Providing some relief to private power producers like Tata Power, Reliance Power and Adani Power that own 12,000 mw of capacity which use imported coal, country's highest law officer has said that power regulator can regulate and revise electricity tariffs, irrespective of the contracts signed by power producers with distribution companies. Although this move has paved the way for a hike in electricity tariffs from private producers, but Attorney General Goolam Vahanavati has added that rationalization of tariff is obligatory and that it should be done by an appropriate commission.
The opinion from attorney general G E Vahanvati came in response to queries from the Forum of Regulators, the apex body of state electricity regulators, as the companies for long have been demanding for tariff hikes to compensate for the steep rise in imported coal prices due to regulatory changes in countries like Indonesia and Australia, besides rupee depreciation.
The forum mainly sought legal opinion on a few tariff-related issues, including the appropriate regulator to settle issues for companies that have inked power purchase agreements (PPA’s) with multiple states. This is in light of Adani’s Power’s application to the Central Electricity Regulatory Commission (CERC) to consider an upward revision in its power tariff after customers denied paying higher rates for power generated from its imported coal-based power plant in Mundra, Gujarat. However, the Forum of Regulators states that, CERC is the appropriate commission to decide on tariff-related disputes for companies selling power to multiple states, having secured power projects after competitive bidding.
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