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In the m1. M/s L2.Power3.PTC In

And In the m1.Weste2.Power3.PTC In

And In the mMadhya

And In the m

InjeregionaRegulaOpen A

Petition Nos. 2

C

matter of: ANCO PowrGrid Corpondia Limited

matter of: ern RegionarGrid Corpondia Limited

matter of: Pradesh P

matter of: ection of pal grid as tory Comm

Access in in

289 and 290

CENTRAL E

Coram:

Peti

wer Limitedoration of Ind

Petit

al Load Desoration of Ind

Interlo

Power Trad

power by LUnschedul

mission(Granter-State T

of 2010

ELECTRIC

Dr. PramoShri V.S.VShri M Dee Date of HeDate of Or

tion No. 28

, Gurgaon ndia Limited

tion No.29

spatch Cenndia Limited

ocutory Ap

ing Compa

LANCO Amed Interchnt of Connransmissio

ITY REGULNEW DEL

od Deo, ChVerma, Memena Dayala

earing: 28.rder : 9.

89 of 2010(

d

0 of 2010 (

ntre, Mumbad

pplication

ny Limited

markantak ange in coectivity, Lon and relate

LATORY CHI

airpersonmber an, Membe

11.2011 2.2012

(Suo Motu

…..Pro

(Suo Motu)

ai

…..Pro

No.8/2011

… I

Thermal Pontraventio

ong-term Aced matters)

COMMISSIO

er

)

… Re

oforma Re

)

……Re

oforma Re

ntervening

Power Statn of Centrccess and ) Regulation

ON

espondent

espondents

espondent

espondents

g Applican

tion into tral ElectricMedium-terns, 2009.

of 47

t

s

s

t

he city rm

Order in P

Partie

1. S2. S3. S4. S5. M6. S7. S8. M9. S10. S11. M12. M13. S14. S15. S

M/s

its Amar

village,

Commis

regional

generati

without

injecting

basis wi

violation

Commis

Petition Nos. 2

es Present:

Shri Anil ShaShri KrishnaShri PrabhaShri AbhumaMs. S. UshaShri S. K. SoShri S. R. NMs. Jyoti PraShri Y.K. SeShri. S. SenMs. Manju GMs. Puja PriShri Ravi PrShri G. UmaShri Rahul K

Per Dr P

s LANCO P

rkantak The

Korba Dis

ssion that th

grid on 1.5

ng station w

declaring

g power int

ithout seek

n of Claus

ssion (Gran

289 and 290

:

arma, LANCa Rao, LANt K. Shrivasanyu Gartia

a, WRLDC onee, CEOarasimhan,asad, NRLD

ehgal, PGC, PGCIL

Gupta, PGCiyadarshini,rakash, PTCapathy, AdvKumar, Adv

Pramod De

Power Limit

ermal Pow

strict, in th

he first unit

5.2009 and

was synchr

commercia

to the grid

ing any for

es (6) and

nt of Conne

of 2010

CO CO stava, LANa, WRLDC

O, POSOCO, POSOCODC IL

CIL , PTC C vocate, M.Pvocate, M.P

eo, Chairpe

O

ted, Gurgao

er Station

e State of

of the gen

d achieved f

ronized to t

al operation

as Unsche

m of open

d (7) of R

ectivity, Lon

CO

O O

P. Trading CP. Trading C

erson and

ORDER

on has esta

(hereinafte

f Chhattisg

erating stat

full load on

he western

n, both Un

eduled Inte

access. Si

Regulation

ng-term Acc

Co. Co.

Shri V S V

ablished two

r “the gene

garh. It ca

tion was sy

n 4.6.2009 a

regional g

nits of the

erchange o

nce, there

8 of Cent

cess and M

Verma, Mem

o units of 3

erating stati

ame to the

ynchronized

and the sec

rid on 22.2.

generatin

on regular a

was a prim

tral Electric

Medium-term

mber

300 MW ea

ion”) at Pat

e notice of

d to the wes

cond unit o

.2010. How

g station w

and contin

ma facie cas

city Regula

m Open Ac

of 47

ch in

thadi

f the

stern

of the

wever

were

uous

se of

atory

ccess

Order in P

in inter-S

to as “C

dated 12

Power L

“3(GTR

4.thopacinbe 5.bekncoobfrUthgean 6.fo

Petition Nos. 2

State Trans

onnectivity

2.11.2010 i

Limited as fo

3. ClausesGrant of Con

TransmissionRegulations”)

“(6) poweror sho (7) granteload tcommobtainshall kfrom aconveComm(Termgrid frat UI r

. As pehe grid unlepen access.ccess, may

nfirm power e charged a

. In theeen synchronown to thommercial obtained long

rom the genUnscheduledhe grid on enerating stnd (7) of Re

. We hereor not seekin

289 and 290

smission an

Regulation

in Petition

ollows:

s (6) and (7)nnectivity, Lon and rela) provide as

The grant r with the griort term open

A generaed connectivtesting by i

mercial operaning permisskeep grid sea generatin

entional enemission, will ms and Condrom other gerates.”

er the aboveess it has o

The only exbe allowed into the gridt UI rates.

e present caonized and he respondoperation. Thg term acceserating stati

d Interchangcontinuous

tation withougulation 8 o

eby direct M/ng the open

of 2010

nd related m

ns”) by LAN

No.289 of 2

) of Regulatong-term Acated matter

under:

of connectiid unless it on access.

ting station,vity to the griinjecting its ration, even sion of the cecurity in vieg station orergy sourcebe governe

ditions of Taenerating sta

e regulationsbtained longxception is tby the conc

d during test

ase, we notachieved fuent, the ge

The generatinss, medium tion even afte. Thereforeand regula

ut seeking of Connectivi

M/s LANCO Paccess for in

matters) Re

NCO Power

2010 had i

tion 8 of Ceccess and Mers) Regulati

ivity shall noobtains long-

including crid shall be a

infirm powbefore ava

concerned Rw while granr a unit thees, the tad by the Ce

ariff) Regulatations as a re

s, an entity ig-term accethat a generacerned Regiting includin

tice that botull load afterenerating sng station dterm accesster synchrone, injection ar basis aftopen accessity Regulatio

Power Limitenjecting pow

egulations,

r Limited, th

ssued show

entral Electriedium-term tions, 2009

ot entitle an -term access

captive geneallowed to unwer into the

ailing any tRegional Lonting such pereof, other riff of whi

entral Electritions, 2009. esult of this

is not entitleess, mediumating stationional Load D

ng full load t

th units of tr testing. Hostation has does not apps or short termnization is beof power byer synchrons is in clear ons as quote

ed to explainwer into the g

2009 (here

he Commis

w cause no

icity RegulaOpen Acces

9 (hereinafte

applicant to s, medium-te

erating plant ndertake tes

grid beforetype of ope

oad Despatcpermission. T

than thoseich is deteicity RegulaThe power

testing shall

ed to interchm-term accen, without avDespatch Cetesting and s

the generatinowever, for t

not been pear to haverm open acceeing injectedy the generanization of r violation ofed in para 3 a

n by 25.11.2grid and to s

einafter refe

sion in its o

otice to LAN

tory Commiss in inter-Ster “Connec

interchangeerm open ac

t which has sting includine being puten access, ch Centre, wThis infirm p

e based on ermined bytory Commis

r injected intl also be cha

hange powerss or short

vailing any tyentre to injesuch power

ng stations the reasonsdeclared u

e applied foress as the pd into the grating stationthe units of the Clauseabove.

2010 the reashow cause

of 47

erred

order

NCO

ission tate ctivity

e any ccess

been ng full t into after

which power

non-y the ission to the arged

r with term

ype of ect its

shall

have s best under r and

power rid as n into of the es (6)

asons as to

Order in P

wfo

2. W

allowing

Intercha

Petition

“5syninsycodsecoua

6.exgerethof

3. B

(WRLDC

respectiv

order da

filed vide

Petition Nos. 2

why action unor contraven

Western Re

g LANCO

ange was a

No.290 of 2

5. In the preynchronizedot been de

njecting powynchronizationcerned R

during the teecurity in vieontinuous anits of the gct within the

. We herebyxplain by 2enerating stegulations ofhe Electricityf Regulation

Both LANCO

C) have fi

vely. The

ated 22.12.2

e affidavits

289 and 290

nder sectiontion of claus

egional Loa

Power Lim

lso issued w

2010 (Suo

esent case, d and achieveclared undwer into thion. As per

Regional Loaesting includew. By allownd regular b

generating ste parameters

y direct Offic25.11.2010 tation into thf the Commiy Act, 2003 n 8 of the Co

O Power Li

led their r

Commissio

2010 and f

dated 31.1

of 2010

n 142 of theses (6) and (

ad Despatc

mited to

with a show

Motu) as u

we notice thved full loadder commerhe grid wit

clause (7) oad Despatchding full loadwing injectionbasis even tation withous of Clause (

cer-in-chargethe reason

he grid withoission and toshould not b

onnectivity R

mited (LPL

replies vide

on sought s

from WRLD

2.2010 and

Electricity A(7) of Regula

ch Centre (

inject pow

w cause no

nder:

hat both unid after testinrcial operatithout obtainof the Reguh Centre mad testing of n of power bafter synchr

ut seeking op(7) of Regula

e of the Wesns for not out obtainingo show causbe taken ag

Regulations.”

L) and West

e affidavits

some addi

DC vide ord

d 25.2.2011

Act, 2003 shation 8 of the

(WRLDC) w

wer into th

otice in our

its of the geng. Howeverion. The gening any tylation 8 of C

ay allow injethe generat

by the generronization anpen access,ation 8 of Co

stern Regionpreventing

g any type ose as to whyainst him fo

”

tern Region

s dated 25

tional infor

er dated 15

1 respective

hould not bee Connectivi

which was

he grid as

order dated

enerating star, the generenerating stype of accConnectivity ection of poting station rating stationnd achieving the respond

onnectivity R

nal Load Deinjection o

of access asy action und

or contravent

nal Load D

5.11.2010

rmation fro

5.2.2011 w

ely.

e taken agaiity Regulatio

responsible

s Unsched

d 12.11.20

ations have rating stationtation has cess even Regulationswer into thekeeping then into the grg full load odent has fail

Regulations.

espatch Cenf power by

s per the releder section 1tion of claus

espatch Ce

and 2.12.2

m LPL vid

which have b

of 47

inst it ons.”

e for

duled

10 in

been n has been after

s, the e grid e grid rid on of the led to

tre to y the evant 42 of

se (7)

entre

2010

e its

been

Order in P

REPLY

4. L

Unit of t

Petition Nos. 2

OF LANCO

PL in its af

the generat

(a) Long

of the

was

8.11.2

was s

Open

Claus

Inter-S

“2004

(b) Trans

with t

(WRL

transm

from 1

(c) After

effect

throug

289 and 290

O POWER

ffidavit date

ting station:

Term Open

e generating

granted by

2006. Subs

signed betw

Access w

se 11 of Ce

State Tran

4 Regulation

smission ch

the directio

LDC) in its

mission cha

1.5.2009.

commercia

t from 9.4.2

gh PTC an

of 2010

LTD.

ed 25.11.20

:

n Access fo

g station wa

y Power G

sequently, a

ween PTC

was obtaine

entral Elect

nsmission)

ns”).

harges for u

ons issued

s letter da

arges right

al operation

2010, sale

nd short ter

010 has sub

or injection

as applied f

Grid Corpo

a Bulk Pow

and PGCIL

d and BPT

tricity Regu

Regulation

use of the s

by Weste

ated 22.12.

from the d

n of the 1s

of power

rm open ac

bmitted the

of power fr

for by PTC

ration of I

wer Transm

L on 5.3.20

TA was exe

ulatory Com

ns, 2004 (h

system are

ern Regiona

2008. CTU

ate of sync

st Unit of th

is being d

ccess has

e following i

rom the 1st

India Limit

ndia Limite

mission Agre

007. Therefo

ecuted in a

mmission (O

hereinafter

being paid

al Load De

U has coll

chronization

he generati

done on sh

been taken

in respect o

Unit of 300

ed (PTC) w

ed (PGCIL

eement (BP

ore, Long T

accordance

Open Acces

referred to

d in accorda

espatch Ce

lected the

n i.e. with e

ing station

hort term b

n additiona

of 47

of 1st

0 MW

which

L) on

PTA)

Term

with

ss in

o as

ance

entre

WR

effect

with

basis

lly in

Order in P

As reg

Petition Nos. 2

accor

Acces

for Lo

to Pow

gards the 2n

(a) Long

the g

PGCI

held o

estab

other

decid

schem

depen

Powe

PTC a

Regu

Regu

(b) 2nd U

synch

has b

289 and 290

rdance with

ss in Inter-S

ong Term O

wer Grid in

nd Unit of th

Term Open

enerating s

L vide the

on 30.7.20

lishment of

systems u

ed in the s

mes, the p

nding upon

er Transmis

and PGCIL

latory Com

lations, 200

nit of the g

hronization

been accord

of 2010

h the Cen

State Trans

Open Acces

respect of

he generati

n Access fo

station was

minutes of

007, subjec

f 765/400

under WR

aid meeting

power tran

n transmiss

sion Agree

L in accorda

mmission

04.

generating s

notice date

ded by We

tral Electri

smission) R

ss as well a

1st Unit.

ng station,

or injection

s applied f

the 9th me

t to comple

kV WR Po

system st

g that till th

nsfer may

sion capaci

ment (BPT

ance with R

(Open Ac

station has

ed 12.1.201

estern Reg

city Regul

egulations,

as Short Te

LPL has su

of power fr

for by PTC

eting of We

etion of de

ooling Statio

trengthenin

he commiss

be effect

ity availabil

A) was sign

Regulation 1

ccess in

been sync

0 and perm

ional Load

atory Com

2008. At p

erm Open A

ubmitted as

rom 2nd Un

C which wa

estern Reg

edicated tra

on near Si

g scheme.

sioning of th

ted on sho

lity. Subseq

ned on 27.7

11 of the Ce

inter-State

chronized a

mission for

Despatch

mmission (O

present, cha

Access are

under:

it of 300 M

as approve

ion constitu

ansmission

pat and ce

It was fu

he transmis

ort term b

quently, a

7.2009 betw

entral Elect

Transmiss

s per the L

synchroniz

Centre vid

of 47

Open

arges

paid

W of

d by

uents

line,

ertain

urther

ssion

basis

Bulk

ween

tricity

sion)

