Electricity Regulatory Commissions Act, 1998

The Supreme Court examined three sets of appeals filed by Transmission Corporation of Andhra Pradesh Ltd. (APTRANSCO) against orders of the Andhra Pradesh Electricity Regulatory Commission (APERC) fixing wheeling charges, grid support charges, and the continuation of incentives for non‑conventional energy. The Court he…

The appellant, KKK Hydro Power Ltd, entered into a 3 MW power purchase agreement (PPA) with HPSEB in 2000 fixing a tariff of ₹2.50/kWh, later augmenting the project to 4.90 MW and attempting to raise the tariff to ₹2.95/kWh through a supplementary PPA in 2010 without the Himachal Pradesh Electricity Regulatory Commissi…

The case concerned a rice mill that consumed electricity beyond its contracted load, leading the Executive Engineer to issue a provisional assessment under Section 126 of the Electricity Act, 2003. The mill challenged the assessment and the accompanying notice of "unauthorised use" before the High Court, arguing lack o…

The appellant U.P. Power Corporation Ltd. challenged the Central Electricity Regulatory Commission’s (CERC) approval of additional capitalisation of Rs 4.521 crore for a thermal power plant taken over by NTPC Ltd. The CERC had allowed the excess expenditure despite the requirement in Regulation 2.5 of its Tariff Regula…

The Punjab State Electricity Board appealed against the Punjab State Electricity Regulatory Commission’s tariff order, which had been upheld by the Punjab and Haryana High Court on the ground that the Commission failed to consider certain parameters. The industrial consumers (M/s SIEL Ltd. and others) had challenged th…

BSES Ltd., a distribution licensee, and Tata Power Co. Ltd. (TPC), a bulk licensee, disputed the amount BSES should pay for a 275 MVA standby power facility provided by TPC, which itself paid charges to the Maharashtra State Electricity Board (MSEB) for a 550 MVA standby capacity. The State Government had earlier direc…

The Central Power Distribution Co. challenged a suo moto order of the Central Electricity Regulatory Commission (CERC) that imposed Availability Based Tariff (ABT) and Unscheduled Interchange (UI) charges on the Simhadri thermal station of NTPC, alleging lack of jurisdiction and violation of natural justice. The Suprem…

The Himachal Pradesh government entered into an Implementation Agreement with JSW Hydro Energy Ltd (formerly JIL) to supply 12% free power for the first 12 years and 18% thereafter from a 1045 MW hydro project. When the free‑power obligation rose above the 13% cap prescribed in CERC (Terms and Conditions of Tariff) Reg…

The Maharashtra Electricity Regulatory Commission (MERC) issued a notice directing its licensees to withdraw supplementary/amended electricity bills and refund amounts collected from consumers, without conducting an investigation under Section 128 of the Electricity Act, 2003. The Appellate Tribunal set aside MERC's or…

The Paradip Port Authority (formerly Paradip Port Trust) and Paradeep Phosphates Ltd. entered into a 1985 agreement for a captive berth, with tariff rates subject to periodic revision. Dispute arose when the Authority unilaterally increased rates in 1993, leading to arbitration, an appellate authority order, and a High…

The Punjab State Electricity Board and other state electricity boards appealed to the Supreme Court against an interim order of the Delhi High Court that virtually stayed the Central Electricity Regulatory Commission's (CERC) norms for hydro‑generation and inter‑state transmission tariffs. The appeal was filed under Se…

The dispute arose when Reliance Energy (formerly BSES) alleged that Tata Power Company (TPC) was encroaching on its distribution area by supplying electricity directly to retail consumers, contrary to licence terms and government policy. The Maharashtra Electricity Regulatory Commission (MERC) initially held that TPC’s…

The three Delhi distribution companies (BSES Rajdhani Power Ltd., BSES Yamuna Power Ltd., and Tata Power Delhi Distribution Ltd.) challenged the Delhi Electricity Regulatory Commission’s (DERC) tariff orders that created and perpetuated a large regulatory asset to bridge revenue gaps, which had ballooned to over Rs 27,…

The West Bengal State Electricity Board (the Board) had initially consented to the establishment of a new thermal generating station at Budge Budge, but the project cost later escalated. The licensee, Calcutta Electric Supply Corporation Ltd., sought further Board consent for the revised cost, which the Board approved …