Petition of the Electricity Act of the Code of Civil Procedure for the CERC (Conduct of Business) Regulations, 2023 – EQ
Summary:
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## **1. Background**
POWERGRID filed **Review Petition No. 12/RP/2025** under Section 94(1)(f) of the Electricity Act, read with **Order 47 Rule 1 of the CPC** and Regulation 52 of CERC (Conduct of Business) Regulations, 2023.
The petition seeks review of the Commission’s earlier order dated **1 May 2025** in **Petition No. 132/TT/2023** regarding tariff determination and approval of commercial operation dates (COD) for multiple transmission assets.
Respondents include **Ajmer Vidyut Vitran Nigam Ltd (AVVNL)** and **11 other beneficiaries**, though none were present despite notice.
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## **2. Key Reliefs Sought by POWERGRID**
POWERGRID’s counsel sought the following corrections and reliefs:
### **a) Revision of COD for Asset-III**
* Asset: *LILO of both circuits of 400 kV Bawana–Mandola D/c line at Maharani Bagh substation with associated bays*
* **Requested COD:** 31 March 2022
* **Earlier considered COD:** 10 April 2022
* Purpose: Tariff recalculation and financial implications.
### **b) Condonation of Time Overrun – Asset-II**
* **Balance delay:** 51 days
* Relief sought: Acceptance of delay as justified and grant of consequential regulatory relief.
### **c) Condonation of Time Overrun – Asset-III and Asset-IV**
* **Asset-III delay:** 204 days
* **Asset-IV delay:** 214 days
* Relief sought: Acceptance of delays as condonable with corresponding tariff relief.
These requests aim to correct schedule-versus-actual execution timelines and ensure that POWERGRID does not suffer tariff loss for reasons allegedly beyond its control.
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## **3. Proceedings and Directions of the Commission**
Since no respondents appeared, CERC issued the following directions:
### **a) Re-issue notices**
Respondents are to be served notice again regarding the review petition.
### **b) Filing of Replies**
* Respondents must file their **written replies within two weeks** of receiving notice.
* POWERGRID may file **rejoinders within one week** thereafter.
### **c) Next Hearing Date**
The matter has been scheduled for **11 December 2025** for further hearing and consideration.
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## **4. Implications**
* The review petition remains **under process**, with tariff and COD implications pending regulatory evaluation.
* Beneficiary DISCOMs and respondents must now participate, failing which CERC may proceed ex parte.
* The outcome may affect:
* Transmission tariff recovery
* Annual transmission charges (ATC)
* Prudence checks on project delays
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