LPL’s

ation

de its

Order in P

5. LP

generati

from WR

no violat

6. The

Petition Nos. 2

letter

comm

PL has sub

ng station

RLDC befo

tion of claus

e Commissio

(a) The r

long t

of the

(b) The r

the co

month

(c) The r

to pla

PTC/H

(d) Detail

synch

opera

of syn

289 and 290

dated 19

mercial oper

bmitted tha

prior to syn

re injecting

ses (6) or (7

on in its ord

reasons for

term access

e PPA betwe

reasons for

ommercial

hs.

reasons for

ace on re

HPGCL.

ls of MW i

hronization

ation (i.e. 9.

nchronizatio

of 2010

9.1.2010. T

ration date

at open ac

nchronizatio

power into

7) of Regul

der dated 2

r selling po

s to supply

een MPSE

the unusu

operation o

not achiev

ecord the

njections in

of Unit-1

.4.2010) an

on on 22.2.2

The testing

of 2nd Unit

ccess has

on and spec

o the Weste

ation 8 of C

2.12.2010 d

ower throug

power to M

B and PTC

ally long tim

of the Unit-

ving the com

copy of th

n each time

(i.e. 1.5.

nd similar d

2010 till dat

g of the

has not yet

been gran

cific permis

ern Region

Connectivity

directed LP

gh STOA p

MPSEB and

/LPL.

me of 11 m

1 as agains

mmercial o

he PPA s

e block of

2009) till

details in ca

te.

project is

t been achie

nted for bo

ssions have

al grid. The

y Regulation

PL to clarify

particularly

d to place o

months take

st the norm

operation of

igned betw

the day sin

the date

ase of Unit-

s ongoing

eved.

oth units of

e been obta

erefore, the

ns.

the followin

when LPL

n record a

en for achie

mal practice

f the Unit-2

ween LPL

nce the da

of comme

2 from the

of 47

and

f the

ained

ere is

ng:

L has

copy

eving

of 6

2 and

and

te of

ercial

date

Order in P

7. LPL

under:

Petition Nos. 2

L in its affida

(a) LPL ent

MW Un

MPSEB

by PTC

Respon

stipulate

Limited

High Co

case o

dismiss

11.5.20

agreem

9.4.201

Agreem

generat

the gro

submit

Civil Ap

Suprem

MPERC

289 and 290

avit dated 3

tered into a

it 1. PTC si

B for sale o

C for supply

ndent on 14

ed in the P

(MPPTCL)

ourt of Mad

of MPPTCL

sed by the

005 between

ment with PT

0.

MPPTCL f

ment. MPER

tion tariff. O

ound that M

to its jurisd

ppeals filed

me Court. F

C against t

of 2010

30.12.2010

a PPA with

igned a Pow

of 300 MW

of power to

4.3.2008 du

PPA by PT

), the succe

dhya Prade

L finally cu

Supreme C

n LPL and

TC and has

filed a petit

RC directed

On appeal, t

MPERC ha

diction for th

by MPPTC

Further, PTC

termination

has submit

PTC on 11

wer Sale Ag

power. Lon

o MPSEB. H

ue to non-fu

TC. Madhya

essor of M

esh contest

ulminated

Court on 8.4

PTC stood

s been selli

tion before

d LPL to su

the Appellat

as exceede

he purpose

CL and MP

C had initia

of PPA.

tted para-w

.5.2005 for

greement o

ng Term O

However, P

ulfillment of

a Pradesh

PSEB, filed

ting the ter

in SLP No

4.2010. As

d terminated

ing power o

MPERC fo

ubmit to its

te Tribunal

ed its juris

e of determ

PERC are p

ated procee

Though M

wise replies

sale of pow

on 30.5.200

Open Acces

PPA was te

f the condi

Power Tra

d a writ pet

rmination o

o.16101/20

the long te

d, LPL has

on Short Te

or approval

jurisdiction

has set asi

diction by

ination of g

pending bef

edings aga

MPERC gra

to the abov

wer from its

05 with erstw

ss was obta

rminated by

tions prece

ading Com

tition before

of the PPA.

009 which

erm PPA d

signed ano

erm basis s

l of Power

for approv

ide the orde

asking LP

generation t

fore the Ho

inst LPL be

anted a sta

of 47

ve as

s 300

while

ained

y the

edent

pany

e the

The

was

dated

other

since

Sale

val of

er on

PL to

tariff.

n’ble

efore

ay in

Order in P

Petition Nos. 2

favour

appeal.

in its or

Appella

operatio

copy ea

PTC an

(b) As re

subm

Janua

lubric

which

rectifi

succe

been

affect

transm

also

proble

transm

variou

gener

transm

289 and 290

of PTC, th

PTC has f

rder dated

ate Tribunal

on since th

ach of the P

nd MPPTCL

egards the

itted that th

ary 2009, th

ation syste

h affected

cation/repla

essfully on

keeping h

ted badly.

mission line

impacted t

ems were

mission line

us fax me

ration in v

mission lin

of 2010

he same h

filed a civil a

11.12.2009

l. LPL has

he PPA wa

PPA betwee

L have been

delay in c

hough the

he same g

em of the tu

d the t

acement of

1.5.2009. H

igh, the te

Furthermo

e, through t

the respon

e partially

e was modif

essages an

view of th

ne. Moreov

as been v

appeal befo

9 has refus

submitted

as terminate

en LPL and

n placed on

commercial

Unit was in

ot delayed

urbine and

testing a

f the defect

However as

sting and s

ore, over lo

the LILO of

ndent’s abi

addresse

fied as Pat

nd codes

he overloa

ver, the

acated by

ore the Hon

sed to gran

that it cou

ed and its

PTC and a

n record.

operation

nitially plan

due to pro

consequen

nd stabil

tive parts, t

s the turbine

stabilization

oading of

f which LTO

lity to ach

d when

hadi-Raipu

from time

ading of t

private rai

the Appell

n’ble Supre

nt stay on t

ld not decla

validity wa

a copy of th

of the 1st

ned for syn

oblems exp

nt damage

lization p

the Unit wa

e bearing te

n process o

the 400 k

OA was gra

ieve comm

the Patha

r line. WRL

to time t

the 400 k

ilways sid

late Tribun

me Court w

the order o

are comme

as in disput

e PSA betw

Unit, LPL

nchronizatio

perienced in

to the bea

process.

as synchron

emperature

of the unit

kV Korba-S

anted to the

missioning.

adi-Sipat-Ra

LDC also iss

to regulate

kV Korba-S

ing meant

of 47

al in

which

of the

ercial

te. A

ween

has

on in

n the

rings

After

nized

e had

was

Sipat

Unit

The

aipur

sued

e the

Sipat

t for

Order in P

Petition Nos. 2

transp

comm

coal

MPPT

was u

absen

of by

(c) LPL s

300 M

Gene

and a

and tr

load

have

(i)

(ii)

(iii)

(iv)

289 and 290

portation o

missioned ti

stock to o

TCL’s appe

under dispu

nce of long

the Suprem

signed a PP

MW unit. P

eration Corp

achieved fu

ransmission

and declar

been advan

Heavy s

resynchro

Tripping o

control va

Shutdown

mills, gea

Time take

expert Ch

of 2010

of coal from

ill January

operate th

eal was pe

ute, LPL co

term PPA.

me Court, L

PA with PT

TC signed

poration Lim

ull load on

n constraint

re commer

nced by LP

steam lea

onization on

on 9.4.2010

alve;

n from 26.5

r box and c

en for rectifi

hinese engin

m SECL m

2010 whic

e plant co

nding befo

ould not dec

Only after

PL comme

TC on 19.1

a Power S

mited. The

25.3.2010.

ts, LPL cou

rcial operat

PL for not be

akage from

n 7.4.2010;

0 and 10.4.

5.2010 to 21

coal mill mo

ication of th

neers on ac

mines to t

h was cruc

ontinuously

re the Sup

clare the co

MPPTCL a

nced sched

0.2005 for

Sale Agreem

unit was s

However d

uld not run t

tion till dat

eing able to

m the tu

2010 due t

1.6.2010 du

otor;

he problem

ccount of ch

the power

cial for ens

y at full lo

preme Cour

ommercial o

appeal was

duling of po

sale of pow

ment with H

ynchronise

due to tech

the unit con

te. The fol

o run the un

urbine sid

to EH oil le

ue to probl

s due to no

hange in VI

point was

suring adeq

oad. Since

rt and the

operation in

finally dispo

ower.

wer from its

Haryana Po

d on 22.2.2

hnical prob

ntinuously a

lowing rea

nit at full loa

de leading

eakage from

ems in the

on-availabil

SA policy;

of 47

s not

quate

the

PPA

n the

osed

s 2nd

ower

2010

lems

at full

sons

ad:

g to

m the

coal

ity of

Order in P

(d

c

o

H

in

2

REPLY

8. W

Petition Nos. 2

(v)

(vi)

(vii)

(viii)

(ix)

d) LPL ha

ommission

f the PPA

HPGCL. LP

n respect o

6.12.2010.

OF WESTE

WRLDC in it

(a) The is

for ev

is an

289 and 290

Heavy lea

faulty des

Fire accid

Problems

from the E

Delay in

circulation

Overloadi

prevailing

affecting

completio

as submitte

ing process

between L

L has place

of 1st Unit f

ERN REGIO

ts affidavit d

ssue of ope

vacuation of

agreement

of 2010

akage of flu

sign at joint

dent in coal

in ash han

ESP hoppe

commissio

n system; a

ng of tran

in the s

operation

on of testing

ed that it

s as quickly

LPL and PT

ed on recor

from 1.5.20

ONAL LOA

dated 2.12.

en access,

f power from

t between

ue gas in th

plane;

mills and c

ndling syste

rs and prob

oning of d

nd

nsmission l

system and

of the u

g and achiev

is taking

y as possibl

TC and a

rd the detai

009 to 9.4.2

AD DESPAT

2010 has s

whether lo

m a genera

the two pa

he duct lead

consequent

em due to c

blem in wett

ry ash ha

ines and h

d consequ

unit continu

ving stabiliz

steps to c

e. LPL has

copy of the

ils of MW in

2010 and 2

TCH CENT

submitted a

ong term, m

ating station

arties for tra

ding to the

failure of g

choking of

ting heads;

ndling syst

high freque

uent grid s

uously at

zation.

complete th

s placed on

e PSA betw

njection in e

2nd Unit fro

TRE

s under:

medium term

n would aris

ansmission

chimney du

rinding rolls

ash evacu

tem and w

ency condi

security is

full load

he testing

n record a

ween PTC

each time b

m 22.2.201

m or short

se in case t

n/conveyanc

of 47

ue to

s;

ation

water

tions

sues

and

and

copy

and

block

10 till

term

there

ce of

Order in PPetition Nos. 2

electr

includ

regula

Comm

short

comp

system

withou

acces

system

(b) The p

on the

at the

of po

needs

term,

delive

open

applie

dispa

(c) WRLD

expec

289 and 290

ricity from o

ding a cap

ations go

mission, the

term open

pany includ

m to supp

ut the need

ss subject to

m security.

present regu

e WRLDC

e time of sy

ower by th

s to be to a

medium-te

ery. So lon

access for

ed for such

tch.

DC being a

cted to get

of 2010

one place t

ptive genera

overning u

ere will be

access. If

ing the ca

ort the grid

d to obtain

o curtailme

ulations of t

to terminat

ynchronizati

e generati

an identified

erm or sh

ng as there

such conve

access, th

a statutory

t into com

to another

ating plant

unschedule

no issue o

the frequen

ptive gene

d frequenc

any long-te

nt of UI pow

the Commis

te the conn

on, testing

ng compan

d purchase

ort-term op

e exists a lo

eyance of e

he generati

body in ch

mercial dis

place. If t

t are inject

ed interch

of taking lo

ncy in the s

rating plan

cy, they are

erm, medium

wer by RLD

ssion do no

nectivity giv

and comm

ny after te

r/end user

pen acces

ong-term, m

electricity, ir

ng compan

harge of op

sputes betw

the genera

ting power

hange not

ong term, m

system allow

t to inject

e entitled t

m-term or s

DCs in case

ot cast any

ven to a ge

missioning.

esting and

and would

ss to reach

medium-ter

rrespective

ny can sche

peration of

ween the p

ating compa

based on

tified by

medium ter

ws a genera

power into

to inject po

short-term o

e of threat to

duty or fun

nerating st

The sched

commissio

require a l

h the plac

m or short-

of whoever

edule powe

f the grid is

parties, na

of 47

anies

n the

the

m or

ating

o the

ower

open

o the

ction

ation

uling

oning

long-

ce of

-term

r has

er for

s not

mely

Order in P

9. A

and PTC

of their

Regiona

sharing

the gen

9.4.2010

receipt o

request

MPERC

pay the

Committ

applicab

power e

paymen

the regu

10. A

per the

commen

of the i

Petition Nos. 2

wheth

Purch

As regards

C is sharing

LTOA gran

al Energy A

of Western

nerating sta

0 and sched

of applicatio

from LPL

C, MP High

transmissio

tee for the

ble. WRLD

exchange f

ts for trans

ulations of th

As regards t

BPTA sig

ncement of

dentified tr

289 and 290

her the gen

hase Agree

1st Unit, WR

g the Weste

nted with e

Account (R

n Region tr

ation was

duling unde

on from LPL

for schedu

Court, APT

on charges

300 MW L

DC has also

from 15.6.

mission cha

he Commis

the 2nd Uni

gned betwe

open acce

ransmission

of 2010

nerator is or

ment.

