PUNJAB STATE ELECTRICITY REGULATORY COMMISSION
SCO 220-221 SECTOR-34-A CHANDIGARH
Petition No. 19 of 2003
Date of hearing: 24.3.2009
Date of Order: 27.05.2009
In the matter of : Petition filed by PSEB praying that the Board may be allowed to recover the amounts withheld by various consumers on account of various interim orders passed in the appeal filed by various organizations against the Tariff Order dated 6.9.2002 passed by the Commission for the FY 2002-03.
AND
In the matter of: Punjab State Electricity Board
Present: Shri Jai Singh Gill, Chairman
Smt. Baljit Bains, Member
Shri Satpal Singh Pall, Member
For petitioner: Shri N.K.Saggar, Chief Engineer/ARR & TR
Shri J.P.Singh, Dy.C.E./TR-II
For Mandi Gobindgarh Shri Amar Singh, Consultant
Induction Furnace
Association
For Punjab Alkalies Shri A.Puri GM (P&M)
and Chemicals Ltd. Shri Arvinder Goyal Manager
For Siel Chemical Shri Y.P.Mehra
Complex Shri H.S.Sandhu
For M/s Shanker Ms.Anamika Mehra, Advocate
Printing Mills
ORDER
This order will dispose of Petition Nos.19 of 2003, 1 of 2004 & 2 of 2004. These petitions were filed in view of the observations of the Hon’ble High Court of Punjab & Haryana in its judgement dated 21.11.2003 in appeals filed by various organizations against the Tariff Order passed by the Commission for the year 2002-03. In this order the Hon’ ble High Court had observed as under:-
It may be observed that some of the appellants/consumers have paid the amount accordingly and some perhaps on account of the interim order of this Court have not deposited. Those who have deposited shall be entitled to appropriation of the amount upon fresh determination of the tariff accordingly and those who have not paid shall deposit the said amount as per the directions of the commission when the matter is taken up by the commission accordingly on the date fixed.”
PSEB filed Petition No.19 of 2003 before the Commission praying that the Board may be allowed to recover the amount withheld by various consumers on account of various interim orders. Notice in this petition was issued to the respondents. M/s. Siel Limited filed Petition No.1 of 2004 praying that excess payment made by Siel Ltd. to PSEB during the year 2002-03 in pursuance of the order of Hon’ble Commission may be refunded to the petitioner and may not be demanded till fresh determination of tariff by the Commission. M/s. Mandi Gobindgarh Induction Furnace Association filed Petition No.2 of 2004 praying that the Board may be restrained from asking the petitioner to deposit arrears of difference of tariff for one month especially when the increase in tariff has already been quashed by the High Court. These petitions were adjourned sine die in view of the stay order passed by the Hon’ble Supreme Court when SLPs were filed before it by the Board.
After passing of the order dated 18.8.2008 by the Hon’ble Supreme Court, these petitions were taken up for hearing. As notice had been issued only in Petition No.19 of 2003 filed by the Board, the respondents in that petition, M/s. Sham Udyog Limited, M/s Shanker Printing Mills, M/s Punjab Alkalies & Chemicals Limited, AST Paper Mills Limited, M/s Apex Chamber of Commerce & Industry (Punjab) and M/s Mawana Sugars Ltd. filed their submissions in that Petition.. These submissions interalia refer to issues of AP consumption, T&D losses, interest on borrowing, cross subsidy, cost of fuel, rate of return, O&M expenditure, power purchase cost, employees cost and depreciation. As these submissions relate to the examination of the Tariff Order afresh, the same are strictly not relevant for the decision of these petitions. The Hon’ble Supreme Court had separately directed the Commission to examine the Tariff Order of 2002-03 afresh in the light of what had been stated on specific issues in their judgement of 18.8.2008. In compliance of these directions, these issues have been dealt with in the Commission’s order dated 27.5.2009 passed in Petition No.3 of 2002. In view of that order, petitions Nos.1 & 2 of 2004 have become infructuous while the Board is entitled to relief sought in petition No.19 of 2003 and the Commission orders accordingly.
Sd/- Sd/- Sd/-
(Satpal Singh Pall) (Baljit Bains) (Jai Singh Gill)
Member Member Chairman
Place: Chandigarh
Date:.27.05.2009