CASE No. 337 of Coram. Anand B. Kulkarni, Chairperson I.M. Bohari, Member Mukesh Khullar, Member ORDER

Similar documents
Case No. 61 of In the matter of. Petition of Wardha Power Company Ltd. for Review of Order dated 17 January, 2014 in Case No.

MAHARASHTRA ELECTRICITY REGULATORY COMMISSION

MAHARASHTRA ELECTRICITY REGULATORY COMMISSION

Case No. 99 of Smt. Chandra Iyengar, Chairperson Shri Vijay. L. Sonavane, Member Shri. Azeez M. Khan, Member

Case No. 7 of Coram. Anand B. Kulkarni, Chairperson I.M. Bohari, Member Mukesh Khullar, Member

Case No. 224 of Coram. Shri. I.M. Bohari, Member Shri. Mukesh Khullar, Member. M/s. Vidarbha Industries Power Ltd (VIPL-G)

Case No.139 of Smt. Chandra Iyengar, Chairperson Shri Azeez M. Khan, Member Shri Deepak Lad, Member

Case No. 295 of Coram. Anand B. Kulkarni, Chairperson Mukesh Khullar, Member. Adani Power Maharashtra Limited (APML)

Case No. 166 of The Tata Power Co. Ltd. (Generation) [TPC-G] Brihanmumbai Electric Supply & Transport Undertaking (BEST)...

Case No. 17 of Shri. V.P. Raja, Chairman Shri. Vijay L. Sonavane, Member. Reliance Infrastructure Ltd., Santacruz (E).

Case No. 135 of Shri Vijay L. Sonavane, Member Smt. Chandra Iyengar, Member. (1) M/s B.S.Channabasappa & Sons...Petitioner 1

Case No. 02 of Shri V. P. Raja, Chairman Shri S. B. Kulkarni, Member Shri V. L. Sonavane, Member

CASE No. 149 of Coram. Shri Azeez M. Khan, Member Shri Deepak Lad, Member. Shri. Vinod Sadashiv Bhagwat.

Case No. 2 of Shri V. P. Raja, Chairman Shri Vijay L. Sonavane, Member

Case No. 111 of Shri. V.P. Raja, Chairman Shri. Vijay L. Sonavane, Member. Maharashtra State Electricity Distribution Co.

CASE No. 173 of Coram. Shri Anand B. Kulkarni, Chairperson Shri Mukesh Khullar, Member

CASE No. 156 of In the matter of

Case No. 68 of Coram. Shri. I. M. Bohari, Member Shri. Mukesh Khullar, Member. M/s RattanIndia Nasik Power Ltd.

ORDER Dated: 11 th August, 2004

Case No. 167 of Coram. Smt. Chandra Iyengar, Chairperson Shri. Azeez M. Khan, Member Shri. Deepak Lad, Member

Case No. 22 of Shri V.P. Raja, Chairman Shri Vijay L. Sonavane, Member ORDER

Grievances No.K/DOS/015/874 of and No. K/DOS/016/875 of

Before the MAHARASHTRA ELECTRICITY REGULATORY COMMISSION World Trade Centre, Centre No.1, 13 th floor, Cuffe Parade, Mumbai

Case No. 94 of Shri. V.P. Raja, Chairman Shri. Vijay L. Sonavane, Member

Maharashtra State Electricity Distribution Co. Ltd. s Consumer Grievance Redressal Forum Nagpur Urban Zone, Nagpur. Case No.

Maharashtra State Electricity Distribution Co. Ltd. s Consumer Grievance Redressal Forum Nagpur Urban Zone, Nagpur Case No.

V/s. Maharashtra State Electricity Distribution Company Limited Through it s Nodal Officer/Addl.EE... (Hereinafter referred as Licensee)

MAHARASHTRA ELECTRICITY REGULATORY COMMISSION

CASE No. 44 of In the matter of

Case No.83 of In the matter of Petition under Section 67 of the E.A, 2003 seeking directions upon MSETCL in regard to erection of Tower.