RLDC has

ern Region

effect from

REA) issue

ransmission

declared

er short term

L. From 1.5

uling of pow

TEL and Su

s in line wit

LTA grante

o given app

2010 to 1

arges are b

ssion in add

t of the ge

een PTC a

ess is the d

n strengthe

r is not fulfi

submitted t

transmissi

1.5.2009.

d by West

n charges w

under com

m open acc

5.2009 till 8

wer reporte

preme Cou

th the REA

ed by CTU

proval to LP

5.12.2010.

being made

dition to the

nerating sta

and POWE

ate of com

ening sche

illing the ob

that it was

on charges

WRLDC

tern Regio

with effect f

mmercial o

cess has be

8.4.2010, W

edly due to

urt. From 1

A issued by

in addition

PL to sell u

For STO

e by LPL to

charges fo

ation, WRL

ERGRID on

missioning

me. Till t

bligations u

synchroniz

s proportion

has placed

nal Power

from 1.5.20

peration w

een started

WRLDC did

o pending d

.5.2009, PT

y Western R

n to the ST

upto 273 MW

OA and PX

nodal RLD

or LTA being

LDC has su

n 27.7.200

of the unit

the commis

nder the Po

zed on 1.5.2

nate to 300

d on record

Committee

009. 1st Un

with effect

d by WRLD

not receive

disputes be

TC continue

Regional Po

TOA charge

W power a

X transact

DC/NLDC as

g paid by P

ubmitted tha

09, the dat

and availa

ssioning of

of 47

ower

2009

MW

d the

e for

nit of

from

C on

e any

efore

ed to

ower

es as

at the

tions,

s per

PTC.

at as

te of

ability

f the

Order in P

transmis

term bas

on 22.2

under th

commiss

Scheme

from 1.9

LPL. It

for sale

11. W

long term

same is

non-com

granted

on para

Explana

(Unsche

2010, W

underdra

understa

no dang

both un

condition

Petition Nos. 2

ssion schem

sis dependi

.2010 and

he PPA wit

sioning of

e (SPS) ha

9.2010 to e

has been f

of power du

WRLDC has

m access f

in place. B

mmissioning

to PTC for

5 of the Sta

atory Memo

eduled Inte

WRLDC ha

awals or o

anding of W

ger to syste

nits of the

ns/targets a

289 and 290

me, PTC w

ing upon th

has not ye

th PTC and

schedule

s been put

nsure grid

further state

ue to which

s submitted

for 600 MW

BPTA for 2n

g of the str

600 MW c

atement of

orandum t

rchange C

as submitt

over injecti

WRLDC the

em security

e generati

are given fo

of 2010

was allowed

e availabilit

et been dec

d the PTC’

of WR poo

t in operati

security as

ed that LPL

h generation

d that as pe

W for both

nd Unit of the

rengthening

ontinues to

Reasons o

to the dra

Charges and

ted that th

on in the

ere is no ba

y. As rega

ing station

or declaratio

by CTU to

ty of transfe

clared unde

s PSA with

oling statio

ion progres

s well as ev

L has not c

n could not

er the reco

the units o

e generatin

g scheme.

o remain va

of the Conn

aft Central

d Related

here are n

present po

ar on such i

ards the de

n, WRLDC

on of comm

o transfer p

er capability

er commer

h HPGCL.

on near Si

ssively for

vacuation o

come forwa

be schedul

ords availab

of LPL from

ng station is

It has fur

lid till the ex

ectivity Reg

Electricity

Matters) (A

no hard li

ower defic

njections a

eclaration o

C has sub

mercial ope

power to HP

y. Unit-II wa

rcial operat

Consideri

pat, a Sys

both units

of power fro

rd with any

led by WRL

ble with it,

m CTU and

s still not op

rther subm

xpiry of the

gulations an

Regulator

Amendmen

mits on U

it condition

as UI provid

of commerc

bmitted tha

eration of th

PGCL on s

as synchron

tion as requ

ng the dela

stem Prote

of LPL sta

om both un

y STOA req

LDC.

PTC has ta

BPTAs fo

perational du

mitted that L

e LTAs. Re

nd para 5 o

ry Commis

nt) Regulat

UI volumes

n. As per

ded that the

cial operatio

at no spe

he stations e

of 47

short-

nized

uired

ay in

ction

arting

its of

quest

aken

r the

ue to

LTAs

elying

of the

ssion

tions,

s on

r the

ere is

on of

ecific

even

Order in P

whose ta

of LPL is

be decid

on LPL t

regard.

12. W

Electricit

(hereina

to be cu

Pathadi,

Koradi w

WRLDC

room to

submitte

not injec

open ac

away by

has com

continue

Commis

disconne

continuin

Petition Nos. 2

ariff is dete

s not being

ded as per

to declare c

WRLDC ha

ty Regulat

after “IEGC”

urtailed firs

, whenever

were obser

C has also p

curtail the

ed that in te

cting power

ccess is of

y WRLDC o

me to an e

es to exist

ssion or app

ect a gene

ng to inject

289 and 290

ermined by

determined

the provisio

commercia

s further s

ory Comm

”), irrespect

st in case

instances o

rved WRLD

placed on r

e UI injectio

erms of Re

r into the sy

the gener

on the grou

end at any

t and can

propriate co

rating statio

power with

of 2010

the Comm

d by the Co

ons of the P

l operation

submitted t

mission (Ind

tive of the tr

of any thre

of heavy lo

DC took eff

record the

on from the

gulation 8(

ystem exce

rating comp

nd that long

point of ti

be taken

ourt. The fu

on on the b

hout declari

ission. Sin

ommission,

PPA betwe

in terms of

that in term

dian Electri

ransmission

eat to the

ading on 40

fective actio

copies of t

e generatin

6) of Conn

ept under lo

pany. The

g term, me

me or doe

away on

unctions of

basis that i

ng commer

nce the tarif

the date of

en the buy

f PPA and W

ms of Clau

icity Grid

n access gr

system se

00 kV Bhila

on to curta

the messag

g station o

ectivity Reg

ong term, m

connectivi

dium term

es not exist

ly by an

f WRLDC d

t does not

rcial operat

ff of the ge

f commerci

er and selle

WRLDC ha

use 6.4.12

Code) Reg

ranted to an

ecurity. In

ai-Seoni and

ail the UI in

ges issued

of LPL. WR

gulations, t

medium term

ity given ca

or short ter

t. The con

order of t

o not includ

have open

ion.

nerating sta

al operation

er. The on

as no role in

of the Ce

gulations, 2

ny entity, U

case of La

d 400 kV B

njection of

from its co

RLDC has

he obligatio

m or short

annot be ta

rm open ac

nnectivity g

the approp

de the pow

n access or

of 47

ation

n will

us is

n this

entral

2010

I has

anco

hilai-

LPL.

ontrol

also

on of

term

aken

ccess

given

priate

wer to

r it is

Order in P

13. W

(6) and (

14.

290/201

allowed

MW inje

of comm

submitte

(Terms

provide

the scop

regulate

reveals t

stations.

outside

invitation

why suc

term or

the gene

As regar

to the co

modifica

that all g

Petition Nos. 2

WRLDC has

(7) of Regu

The Comm

0 to cite t

injection of

ection in ea

mercial ope

ed that Re

and Cond

that infirm

pe of the s

ed by the C

that the Co

. It has bee

the schedu

n to the ge

ch UI mech

short term

erator shou

rds the rate

onclusion t

ation to the

generators

289 and 290

s submitted

ulation 8 of t

mission dire

he relevan

f infirm pow

ch time blo

eration. WR

gulations 1

itions of T

power shal

said regula

Commission

ommission i

n further su

uling regula

enerator to

anism shou

contracts.

ld be able t

es of UI cha

that UI rate

e rates sho

should noti

of 2010

that for the

the Connec

ected WRLD

t regulation

wer by LPL

ock of the d

RLDC in it

19 and 35

Tariff) Regu

ll be accou

tions cover

n, a reading

ntended the

ubmitted tha

ations as it

support gri

uld be direc

Even thoug

to inject pow

arges, it ha

e is higher

uld be con

fy the date

e above rea

ctivity Regu

DC in its o

n or legal

L as unsche

day from the

s reply file

of Centra

ulations, 20

nted for as

r only thos

g of the St

e applicatio

at by its ver

is depend

id stability.

ctly or indir

gh there is

wer to supp

as been sub

and entities

nsidered. M

of commer

asons, there

lations on t

order dated

provision u

eduled inter

e date of s

d vide affid

al Electricity

004 were

s unschedul

e generatin

tatement of

on of the reg

ry nature, th

dent on the

There see

rectly relate

no long te

port the grid

bmitted that

s are takin

Moreover, i

rcial operat

e is no viola

the part of t

15.2.2011

under whic

rchange an

ynchroniza

davit dated

y Regulato

amended o

led intercha

ng stations

f Reasons

gulation for

he UI mech

e grid frequ

ems to be n

ed to the ex

erm or shor

d in case of

t if the Com

g advantag

f the Comm

ion to an au

ation of Cla

the WRLDC

in Petition

ch WRLDC

nd the deta

tion till the

25.2.2011

ory Commis

on 7.1.200

ange. Altho

whose tar

dated 7.1.2

r all other po

hanism oper

ency and i

no reason a

xistence of

rt term cont

f low freque

mmission co

ge of the sa

mission inte

uthority suc

of 47

uses

C.

n No.

had

ils of

date

has

ssion

08 to

ough

riff is

2008

ower

rates

is an

as to

long

tract,

ency.

omes

ame,

ends

ch as

Order in P

RLDC o

submitte

injected

specify a

concurre

inter-Sta

under de

deteriora

been su

submitte

respect

through

available

each tim

22.2.201

SUBMIS

15. S

hearing

Petition Nos. 2

or NLDC, it

ed that there

without an

any outer li

ence of RL

ate generat

eficit condit

ate beyond

ubmitted tha

ed that in t

to infirm p

a harmonio

e at that tim

me block o

10 till 25.2.2

SSIONS DU

Shri Shanti

on 17.3.20

(a) Centr

Regu

powe

unit o

provid

289 and 290

may be sp

e is an unre

ny access.

imit for test

LDCs. On

ting stations

tions as lon

permissible

at WRLDC

he absence

power at U

ous reading

me. WRLDC

of the day

2011.

URING THE

Bhushan,

11 submitte

ral Electricit

lations, 20

r as electric

or block of

des that su

of 2010

pecifically p

esolved iss

Connectiv

ting of unit

the other h

s may be a

ng as such

e limits and

has been o

e of clear-c

UI rates wa

g of all the

C has also

in respect

E HEARING

learned S

ed the follow

ty Regulato

009 (herein

city injected

the genera

upply of inf

provided in

sue of the d

vity Regulat

and genera

hand, Clau

allowed to g

deviations

d do not lea

operating o

cut provisio

as addresse

relevant re

placed on

t of Unit-I

G

Senior Cou

wing:

ory Commis

nafter “200

d into the g

ating station

irm power

the regulat

uration for

tions or any

ating power

se 6.4.10 o

generate b

s do not ca

ad to unacce

on this princ

ons, the ga

ed by WR

egulations a

record the

from 1.5.2

unsel appe

ssion (Term

09 tariff re

rid prior to

n. Regulatio

shall be ac

tions. WRL

which infirm

y other reg

r on infirm

of IEGC pr

beyond the

use system

eptable line

ciple. WRL

aps in the r

LDC in its

and Statem

details of

2009 and f

aring for L

ms and Con

egulations”)

commercia

on 11 of 2

ccounted a

LDC has fu

m power ca

gulations do

basis subje

rovides tha

given sche

m paramete

e loading. It

LDC has fu

regulations

best judgm

ment of Rea

MW injectio

for Unit-II

LPL during

ditions of T

defines in

al operation

009 regula

as Unsched

of 47

urther

an be

o not

ect to

t the

edule

ers to

t has

urther

with

ment

sons

on in

from

g the

Tariff)

nfirm

n of a

tions

duled


Interc

applic

infirm

reduc

regula

capita

Comm

gener

and n

learne

LPL

determ

that p

determ

laid d

No.1/

in Ap

appro

when

(b) As pe

statio

conne

during

289 and 290

change and

cable frequ

power aft

ction in cap

ations not t

al cost an

mission tha

rating statio

not in case

ed senior c

entered on

mined by th

point of tim

mine the ta

own by the

2005 and w

ppeal No.71

opriate Com

power is s

er Regulat

n including

ectivity is pe

g testing wh

of 2010

d paid for f

ency-linked

ter account

pital cost. T

to prolong t

d consequ

at the 2009

ons whose

of the LPL

counsel sub

n 11.5.200

he Central

me that Cen

ariff when t

e Appellate

was reiterat

1/2008 in a

mmission w

upplied by

tion 8(6) o

g a captiv

ermitted to

ho shall ke

from the re

d UI rate. T

ting for the

Therefore, t

the injection

uently the

9 tariff regu

tariff is det

L’s generatin

bmitted tha

5, tariff of

Commissio

ntral Comm

the power i

Tribunal fo

ted by the T

a case inv

would not

a generatin

of the Con

ve generati

inject infirm

eep the grid

egional or

The revenu

e fuel expe

here is an

n of infirm p

tariff. In

lations are

termined by

ng station w

at as per th

f the gene

on as it was

mission wou

is supplied

or Electricit

Tribunal in

volving LPL

have jurisd

ng company

nnectivity R

ing plant w

m power wit

d security in

State UI p

e earned f

enses shall

in-built dis

power as it

reply to a

applicable

y the Centr

which is a

he PPA bet

erating stat

s not clear t

uld not hav

to a trade

ty (the Tribu

its order da

L which pro

diction to

y to a trade

Regulations

which has

th the perm

n view. In th

pool accou

rom the sa

be applied

incentive in

t will reduce

a query of

e in case o

ral Commis

merchant p

tween PTC

tion was to

to the partie

e jurisdictio

er. The law

unal) in Pe

ated 21.10.2

ovided that

determine

r.

s, a gener

been gra

mission of R

his case, po

of 47

nt at

ale of

d for

n the

e the

f the

of the

ssion

plant,

C and

o be

es at

on to

was

tition

2008

t the

tariff

ating

anted

RLDC

ower


has b

of the

9.4.20

for the

couns

cost a

distrib

(c) Refer

const

term

grante

statio

kV Ko

config

basis

LPL is

(d) Right

any re

in pla

autho

decla

289 and 290

been injecte

e regulation

010 and Un

e reasons g

sel submitte

as and whe

bution comp

rring to para

ituents held

open acce

ed subject

n near Sipa

orba STPS

guration. Til

depending

s injecting p

to declare

estriction a

ce before g

ority to dete

ration of co

of 2010

ed with the

ns. Unit 1 h

nit 2 has no

given in LP

ed that the

en the resp

panies in fu

a 1.7 of the

d on 30.7.2

ess for tra

to comple

at D/c (Qua

S-Sipat at P

ll that time,

g upon tran

power on av

the comme

nd the gen

going for co

ermine whet

ommercial o

permission

has already

t still been

PL’s reply d

UI charge

pondent’s g

uture.

e Minutes o

2007, the

nsfer of 30

etion of pro

ad) line and

Pathadi and

power tran

nsmission c

vailing shor

ercial opera

erator is re

ommercial o

ther the un

operation.

of the WR

declared c

declared un

dated 30.12

es would be

generating

of the 9th m

learned co

00 MW po

oposed 400

removal of

d restoration

nsfer was to

capacity av

rt term open

ation is give

equired to e

operation. T

its of the ge

RLDC. There

commercial

nder comm

2.2010. The

e reduced f

station sup

meeting of W

ounsel subm

ower from

0 kV Patha

f LILO arra

n of the lin

o be effecte

vailability. A

n access.

en to the ge

ensure that

Therefore, W

enerating s

e is no viol

operation

mercial oper

e learned se

from the ca

pplies pow

Western Re

mitted that

Pathadi-II

adi-WR po

ngement of

ne to its ori

ed on short

Accordingly

enerator wit

all systems

WRLDC ha

station are f

of 47

ation

from

ation

enior

apital

er to

egion

long

was

oling

f 400

ginal

term

y, the

thout

s are

as no

fit for

Order in P

16. T

replies f

17. T

to subm

(a

(b

18. W

In the sa

has bee

utmost c

generato

network

duly com

and 8.3.

