Between

Andhra Pradesh Power Generation Corporation Ltd.

Vidyut Soudha, Hyderabad.500 082. .. Petitioner

and

1. Central Power Distribution Company of Andhra Pradesh Ltd,

‘Singareni Bhavan’, Red Hills, Hyderabad-500 004

2. Eastern Power Distribution Company of Andhra Pradesh Ltd,

‘Saishakti Bhavan’, Opp.Saraswati Part, Daba Gardens,

Visakhapatnam.

3. Northern Power Distribution Company of Andhra Pradesh Ltd

1-1-503, NIT Main road, Chaitanyapuri, Kazipet,

Warangal-506 004.

4. Southern Power Distribution Company of Andhra Pradesh Ltd,

19-3-13(M), Upstairs, Renigunta Road,

Tirupati-517 501. .. Respondents

This petition coming on for hearing on 16.09.2006 in the presence of Sri K.Gopal Choudary, Advocate, for the petitioner and Sri P.Shiva Rao, Advocate, for the respondents and having stood over for consideration to this day, the Commission delivered the following:

O R D E R

This Interlocutory Application is a petition filed by the petitioner for amendment of prayer in I.A.No.10 of 2006 in O.P.No.27 of 2006.

2. The following are the averments made in I.A.No.11 of 2006:

(a) The petitioner herein filed a petition viz., O.P.No.27 of 2006 under Section 62 of the Electricity Act, 2003, for the determination of tariff for the supply of electricity to the four Respondents - Distribution Licensees/DISCOMs during the financial year 2006-07. The petitioner has also filed I.A.No.10 of 2006 in O.P.No.27 of 2006 for interim orders in respect of fixed costs and variable costs with effect from 01.04.2006 pending determination of tariff in the main O.P.

(b) The variable costs set out in Table 30 of the Commission’s Order dated 23.03.2006 in O.P.Nos.2 to 5 of 2006 are based on the fuel cost adjustment bill of the petitioner for the month of September, 2005, as proposed by the respondents as stated in paragraph 265 of the said Order. It is submitted that the variable costs set out in the aforesaid Table require to be adjusted, as in the usual course, for variation in fuel costs. Thus the variable costs to be applicable for the month of April, 2006 and in subsequent months will be as adjusted by the actual gross calorific value of the fuel and the actual landed costs of fuel for the respective months. In order to avoid any doubt and/or dispute, it is submitted that it is necessary for the petitioner to amend the prayer (c) in paragraph 7 of the petition in I.A.No.10 of 2006 so as to make it clear that the adjusted variable cost will be applicable.

(c) For that reason, it is prayed that the Commission be pleased to permit the petitioner to amend the prayer in paragraph 7 of the petition in I.A.No.10 of 2006 to read as follows:

“(c) variable costs for the energy delivered by the petitioner to the respondent DISCOMs at the various rates set out in Table 30 of the Order dated 23.03.2006 passed by the Hon’ble Commission in O.P.No.2 of 2006 to O.P.No.5 of 2006 duly adjusted for actual gross calorific value of the fuel and the actual landed costs of fuel for the respective months; and/or”

3. The counsel for the respondents reported no objection to carrying out the amendment as prayed for by the petitioner.

4. After careful consideration of the matter, the Commission allows the petition. Accordingly, paragraph 7(c) of the petition filed by the petitioner in I.A.No.10 of 2006 in O.P.No.27 of 2006 stands amended, as prayed for by the petitioner. Ordered accordingly.

This Order is corrected and signed this 23^rd day of September, 2006.

Sd/-	Sd/-	Sd/-
(R.RADHA KISHEN)	(SURINDER PAL)	(K.SWAMINATHAN)
MEMBER	MEMBER	CHAIRMAN

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