APTEL upholds Sasan project’s COD

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In an order that will improve the cash flow of Reliance Power-promoted 4,000 MW Sasan Ultra Mega Power Plant (UMPP), the appellate tribunal for electricity (APTEL) quashed the Central Electricity Regulatory Commission’s (CERC) order that rejected the commercial operation date (COD) suggested by the firm for the first unit of the plant.The APTEL order allows the company to recover `1,050 crore from the procurers.The UMPP had declared the COD of its first unit to be March 31, 2013, on the basis of certificate obtained from the independent engineer. However, the same was successfully challenged by Western Regional Load Despatch Centre (WRLDC) before CERC. The commission, while rejecting the said COD, set it for August 16, 2013. The then power developer approached the tribunal.“CERC has gone beyond the scope of prayers made in the impugned petition while passing the impugned order. Hence, all the findings and observations made by the learned Central Commission in the Impugned Order beyond the scope of the payers of the Impugned petition are liable to be set aside or quashed as suffering from perversity or illegality and based on improper appreciation of the material available before the Central Commission as regards to the prayers made in the impugned petition,” APTEL observed in its order.

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