This is an archive article published on November 6, 2015
Disallowances in surcharge: Tribunal slams DERC over counter affidavit
The tribunal has given two weeks to the DERC to file the counter affidavit on the plea of discom’s challenging the disallowances in the power purchase adjustment charges.
The Appellate Tribunal for Electricity has come down heavily on the capital’s power regulator for non-compliance of its direction on filing of a counter affidavit in connection with the plea of discoms challenging disallowances in the surcharge component approved by regulator.
The tribunal has “warned” the Delhi Electricity Regulatory Commission (DERC) and stated that if it does not comply with its directive, it should be “ready to pay heavy cost for non-compliance”.
The tribunal has given two weeks to the DERC to file the counter affidavit on the plea of discom’s challenging the disallowances in the power purchase adjustment charges.
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“We warn the DERC to be careful in future and comply with orders of this tribunal otherwise be ready to pay heavy cost for non-compliance, irrespective of the fact that DERC is a state commission just like the lower court in civil matters,” the tribunal said.
The directions came after the DERC sought two weeks’ time to file the counter affidavit. The tribunal in the last hearing, had extended the deadline for filing the affidavit.
After hearing the submission of the regulator, the tribunal said, “No more time shall be granted to the Commission. In the past also, the DERC was given time to file the counter affidavit and reply but it did not comply with the orders of this tribunal… Rejoinder, if any, be filed within a week thereafter,” the tribunal said. The matter will now be heard on December 2.
In the present appeal, two discoms — BRPL and TPDDL — have moved the tribunal challenging DERC’s June 12 order. The discoms have challenged disallowance of generation of Anta, Auraiya and Dadri gas.
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The discoms have also sought 2 per cent normative rebate in the surcharge, including fixed cost of regulated plants like Rithala plant. The DERC had earlier increased the power purchase cost adjustment charges by up to six per cent to compensate private discoms for variations in market-driven fuel costs.
Kaunain Sheriff M is an award-winning investigative journalist and the National Health Editor at The Indian Express. He is the author of Johnson & Johnson Files: The Indian Secrets of a Global Giant, an investigation into one of the world’s most powerful pharmaceutical companies.
With over a decade of experience, Kaunain brings deep expertise in three areas of investigative journalism: law, health, and data. He currently leads The Indian Express newsroom’s in-depth coverage of health.
His work has earned some of the most prestigious honours in journalism, including the Ramnath Goenka Award for Excellence in Journalism, the Society of Publishers in Asia (SOPA) Award, and the Mumbai Press Club’s Red Ink Award.
Kaunain has also collaborated on major global investigations. He was part of the Implant Files project with the International Consortium of Investigative Journalists (ICIJ), which exposed malpractices in the medical device industry across the world. He also contributed to an international investigation that uncovered how a Chinese big-data firm was monitoring thousands of prominent Indian individuals and institutions in real time.
Over the years, he has reported on several high-profile criminal trials, including the Hashimpura massacre, the 2G spectrum scam, and the coal block allocation case. Within The Indian Express, he has been honoured three times with the Indian Express Excellence Award for his investigations—on the anti-Sikh riots, the Vyapam exam scam, and the abuse of the National Security Act in Uttar Pradesh. ... Read More
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