claimed in respect Petition under Sections of the Shareholders Agreement between 61, 63 and 79 of the Tata Power Limited and the other Electricity Act, 2003 for Shareholders of the donesian Coal establishing an Company, namely PT Kaltim Prima Coal appropriate (KPC). Learned Senior Counsel submitted mechanism to offset in that CGPL intends to file an affidavit tariff the adverse Petition seeking to establish an containing the extracts of the impact of the appropriate mechanism to offset in shareholders Agreement which are unforeseen, tariff the adverse impact of: (i) the 159/MP/2 relevant to the adjudication of the issue in uncontrollable and unforeseen, uncontrollable and 012 the present proceedings relating to CGPL unprecedented unprecedented escalation in the which can be shared with the respondents escalation in the imported coal price and (ii) the change including Prayas. Learned Counsel for the imported coal price in law by Government of donesia. respondents and Prayas had no objection due to enactment of to the suggestion of the learned senior new coal pricing counsel for CGPL. The Commission Regulation by further directed CGPL to file the affidavit donesian by after serving copy on the Government and other respondents including Prayas., Hearing factors before the Commission in the petition is closed and orders reserved. The order in the matter has been pronounced by 21

22 CREG/INT-//13/R0 Date of Issue: 13/02/2017 CERC and the same is to be placed before SC for approval /MP/2 014 Petition under Regulation 63 (iii) of CERC (Power Market) Regulations, 2010 seeking consent for enabling cross border transactions at dian Energy Exchange. Petition under Regulation 63 (iii) of Central Electricity Regulatory Commission (Power Market) Regulations, 2010 seeking consent for enabling cross border transaction at dian Energy Exchange Hearing was held on awaited /515/5 16 of /SM/ /SM/ Truing-up Petition for FY along with Tariff Petition for FY Remove difficulties and effective implementation of Commission's dated in Petition No 310/MP/2014 Mis- declaration of Commercial Operation of Unit 20 to Unit 50 of UMPP Mundra Petition for Truing-up of FY along with Tariff Petition for FY for Eastern Region, Northern Region and terconnector Region have been submitted to CERC on Suo-Motu Petition initiated by CERC to adjudicate upon the difficulty encountered in implementation of CERC's dated in Pet. No.310/MP/2014 qua scheduling of unrequisitioned surplus power from ter-state Generating Stations. Suo-moto petition in the matter of declaration of commercial operation of Unit 20 to 50 of Mundra Ultra Mega Power project developed by Coastal The matter was listed for hearing on Submissions were made on behalf of Powerlinks and the issues were placed before CERC. BRPL has responded to the Petition by its reply and submissions were made on behalf of Powerlinks rebutting the contentions of BRPL Further, time was sought to file a rejoinder to the reply filed by RRPL. Further CERC has sought certain additional information which has been raised through the ROP. The Response to the RoP queries have been submitted on Additional Submission on decapitalization of Assets and revised Additional Capitalization Schedule for ER Assets have also been submitted on reserved on On , CERC has reserved the order on the maintainability of the proceedings as well as locus standi of Mr.

23 CREG/INT-//13/R0 Date of Issue: 13/02/2017 Gujarat Power Limited. CGPL has filed relevant information as sought by CERC. On , CERC has reserved the order on the maintainability of the proceedings as well as locus standi of Mr. Bansal as a party to the present proceedings Bansal as a party to the present proceedings /GT/ /MP/ /MP/ /MP/ Tariff Petition for FY along with Truing-up of FY Change in Law Petition for Operation Period- FY12,FY13 & FY14 Effective Implementation of PPA Provisions. Sale of power to third parties on Procurer Event of Default Miscellaneous Petition praying for appropriate directions restraining NTPC from recovering the Energy Charge Rate strictly in terms of the Tariff Regulations framed CERC. As per the CERC Tariff Regulations 2014, MPL is required to file the Tariff Petition for FY along with the Truing-up for FY CERC has provided the extension to file the same till Accordingly, MPL has filed the same on CGPL had filed a Petition under Article 13 of the PPA to give effect to the Change in Law events which have occurred during the period of FY 12, 13 and 14. Petition for declaratory relief to the effect that WRLDC refusal to schedule electricity to third parties in accordance with the PPA is illegal and contrary to the Electricity Act, 2003 TPDDL has filed the captioned Petition before CERC against NTPC seeking refund of excess amount billed towards Energy Charges due to significant difference between GCV of Coal on which CIL has billed vs GCV of Coal for which TPDDL has been billed. TPDDL has in the Petition emphasized on the fact that the CERC has reserved the after the hearing on and has further directed WBSEDCL to submit reply to the final presentation, if any, and also provided MPL the opportunity to submit the counter rejoinder. WBSEDCL submitted its response on and the rejoinder to the same have been submitted on TPDDL has submitted a reply on The draft rejoinder to the same has been prepared and circulated for review of the SLT. Hearing concluded on and is reserved Hearing concluded on and is reserved During the hearing dated , NTPC, TPDDL and BRPL (in 64/MP/ tagged along with this Petition) have placed their arguments before CERC. CERC has declined to grant any stay on the recovery of the dues against TPDDL and BRPL. NTPC have The matter would be further taken up for final hearing on MPL has in the meantime

24 CREG/INT-//13/R0 Date of Issue: 13/02/2017 Regulations stipulate billing based on GCV on 'as received' basis, and hence grade slippage should not be allowed /MP/ /MP/ Petition seeking clarification on methodology for computation of Plant Availability Petition seeking inprinciple approval of Environment related Abstract Schemes Passed MPL raised the supplementary invoices to all the long-term beneficiaries including DVC on the basis of the Tariff dated However, DVC has raised a dispute regarding payment of the arrears based on difference in computation of Plant Availability Factor and has withheld the payment of such arrears which has led to serious financial impact on the cash flows of MPL. MPL has approached CERC seeking clarification in the matter of computation of Availability in the above case. MPL has filed a Petition before CERC for obtaining in-principle approval on Environmental Capex Schemes in view of recent MoEF Notification dated MoEF has vide the above notification amended the Environment submitted the detail procedure on Sampling of Coal for measurement of 'As Received' GCV on During the hearing dated , the matter has been argued at length by BRPL, TPDDL and NTPC. CERC has through the RoP directed NTPC to furnish the details regarding landed price of coal giving breakup of base price of coal, royalty, green energy cess, excise duty, railway transportation and any other charges for FY , comparison of Energy Charges based on 'As Received' and 'As Fired' GCV for FY and proof of implementation of new GCV measurement process. MPL has also consolidated the above details and the submission has been sent to lawyers for legal vetting. The matter has been concluded during the hearing on wherein both WBSEDCL and MPL have made their pleadings. The has been reserved by CERC. has been passed by CERC on Although the Petition has been held not maintainable, CERC has admitted that the amendments brought out by MoEF indeed qualifies under 'Change in Law' and has directed MPL to 017/orders/72.pdf