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Tue. Dec 6th, 2022
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NEW DELHI: In an important judgment on intra-state power-transmission, the Supreme Court on Wednesday ordered all state electricity regulatory commissions (SERCs) to frame within three months the norms for determination of tariff in sync with National Electricity Policy and National Tariff Policy.
The direction was given by a bench of Chief Justice D YChandrachud and Justices AS Bopanna and J B Pardiwala while dismissing an appeal of Tata Power Company Ltd, which had challenged Maharashtra Electricity Regulatory Commission’s March 21, 2021, decision to grant transmission license to Adani Electricity Mumbai Infra Ltd for setting up a 1,000MW high voltage direct current (HVDC) link between 400kV MSETCL Kudus and 220kV Adani Electricity Mumbai Ltd Aarey EHV station.
The bench said, “We direct all sate regulatory commissions to frame regulations under Section 181 of the Electricity Act, 2003, on the terms and conditions for determination of tariff within three months from the date of this judgment. While framing these guidelines on determination of tariff, the commissions shall be guided by the principles prescribed in Section 61 of the Act, including the NEP and NTP. ”
It said if regulations havealready been framed, the commissions would effectuate appropriate amendments “to include provisions on the criteria for choosing the modalities to determine the tariff, in case they have not been already included”. The commissions shall effectuate a balance that would create a sustainable model of regulation in the states, the SC advised.
Asking the commissions to focus on specific needs of concerned states, the bench said the norms and amendments to be framed must aim to encourage increased private investment in the power sector to create a sustainable and effective system of tariff determination that is cost efficient so that such benefits percolate to the end consumers.

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