Regulati

Petition Nos. 2

(e) The

theref

be dis

The represe

iled vide its

The Commis

it the follow

a) Detail

synch

b) Copie

for tes

WRLDC has

aid affidavit

en submitte

care to ens

ors through

, LPL has

mplied with

2011 to LP

ion 8 of Co

289 and 290

re is no vi

fore, the sh

scharged.

entative of W

s affidavits d

ssion direct

wing informa

ls of UI

hronization

es of messa

sting their u

s submitted

t WRLDC h

d that WRL

sure that g

h the UI m

been direct

by the ge

PL directing

nnectivity R

of 2010

olation of a

how cause

WRLDC in

dated 2.12.2

ted WRLDC

ation:

energy in

of Unit-I an

ages receiv

units from ti

d the require

has also rai

LDC to the

grid security

mechanism.

ted to redu

nerator. W

them to sc

Regulations

any regulat

notice unde

his submiss

2010 and 2

C in the Re

njected and

nd Unit-II till

ved from LP

me to time.

ed informat

ised a num

best of its

y is not ha

Wheneve

uce generat

WRLDC has

chedule the

s. However

tion of the

er section 1

sion reitera

25.2.2011.

cord of Pro

d UI earn

date.

PL seeking

.

tion vide its

ber of issu

s ability and

ampered on

er there w

tion and su

s also issue

power in li

r, LPL has r

Commissio

142 of the A

ated the poi

oceedings d

ned by M

permission

s affidavit da

es for regu

d understan

n account

was any co

uch instruct

ed letters d

ne with cla

responded

on by LPL

Act against

nts made in

dated 17.3.2

M/s LPL s

n to inject po

ated 11.4.2

latory clarit

nding has ta

of injection

ngestion in

ions have b

dated 23.2.2

uses 6 and

to the lette

of 47

and

t LPL

n the

2011

since

ower

2011.

ty. It

aken

ns by

n the

been

2011

d 7 of

rs by

Order in P

stating t

has exp

Unit-II of

been aft

is on a

operatio

discharg

19. A

noticed

generati

testing

generati

and 2nd

19.1.201

2006, a

requisite

set out

applican

connect

the Reg

by LPL

generati

CTU as

Petition Nos. 2

that the Co

pressed its

f the gener

ter exercisin

account of

on. It has b

ged.

After consid

that Regu

ing station

including fu

ing station

Unit of the

10. Under t

n agency s

e details fo

by the CT

nt agency

ivity shall b

ulation 8 of

and/or WR

ing station

s a necess

289 and 290

mmission i

reservation

ating statio

ng due dilig

f interplay

been prayed

deration of

ulation 8(7)

to inject

ull load tes

was injectin

e generatin

the provisio

seeking co

or connectiv

U in the o

can be c

be granted

f Connectiv

RLDC rega

under the

sary party t

of 2010

s seized w

n about WR

n. WRLDC

gence and

between

d that the

the subm

) of the C

power into

sting if it h

ng power in

g station w

ons of Reg

onnectivity

vity and aft

ffer of con

connected

by the CTU

vity Regulat

rding grant

relevant re

to the proc

with the mat

RLDC’s dire

C has subm

any perceiv

twelve rel

show caus

issions of

Connectivity

o the grid

has been g

nto the grid

was injectin

gulation 4.4

to ISGS is

ter complia

nection, th

to the gri

U as the no

tions. Since

t of connec

egulations,

ceedings b

tter in the s

ection to sto

mitted that th

ved inconsi

evant regu

se notice is

LPL and W

y Regulatio

as unsche

granted co

d under UI f

ng power in

4 of the Ind

s required

ance of req

e CTU is r

id. With e

odal agenc

e no docum

ctivity to 1s

the Comm

being the n

suo-motu p

op injection

he actions t

istency with

ulations af

ssued to W

WRLDC, th

ons allows

eduled inter

onnectivity.

from 1.5.20

nto the grid

dian Electri

to apply to

quirements

required to

effect from

cy as per th

ment was pl

st Unit and

mission deci

nodal agen

roceedings

n of power

taken by it

h any regula

ffecting sys

WRLDC ma

he Commis

a unit of

rchange du

1st Unit of

009 till 9.4.2

d under UI

city Grid C

o CTU with

and proce

o notify tha

1.1.2010,

he provision

laced on re

2nd Unit o

ided to imp

ncy for gra

of 47

s and

from

have

ation

stem

ay be

ssion

f the

uring

f the

2010

from

Code,

h the

edure

t the

the

ns of

ecord

f the

plead

nt of

Order in P

connect

Regulati

paying t

the grid

terminat

implead

circumst

existenc

submiss

of the g

following

Petition Nos. 2

ivity under

ions. Simila

the transmi

despite the

ted by LPL

PTC as

tances und

ce of LTO

sion on the

generating

g documen

(a) All

conne

dispo

(b) A brie

conne

regula

(c) View

regula

(i)

(ii

289 and 290

r the Indi

arly, the C

ission char

e fact that t

on 14.3.20

a necessa

der which p

As. PTC

status of th

station. CT

ts/clarificat

relevant d

ectivity in re

osal of the s

ef on the p

ectivity an

ations.

ws of the CT

ations of th

) Whether L

for LPL b

station;

) Whether

respect o

of 2010

an Electric

ommission

rges from t

the PPA be

008. Since t

ary party in

ower was b

was direct

he LTOAs g

TU was a

ions:

ocuments

espect of b

said applica

procedure a

nd long te

TU on the f

e Commiss

LTOA grant

eing the ge

LPL had a

of Unit 1 a

city Grid

noticed fr

he date of

etween LPL

the LTOAs

n the proc

being inject

ted in our

granted to

lso directe

with rega

both units o

ation.

and practice

erm acces

following ba

sion and the

ted by CTU

enerating co

any valid L

nd from 19

Code, 200

rom the rec

synchroniz

L and PTC

were gran

ceeding in

ted into the

r order da

it by the CT

d in the s

rd to the

of the gene

e being foll

ss under

ased on the

e prevailing

U to PTC ca

ompany ow

LTOA from

9.1.2010 in

06 and th

cords that

zation of bo

in respect

ted to PTC

order to u

e grid unde

ated 9.11.2

TU in respe

same order

application

rating statio

lowed by C

the earlie

e provisions

g practice a

n be treate

wning the sa

1.5.2009 t

n respect o

he Connec

PTC had b

oth the uni

t of 1st Unit

C, we decide

understand

r UI despite

2011 to file

ect of both

r to submit

ns of LPL

on and the

CTU for gra

er and cu

s of the va

as to:

ed as the LT

aid generat

till 22.2.201

of Unit 2 of

of 47

ctivity

been

its to

was

ed to

d the

e the

e its

units

t the

L for

final

ant of

rrent

rious

TOA

ing

10 in

f the

Order in P

20. C

21.11.20

above:

(a

th

T

n

fo

2

re

p

sy

in

co

sw

of

Petition Nos. 2

(ii

CTU and

011. CTU

a) As re

hat Centra

Transmissio

ot have se

or LTOA fo

0.3.2007 w

espectively

rocedure.

ynchronize

nterconnect

onnected t

witchyard a

f interim a

289 and 290

generatin

under the

i) Whether

prior to 1

implied co

connectiv

grid and i

PTC

has made

egards the a

l Electricity

on) Regulat

parate prov

or 1st Unit a

which were

in consulta

As regards

d on 1.5.2

tion matter

through the

as part of L

arrangemen

of 2010

ng station d

e UI; and

the conten

.1.2010 " d

onnectivity

vity), LANC

inject infirm

have file

e the follow

applications

y Regulato

tions, 2004

visions for

and 2nd Un

e granted

ation with C

s connectiv

2009 and

was delibe

e LILO of

LTOA and 2

nt of interc

during whic

ntion of WR

during that p

also (as th

CO Unit 1 w

m power", is

ed their

wing subm

s of LPL fo

ory Commi

4 (hereinaft

connectivit

it of LPL v

vide letter

CEA and W

vity, it has

2nd was

erated betw

400 kV K

2nd unit thro

connection.

ch LPL inje

RLDC in its

period (pre-

here were n

was allowed

correct?

replies

issions in

or connectiv

ission (Op

ter “Open

ty and LTO

vide its lette

rs dated 8

R constitue

s been su

synchroniz

ween CTU

Korba-SIPA

ough bus ex

Subsequ

ected powe

reply dated

- 1st Janua

no separate

d to get co

vide aff

response

vity, it has

en Access

Access Re

OA. PTC Ind

ers dated 2

8.11.2006

ents and aft

bmitted tha

zed on 20

and LPL a

AT S/c at L

xtension of

uent to the

er into the

d 25.2.2011

ry 2010), L

e regulation

onnected to

fidavits d

to our que

been subm

s in inter-S

egulations”)

dia had ap

22.12.2005

and 16.6.2

ter following

at 1st unit

0.2.2010.

nd 1st Unit

LPL genera

f 1st Unit as

e notificatio

of 47

grid

that

LTOA

ns for

o the

dated

eries

mitted

State

) did

plied

and

2008

g the

was

The

was

ation

s part

on of

Order in P

C

fo

C

24

u

(b

h

g

a

a

st

G

sa

to

of

C

ch

co

re

tr

o

a

O

Petition Nos. 2

Connectivity

ormat CON

CTU after p

4.11.2010.

nder proce

b) As re

as been su

rant long te

pplication f

scertain w

trengthenin

Grid Code.

ame was c

o execute a

f Open Ac

CTU and c

harges. LT

onditions s

equired for

ransmission

ptimal tran

nd finalized

On the basi

289 and 290

y Regulation

-4 for signi

processing

Signing

ss.

egards the

ubmitted tha

erm Open A

for LTOA fr

whether LT

ng in accord

Where LT

communicat

a Bulk Pow

cess Regu

concerned

TOA came

pecified in t

r grant of

n elements

nsmission s

d with CEA

is of the di

of 2010

n, LPL has

ing of the c

the details

of the con

procedure

at under Op

Access for

rom an app

TOA can

dance with

TOA could

ted to the a

wer Transm

ulations for

STU/SEB/T

into force

the LTOA i

LTOA, the

. Based o

system stre

A and the co

iscussions

submitted

connection

s has issu

nnection ag

followed fo

pen Access

inter-State

plicant, CTU

be grante

transmiss

be granted

applicant af

ission Agre

sharing of

Transmissi

after signin

ntimation le

e CTU ca

on the syst

engthening

onstituents

during the

the requisit

agreement

ed format

greement b

or grant of

s Regulation

e transmiss

U used to c

ed without

ion plannin

d without s

fter which t

eement (BP

f applicable

on license

ng of the B

etter. Whe

rried out t

tem studies

g requireme

in the LTO

LTOA me

te details fo

t by letter d

CON-V vi

between LP

connectivit

ns, CTU wa

sion system

carry out sy

t any add

ng criteria s

system stre

the applican

PTA) as pe

e transmiss

ee including

BPTA and f

re system s

the studies

s, CTU ev

ent which

OA meeting

eeting, CTU

or connectio

dated 2.6.2

de letter d

PL and CT

ty and LTO

as authorize

m. On rece

ystem studie

ditional sys

stipulated in

engthening

nt was requ

r Regulatio

sion charge

g inter-reg

fulfilment o

strengtheni

s for addit

olved the

was discu

called by C

U used to i

of 47

on in

2010.

dated

TU is

OA, it

ed to

eiving

es to

stem

n the

, the

uired

on 11

es of

ional

of the

ng is

ional

most

ssed

CTU.

ssue

Order in P

in

a

p

th

re

st

g

h

fr

G

co

P

C

in

a

co

ca

E

R

fo

in

d

co

Petition Nos. 2

ntimation le

cceptable t

aying the t

he dedicate

egion and

tation for w

enerator/th

e wanted t

rom concer

Grid Code, t

Unde

onnectivity

Procedure p

Commission

ncluding a c

nd a bulk c

onnectivity.

