SCO 220-221 SECTOR-34-A
Date of hearing 3.3.2004
Date of order:7.4.2004
In the matter of : Petition for the grant of permission for transfer of surplus power generated at M/s Narindra paper Products Ltd., Taran Taran Road, Sangrana Sahib, Amritsar.
AND
IN THE MATTER OF:
M/s.
Narindra Paper Products limited,
Present: Sh. R.S.Mann, Chairman.
Sh. L.S.Deol, Member.
For the petitioner: Sh. Narinder Singh, Director.
For the PSEB: Sh. H.C. Sood, CE/ Commercial,
Sh. B.D.Bansal, Director/ Sales,
Sh. V.K.Shanan, Dy. Director/ Sales.
ORDER:
This petition has been filed by
M/s. Narindra Paper Products Limited for the grant of permission to transfer
its surplus power to its Associates. It
is stated in the petition that the petitioner has installed a T.G. Set of 2.5
MW capacity and is generating power as co-generation
from biomass as fuel. It is stated that
the petitioner is utilizing only 1.5 MW for its own consumption and that the petitioner
intends to transfer its surplus power of
1000 KW (1MW) to its associates M/s.Charan Kanwal Card Board & Paper Mills
Private Limited Sangrana Sahib and M/s. Narindra Paper Mills Limited Sangrana
Sahib to the extent of 500 KW each. It
is further stated that permission has already been granted by the PSEB to
install the T.G. Set and that Chief Electrical Inspector,
2. PSEB has filed reply to the petition wherein
it has been stated that no PSEB system is involved in the transfer of power
from M/s. Narindra Paper Products Limited as all the three connections i.e.
M/s. Narindra Paper Products Ltd. and its associates to whom surplus power is
sought to be transferred, are existing within the same premises. It is further stated that though the
transmission system of PSEB for transfer of power to sister concerns is not
involved yet the Regulations framed by the PSEB as Licensee are intact which
enable the licensee not to consent installation of CPP at defaulting
premises. PSEB has prayed that the
transfer of power may be allowed by protecting its interests for which
petitioner may be directed to :
(i)
“Deposit
one time ACD at existing rates on 1 MW power proposed to be transferred to
sister concerns as per provisions made in clause 3.2.11 of Regulation circulated vide C.C. No.26/2002
dated 10.6.2002.
(ii)
The
petitioner whose own connection stands disconnected shall install two part
tariff meter duly tested by PSEB and sealed by Sr. XEN/ Operation to monitor
the quantum of transfer of power to regulate deposit of ACD.
(iii)
Once
the charges regarding theft against sister concerns if finally resolved in
favour of PSEB the permission for transfer of surplus power if granted to the
petitioner may be ordered to be automatically lapsed subject to recovery of
outstanding dues”.
3. The parties have been heard. While
considering the matter, the Commission has made a particular note of the
provisions of Section 9 and Section 86 (1)(e) of the
Electricity Act, 2003. A reading of
Section 9 brings out that it is the clear intention of the Act to freely allow
and promote the construction, maintenance and operation of captive generating
plants and dedicated transmission lines as also the transfer of power from such a plant. Further, one
of the functions assigned to the Commission under Section 86(1) (e) is to
promote cogeneration and generation of electricity from renewable sources of
energy by providing suitable measures for connectivity with the grid and sale
of electricity to any person. Admittedly,
in this case, electricity is being produced through renewable sources of energy
and surplus energy is to be transferred to third party through dedicated
transmission lines.
4. There is no question of deposit of ACD as the
case does not involve any consumption by the petitioner of electricity supplied
by the Board. As such, prayer of the Board at Sr. No.
(i) and (ii) above, which pertain to deposit of ACD
and monitoring quantum of transfer of power to regulate deposit of ACD, are not
allowed. Regarding prayer at Sr. No. (iii) above, the petitioner has stated that in case any amount is
found to be due against him by the appropriate authorities, the petitioner
would deposit the same. He further agrees that in case he fails to deposit such
an amount, the permission which may be granted by the Commission in this
petition, may be cancelled. In view of the fact that transmission system of
PSEB is not involved for the transfer of power to the Associates of the
petitioner and that the power is to be transferred in the same premises,
petition is allowed on the condition that if any amount is found due against
the petitioner by the appropriate authority and the petitioner does not deposit
the same, the permission to transfer power will be withdrawn.
Sd/- Sd/-
(L.S.Deol) (R.S.Mann)
Member Chairman
Place:
Dated: 7.4.2004