MPERC Grants Extension To Power Transmission Companies To File MYT Petitions By 30th June 2020

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Madhya Pradesh Electricity Regulatory Commission(MPERC) has issued an order granting time Extension to file petitions for determination of Multi-year Tariff(MYT) by Generating Companies in the State and M.P. Power Transmission Company Ltd Jabalpur by 30th June 2020. Power companies in its recent petition sought time extension up to 30.06.2020 for filing MYT petition for FY 2019- 20 to FY 2023-24.

The Commission has issued and notified Madhya Pradesh Electricity Regulatory Commission (Terms and Conditions for determination of Generation Tariff) Regulations, 2020 on 28th February 2020 and Madhya Pradesh Electricity Regulatory Commission (Terms and Conditions for determination of Transmission Tariff) Regulations, 2020 on 14th February’ 2020.

Concerning timelines for filing of MYT petitions by the generating companies, Regulation 6.2 of the MPERC Generation Tariff Regulations provides is as under: – “In case of an existing generating station or unit thereof, the application for determination of Multiyear Tariff shall be made by the generating company within a period of 60 days from the date of notification of these Regulations or as directed by the Commission whichever is earlier, based on admitted capital cost including additional capital expenditure already admitted in last true-up order of the Commission and estimated additional capital expenditure for the respective years of the tariff period 2019-24 following the MPERC (Terms and Conditions for determination of Generation Tariff) Regulations, 2020.”

The MPERC Transmission Tariff Regulations provides as under: “The Multi-Year Tariff filing in hard and soft copy shall be filed following and in the formats prescribed in MPERC (Details to be furnished and fees payable by the licensee or generating company for determination of Tariff and manner of making an application) Regulations, 2004 (as amended from time to time) within 60 days of notification of these Regulations.” 

 As per the above provisions, the petitions by the Transmission Licensee and Generating Companies for determination of Multi-year tariff for a new control period of FY 2019-20 to FY 2023-24 were required to be filed by 14th April’ 2020 and 28th April’ 2020, respectively. 

M.P. Power Transmission Company Ltd., states that This is to submit that due to unprecedented situation arising out of COVID-19 Pandemic, the Govt. and other offices at Jabalpur were closed w.e.f. 21.03.2020 which subsequently continued up to 29.04.2020 due to the declaration of National Lock Down by the Govt. of India. As per directives issued by the Govt. of MP on 29.04.2020, the offices were directed to be re-opened w.e.f. 30.04.2020 and allowed the functioning of the offices with 30% staff only. This is further submitted that District Jabalpur has been kept under Red Zone, which has constrained in the functioning of the office because of the Nonattendance of staff residing in Containment Zones of the City. The information for framing the MYT Petition is voluminous which is to be obtained from different offices of MPPTCL and MPPMCL which are also not functioning properly to their full capacity. It is further submitted that process of the voluminous information in the formats prescribed for Multi-Year Tariff filing requires sufficient time. As such, at least Two-months time is required for framing the MYT Petition subject to the resumption of the normal functioning of all concerned offices. Given the above, it is prayed that Hon’ble Commission may kindly be pleased to allow the filing of MYT Petition for Transmission Tariff control period FY 2019-20 to FY 2023-24 by the MPPTCL up to 30.06.2020.”

The Commission has observed that on account of the outbreak of COVID-19 and as a measure to contain the spread of this pandemic, the Government of India has taken measures to lock down the country with effect from 25.3.2020. Due to aforesaid reasons, the generating companies in the state and M.P. Power Transmission Companies are unable to file their MYT petitions.

The commission passes an order that “With the above background and keeping in view the difficulties being faced by the Generating Companies and Transmission Licensee in filing tariff petitions during this period, the Commission is of the view that the Generating Companies and Transmission Licensee in the State may be allowed additional time to file the Multi-year tariff petitions for a new control period of FY 2019-20 to FY 2023-24.”

The order further added, accordingly, in the exercise of the provisions under aforesaid Regulations, the provisions under Terms and Conditions for determination of Generation Tariff and Terms and Conditions for determination of Transmission Tariff are hereby relaxed by this order and the Generating Companies which are covered under the scope of Madhya Pradesh Electricity Regulatory Commission and M.P Power Transmission Company Ltd, Jabalpur is permitted to file the Multi-year tariff petitions for the control period FY 2019-20 to FY 2023-24 by 30th June’ 2020.

Recently, Madhya Pradesh Electricity Regulatory Commission(MPERC) has issued an Order stating the Schedule of Hearing of May 2020. The order states that the hearing scheduled during the months of March & April 2020 has been postponed due to lockdown on account of the COVID – 19 outbreak. To take up those cases, the Commission has decided to hold the hearing through Video-conferencing. The hearings shall be held using “Webex ” as a video conference platform.

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