arries out

Electricity A

Regulations

or the appli

n the Conne

iscussion

onnectivity

289 and 290

etter for a

to the appli

transmissio

ed transmis

applicable

which LTOA

e LTOA cu

to connect

ned RLDC

the generat

er the Con

and long t

prepared b

n which ha

captive gen

consumer h

. On rece

necessary

Authority

, 2007. Ba

cant which

ectivity/MTO

held in th

provided

of 2010

allowing LT

icant. The

on charges

ssion system

inter-region

A was gran

ustomer wo

as per the

to connect

tors were a

nnectivity R

term acces

by the CT

as come in

nerating pla

having load

eiving the

y inter-con

(Technical

sed on the

is discuss

OA/LTA me

he said m

all terms

TOA provid

reafter the

s of CTU/S

ms and tra

nal charge

nted, was r

ould approa

e LTOA int

t to the sys

llowed to b

Regulations

s for inter-S

U in this

to force fr

ant with inst

d of 100 MW

completed

nnection st

Standard

studies, CT

sed and fina

eeting calle

eetings, C

and cond

ded all ter

applicant u

STU/other t

nsmission

s. When t

ready for te

ach the tra

timation. A

stem and fu

e connecte

s, the CTU

State trans

regard has

om 1.1.201

talled capac

W and abov

d applicatio

tudies as

ds for Co

TU evolves

alized with

d by the CT

CTU issues

ditions are

rms and c

used to sig

transmissio

charges of

the unit of

esting/synch

nsmission

After obtain

ulfilling all c

ed to the gri

U was all

smission sy

s been ap

10. A gen

city of 250

ve are eligi

ons for con

specified

onnectivity

s connectivi

CEA and t

TU and on

s intimatio

e fulfilled.

conditions w

n the BPTA

n licensee

f the conce

the genera

hronization

licensee w

ning permis

onditions o

id.

owed to g

ystem. Det

pproved by

nerating sta

MW and a

ible to appl

nnectivity,

in the Ce

to the G

ity arrangem

the constitu

the basis o

n for gran

Thereafter

of 47

were

A for

s for

erned

ating

, the

where

ssion

of the

grant

ailed

y the

ation

bove

ly for

CTU

entral

Grid)

ment

uents

of the

nt of

r the

Order in P

a

C

o

p

p

g

tr

fo

p

a

C

a

th

sy

c

is

fu

T

C

a

in

Petition Nos. 2

pplicant ha

CTU and a f

ut. Therea

rior to phys

rovided to c

CTU

enerating s

raders or d

or 12 to 25

rescribed f

pplicable a

CTU carries

ccordance

he LTA app

ystem stren

onsequentl

ssues intim

ufilled by t

Transmissio

CTU/STU/S

nd for sha

ncluding ap

289 and 290

as to furnish

further intim

after, conne

sical inter-c

concerned

has furth

stations inc

istribution l

5 years. A

format in ac

application

s out system

with the tra

plication. B

ngthening r

ly in LTA m

mation of lo

the applica

on Service

EB/other tr

ring of the

pplicable int

of 2010

h certain ad

mation is giv

ection agree

connection

RLDC/SLD

er submitt

cluding a c

licensees a

After recei

ccordance w

fee and ba

m studies to

ansmission

Based on t

requiremen

meeting ca

ong term a

ant. Base

Agreeme

ransmission

applicable

er-regional

dditional in

ven with de

ement is sig

. A copy o

DC.

ted that u

captive gen

are eligible

pt of the c

with the ap

ank guaran

o ascertain

planning c

the system

t which is d

lled by CT

access pro

ed on the

ent for pa

n licensees

transmissi

transmissi

formation w

etails of the

gned betwe

of the said

nder the C

nerating pla

to apply fo

complete a

pproved pro

tee, CTU p

n the transm

criteria to ef

m studies, C

discussed a

U. Based

ovided all t

intimation,

ying the

s for dedic

ion charges

on charges

which is pr

e connection

een CTU an

connectio

Connectivit

ant, consum

or LTA whic

application

ocedure acc

processes

mission sys

ffect power

CTU evolve

and finalized

on the dis

terms and

the appli

transmissio

ated transm

s of the co

s as per the

ocessed by

ns to be ca

nd the appl

n agreeme

ty Regulat

mers, elect

ch is applic

for LTA in

companied

the applica

stem require

r transfer as

es most op

d with CEA

scussions,

conditions

cant signs

on charge

mission sys

oncerned re

e regulation

of 47

y the

arried

icant

ent is

ions,

tricity

cable

n the

with

ation.

ed in

s per

timal

A and

CTU

s are

s the

s of

stem

egion

ns.

Order in P

(c

b

R

tr

th

fo

cu

(d

u

th

p

1

th

re

sc

(e

ef

se

21. P

affidavit

station L

Petition Nos. 2

c) With

e treated a

Regulations

ransfer his

he Commis

or power tr

ustomer.

d) In res

nits during

hat LTOA w

roject and

.5.2009 till

herefore, L

egards 2nd

chemes are

e) CTU

ffective da

eparate pro

PTC in its

. Briefly, PT

LTOA was

289 and 290

regard to t

as LTOA fo

and Con

rights and

sion. Acco

ansfer on L

sponse to t

which it ha

was granted

availability

22.2.2010

TOA for tr

Unit, since

e not availa

has agreed

ate of com

ovision for c

reply has s

TC has sub

granted by

of 2010

he views of

r LPL, it ha

nectivity R

obligations

ordingly, LT

LTA to its

the query w

ad injected

d to PTC fro

y of the tra

in respect

ransfer of

e dedicated

able, LTOA

d with the c

mmencemen

connectivity

submitted

bmitted that

CTU to PT

f CTU as to

as been sub

Regulations

specified i

TOA granted

beneficiarie

whether LP

power into

om the date

nsmission

t of 1st Unit

power to M

d transmiss

for 2nd Unit

contention

nt of Conn

y and long t

the status

for sale of

TC on 8.11

o whether L

bmitted tha

s, a long

n the BPTA

d by CTU to

es implies t

PL had valid

o the grid un

e of commi

strengthen

t, LTOA co

MPSEB fo

sion system

t is not valid

of WRLDC

nectivity Re

term acces

of the LTO

power from

.2006 and f

LTOA gran

at as per th

term custo

A without p

o PTC for 1

that PTC is

d LTOA in

nder UI, CT

issioning of

ning. For t

onditions we

r 1st Unit

m and othe

d.

C that prior

egulations,

s.

OA in para

m 1st Unit of

for 2nd Uni

ted to PTC

e Open Ac

omer shall

prior approv

1st and 2nd U

s the long

respect of

TU has cla

f the genera

the period

ere fulfilled

was valid.

er strengthe

to 1.1.2010

there was

as 5 & 9 o

f the genera

it on 30.7.2

of 47

C can

ccess

not

val of

Units

term

both

rified

ation

from

and

As

ening

0 i.e.

s no

of its

ating

2007.

Order in P

BPTA w

in respe

obtained

has furt

generati

operatio

operatio

that the

accorda

through

being pa

22. D

submitte

with the

generati

was app

being ev

that it h

connect

Petition Nos. 2

was signed b

ect of 2nd Un

d by PTC in

her submit

ing station

onal w.e.f. f

onal after co

e transmiss

nce with th

PTC after

aid separate

During the

ed that the

e affidavit

ing station,

proved subj

vacuated u

has filed th

ion, he refe

289 and 290

by PTC wit

nit of the ge

n accordan

tted that Lo

n prior to

from date

ompletion o

sion charge

he BPTA.

commercia

ely in accor

hearing of

reply filed

earlier file

there was

ject to cert

under short

e status of

erred to Par

of 2010

h CTU on 5

enerating s

nce with Re

ong Term A

synchroniz

of synchro

of the syste

es for use

Since, sal

al operation

rdance with

f the Petit

by CTU in

d by LPL.

LTOA in p

tain conditio

t term open

f LTOAs in

ras 5 to 9 o

5.3.2007 in

station. The

egulation 11

Access has

zation. LT

nization an

em specifie

e of the sy

le of powe

of 1st Unit,

h the 2008 O

ion on 28

its affidavi

He clarifi

place and a

ons, which

n access. T

n respect o

of its affidav

respect of

erefore, Lon

1 of Open A

s been gra

TOA for 1

nd LTOA fo

ed in the B

ystem of

r is being

short term

Open Acce

.11.2011, t

it dated 21

ied that as

as regards 2

are yet to

The Ld. Co

of both unit

vit dated 21

1st Unit an

ng Term Ac

Access Reg

anted for bo

1st unit ha

or 2nd Unit

PTA. PTC

1st Unit is

done on s

m open acce

ess Regulat

the Ld. Co

.11.2011 is

s regards

2nd Unit, lo

be fulfilled

ounsel for

ts of the L

.11.2011.

nd on 29.7.2

ccess has b

gulations.

oth units o

as been m

would bec

C has confir

being pa

hort term b

ess charges

tions.

ounsel for

s broadly in

1st unit of

ng term ac

d. Power is

PTC subm

LPL and in

of 47

2009

been

PTC

f the

made

come

rmed

id in

basis

s are

LPL

n line

f the

ccess

now

mitted

that

Order in P

23. W

during th

(a)

g

(b

fo

(c

g

(d

g

(e

d

(f

C

L

24. T

above q

Petition Nos. 2

We sought

he hearing:

) Why

enerating s

b) Whet

orce of Con

c) Whet

ranted?

d) What

eneration s

e) Whet

o not have

f) Is the

Can it be sa

TOA?

The represe

ueries:-

(a) The a

22.12.2005

were no se

Connectivit

289 and 290

clarification

the connec

station?

ther connec

nnectivity Re

ther any ge

t is the de

station of LA

ther there a

connectivit

e LTOA of

aid that the

entative of

application

5 in accorda

eparate pro

ty Regulatio

of 2010

n on the fo

ctivity has

ctivity was

egulations?

enerator can

eemed date

ANCO?

are generato

ty to the gri

LANCO sti

e units of th

CTU subm

for LTOA

ance with t

ovisions for

ons provide

ollowing iss

not been g

given to an

?

n get conne

e of conne

ors who are

d?

ill valid afte

he generat

mitted the fo

A in respec

he Open A

LTOA and

ed for conn

sues from t

granted in r

nyone sepa

ected to the

ectivity in

e similarly p

er terminati

ting stations

ollowing by

ct of 1st Un

Access Regu

connectivit

ectivity and

the represe

respect of t

arately prior

e grid, if co

case of th

placed as L

on of the P

s of LANC

way of cla

nit was ma

ulations. At

ty and w.e.

d LTOA sep

entative of

the units o

r to coming

nnectivity is

he units of

LANCO i.e.

PPA with P

O have go

arification to

ade by LP

t that time t

.f. 1.1.2010

parately.

of 47

CTU

of the

g into

s not

f the

they

PTC?

ot the

o the

L on

there

0, the

Order in P

25. T

of conne

Petition Nos. 2

(b) Conn

(c) LTOA

were cons

came with

approved

24.11.2010

(d) Form

as Novem

synchroniz

date of con

(e) All ge

generating

agreement

generator.

(f) In so

the said LT

of the Com

for transfer

LTOA.

The represe

ectivity and

289 and 290

nectivity was

As were be

sidered as

the Conne

during Ap

0.

al connecti

mber, 2010,

zation of the

nnectivity.

enerators h

station of

t is pendin

far as CT

TOA canno

mmission. In

r of LTOA t

entative of W

d those ge

of 2010

s not given

ing granted

connectivit

ctivity Regu

pril 2010.

ivity in resp

, when the

e 1st Unit fr

have signe

f LPL, CO

ng on acc

U is conce

ot be transfe

n any case

to LANCO.

WRLDC su

enerators w

separately

d subject to

ty. Howeve

ulations. Th

After that

pect of the

e CON-V

rom 1.5.200

ed the Con

N-V has b

count of ce

erned, the L

erred from

, no such r

Therefore

bmitted tha

who had LT

y to any gen

o certain co

er, the iss

he formal c

t CON-V

generating

was issue

09 will be c

nnection Ag

been issue

ertain infor

LTOA has

PTC to LA

request has

, LANCO c

at prior to 20

TOA were

nerator prio

nditions. Th

ue of form

connection

was issue

station wil

d. Howeve

considered

greement.

ed and form

rmation so

been grant

ANCO witho

s been rece

cannot be s

010, there w

granted co

or to 1.1.201

hese condi

mal connec

agreement

ed to LPL

l be consid

er, the dat

as the dee

In case of

mal conne

ought from

ted to PTC

out the app

eived from

said to have

was no con

onnectivity.

of 47

10.

tions

ctivity

was

L on

dered

te of

emed

f the

ction

the

C and

roval

PTC

e the

ncept

She

Order in P

further c

to the g

how and

represen

accorda

Member

26. S

concern

stations

the conn

ANALYS

27. O

parties,

Commis

and WR

(1)

(2)

(3)

(4)

Jurisdic

28. T

23.3.201

trading c

Petition Nos. 2

clarified tha

rid, WRLDC

d under wh

ntative of W

nce with th

r.

