| Headnote |
Andhra Pradesh Electricity Reforms Act, 1998: ss.11, 26 – Competence of APERC (Commission) to determine Wheeling Charges – s.11 primarily deal with the generation, transmission, and distribution – These three processes suggest that s.11 does include in its ken the power to fix the wheeling charges relating to the generation, transmission, distribution, supply, and utilization of electricity – The distribution is not possible without transmission – The Commission is the regulator for transmission and, therefore, has the power to fix the wheeling charges – Under 1999 Regulations, various agreements have also been amended, and there is plenary power to prescribe the tariff and charges concerning Transmission and Bulk Supply or Distribution and Retail Supply as provided in Regulation 45-A(2) – Under Regulation 45-A(8), upon hearing the licensee and such other parties, the Commission make an order and notify the licensee of its decision on the revenue calculations and tariff proposals, as provided in s.26(5) of the Reforms Act, 1998 – Thus, the Commission can exercise the power of fixation of such charges, which power is legislative – There is no question of attracting the equitable principles of promissory estoppel, as there was no unequivocal promise in this case, and statutory provision can make inroad and supersede the contracts – Electricity (Supply) Act, 1948 – Andhra Pradesh Electricity Regulatory Commission (Business Rules of the Commission), Regulations, 1999.Andhra Pradesh Electricity Reforms Act, 1998: Competence of Commission to determine Grid Support Charges – Commission by order dated 8.2.2002 held that Grid Support Charges would be payable at the rate of 50% of prevailing demand charges on the differential of CPP capacity and CMD – Propriety – Held: Under s.11 read with s.26 of the Reforms Act, 1998, all fixed charges under the distribution and Grid Support Charges are leviable only at the instance of a distribution company, and the Commission has the powers to determine it.Andhra Pradesh Electricity Reforms Act, 1998: Whether Government Orders issued on 18.11.1997 and 22.12.1998, by the Andhra Pradesh Government, extending specific incentives to the producers of electricity from non-conventional energy resources, are binding and Doctrine of Promissory Estoppel against the Government and Commission was bound to give effect to them – Held: Plea of promissory estoppel is not attracted, as there was no unequivocal promise – The Regulatory Commission had power of reviewing the tariff and incentives – There was no unequivocal commitment to the respondent/purchasers/generators/developers to bind the State for all times to come – There was no definite, unambiguous representation, hence plea of estoppel was not attracted. Andhra Pradesh Electricity Reforms Act, 1998: Object of enactment – Discussed. Andhra Pradesh Electricity Reforms Act, 1998: APTRANSCO – Constitution and functions – Discussed. Administrative Law: Judicial review – Tariff determination by APERC (Commission) –Scope of interference – Held: Once the expert body has determined specific tariffs, it is not for the Court to interfere ordinarily in such matters – In the instant case, the determination of tariff by the Commission was proper and did not suffer from any infirmity or illegality – The Commission made an elaborate discussion for arriving at the figure – The recovery network charges, tariff structure, and the question of wheeling charges in cash or kind were also considered – Interference not called for. |