Case No.06/2016 Date of Grievance : Date of Order :

Case No. 64 of Shri. V. P. Raja, Chairman Shri. Vijay L. Sonavane, Member ORDER

BEFORE THE MAHARASHTRA ELECTRICITY REGULATORY COMMISSION World Trade Centre, Centre No.1, 13 th Floor, Cuffe Parade, Mumbai

Case No.25/2016 Date of Grievance : Date of Order :

Executive Summary Case No 140 of 2017

Case No.3 of Shri P.Subrahmanyam, Chairman Shri Venkat Chary, Member, Shri Jayant Deo, Member.

CASE No. 47 of In the matter of Appointment of foreign firm as Management Consultant by Maharashtra State Electricity Board.

ORDER (passed on 02/07/2015)

Sri. Alex Soharab. V.F, M/s. Southern Engineering Corporation, V/830-A, Development Area, Edayar, Muppathadom , Aluva.

CONSUMER GRIEVANCES REDRESSAL FORUM; MSEDCL NAGPUR (RURAL) ZONE NAGPUR COMPLAINT NO.7 /2015

PUNJAB STATE ELECTRICITY REGULATORY COMMISSION SCO NO , SECTOR 34-A, CHANDIGARH

ORDER (Date of hearing 24 th November, 2012) (Date of order 10 th December, 2012)

PUNJAB STATE ELECTRICITY REGULATORY COMMISSION SCO NO , SECTOR 34-A, CHANDIGARH. Smt.Romila Dubey, Chairperson Shri Gurinder Jit Singh, Member

BEFORE THE CONSUMER GRIEVANCE REDRESSAL FORUM B.E.S. & T. UNDERTAKING. (Constituted under section 42(5) of Electricity Act 2003)

CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI. Petition No. 211/MP/2012

BEFORE THE KERALA STATE ELECTRICITY REGULATORY COMMISSION. PETITION No. CP 02/17

BEFORE THE HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION, SHIMLA. The H.P. State Electricity Board, Vidyut Bhawan, Shimla-4

BEFORE THE HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION SHIMLA

BEFORE THE CONSUMER GRIEVANCE REDRESSAL FORUM B.E.S. & T. UNDERTAKING. (Constituted under section 42(5) of Electricity Act 2003)

BEFORE THE HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION, SHIMLA

UTTAR PRADESH ELECTRICITY REGULATORY COMMISSION LUCKNOW. Notice dated U/s130 of Electricity Act2003.

Consumer Grievance Redressal Forum, Kalyan Zone Behind Tejashree", Jahangir Meherwanji Road, Kalyan (West) Ph: & Ext: - 122

CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI

Maharashtra Electricity Regulatory Commission (Procedure for filing appeal before the Appellate Authority) Regulations, 2004

B - On behalf of Applicant 1) Shri.Pavati Rajkumar Nisad - Consumer Representative

JHARKHAND STATE ELECTRICITY REGULATORY COMMISSION RANCHI

M/s. BLA Power Pvt. Ltd. - Petitioner. 4. M. P. Madhya Kshetra Vidyut Vitaran Co. Ltd., Bhopal -Respondents

Date of Admission : Date of Decision :

CONSUMER GRIEVANCE REDRESSAL FORUM M.S.E.D.C.L., PUNE ZONE, PUNE. Case No.07/2016 Date of Grievance : Date of Order :

CONSUMER GRIEVANCES REDRESSAL FORUM; NAGPUR (RURAL) COMPLAINT NO. 365/2012

BEFORE THE CONSUMER GRIEVANCE REDRESSAL FORUM B.E.S. & T. UNDERTAKING. (Constituted under section 42(5) of Electricity Act 2003)

BEFORE THE FORUM FOR REDRESSAL OF CONSUMER GRIEVANCES IN SOUTHERN POWER DISTRIBUTION COMPANY OF A.P LIMITED TIRUPATI

PUNJAB STATE ELECTRICITY REGULATORY COMMISSION SCO NO , SECTOR 34-A, CHANDIGARH

Before The J&K State Electricity Regulatory Commission Jammu

MADHYA PRADESH ELECTRICITY REGULATORY COMMISSION BHOPAL

JHARKHAND STATE ELECTRICITY REGULATORY COMMISSION RANCHI (Case No.23/ ) QUORUM Shri Mukhtiar Singh, Chairperson Shri P. C. Verma, Member.

