Punjab in its petition, with the the Appellate Tribunal for Electricity, said that the Central Electricity Regulatory Commission 'erred' on various grounds while deciding on the compensatory tariff for the two power companies.
Punjab State Power Corporation in its petition said, "CERC has failed to appreciate that the terms and conditions for supply of electricity in a competitive bidding process is only based on the bidding documents.
"There cannot be any determination of tariff or examination of the costs and expenses by CERC in a competitive bidding process and more particularly after the bidding process is over," the petition said.
The CERC allowed Tata Power and Adani Power higher tariff and total compensation amounting to more than Rs 1,100 crore for their Mundra projects in Gujarat.
Rajasthan discoms in their appeal said, "CERC can revise tariff only with reference to Force Majeure, Change in Law or matters relating to the application of escalation for escalable tariff."
"CERC erred in considering the reduced price considered by Tata Power during bid though there was no firmed up coal supply agreement for supply at the discounted price," their petition said.
The CERC said the higher tariff would be imposed with retrospective effect from April 1, 2013, entitling Tata Power to recover Rs 329.45 crore and Adani Power almost Rs 830 crore from customers.
Last year, CERC had agreed that tariffs should be increased for both companies and set up a panel to work out the compensatory tariffs to mitigate the impact of higher overseas coal prices.
Tata Power's Mundra plant sells power to customers in the states of Maharashtra, Haryana, Punjab, Gujarat and Rajasthan. Gujarat and Haryana also purchase electricity from Adani Power.
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