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Commercialpedia Indian Railways commercial circulars and policies

CENTRAL ELECTRICITY REGULATORY COMMISSION

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TypeCommercial Circular
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Summary

there shall be no impact on the Petitioner for O&M cost of assets within

Text of the circular

Order in Petition No.11/MP/2023   
 
 
                                Page 1 of 34  
  
 
CENTRAL ELECTRICITY REGULATORY COMMISSION  
NEW DELHI  
  
Petition No. 11/MP/2023 
   
  
Coram:    
  
    
 
                Shri Jishnu Barua, Chairperson  
  
Shri I. S. Jha, Member  
  
Shri A. K. Goyal, Member  
  
  Shri P.K. Singh, Member  
  
    
  
  
 Date of Order: 20th January, 2024  
  
   
In the matter of: 
Petition under Section 79 (1)(b) of the Electricity Act 2003 seeking approval of this 
Hon’ble Commission for entering into an Agreement with the Indian Railways for Gati 
Multi-modal Cargo Terminal under Gati Shakti Multi-Modal Cargo Terminal (GCT) 
Policy 2021. 
 
And in the matter of:   
  
 
Maithon Power Limited (MPL) 
Through its Chief Executive Officer 
Corporate Center, 34 Sant Tukaram Road, 
Carnac Bunder, Mumbai, Maharashtra- 400009 
 ----- Petitioner  
  
  
Vs  
  
1. 
Tata Power Delhi Distribution Limited (TPDDL) 
Through its Authorized Representative 
Hudson Lines, Kingsway Camp, Delhi-110009. 
 
2. 
Damodar Valley Corporation (DVC) 
Through its Authorized Representative

Order in Petition No.11/MP/2023   
 
 
                                Page 2 of 34  
  
 
Having its Head Quarters at DVC Towers, 
VIP Road, Kolkata-700054. 
 
3. 
West Bengal State Electricity Distribution Company Ltd. (WBSEDCL) 
Through its Authorized Representative 
Vidyut Bhawan, Bidhan Hagar, 
Block DJ, Sector-II, Salt Lake City, 
Kolkata-700091. 
 
4. 
Kerala State Electricity Board Limited (KSEBL) 
Through its Authorized Representative 
Vydyuthi Bhavanam, Pattom, 
Thiruvananthapuram, Kerala- 695004. 
 
5. 
Tata Power Trading Company Limited (TPTCL) 
Through its Authorized Representative 
Shatabdi Bhawan, B-12 & 13, 
Sector 4, Noida, UP-201301. 
----- Respondents 
 
ORDER  
  
  
The Petitioner, Maithon Power Limited, has filed the instant petition under 
Section 79(1)(b) of the Electricity Act 2003 seeking approval of the Commission for 
entering into an Agreement with the Indian Railways for Gati Multi-modal Cargo 
Terminal under Gati Shakti Multi-Modal Cargo Terminal (GCT) Policy 2021. 
 
2. 
The Petitioner has made the following prayers in the instant petition:  
“ 
(a) Allow the present Petition. 
(b) Grant approval to the Petitioner for executing the standard Agreement 
with Indian Railways under the GCT Policy, 2021 and transfer the 
railway assets created on the Railway Land; and

Order in Petition No.11/MP/2023   
 
 
                                Page 3 of 34  
  
 
(c) Grant approval to the Petitioner to transfer the railway assets created on 
non-Railway land, if required subsequently under the GCT Policy, 2021. 
(d) Pass such further Order(s) as this Hon’ble Commission may deem fit in 
the facts and circumstances of the case.” 
 
Background:  
3. 
The petitioner, Maithon Power Limited, is a Joint Venture between Tata Power 
Company Limited (Tata Power) with an equity participation of 74% and Damodar 
Valley Corporation (DVC) with an equity participation of 26% of the generating 
station. The Petitioner is a ‘generating company’ as defined under Section 2(28) of 
the Electricity Act, 2003 (hereinafter referred to as ‘the Act, 2003’) and has set up 
Maithon Right Bank Thermal Power Project, having installed capacity of 1050 MW (2 
x 525 MW) at Dhanbad, Jharkhand. The COD of unit I and unit II of the said Station 
are 1.9.2011 and 24.7.2012, respectively.  
4. 
The Petitioner had contracted the entire Installed Capacity of the Project by 
entering into Power Purchase Agreements (PPA) with Respondents No. 1 to 4 i.e. 
Tata Power Delhi Distribution Limited (TPDDL), DVC, West Bengal State Electricity 
Distribution Company Ltd (WBSEDCL) and Kerala State Electricity Board Limited 
(KSEBL) and Power Sale Agreements (PSA) with Respondent No. 5 i.e. Tata Power 
Trading Company Limited (TPTCL). The details in brief are as follows:  
Sl. 
No. 
Generators/Distribution & Trading 
Licensee  
Contracted Capacity (MW) 
1.  
DVC 
15

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