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1. This is an Application seeking stay of operation of the Order dated 17.01.2020 passed by the Punjab State Electricity Regulatory Commission ("Central Commission") whereby the State Commission in Petition NO. 54 of 2017 has determined the completed capital cost of GVK's 540 MW power project located in Punjab as under:

S.No. Claimed by Recomm- Approved GVK ended by by the Ld. Joint PSERC* Auditor 1. Land 123.77 123.77 96.75 2. Preliminary Expenses 0.25 0.25 3. Boiler Turbine Generator 1050.22 1050.17 1050.17 Package including Engineering, Erection, Civil Works, Taxes and 4. Balance of Plant including 927.40 895.06 783.57 Engineering, Erection, Civil Works, Taxes and 5. Duties. Spares for BTG Package. 0.11 0.11 6. Non-EPC. 337.31 285.56 204.60 7. Start-Up Expenses 31.68 15.00 0 7. Power and Water for 32.57 32.57 32.10 Construction. 8. Consultancy and 54.13 11.03 Engineering charges 9. Pre-operative Expenses 186.55 126.56 74.04 10. Insurance 16.56 16.56 16.56 11. Capital Cost excluding 2760.55 - 2269.18 IDC & Financing Charges Page 2 of 98 IA NO. 136 OF 2020 IN APPEAL NO. 41 OF 2020 12. Interest During 1474.84 1455.77 777.50 Construction (IDC) 13. Financing Charges 31.99 31.99 11.69 14. Total Capital Cost 4267.38 4103.83 3058.37

1. The present Execution Petition is filed by Tata Power Delhi Distribution Page 1 of 25 EP No.09 of 2016 in A. No. 171 of 2012 Limited ("TPDDL/Petitioner") for execution of the Judgment dated 10.02.2015 passed by this Tribunal in Appeal No. 171 of 2012. The said Appeal was filed by the Petitioner challenging the tariff order dated 13.07.2012 passed by the Delhi Electricity Regulatory Commission ("Delhi Commission/Respondent") in Petition No. 05 of 2012 whereby, the true up of expenses of the Petitioner for FY 2010-11 and ARR for the Control Period FY 2012-13 to FY 2014-15 were determined. By the said judgment this Tribunal has inter-alia decided as under:-

1. The relevant Tariff Regulations - Central Electricity Regulatory Commission (Terms & Conditions of Tariff) Regulations, 2014 (hereinafter referred to as "Tariff Regulations 2014") - in so far as they govern the obligation of the procurer of electricity to pay to the generating company for the supply received do not define or specify the "due date" for such payment. The Regulations do make provision for incentive for timely payment, the rebate admissible being subject to gradual decrease over the period specified also specifying surcharge leviable for late payment. As is the usual practice in the power industry, the Power Purchase Agreements (PPAs) contain stipulation, inter-alia, for Letter of Credit (LC), the terms and conditions settled by the parties indicating the event on which such LC can be encashed. It is the contention of the Appellant (Distribution Licensee - Procurer) that the period specified in the Regulations for rebate to be availed by payment of the bill for supply of electricity should also be treated as the period within which such payment can be legitimately insisted upon, the end of the said period being "due date" prior to which the LC cannot be invoked. The PPA which was entered upon between the parties herein carries a stipulation that the payment of the periodic bill (raised on Appeal No. 26 of 2018 & IA No. 131 of 2018 Page 2 of 24 month-to-month basis) is to be made by the last bank working day of the month in which it is raised, described as the "due date". It is also the contention of the Appellant that this stipulation (as to due date) runs contrary to the Tariff Regulations providing for the incentive (rebate) for timely payment (within 30 days), and the liability for late payment surcharge (LPSC) and, consequently, the PPA will have to be enforced only after being aligned and brought in line with letter and spirit of the Regulations.

1. The present appeal has been filed by Indian Captive Power Producers Association (ICPPA) (Appellant) against the daily order dated 01.02.2019 ("impugned order") passed by the Gujarat Electricity Regulatory Commission ("Respondent Commission") in Petition No. 1672 of 2017, preferred by the Appellant. Vide the present appeal, the Appellant is seeking necessary directions for expediting the proceedings in Petition No. 1672 of 2017 preferred by the Appellant. Under the aforesaid Petition, the Appellant is seeking amendment of the provisions of the Gujarat Electricity Regulatory Commission (Terms and Conditions of Intra-State Open Access) Regulations, 2011 ("GERC OA Regulations, 2011") as detailed therein. However, even after a lapse of more than 2 years, the Respondent Commission has failed to hear the Petition on merits, thereby leading to a delay in deciding the said case.