Order on. Petition No. 58/2013

APPLICATION FOR LICENCE PROPOSED MODIFICATION- Lic.No SCC/47/2009-MEKOTEX (PVT) ITD

CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI

SEVENTEENTH AMENDMENT TO MADHYA PRADESH ELECTRICITY SUPPLY CODE, 2004.

M/s. Neelsidhi Developers - Complainant The Emerald, 2 nd floor, Plot No. 195 B, Besides, Neelsidhi Towers, Sector -12, Vashi, Navi Mumbai

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ELECTRICITY ACT, 2003 Date of decision: 19th April, 2011 W.P.(C) 8647/2007

CONSUMER GRIEVANCES REDRESSAL FORUM-I OF SOUTHERN POWER DISTRIBUTION COMPANY OF TELANGANA LIMITED

MAHARASTRA STATE ELECTRICITY DISTRIBUTION CO. LtD. KONKAN ZONE RATNAGIRI CONSUMER GREVANCE REDRASSAL FORUM Consumer case No. 37/2009 Date: 08/04/2009

Maharashtra State Electricity Distribution Co. Ltd. s Consumer Grievance Redressal Forum Nagpur Zone, Nagpur Case No.

Agreement for H.V./ L.V. Consumer.

BEFORE THE UTTAR PRADESH ELECTRICITY REGULATORY COMMISSION. Investigate and to take appropriate action against M/s Torrent and further to cancel the

(A Govt. of Maharashtra Undertaking) - CIN: U40109MH2005SGC153645

No. K/E/1473/1732 K/E/1476/1735 of Date of registration : 12/11/2018 Date of order : 26/12/2018 Total days : 44

NORTHERN POWER DISTRIBUTION COMPANY OF A.P. LIMITED WARANGAL

HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION, SHIMLA NOTIFICATION Shimla, the 21 st September, 2015

ORDER (Hearing on & )


Case No. CGRF(NZ)/91/2018

CONSUMER GRIEVANCE REDRESSAl FORUM,

IN THE MATTER OF GRIEVANCE NO. K/DOS/001/482 OF OF MRS.

THE UTTAR PRADESH ELECTRICITY REGULATORY COMMISSION, LUCKNOW

Case No. CGRF(NUZ)/0122/2006. : Shri Vijaykumar Yashwantrao Falke, Plot No. 47, Verma Layout, Ambazari, Nagpur.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ELECTRICITY MATTER. Date of Decision : January 16, 2007 W.P.(C) 344/2007

Before the Madhya Pradesh Electricity Regulatory Commission, Bhopal

BEFORE THE GUJARAT ELECTRICITY REGULATORY COMMISSION AT GANDHINAGAR PETITION NO OF 2017

CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI. Petition No. 119/MP/2013. Date of Hearing: Date of Order :

JHARKHAND STATE ELECTRICITY REGULATORY COMMISSION RANCHI. Case No. 21 & 23 of 2010 ORDER

BEFORE THE UTTAR PRADESH ELECTRICITY REGULATORY COMMISSION

Order on. Petition No. 38/2013

BEFORE THE CONSUMER GRIEVANCE REDRESSAL FORUM B.E.S. & T. UNDERTAKING. (Constituted under section 42(5) of Electricity Act 2003)

BEFORE THE CONSUMER GRIEVANCES REDRESSAL FORUM O R D E R

Sub: In the matter of representation in compliance to the directions of Hon ble High Court, Jabalpur in Writ Petition no.

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD Special Civil Application No of 2015 AUTOMARK INDUSTRIES (I) LTD Vs STATE OF GUJARAT AND 3 Harsha Deva

ADANI ELECTRICITY MUMBAI LIMITED

Transcription:

Before the MAHARASHTRA ELECTRICITY REGULATORY COMMISSION World Trade Centre, Centre No.1, 13th Floor, Cuffe Parade, Mumbai 400005. Tel. 022 22163964/65/69 Fax 22163976 Email: mercindia@merc.gov.in Website: www.mercindia.org.in/ www.merc.gov.in CASE No. 337 of 2018 In the matter of Petition of BEST Undertaking for review certain aspects of Mid-Term Tariff Order dated 12.09.2018 in Case No. 203 of 2017 Coram Anand B. Kulkarni, Chairperson I.M. Bohari, Member Mukesh Khullar, Member BEST Undertaking Petitioner Appearance For the Petitioner: Shri. Bilal Shaikh ORDER Dated: 30 November, 2018 1. BEST undertaking has filed a Petition on 15 November, 2018 under Section 94 (1) (f) of the Electricity Act (EA), 2003 read with Regulation 85 of the MERC (Conduct of Business) Regulations, 2004 for review of certain aspects of the Mid-Term Review (MTR) Tariff Order dated 12 September, 2018 in Case No.203 of 2017. 2. BEST s prayers are as follows: (a) Approve recovery of Service Connection s for Firefighting Service connection at par with the charges applicable for Regular Service connection. (b) Include Voltage level of 11 KV, in HTV (B) Railways/Metro/Monorail Tariff Category. MERC Order in Case No. 337 of 2018 Page 1 of 6

3. At the time of hearing held on 30 November, 2018 BEST reiterated their submission in Review Petition. 4. The Commission noted that the Review Petition has been filed under Regulation 85 of the MERC (Conduct of Business) Regulations, 2004 which specifies as follows: Review of decisions, directions, and orders: 85. (a) Any person aggrieved by a direction, decision or order of the Commission, from which (i) no appeal has been preferred or (ii) from which no appeal is allowed, may, upon the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the direction, decision or order was passed or on account of some mistake or error apparent from the face of the record, or for any other sufficient reasons, may apply for a review of such order, within forty-five (45) days of the date of the direction, decision or order, as the case may be, to the Commission. Thus, the ambit of review is limited and BEST s Petition has to be evaluated accordingly. 5. BEST s contentions and the Commission s rulings on each issue are set out below, considering the provisions of Regulation 85(a) of the MERC (Conduct of Business) Regulations, 2004 which governs review. Issue I - Service Connection s (SCC) for Fire Fighting Service Connection: BEST s Submission 6. It had made following submission relating to recovery of Service Connection s (SCC) for Firefighting Service in MTR Petition in Case No.203 of 2017 : 7.1.2 In the previous order for determination of schedule of charges in case no. 90 of 2012, Hon ble Commission had approved service connection charges for firefighting service on actual basis, as proposed by BEST. BEST submits that in case of other distribution licensee such as TPC-D the fire-fighting service has been considered as a regular service connection. Therefore, BEST has proposed to treat the firefighting service as regular service connection at par with other distribution licensees and not proposed levy of service connection charges for firefighting service on actual basis. However, no ruling on this issue has been given in the impugned MTR Order dated 12 September, 2018. MERC Order in Case No. 337 of 2018 Page 2 of 6

7. As per schedule of charges approved in year 2012, BEST is recovering SCC for Firefighting Service on actual basis. Whereas in case of other Distribution licensees, such charges for Firefighting Service Connection are recovered as per normative Service Connection s approved for new connection. Therefore, SCC applicable to BEST consumers for Firefighting Service is significantly higher as compared to the SCC applicable to other Distribution licensees. This creates disparity in recovery of SCC for Firefighting Service Connection amongst the distribution licensees operating in Mumbai. 8. The Commission in its Order dated 16 February, 2018 in Case No.86 of 2017 had removed disparity in Service Connection s applicable for Regular service Connection amongst the Distribution licensees operating in Mumbai. On the same principles, BEST had proposed recovery of Service Connection s for Firefighting Service at par with the charges applicable for Regular Service Connection in the MTR Petition in Case No.203 of 2017 to have parity with the other Distribution licensees operating in Mumbai, however no ruling on this issue in the MTR Order 9. In view of the above, it is requested to approve recovery of Service Connection s for Firefighting Service at par with the charges applicable for Regular Service Connection, at par with other Distribution licensees. Commission s Analysis and ruling: 10. The Commission notes that BEST s request of approving Service Connection s for Firefighting Service as regular service connection has not been addressed in the impugned MTR Order dated 12 September, 2018. 11. The Commission notes that vide its Order dated 28 December, 2012 in Case No. 90 of 2012, the Commission has allowed BEST to recover Service Connection s from consumer seeking connection for Firefighting on actual basis. The approval of the Commission for recovery at actual was based on BEST s request 12. Now, BEST in this Petition is requesting to treat Firefighting services as regular connection and allow it to recover normative charges instead of actual charges from consumer seeking connection for firefighting. In support of its prayer BEST submitted that other Distribution Licensees in Mumbai are allowed to recover such charges on normative basis. 13. The Commission notes that earlier there was disparity in Service Connection s approved for Distribution Licensees in Mumbai for releasing new connections. The Commission vide its Order dated 16 February, 2018 in Case No. 86 of 2017 has removed MERC Order in Case No. 337 of 2018 Page 3 of 6