Shri S K S

ed with the

who have

nectivity ag

SIS OF TH

On perusal

we are o

ssion before

RLDC as fra

Jurisdicti

Connecti

Open Ac

Injection

ction of the

The learned

10 that the

company is

289 and 290

t in respect

C is now in

hat terms a

WRLDC cl

he control a

Sonee, CE

e safety an

got deeme

reement by

E CASE

of the docu

of the view

e proceedin

amed in our

ion;

ivity;

ccess;

of power a

e Commiss

d senior c

generating

s not amen

of 2010

t of those g

nsisting for

and conditi

arified that

area jurisdi

EO POSOC

nd security

ed connecti

y a cut off d

uments on

w that the

ng to the q

r orders dat

as Unsched

sion

counsel for

g station be

nable to the

generating s

connectivit

ons, LPL w

t LANCO

ction , WR

CO submit

of the pla

vity prior to

date.

record and

e following

uestion of s

ted 22.11.2

uled Interc

r LPL had

eing a merc

e jurisdictio

stations wh

ty. With ref

was admitte

is connec

RLDC has a

tted that c

ant. He sub

o 1.1.2010

after heari

issues ne

sustainabili

010:

hange

d submitted

chant plant

on of the C

ho were alre

ference to o

ed as an U

cted with th

admitted LA

connectivity

bmitted tha

should be

ing the sub

eed consid

ity of charg

d during t

and havin

Central Com

eady conne

our query a

UI Member

he CTU an

ANCO as a

y agreemen

t all genera

directed to

bmissions o

deration of

ges against

he hearing

g a PPA w

mmission o

of 47

ected

as to

r, the

nd in

an UI

nt is

ating

sign

of the

f the

LPL

g on

with a

r the

Order in P

State Co

this obje

"3. statjuristarifpreof vRegandRegMWbulkgenaccgenproCodgenComconComthe for bec

Connec

29. C

follows:-

Petition Nos. 2

ommissions

ection in ou

The letion being a sdiction of thff. We have

esent proceedviolation of thgulations appd medium tergulation 2(1)(

W and above, k consumer inerating plantcess or mediunerating statioovisions of Code and UI renerating statiommission hantravention ommission hasprovisions ofLPL that the

cause its tariff

ctivity

Clauses (6)

-

“(6) any popen (7) been includput inafter owhichinfirm basedby theComminjecteshall a

289 and 290

s in the ma

r order date

earned senior merchant plae Central Coconsidered t

ding has beenhe provisions

ply to every gem open acce(b) has been including cap

in respect of t, a consumerum term openon and in the onnectivity Reegulations whons irrespectivs been vestef the provisis initiated thef Connectivity

e generating f is not being d

and (7) of

The grantpower with access or s

A generagranted co

ding full loadto commercobtaining pe

h shall keeppower from

d on non-coe Commissmission (Tered into the also be cha

of 2010

atter of dete

ed 9.11.20

counsel for Lant and havinmmission or

this objection n initiated unds of the Connenerating statess to Inter-St

defined to mptive generatif grant of conr, an electricitn access, as absence any

egulations arehich deal withve of whethered with the ions of the present procy Regulationsstation is notdetermined b

Regulation

t of connecthe grid un

short term op

ating stationonnectivity td testing by cial operatioermission op grid securm a generaonventional sion, will berms and Cogrid from orged at UI r

ermination o

011 which i

LPL had submg a PPA withthe State Coregarding o

der section 14nectivity Reguion in the mattate Transmis

mean" (i) a geting plant of ennectivity andty trader or a the case ma

ything to the e applicable th injection ofr their tariff ispower under Act or regu

ceedings agas. We reject t amenable ty the Commis

n 8 of the C

ctivity shall nnless it obtpen access

n, includingto the grid injecting its

on, even beof the concerity in view ating stationenergy sou

e governed onditions ofther genera

rates.”

of tariff. We

s extracted

mitted during h a trading coommissions inur jurisdiction

42 of the Eleculations., It istter of grant ossion Systemenerating statexportable capd (ii) a genera

distribution liay be”. Since contrary in thto the LPL. Mf power into determined b

r section 142lations madeinst LPL to lothe contentioo the jurisdicssion."

Connectivity

not entitle atains long-t

s.

g captive gshall be all

s infirm poweefore availinerned Regio

while grann or a uniturces, the ta

by the Cef Tariff) Regating station

e have alre

d as under:

the hearing tompany is non the matter on. We are of ctricity Act, 20s clarified thaof connectivity. In fact, the tion of installepacity of 250 ating station icensee, in rethe merchan

he ConnectivitMoreover, the

the ISTS areby the Comm

2 of the Act e thereunderook into the aon of the learnction of the C

y Regulatio

an applicanterm acces

generating plowed to uner into the gg any type

onal Load Dnting such pt thereof, oariff of whic

entral Electrgulations, 2ns as a resu

eady consid

that the geneot amenable tof determinatf the view tha003 for the chat the Conney, long term aterm “applica

ed capacity oMW and aboincluding a c

espect of longnt power planty Regulationprovisions o

e applicable mission or not.

to take actio. Accordinglylleged violationed senior coCommission s

ons provide

nt to interchs, medium-

plant whichndertake tegrid before bof open acc

Despatch Cepermission. other than tch is determricity Regul

2009. The pult of this te

of 47

dered

erating to the tion of at the

harges ectivity ccess

ant” in of 250 ove or capital g term nt is a s, the f Grid to all

. The on for y, the ons of ounsel simply

es as

ange -term

h has esting being cess, entre,

This those mined latory

power esting

Order in P

30. A

the prim

open ac

access,

the RLD

granted

tariff is

Electricit

Howeve

by other

like LAN

testing f

power g

maintain

31. A

power in

Clauses

connect

station o

exportab

connect

of conne

from the

Petition Nos. 2

A reading of

me requirem

ccess unde

a generato

DC during

connectivit

being dete

ty Regulato

er, Regulatio

r generating

NCO is per

for which it

generated b

n grid freque

As already

nto the grid

s (1) to (5) o

ivity. An ap

of installed c

ble capacity

ivity”. Regu

ectivity, any

e inter-Stat

289 and 290

f the above

ment for inje

er the Conn

or is allowe

the period

ty. The pow

ermined by

ory Commis

on 8(7) of

g stations s

rmitted to in

shall be pa

by such ge

ency.

noted, con

d under an

of the Conn

pplicant ha

capacity of

y of 250 M

ulation 2(1)(

y consumer

te Transmis

of 2010

clauses w

ecting powe

nectivity Re

d to inject

of testing

wer injected

y the Comm

ssion (Term

Connectivit

hall be cha

nject powe

aid at UI ra

enerating st

nnectivity is

ny form of

nectivity Re

as been de

250 MW an

MW and ab

(c) provides

r who intend

ssion Syste

ould make

er under lon

egulations.

infirm powe

including

d as infirm p

mission sh

ms and Co

ty Regulatio

arged at UI

r into the g

ates. This h

tations duri

s a prime r

access or

egulations p

efined in R

nd above, i

bove or a b

s that ‘Bulk

ds to avail s

em. Hence

it clear tha

ng term, me

Even in th

er into the g

full load te

power by a

all be gov

nditions of

ons provide

rates. Ther

grid during

has been p

ng testing

requirement

r as infirm

provide for

egulation 2

ncluding a

bulk consum

consumer’

supply of a

e, both LPL

at connectiv

edium term

e absence

grid with th

esting only

a generating

verned as p

Tariff) Reg

es that the

refore, a ge

testing inc

provided to

is available

t for a gen

power dur

the proced

2(b)(i)(a) as

captive gen

mer in resp

means in r

minimum l

L and PTC

vity to the g

and short

of any for

e permissio

y if it has b

g station w

per the Ce

gulations, 2

power inje

enerating st

cluding full

ensure tha

e to the gr

nerator to i

ring the tes

dure for gra

s “a genera

nerating pla

pect of gra

respect of g

load of 100

C are within

of 47

rid is

term

rm of

on of

been

hose

entral

2009.

ected

ation

load

at the

rid to

nject

sting.

ant of

ating

ant of

nt of

grant

MW

n the

Order in P

scope o

exceed t

32. It

power in

till 9.4.20

effect f

Regulati

grid. It is

station p

Since th

required

to 1.1.20

has clar

certain c

operatio

the date

connect

shall be

principle

19.1.201

About th

explaine

“ fo

Petition Nos. 2

of the term

the thresho

t is an adm

nto the grid

010. The 2

from 22.2.

ions, both

s the case

prior to 1.1

here was n

d to obtain c

010, LTOA

rified that

conditions a

onalised sub

e of sync

ivity. 1st Un

e deemed

e, 2nd Unit

10 shall be

he general

ed the follow

When the uor testing /

289 and 290

m “applicant

olds specifie

mitted fact t

under the U

2nd Unit of t

2010. Sin

the units a

of LPL that

.2010 i.e.

no requirem

connectivity

included c

under 200

and these c

bject to fulfi

hronization

nit of the g

to have b

of the gen

deemed to

principle fo

wing in its a

unit of the gsynchroniz

of 2010

t” because

ed above.

that 1st Uni

UI with the

the generat

ce connec

are required

t LTOAs ha

the date w

ment of sep

y separately

connectivity

4 Open A

conditions w

illment of th

of a uni

generating

been grante

nerating sta

o have been

ollowed for g

affidavit date

generating zation, the

the install

it of the ge

permission

ting station

ctivity is

d to have c

ave been gr

when Conne

parate conn

y. WRLDC

y. CTU in its

ccess Reg

were consi

hese condit

it would b

station whi

ed connec

ation which

n granted c

grant of co

ed 21.11.20

station for generator/t

led capacit

enerating st

n of WRLDC

has injecte

a requirem

connectivity

ranted to b

ectivity Reg

nectivity pri

in its subm

s reply and

gulations, L

dered as c

tions. CTU

be conside

ich was sy

ctivity from

h was sync

connectivity

nnectivity p

011:

which LTOthe LTOA c

ty and the

tation of LP

C with effec

ed power in

ment unde

y prior to in

oth units of

gulations c

or to 1.1.2

ission has s

d in respon

LTOAs wer

connectivity

has further

red as de

ynchronized

that date.

chronized w

y with effect

prior to 1.1.

OA was grancustomer w

minimum

PL has inje

ct from 1.5.2

nto the grid

er Connec

njection into

f the gener

ame into fo

010, it was

stated that

se to our q

re granted

as LTOA w

r confirmed

eemed dat

d from 1.5.2

. By the s

with effect

t from that d

2010, CTU

nted, was rewould appro

of 47

load

ected

2009

with

ctivity

o the

ating

orce.

s not

prior

query

with

were

d that

te of

2009

same

from

date.

U has

eady oach

Order in P

thAfuco

Go

of grant

obtained

units are

connect

load test

33. T

Agreeme

April, 20

generato

concern

date by

sign the

direct th

formats

that effe

effect fr

control a

non-com

Petition Nos. 2

he transmisAfter obtainiulfilling all onnected to

ing by the p

t of connec

d by PTC fo

e deemed

ivity separa

ting.

The represe

ent as per

010 and CT

ors. Shri S

ed with sa

which all g

e Connectiv

e CTU to e

prescribed

ect is filed w

rom 1.4.20

area jurisd

mpliance sh

289 and 290

ssion licensing permissconditions

o the Grid C

practice fol

ctivity prior

or injection

to have b

ately before

entative of

r the requir

TU has take

K Sonee,

fety and se

generators

vity Agreem

ensure that

in the Det

with the Co

12, they s

iction have

all be broug

of 2010

see where sion from c

s of the GCode.”

lowed by th

to 1.1.201

of power fr

been grante

e injecting

CTU subm

rement of

en steps to

CEO, POS

ecurity of t

including th

ments. We f

all generato

tailed Proce

ommission

hould satis

e signed th

ght to the n

he was to concerned Grid Code

he CTU in r

0, we are

rom both th

ed connect

power into

mitted durin

the Conne

o get the Co

SOCO has

he grid, the

hose who h

find merit in

ors sign the

edure by 3

by 15.4.20

sfy themse

he connecti

notice of the

connect asRLDC to cthe gener

respect of a

of the view

e units of th

tivity and a

the grid d

ng the hea

ctivity Reg

onnectivity

s submitted

e Commiss

have got de

n the subm

e Connectiv

1.3.2012 a

12. All RLD

elves that a

vity agreem

e Commissi

s per the LTconnect to trator was

all generato

w that sinc

he generati

are not req

during testin

aring that th

ulations wa

Agreemen

that since

sion may s

eemed con

mission of S

vity Agreem

nd a comp

DCs are dir

all generato

ment and a

on.

TOA intimathe systemallowed to

ors in the m

ce LTOAs w

ing stations

quired to o

ng including

he Connec

as approve

ts signed b

e connectiv

specify a cu

nectivity sh

Shri Sonee

ments as pe

pliance repo

rected that

ors within

any instanc

of 47

ation. and o be

matter

were

s, the

btain

g full

ctivity

ed in

by all

ity is

ut off

hould

. We

er the

ort to

with

their

ce of

Order in P

Open A

34. T

“5sytooptegeUthgean

35. It

power in

LPL has

generati

“Lonprojegran2006MarTermReg2004

As regar

“Longstatiomeededicertasaid may SubsbetwRegu

Petition Nos. 2

Access

The charge

5. In the preynchronizedo the respoperation. Th

erm access,enerating s

Unscheduledhe grid on enerating stnd (7) of Re

t would em

nto the grid

s submitted

ng station.

ng Term Oect was appnted by the 6 and subsrch 2007 bem Open Acgulatory Co4.”

rds 2nd Un

g Term Opeon was appting of Wecated transmain other sys

meeting thabe effected

sequently, aween PTC aulatory Com

289 and 290

against LPL

esent case, d and achievndent, the

he generating medium te

station evend Interchang

continuous tation withougulation 8 o

merge from

d on contin

the followi

Open Accesplied for byPower Gri

sequently aetween PTCcess was o

ommission

it of the gen

en Access folied for by Pstern Regio

mission line, stems under at till the cod on short a Bulk Poweand PGCIL mission (Op

of 2010

L in the sho

we notice thved full load generating g station do

erm access n after syne. Thereforeand regula

ut seeking of Connectivi

the above

uous and r

ng with reg

ss for injecy PTC Indiaid Corporata Bulk PowC and PGCobtained in (Open Acc

nerating sta

or injection oPTC which won constitueestablishmeWR system

ommissioninterm basis er Transmis

in accordapen Access i

ow cause no

hat both uniafter testingstation hases not appeor short ter

nchronizatione, injection ar basis aftopen accessity Regulatio

e that LPL

regular bas

gard to the

ction of powa Limited (“Ption of India

wer TransmCIL (BPTA).

accordancecess in int

ation, LPL h

of power frowas approveents held oent of 765/40

m strengtheng of the tradepending

ssion Agreemance with Rn inter-State

otice is as u

its of the geg. However,

s not been ear to have arm open accn is being of power byer synchrons is in clear ons as quote

has been

sis without

open acces

wer from 1“PTC”). Lona Limited (“

mission Agre Therefore,e with Clauter-State Tr

has submitte

m 2nd Unit oed by PGCILn 30.7.200700 kV WR Ping scheme.

ansmission supon transm

ment (BPTARegulation 1e Transmissi

under:

enerating sta for the reasdeclared un

applied for acess as the

injected iny the generanization of r violation ofed in para 3 a

charged w

any form o

ss regardin

st Unit of 3ng Term Op“PGCIL”) oneement wa, it may be

use 11 of CeTransmission

ed as unde

of 300 MW oL vide the m7, subject tooling Statio. It was furthschemes, thmission capA) was signe

1 of the Con) Regulat

ations have sons best knnder comme

and obtainede power fromnto the griating stationthe units of the Clauseabove.”

with injectio

of open acc

g 1st Unit o

300 MW open Accessn 8th Novems signed oseen that L

entral Electn) Regulat

er:

of the generminutes of thto completioon near Sipaher decided ie power tra

pacity availaed on 27.7.

