Petition No.6 of 2008
Date of Order : 05-08-08

      This petition has been filed by M/S Winsome Yarns Limited, Chandigarh for review of order dated January 8, 2008 passed by the Commission in Petition No.30 of 2007 whereby that petition was disposed of in terms of the Commission’s order dated December 13, 2007.
      The facts giving rise to this petition are that the petitioner had filed petition No.30 of 2007 for determination of tariff for sale of electricity from their proposed project (900 KW Barewal Mini Hydel Project on Sidhwan Branch Canal) in accordance with the New & Renewable Sources of Energy Policy-2006 (NRSE Policy-2006) notified by the Government of Punjab (GOP). After admission of petition, PSEB and PEDA filed their replies whereafter an amended petition was filed on December 18, 2007 with the following prayers:-

1. That direction be issued to PSEB to sign the PPA with the petitioner for the project.
2. Petitioner be allowed to wheel the power produced and to bank it for use in the units of the petitioner company located within the State of Punjab at Dera Bassi and Mohali in terms of PSERC notification dated 31st August, 2007 wherein the cost of wheeling in case of power generated from NRSE Projects is permitted @ 2% of the energy injected in the state grid irrespective of the distance.
3. That the petitioner be allowed to wheel and sell power to third party in terms of the NRSE Policy 2006.
4. That the petitioner may also be granted permission to have the option to sell excess power to PSEB as per rates provided in the NRSE Policy 2006 with escalation @ 3% every year upto the year 2011-12 with the base year as 2006-07 and the base rate as Rs.3.49 per unit or as per the enhanced rates with escalation from time to time as may be applicable.

      The petitioner filed miscellaneous application dated December 28, 2007 in which the petitioner referred to the amendment of clause (a) of Regulation 16(1) of the PSERC (Open Access) Regulations 2005 (Open Access Regulations) and stated that in case of wheeling of power generated from NRSE Projects, transmission and wheeling charges shall be levied @ 2% of the energy injected in the State Grid irrespective of the distance. The petitioner further prayed that the petitioner may also not be levied T&D losses and other charges as per Open Access Regulations for wheeling power to their own units at Dera Bassi and Mohali through the PSEB’s transmission system. The Commission had passed order dated December 13, 2007 in the context of directions issued by the GOP under Section 108 of the Electricity Act 2003 for compliance of the NRSE Policy 2006. This order interalia dealt with treatment of T&D losses and other charges under Open Access Regulations in the case of NRSE generators and Petition No. 30 of 2007 of the petitioner was disposed of by the Commission on January 8, 2008 in terms of order dated December 13, 2007.
      This petition now seeks review of order dated January 8, 2008 on the ground that no finding had been given on the issues raised in the miscellaneous application dated December 28, 2007. After the review petition was admitted, PSEB filed a reply stating therein that all the charges as per Open Access Regulations may be allowed to be levied on the petitioner. PEDA on the other hand replied stating that PSEB may charge only wheeling charges @ 2% without levying any other costs. Arguments were heard and the parties reiterated the pleas taken up by them in their pleadings.
      The Commission observes that whereas it may appear that the miscellaneous application filed by the petitioner has not been taken note of as it does not find specific mention in the order of January 8, 2008, the fact is that the issues raised therein already stand considered in the Commission’s order of December 13, 2007. The Commission in the latter order accepted the gamut of incentives made available as per NRSE Policy of 2006 and also gave findings in respect of issues that had a bearing on the operationalisation of NRSE incentives but did not find mention in the 2006 policy. These matters included the requirements of NRSE generators to compensate the licensee for T&D losses and payment of surcharge, operation charges, additional surcharge, UI charges and reactive energy charges as may be applicable. The petitioner in the miscellaneous application is in fact seeking further incentives by claiming that compensation for T&D losses and imposition of open access charges should not be applicable where NRSE units avail of open access for transmission of power to their own units. The package of NRSE incentives has already been accepted in the Commission’s order of December 13, 2007 and there is clearly insufficient justification for considering any further incentive at this stage. The Commission, accordingly, holds that there is no merit in the plea brought out in the miscellaneous application and for that reason finds no justification for review of its order of January 8, 2008. This petition is, accordingly, rejected.

Sd/-	Sd/-	Sd/-
Satpal Singh Pall	Baljit Bains	Jai Singh Gill
Member	Member	Chairman

Chandigarh
Date: 05-08-2008