such disparity with reference to BEST. One of the reason cited for removing such disparity is as follows: 19. The present SCC disparity is to the disadvantage of lower-load LT consumers of BEST in comparison with similarly placed consumers of TPC-D in the common supply area. It may also be an entry barrier to such consumers to opt for power supply from BEST, thus affecting its competitive position and the objective of a level playing field. However, issue of firefighting was not raised at that point of time and hence was not addressed. Now, in this Petition, BEST has requested to remove disparity in Service Connection s for firefighting connection. 14. The Commission notes that in competitive market like Mumbai where the consumers have choice of selecting Distribution Licensee, Service Connection s which is onetime payment for getting new connection should not be act as entry barriers. Further, Service Connection for other regular connections has already at parity. Hence, the Commission hereby allows BEST to recover Service Connection s for Firefighting Service as per normative Service Connection s approved for regular new connection. Issue II Tariff Category HT V Railways/Metro/Monorail BEST s Submission 15. In the impugned MTR Order, the Commission has specified the tariff category for HT V(B) Railways/Metro/Monorail as follows: HTV- Railways/Metro/Monorail [FY 2018-19] Consumption (Rs/kWh) (Rs./kWh (A) 110/132 kv Rs. 275 per kva per month - 5.90 - (B) 33 kv Rs. 275 per kva per month 0.52 5.90 - HTV- Railways/Metro/Monorail [FY 2019-20] MERC Order in Case No. 337 of 2018 Page 4 of 6

Consumption (Rs/kWh) (Rs./kWh (A) 110/132 kv Rs. 305 per kva per month - 5.55 - (B) 33 kv Rs. 305 per kva per month 0.53 5.55-16. However, it has consumers in the above category who are supplied at the Voltage level of 11 kv. Therefore, the Commission is requested to include 11 kv Voltage level in HT V(B) Category. Commissions Analysis and Ruling 17. The Commission notes that HT V Railway/ Metro/ Monorail category has been subdivided into sub-categories based on connection voltage level i.e.110/132 kv and 33 kv. Tariff differential in these sub-categories is only on account of s; other charges i.e. and are identical. 18. BEST has requested to include 11 kv voltage level along with 33 kv level mentioned in Tariff Schedule. In this regards, the Commission notes that in impugned MTR Order, the Commission has determined s for HT and LT level only. There is no separate s for 11 kv and 33 kv. Hence, HT V Railway/ Metro/ Monorail category tariff of 33 kv level can be made applicable to 11 kv level. 19. Therefore, the Commission approves following corrections in tariff applicable to HT V Railway/ Metro/ Monorail category: HT V- Railways/Metro/Monorail [FY 2018-19] Consumption (Rs/kWh (Rs./kW (A) 110/132 kv Rs. 275 per kva per month - 5.90 - (B) 11/33 kv Rs. 275 per kva per month 0.52 5.90 - HT V- Railways/Metro/Monorail [FY 2019-20] Consumption (Rs/kWh (Rs./kW MERC Order in Case No. 337 of 2018 Page 5 of 6

(A) 110/132 kv Rs. 305 per kva per month - 5.55 - (B) 11/33 kv Rs. 305 per kva per month 0.53 5.55-20. Hence the following Order: a. Review is allowed ORDER b. BEST is allowed to recover Service Connection s for Firefighting Service as per normative Service Connection s approved for regular service connection c. 11 kv Voltage level is included in tariff applicable for HT V (B) Railway/ Metro/ Monorail category. sd/- sd/- sd/- (Mukesh Khullar) (I.M.Bohari) (Anand Kulkarni) Member Member Chairperson MERC Order in Case No. 337 of 2018 Page 6 of 6