Petition No. 8 of 2007
Date of hearing: 23.5.2007
Date of Order: 13.7.2007

                    This petition has been filed with the prayer that PSEB may be directed to submit the ARR/Tariff Petition for the year 2007-08 within 7 days and that the Government may be directed to pay cash subsidy as per rules. The petitioner has also submitted a supplementary petition requesting that the Board may be penalized for not submitting the ARR/Tariff Application in time and the Commission may order 10% increase in tariff for all categories of consumers and an adhoc release of cash subsidy of Rs.100 crores by the Government of Punjab to PSEB.

2. The petition was fixed for hearing on May 23, 2007 when the petitioner only made submissions in respect of non-filing of the ARR/Tariff Application by the Board.
3. The question of admitting this petition came up for consideration on May 23, 2007 when the petitioner made submissions in respect of non-filing of the ARR/Tariff Application by PSEB with a prayer that Commission may allow an adhoc tariff increase of 10% w.e.f. May, 2007 for all categories of consumers.
4. The Commission observes that sum and substance of the petition pertains to determination of tariff for the year 2007-08 for which PSEB has not filed the ARR/Tariff Petition. Section 64 of the Electricity Act, 2003 (the Act) deals with the procedure for tariff order. It reads:-

   “(1) An application for determination of tariff under Section 62 shall be made by a generating company or licensee in such manner and accompanied by such fee, as may be determined by regulations”.

5. It is evident that an application for determination of tariff under Section 62 of the Act can only be submitted by a generating company or licensee. Regulation 13.1 of the “PSERC (Terms & Conditions of Determination of Tariff) Regulations” also allows only a generating company or licensee to submit the ARR/Tariff Petition. The present petition has been filed by the petitioner in his individual capacity and is without any authorization from the licensee. The Commission is unable to admit a petition which is not in accordance with the relevant provisions of the Act and Regulations.
6. While dismissing PSEB’s prayer seeking additional time upto May 31, 2007 for filing the ARR/Tariff Petition, the Commission in its order dated April 30, 2007 further decided that it will suo moto take up the question of determination of tariff for the year 2007-08. PSEB was asked to furnish the required data for determination of tariff which was duly submitted subsequently. Public notice regarding proposed tariff for all categories of consumers has been issued as a part of the tariff determination exercise. The Commission notes that most of the issues raised by the petitioner are to be substantively dealt with while determining the tariff for 2007-08 and the petitioner is clearly at liberty to make his submissions in response to the public notice so issued. For the reasons discussed above, the Commission concludes that this petition can not be entertained and is dismissed.