Latest Aptel updates from LegalRepublic.in.
Clause 6 of a bulk power transmission agreement secures construction and nothing else, so a guarantee kept alive for more than a decade after a 1,400 MW Odisha plant was built cannot be held hostage to the letter of credit under Clause 2, the Tribunal held. The generator that never sought a stay, though, bears its own renewal costs.
A PPA runs from the date the Commission approves it, not the date it is signed, and a force majeure extension under Article 2.5.4 is capped at three months, the Tribunal held. With nothing on record on whether the 2 MW Tumkur project had crystallised its capital cost by 25 February 2017, the tariff goes back to KERC for a one-month inquiry while liquidated d
Regulation 35.2 of the GERC MYT Regulations, 2024 lets only a generator volunteer a lower return on equity, the Tribunal held, setting aside the 11 per cent cap and permanent undertaking GERC attached to extending the PPAs of 2,912 MW of transferred stations and Wanakbori Unit 7 to 2030.
The solar developer paid Rs 11.75 crore in grid connectivity charges instead of Rs 9.40 crore after Rajasthan raised the rate five days past the bid deadline, but watched two co-respondents claim the increase as change in law and said nothing until appeal.
Virender Bhat and Ajay Talegaonkar upheld pooled recovery of transmission charges for assets at Tuticorin, finding the lines carry far more than the long-term access they were challenged over.
APTEL dismissed BSES distribution companies' challenge to gas plant availability figures but remanded income tax recovery disputes to DERC for recomputation on a Return on Equity basis.
APTEL set aside JSERC's 6% interest award on delayed payment surcharge refund, directing DVC to pay interest at SBI Prime Lending Rate on AMG bill surcharges recovered from Tata Steel.
Three Kolkata-based industrial consumers failed to explain a delay of over 1,125 days in challenging a 2022 DVC tariff order; APTEL dismissed the appeal as time-barred.
Uttarakhand Power Corporation's attempt to levy cross subsidy surcharge on mid-term open access consumers fails as APTEL upholds the UERC's interpretation of Regulation 22.
APTEL dismissed GRIDCO Limited's review petition challenging its September 2025 judgment on a revised PPA dispute with Vedanta, finding no error apparent on the face of record.
APTEL rejected BSES Rajdhani and BSES Yamuna's attempt to substitute its reasoned CAG audit ruling and separately pressed DERC to begin regulatory asset liquidation by 16 June 2026.
APTEL refused to stay a 2021 KERC order restoring PPA tariff of Rs.5.07/kWh to a solar developer, finding BESCOM had slept on its rights for over four years.
APTEL rejected Delhi Electricity Regulatory Commission's review petitions challenging its 20 April 2026 order on CAG audit and regulatory asset liquidation, granting only a 45-day window for chartered accountant appointment.
APTEL quashes DERC's direction to BSES Yamuna and BSES Rajdhani to pay Rajghat Power House energy bills after their PPAs expired in mid-2015, ruling obligations ceased on expiry.
APTEL refuses to condone delays of up to 5,100 days in appeals against Tamil Nadu tariff orders, finding appellants lacked good faith and diligence under Section 14 of the Limitation Act.
The Appellate Tribunal for Electricity dismissed a spinning mills association's challenge to TNERC's 2017 tariff order, upholding TANGEDCO's subsidy relinquishment under the UDAY scheme and approving the cross subsidy surcharge methodology.
The Appellate Tribunal for Electricity partly allowed DVC's appeal against JSERC's true-up order, ruling that a CERC-approved pay revision amount cannot be excluded by a State Commission.
NTPC sought relief for plant shutdowns at Farakka caused by low Ganga Feeder Canal water levels, but APTEL held the situation was foreseeable and self-attributable.
APTEL dismisses Rajasthan distribution companies' appeal, holding that Chhattisgarh forest transit levy became a compensable change-in-law event only from 1 November 2012, after the bid cut-off date.
APTEL refused to condone a 421-day delay in restoring an electricity appeal, holding the Successful Resolution Applicant failed to show sufficient cause after the moratorium ended.
APTEL upheld force majeure relief for grid connectivity and Jat agitation delays but disallowed 11 days granted for a civil court stay order, finding no valid notice under the Implementation Agreement.
APTEL found DERC violated natural justice by disallowing Rs 17.43 crore in other business expenses using an undisclosed auditor's report, and set aside a Rs 1.60 crore water charges disallowance.
APTEL has allowed TSECL's appeal, holding that time and cost overruns attributable to EPC contractor BHEL and gas supplier ONGC cannot be loaded onto consumers through tariff.
APTEL allows both appeals by Everest Power, remanding O&M baseline determination and setting aside capital expenditure disallowances totalling over Rs. 2.5 crores for the 100 MW Malana-II project.