Central Elecions, 2004.”

of 47

been nown ercial

d long m the d as n into of the es (6)

on of

cess.

of the

f the s was mber

on 5th Long tricity tions,

rating he 9th on of at and in the

ansfer ability. .2009 tricity

Order in P

LPL h

the gen

obtained

36. P

generati

operatio

operatio

submitte

for trans

clarified

term cus

the app

confirme

term cus

has bee

signed t

charges

PTC and

the gen

transmis

Regulati

right by

Regulati

emerges

Petition Nos. 2

has submitt

nerating sta

d from WRL

PTC has su

ing station

onal w.e.f. f

onal after co

ed that LTO

sfer of pow

that as pe

stomer can

proval of t

ed that LPL

stomer. We

en granted

the BPTAs

. Though t

d MPPTCL

erating sta

ssion charg

ion 18 of th

y a long te

ions which

s that LPL d

289 and 290

ted that lon

ations prio

LDC before

bmitted tha

n prior to

from date

ompletion o

OA granted

wer implies

er Open A

nnot transfe

he Comm

L does not

e have gon

LTOAs fo

s with CTU

he PPA be

L have been

ation, we f

ges. PTC ha

he Connect

erm custom

provides f

does not ha

of 2010

g term ope

r to synch

injecting po

at LTOAs h

synchroniz

of synchro

of the syste

to PTC for

that PTC

Access Reg

er its rights

ission. Du

have the L

ne through

r both unit

to pay the

etween LPL

n terminate

ind that PT

as not take

ivity Regula

mer. Howev

for cancella

ave LTOAs

en access h

hronization

ower into th

ave been o

zation. LT

nization an

em specifie

r the 1st and

is the long

gulations an

s and obliga

ring the h

LTOAs and

the docum

s of the ge

e transmiss

L and PTC

ed in respec

TC continu

en any actio

ations prov

ver, there

ation of the

in respect

has been gr

and spec

he grid.

obtained by

TOA for 1

nd LTOA fo

ed in the BP

d 2nd Units

g term cust

nd Connec

ations spec

hearing, the

d PTC has

ments on re

enerating s

sion charge

and conse

ct of supply

ues to hold

on to transf

vides for rel

is no prov

e LTOA. Fr

of the units

ranted for b

ific permis

y PTC for b

1st unit ha

or 2nd Unit

PTA. CTU

of the gen

tomer. It ha

ctivity Regu

cified in the

e represen

the LTOA

ecord. We n

station and

es includin

equently the

y of power

d the LTOA

fer or relinq

inquishmen

vision in th

rom the ab

s of the gen

both the un

sion has b

both units o

as been m

would bec

in its reply

erating sta

as been fu

ulations, a

e BPTA wit

ntative of

being the

notice that

PTC has

g inter-reg

e PSA betw

from 1st Un

A and pay

quish the LT

nt of the ac

he Connec

ove analys

nerating sta

of 47

its of

been

of the

made

come

y has

tions

rther

long

thout

CTU

long

PTC

also

ional

ween

nit of

y the

TOA.

ccess

ctivity

sis, it

ation.

Order in P

37. O

station,

operatio

both the

commer

existenc

relevanc

Injectio 38. T

injecting

after syn

LTOAs c

station.

period. A

whose ta

commer

power s

can inje

matter, b

by Regu

39. 1

1.5.2009

Petition Nos. 2

On perusal

we find th

on of the un

e units were

rcial operati

ce of LTOA

ce before th

n of Power

The charge

g power into

nchronizatio

can be ope

LPL has n

As per Reg

ariff is bein

rcial operat

shall be cha

ect power d

both units o

ulation 8(6)

st Unit of

9, i.e. prior

289 and 290

of the LTO

hat long te

nits and co

e injecting

ion, the lon

As for eva

he commerc

r as Unsch

against LP

o the grid d

on without

erationalised

not sought

gulation 8(7

g determine

tion for the

arged at UI

during testin

of the gene

of the Conn

the gener

r to the Co

of 2010

OAs and BP

erm open a

nstructions

power into

ng term ope

acuation o

cial operatio

heduled Int

PL is that b

during a pa

seeking an

d after com

any mediu

7) of Conne

ed by the C

e purpose

rate. Ther

ng including

rating statio

nectivity Re

ating statio

onnectivity

PTAs in res

access wou

of the ass

the grid af

en access c

f power fr

on of the un

terchange

both units

articular per

ny form of a

mmercial op

um term or

ectivity Reg

Commission

of testing

efore, a ge

g full load

on have be

egulations.

on has be

Regulation

spect of bo

uld be ope

sociated tra

fter synchro

cannot be o

rom the ge

nits of the g

of the gen

riod on con

access. As

peration of t

r short term

ulations, ge

n can inject

including f

enerator wh

testing as

en injecting

een injectin

n came int

oth units of

erational af

ansmission

onization w

operationali

enerating s

generating s

erating sta

ntinuous an

we have a

the units of

m open acc

enerators o

t power into

full load te

ho is conne

UI power.

g power as

ng power u

o force. Th

f the gener

fter comme

systems. S

without decla

ised. There

station has

station.

ation have b

nd regular b

already not

f the gener

cess during

other than t

o the grid be

sting and

ected to the

In view of

UI as perm

under UI s

he Connec

of 47

ating

ercial

Since

aring

efore,

s no

been

basis

ticed,

ating

g the

hose

efore

such

e grid

f that

mitted

since

ctivity

Order in P

Regulati

stations

that in n

Connect

was exp

Howeve

commer

Regulato

2008, th

power u

Connect

the units

to help

case, th

Regulati

period p

40. A

has bee

WRLDC

continuo

Electricit

has to b

transmis

LANCO,

Petition Nos. 2

ion makes a

s as a resul

none of the

tivity Regul

pressly allo

er, there wa

rcial operat

ory Comm

he Commis

nder UI. Th

tivity Regul

s of the gen

the grid, p

he show ca

ion 8 of C

prior to 1.1.2

As regards t

en injected

C show that

ous basis. W

ty Regulato

be curtailed

ssion acces

, whenever

289 and 290

a provision

lt of this tes

e regulation

ation, a ge

owed to inje

as no bar f

tion. In fac

ission (Ter

sion had o

he said obs

ations. Prio

nerating sta

articularly i

ause notice

onnectivity

2010.

the injectio

on regular

t except in

WRLDC ha

ory Commis

first in cas

ss granted t

r instances

of 2010

that “The p

sting shall a

ns of the Co

enerator wh

ect its pow

for these g

t, in the S

rms and C

observed th

servation wa

or to 1.1.20

ation has al

in the shor

e has been

Regulation

n of power

r and cont

few instan

as submitte

ssion (India

se of any th

to any entit

of heavy lo

power inject

also be cha

ommission

hose tariff is

wer under U

generators t

tatement o

Conditions o

hat the priv

as specified

10, the sys

lowed injec

rtage situat

n issued fo

ns and the

after 1.1.2

inuous bas

nces, powe

ed that as

an Electrici

hreat to an

ty. WRLDC

ading on 40

ted into the

arged at UI

prior to the

s not deter

UI before t

to inject po

of Reasons

of Tariff) (A

ate genera

d in the form

stem operat

ction of pow

tion prevail

or violation

erefore the

2010, it is to

sis. The da

er has bee

per Regula

ty Grid Co

y system s

C has furthe

00 kV Bhila

grid from ot

rates.” Tho

e coming in

mined by t

the comme

ower during

s to the Ce

Amendmen

ators can in

m of Regula

tor after syn

wer in the U

ing in the

of clauses

charge ca

o be consid

ata submitte

n injected

ation 6.4.12

de) Regula

security, irre

er submitted

ai-Seoni and

ther genera

ough, tt is a

nto force o

he Commis

ercial opera

g testing be

entral Elect

nt) Regulat

nject their in

ation 8(7) o

nchronizatio

UI mode in o

country. In

s (6) and (7

annot cover

dered wheth

ed by LPL

on regular

2 of the Ce

ations, 2010

espective o

d that in cas

d 400 kV B

of 47

ating

a fact

of the

ssion

ation.

efore

tricity

tions,

nfirm

of the

on of

order

n any

7) of

r the

her it

and

r and

entral

0, UI

of the

se of

hilai-

Order in P

Karadi w

the prolo

planned

in the lu

affected

1.5.2009

unit was

line and

the com

to vario

mention

generati

to the d

terminat

41. In

generato

Stateme

Intercha

Commis

Petition Nos. 2

were observ

onged injec

for synchro

ubrication s

the testing

9, the turbin

s affected b

non-comm

mercial ope

us reasons

ed at para

ng stations

delay in d

tion of PPA

n the preva

ors under

ent of Reas

ange Charg

ssion has ob

“78. …uninteand oCommBenefthe scconneinject

289 and 290

ved, WRLD

ction under

onization in

ystem of th

g and stabili

ne bearing

badly. Apart

missioning o

eration of 1

s the unit

a 7(c) of th

s had certai

declaration

being sub-

iling power

UI helps i

sons to the

ges and rel

bserved as

………… Coended deviaover injectionmission has ficiaries or Bcheduled rouectivity that

into the g

of 2010

DC took act

UI, LPL ha

n January 2

he turbine a

ization proc

temperatur

t from this,

of the privat

st Unit. As r

cannot run

his order.

in teething

of the co

-judice befo

r shortage s

n maintain

e Central E

lated matte

under:

ommission isations and nns. However

preferred toBuyers and Gute. The Commere conne

grid without

tion to curta

as submitte

009, it got d

and conseq

cess. Even

re being hig

overloading

te railways

regards the

n at full lo

We are of

problems w

mmercial o

ore the Hon

situation in

ing its safe

lectricity Re

ers) (First A

s clear in itsnot for intentr, under defico reduce finGenerator ommission haectivity with

seeking op

ail the UI in

d that thou

delayed due

quent dama

after synch

gh, the test

g of 400 kV

siding till J

e 2nd Unit, L

oad. A sum

f the view

which has c

operation a

'ble Suprem

the country

ety and se

egulatory C

Amendmen

s mind that tional deviacit conditionnancial incer Sellers to

as also provithe grid sha

pen access

njection of L

gh the 1st U

e to problem

age to the

hronization

ing and sta

V Korba-Sip

January 201

LPL has sub

mmary of th

that both t

contributed

apart from

me Court.

y, injection

ecurity of t

Commission

nt) Regulat

UI mechantions involvi

n as prevailinntive in ordgo for sale o

vided in the rall not entitl

except du

LPL. As reg

Unit was ini

ms experie

bearings w

with effect

abilization o

pat transmis

10 also affe

bmitted that

he problem

the units of

to some ex

the matte

of power by

the grid. In

n (Unsched

ions, 2010

ism is meaning under dng in the couder to induceof power thrregulation onle a generatring testing

of 47

gards

itially

nced

which

from

of the

ssion

ected

t due

ms is

f the

xtent

er of

y the

n the

duled

, the

nt for drawls untry, e the rough n grid tor to

g and

Order in P

H

condition

42. Th

should b

operatio

which in

no built-

into the

merchan

a requir

amendm

for a tim

load tes

linking i

amendm

continuo

run the g

Petition Nos. 2

commconsuRLDCis in pgenerMoreosystem

Hence, it c

ns it would

he next que

be allowed

on. There is

njection of in

-in disincen

grid as UI a

nt power pl

rement for

ment to clau

me limit upto

ting and al

t to the co

ment is issu

ous basis, w

generating

289 and 290

missioning ofultation with C is in this republic interesration underover, such m and there

could be s

be in the b

estion that

d to inject

s no provisi

nfirm powe

ntive which

and to iden

ants getting

clarity on t

use (7) of R

o which pow

so to provi

ost of fuel

ued, the ge

without see

station for

of 2010

f the Stationrespective R

egard is in linst. In any car deficit coinjection wifore, it is in t

seen from

benefit of th

arises for o

power into

on in the C

r by the gen

would prev

ntify buyers

g connecte

the issue. A

Regulation 8

wer can be

de for a pr

used for g

enerators ca

eking open

fuel cost on

n prior to CORLDCs. It isne with the iase, the inteonditions esithout openthe interest o

the abov

e grid to re

our conside

o the grid

Connectivity

nerator as

vent the ge

for sale of

d to the gri

Accordingly

8 of Connec

injected int

ice cap on

generation.

annot injec

access, as

nly.

