LAW FOR ALL

whether Tata Power Company LimitedDistribution (hereinafter, ‘TPC-D’) is entitled to levy wheeling charges for the power supplied to Hindustan Petroleum Corporation Limited (hereinafter, ‘HPCL’) and wheeling charges for the power sourced from Sai Wardha Power Generation Limited (hereinafter, ‘SWPGL’) through open access. ? 19. We are of the opinion that the judgment of the Tribunal is required to be set aside and that the matter should be remanded back for fresh consideration. Therefore, we are not expressing any opinion on the findings recorded by the Tribunal on interpretation of the provisions of the Electricity Act, 2003. As a matter of fact, the transmission licence issued to TPC-T includes 2x110 kV as part of the transmission system. Therefore, it is not open to TPC-T to contend that 2x110 kV line is a part of the distribution system of TPC-D till the transmission licence is modified. It is essential that the application filed by TPC-T for amendment of its transmission licence is decided first. If the application filed for amendment by TPC-T is allowed and reaches finality, the 2x110 kV lines will not form part of the transmission network. On the other hand, if the application of TPC-T for amendment of its licence is rejected, TPC-D cannot have a case for seeking inclusion of 2x110 kV lines in its distribution system for imposing wheeling charges on HPCL. 20. Therefore, we direct the Commission to decide the application filed by TPC-T for amendment of the transmission licence issued in the year 2014 expeditiously and not later than a period of two months from the date of resumption of work after the lockdown due to Corona Virus is lifted.