1. The present Appeal has been filed by the Swasti Power Limited ("Appellant") under Section 111 of the Electricity Act, 2003 ("Electricity Act"), challenging the legality, validity and propriety of the Uttarakhand Electricity Regulatory Commission's ("State Commission / Respondent No.1") Order dated 21.10.2015 in Petition No. 08 of 2015 ("Impugned Order") whereby the State Commission despite coming to the conclusion that the Respondents are in breach of their obligations towards construction of 220/33KV sub-station at Ghansali or in strengthening/augmentation of the existing 33KV evacuation system had erroneously dismissed the Petition filed by the Appellant while holding that there is no specific condition under the Power Wheeling Agreement dated 30.09.2005 and Power Purchase Agreement dated 03.07.2009 executed between the parties, under which the Appellant could be compensated for the loss of generation due to inactions of the Respondent No. 2 & 3.

1. The dismissal of the claim brought before the Haryana Electricity Regulatory Commission (the Commission) under Section 86(1)(f) of the Electricity Act, 2003 for recovery of Rs. 76,61,606/- on account of "deemed generation" against the Respondent Discom, registered as case No. HERC/PRO-69 of 2017 "for want of prosecution" by order dated 16.01.2019, followed by dismissal of the prayer for Appeal No. 75 of 2020 Page 2 of 6 restoration of the said case by order dated 25.04.2019, has led to the present appeal being instituted before us.

2. We have heard the learned counsel on all sides and have gone through the record. We are of the view that the appeal must be allowed. We set out our reasons hereinafter.

1. The brief facts that led to filing of the present appeal are as under:

3

In terms of guidelines issued by Ministry of Power (MoP) for determination of tariff by bidding process for procurement of power by distribution licensees, on 18.05.2009, Respondent No.3- MSEDCL issued a request for proposal for procurement of 2000 MW (+30%-20%) for a period of 25 years on long term basis. In that process, the following bidders were qualified:

i. Emco Energy Ltd. ( 200 MW @2.879 Rs/kWh) ii. Rattan India Power Ltd. (Amravati) ( 1200 MW @ 3.260 Rs/kWh) iii. Adani Power Maharashtra Ltd (1200 MW @ 3.280 Rs/kWh) iv. Rattan India Power Ltd. (Nashik) (950 MW @ 3.450 Rs/kWh v. Wardha Power Company Ltd. (675 MW @ 3.620 Rs/kWh)

1. These two matters have come up against almost identical backdrop of proceedings recorded by Tamil Nadu Electricity Regulatory Commission (hereinafter referred to variously as "TNERC" or "State Commission" or "Commission"), the Appellant in first captioned appeal being Madurai Power Corporation Private Limited, which was the petitioner in D.R.P. No. 19 of 2012, the second captioned appeal having been instituted by Samalpatti Power Company Private Limited, petitioner in D.R.P. No. 16 of 2012.

2. It appears that the said two petitions had come up for consideration before the State Commission around the same point of time, the hearing having been concluded, the orders having been reserved by similar proceedings recorded on 21.12.2018. Noticeably at that stage, the State Commission was functional in full strength with the Chairman and two Members in position. Before orders could be passed in either of the said matters, one of the members (Mr. G. Rajagopal) Appeal No. 127 of 2019 and Appeal No. 146 of 2019 Page 3 of 8 demitted office in January, 2019. Meanwhile, certain written submissions had been placed on record by the parties which were respondents before the State Commission (respondents in these appeals as well). Along with the said written submissions, certain documents were submitted to which exception was taken by the appellants primarily on the ground that it was new material, taking on board the same amounting to (as per their contention) amendment of the pleadings, it being statedly impermissible at the stage at which it had been tendered for record. Since the Registry of the Commission seems to have returned such material upon objections being taken, the respondents herein were constrained to file applications - i.e. IA No. 1 of 2019 in the first captioned matter and IA No. 2 of 2019 in the other matter.

1. This Appeal is filed by Southern Power Distribution Company of Andhra Pradesh Limited challenging the impugned order dated 03.11.2017 passed by Andhra Pradesh Electricity Regulatory Commission (hereinafter referred to as "APERC/Commission").

2. The brief facts which led to filing of the present Appeal are as under:

(i) 2nd Respondent - M/s SNJ Sugars & Allied Products Pvt. Ltd.

is a sugar plant with co-generation power plant having capacity of 20 MW. It uses bagasse as a fuel for power generation. It approached the Non-conventional Energy Development Corporation of Andhra Pradesh Limited (known as "NEDCAP") for setting up of power plant and accordingly it got the approval on 07.04.2000.

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