OD. Howeves the duty of intended objent of UI regspecially wh access haof the gener

e that und

ceive inject

eration is a

as UI with

y Regulation

UI can be a

nerator to s

such infirm

id are likely

y, the Com

ctivity Regu

to the grid d

UI rate on

. We are o

ct power int

it would be

er, such injecf RLDCs thajective of the

gulation is nohen it is has no right rator to seek

der the pr

tion under U

s to how lo

out declari

ns about th

allowed. Se

stop injectin

m power. As

y to grow in

mmission ha

ulations in o

during testi

sale of su

of the view

to the grid

e economic

ction would at any decisie regulationsot to frustrathelping the

of transmisk open acces

revailing d

UI.

ong a gene

ing comme

he period du

econdly, the

ng infirm po

s the numb

n future, the

as propose

order to pro

ng includin

ch infirm po

w that after

on regular

cally unviab

of 47

be in ion of s and te the

grid. ission ss.”

eficit

erator

ercial

uring

ere is

ower

ber of

ere is

d an

ovide

g full

ower

r the

r and

ble to

Order in P

43. T

provision

specifies

obtains

grant of

commer

conclusi

PTC wa

the conn

the unit

Regulati

clause (

into the

availing

teething

reasona

power u

WRLDC

the grid

length o

prolonge

reasona

clauses

Petition Nos. 2

To recapitula

ns of claus

s that conn

any form o

connectivi

rcial operat

ion that pri

as granted

nectivity is

s of the g

ion 8 of Co

7), both the

grid as UI

open acce

problems,

able period

under UI, L

C in ramping

. On accou

of time for w

ed for which

able doubt t

(6) and/or

289 and 290

ate our disc

es (6) and

nectivity do

of access.

ty, during t

tion withou

ior to 1.1.2

LTOAs for

deemed to

enerating s

onnectivity

e generatin

for testing

ess. We h

both units

and had to

LPL has he

g up or bac

unt of lack

which injec

h the gener

to LPL on

r (7) of Re

of 2010

cussion abo

(7) of Regu

oes not ent

Clause (7)

testing inclu

ut obtaining

2010, LTOA

supply of p

o have bee

station. Th

Regulation

g units afte

and full lo

have come

s of LPL co

o inject pow

elped the g

cking down

k of clarity

ctions can

rator canno

this accou

gulation 8

ove, LPL w

ulation 8 of

itle a gene

) pertains t

uding full lo

g any acce

A condition

power from

en granted

herefore, th

ns by LPL.

er having co

ad testing

to the co

ould not de

wer as UI fo

grid and ha

the genera

in the Con

be made u

ot be blame

nt. Accordi

of Connec

was charged

Connectivi

erator to int

to injection

oad testing

ess. We ha

s were tak

m both units

from the d

here is no

As regard

onnectivity a

before com

nclusion th

eclare comm

or a conside

as complied

ating station

nnectivity R

under UI, th

ed unilatera

ingly, the c

ctivity Regu

d with contr

ity Regulati

terchange

of power,

as UI prio

ave alread

ken as con

s of LPL pr

ates of syn

violation o

ds the alleg

are entitled

mmercial op

hat on acc

mercial ope

erable peri

d with all th

n as per the

Regulations

he injection

lly. We gra

charge of c

ulations is

ravention o

ons. Claus

power unle

conseque

or to the da

dy come to

nectivity. S

rior to 1.1.2

nchronizatio

of clause (6

ged violatio

d to inject po

peration wit

count of ce

eration with

od. By inje

he direction

e requireme

s regarding

n of power

nt the bene

contraventio

not establis

of 47

of the

e (6)

ess it

nt to

ate of

o the

Since

2010,

on of

6) of

on of

ower

thout

ertain

hin a

cting

ns of

ent of

g the

was

efit of

on of

shed

Order in P

against

against

44. W

Connect

availing

the units

entitled

without o

WRLDC

account

saddled

that the

carries w

WRLDC

permittin

that effe

142 of t

be estab

would h

by them

Petition Nos. 2

LPL. Cons

LPL.

WRLDC wa

tivity Regul

any form o

s of the gen

to inject po

obtaining a

C for allowin

of its dee

with the re

e injection

with it the

C, it is con

ng prolonge

ect in the C

he Act aga

blished, it w

ave brough

in impleme

289 and 290

sequently,

as charged

lations for n

of access.

nerating sta

ower into th

any form of

ng LPL to in

emed conn

esponsibility

of power i

power to w

ncluded tha

ed injection

onnectivity

ainst WRLD

would have

ht to the no

enting the r

of 2010

we discha

d with con

not prevent

As already

ation from t

e grid durin

access. Th

nject power

nectivity. H

y to allow i

is for testin

withdraw th

at they we

n under UI

Regulation

DC, as delib

been a we

otice of the

regulations.

arge the no

ntravention

ting LPL fro

y stated, LP

he date of

ng testing in

herefore, no

r into the gr

However, W

njection of

ng purpose

he permissi

ere working

and more s

ns. While w

berate infra

elcome ste

e Commissi

.

otice unde

of clause

om injectin

PL had dee

synchroniz

ncluding fu

o charge co

rid as UI to

WRLDC as

power und

es only. Po

ion. From t

g in the in

so in view

we discharg

action on th

p if WRLDC

on the diffi

er section 1

e (7) of R

g the powe

emed conne

zation and t

ll load testi

ould be esta

which LPL

s the syste

der UI after

ower to gr

the submis

nterest of

of absence

e the notice

he part of W

C as well a

iculties bein

142 of the

Regulation

er as UI wit

ectivity for

herefore, it

ng as UI po

ablished ag

was eligibl

em operato

satisfying

rant permis

ssions mad

the Grid w

e of provisio

e under se

WRLDC ca

as other RL

ng encount

of 47

e Act

8 of

thout

both

t was

ower

ainst

le on

or is

itself

ssion

e by

while

on to

ction

annot

LDCs

tered

Order in P

I.A No.8

45. T

Power T

Petition

LPL and

dated 30

a back t

it to MPP

MPPTC

before th

appeal f

dismisse

upheld b

the said

remedie

subsequ

of the c

terminat

as infirm

indulged

and adju

MPPTC

Regulati

Petition Nos. 2

8 of 2011 fi

The Interloc

Trading Cor

No.289/20

d WRLDC

0.5.2005 w

o back PPA

PTCL. LPL

L on 28.3.2

he MP Hig

filed by LPL

ed the writ

by the Sup

d order has

es. Accordi

uently, PTC

contact to s

tion of PPA

m power to

d in gaming

usted in the

L has also

ions, UI Re

289 and 290

led by MP

cutory Appl

rporation L

010(Suo Mo

respectively

with PTC Ltd

A dated 11.

terminated

2008. MPP

h Court wh

L the MP H

t petition fi

reme Cour

s clarified

ingly, MPP

C has invok

start the po

A by LPL, th

o earn UI

g activity an

e account

submitted

egulations a

of 2010

PTCL

ication No.

imited (MP

otu) and Pe

y. MPPTCL

d for purcha

.5.2005 wit

d the PPA o

PTCL challe

herein, an in

High Court

iled by MP

rt by order

that MPPT

PTCL has

ked arbitrat

ower flow.

he power e

charges. M

nd the entire

of the bene

that WRLD

and IEGC a

.8 of 2011

PPTCL) for

etition No.2

L has subm

ase of 300

h LPL for p

on 14.3.200

enged the u

nterim stay

by order da

PPTCL. Th

dated 8.4.2

TCL would

invoked a

tion clause

MPPTCL

armarked f

MPPTCL h

e amount p

eficiary whi

DC and LP

and as a re

has been

impleadme

290/2010(S

mitted that

MW power

purchase of

08 which w

unilateral te

y was grant

ated 29.6.2

e order of

2010. The H

be free to

arbitration c

under PPA

has alleged

for MPPTC

has further

aid to LPL

ich has bee

L have coll

esult, MPPT

filed by M

ent as an in

Suo Motu) i

it had ente

r from LPL.

f 300 MW p

as brought

ermination

ted on 31.3

2009 vacate

the MP H

Hon’ble Su

o avail all

clause aga

A for specif

d that afte

CL was injec

r submitted

should be r

en deprived

lectively vio

TCL has be

adhya Prad

ntervener in

nitiated ag

ered into a

. PTC exec

power for se

to the notic

of PPA by

3.2008. In a

ed the stay

High Court

upreme Cou

other avai

ainst PTC

fic performa

r the purpo

cted by LAN

d that LPL

reduced to

d of the po

olated the T

een deprive

of 47

desh

n the

ainst

PSA

cuted

elling

ce of

LPL

a writ

y and

was

urt in

lable

and

ance

orted

NCO

has

zero

ower.

Tariff

ed of

Order in P

its legitim

charges

46. In

WRLDC

their rep

not set o

proceed

initiated

the Con

Conditio

submitte

presenc

can be p

implead

manner

has sub

power s

WRLDC

domain.

WRLDC

has bee

approac

interven

Petition Nos. 2

mate powe

.

n our orde

C on the qu

plies in resp

out a single

dings. The i

by the Co

nectivity R

ons of Tari

ed that it is

ce is neces

passed with

ment of MP

be in the i

bmitted that

station was

C, actual ge

If MPPTCL

C with any re

en further

ched the Co

er in the p

289 and 290

er under the

er dated 17

uestion of m

ponse to th

e averment

mpleadmen

ommission.

egulations,

ff Regulati

s well settle

sary for the

hout affecti

PPTCL in th

nterest of e

t MPPTCL

s operating

eneration an

L had any g

egulation, i

submitted

ommission

proceeding

of 2010

e contract

7.3.2011, w

maintainabi

e notice. L

t to show a

nt applicatio

The allega

whereas M

ons, UI Re

ed that a p

e adjudicat

ng the righ

he present

effective ad

had full kn

g as all in

nd the UI a

grievance w

t could hav

that MPPT

on the iss

is not nece

and LPL h

we had di

lity of the I

PL in its re

as to how it

on has no n

ation in the

MPPTCL ha

egulations

party is a n

tion of disp

hts of the sa

proceeding

djudication

nowledge o

nformation

mount rece

with regard

ve approach

TCL had n

ue. Therefo

essary for

has been u

rected issu

A. Both LP

eply has su

t is a nece

nexus with

suo motu

as alleged

and the IE

ecessary p

ute in the

aid party. L

gs is not nec

of the pres

of the back

relating to

eived by LP

to the inco

hed the Com

neither inte

ore, implea

the proper

njustly enri

ue of notic

PL and WR

bmitted tha

ssary party

the suo mo

petition is

the violatio

EGC. It ha

party in a p

proceeding

LPL has sub

cessary an

sent procee

kground un

the sched

PL were ava

onsistency o

mmission w

eracted wit

adment of M

r adjudicatio

iched by th

ce to LPL

RLDC have

at MPPTCL

y to the pre

otu proceed

the violatio

on of terms

as been fu

proceeding

gs and no o

bmitted tha

d will not in

edings. WR

nder which

dule issued

ailable in p

of the action

with a petitio

th WRLDC

MPPTCL a

on of the c

of 47

he UI

and

filed

L has

esent

dings

on of

s and

rther

if its

order

at the

n any

RLDC

LPL

d by

public

ns of

on. It

C nor

as an

case.

Order in P

During t

submitte

necessa

47. We

implead

matter o

subsequ

Both LP

not a ne

in Rame

Ors.{ (19

in a proc

“ThWhevinecsomonhe thecomconcomlegleadiffon

Howeve

in the af

Petition Nos. 2

the hearing

ed that MPP

ary party an

e have con

ment made

on the grou

uent to the

PL and WR

ecessary pa

esh Hirach

992)2SCC5

ceedings as

he person that makes idence to gcessary witme questioly reason wshould be

erefore, mumpletely senstruction mmercial in

gally interesad to a resuficult to sayly object is

er, it is not a

foresaid sho

289 and 290

g of the IA

PTCL has n

nd therefore

nsidered the

e in the IA

nd that sin

terminatio

LDC have

arty for prop

and Kunda

524} has la

s under:

to be joinea person

give on somtness. It is

ons involvedwhich makee bound byust be a qettled unlesof the rule

nterest. It issted in the ault which wiy that the rto prosecu

as if the Inte

ow cause n

of 2010

A, Shri Sha

no locus st

e, the IA for

e submissi

A. We find

ce MPPTC

n of PPA b

opposed th

per adjudica

anmal Vs.

aid down the

ed must be a necess

me of the qnot merely d and has

es it necessy the resultquestion inss he is ae between s, thereforeaction in thill affect himrule contemte his own

ervener's p

notices rega

anti Bhush

tandi for im

r impleadme

on of the p

that MPPT

CL was dep

by LANCO,

he implead

ation of the

Municipal C

e law on th

one whosary party

questions inthat he hasthought of ary to maket of the acn the actioa party. Th

the directe, necessarhe answer, m legally thamplates joincause of ac

resence is

arding the C

an, learned

pleadment

ent be rejec

parties with

TCL has so

prived of its

, it is vitally

ment on th

e matter. Th

Corporation

he question

e presenceis not mernvolved; thas an interesrelevant are a person

ction and thon which ce line hast interest ory that the pi.e. he can at is by cur

ning as a dction.”{emp

necessary

Connectivit

d senior c

in the matt

cted.

h regard to

ought imple

legitimate

y interested

he ground t

he Hon’ble

n of Greate

of implead

e is necessrely that hat would onst in the corguments toa party to a

he questioncannot be s been drawor the legperson mussay that th

rtailing his ldefendant aphasis supp

for dealing

ty Regulatio

ounsel for

ter as it is n

o the praye

eadment in

share of po

d in the ma

hat MPPTC

Supreme C

er Bombay

dment of pa

sary as a pe has relenly make hrrect solutioo advance.an action isn to be seteffectually wn on a wal interest st be direct

he litigation legal rightsa person wplied}

with the is

on. It is not

of 47

LPL

not a

er for

n the

ower

atter.

CL is

Court

and

arties

party. evant him a on of The

s that ttled, and

wider and

tly or may . It is hose

sues

as if

Order in P

the issu

unless th

48. T

present

Connect

in the m

Interven

notices.

terminat

are com

through

our view

party to

49. P

2011 sta

I the issue

Petition Nos. 2

es in the s

he Interven

The questio

proceeding

tivity Regul

matter to w

ner is not d

The charg

tion of PSA

mmercial ma

the comm

w, MPPTCL

the procee

Petition Nos

and dispose

sd/- (V S Verm Membe

respectfullyes in my or

289 and 290

aid show c

ner is a part

on is also a

gs where L

lations? Th

which the s

irectly or le

ge on LPL

A of MPPTC

atters and t

ercial and

L does not

edings and a

s. 289 of 20

ed of in term

ma) er

Per Sh

y disagree rder separa

of 2010

cause notic

ty.

as to what

LPL and W

he test is w

suo motu

egally inter

and WRLD

CL with PTC

the disputes

dispute res

t have locu

accordingly

010 (suo-m

ms of the a

hri M. Deen

with the finately.

es cannot

locus stan

RLDC were

hether the

petition re

ested in th

DC is not a

C or PPA of

s with rega

solution me

us standi a

y, the IA is d

motu) and 29

bove.

na Dayalan

dings arrive

be effectua

ndi would t

e charged

Intervener

lates. We

e issues u

at all conne

f PTC with

ard to such

echanisms

nd conseq

dismissed.

90 of 2010

(D

, Member

ed at in this

(

ally and com

he Interven

for non-com

has sufficie

are of the

nderlying t

ected with

LPL. Term

termination

given in th

uently is n

(suo-motu)

sd/- Dr Pramod

Chairpers

s order. I sh

sd/-M Deena D Mem

mpletely se

ner have in

mpliance o

ency of inte

e view that

he show ca

the questio

ination of P

n can be se

he PPA/PSA

ot a neces

) and IA No

Deo) son

hall dwell up

- Dayalan) mber

of 47

ettled

n the

of the

erest

t the

ause

on of

PPAs

ettled

A. In

ssary

o.8 of

pon

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