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1. This is an Application seeking stay of operation of the Order dated 17.01.2020 passed by the Punjab State Electricity Regulatory Commission ("Central Commission") whereby the State Commission in Petition NO. 54 of 2017 has determined the completed capital cost of GVK's 540 MW power project located in Punjab as under:

S.No. Claimed by Recomm- Approved GVK ended by by the Ld. Joint PSERC* Auditor 1. Land 123.77 123.77 96.75 2. Preliminary Expenses 0.25 0.25 3. Boiler Turbine Generator 1050.22 1050.17 1050.17 Package including Engineering, Erection, Civil Works, Taxes and 4. Balance of Plant including 927.40 895.06 783.57 Engineering, Erection, Civil Works, Taxes and 5. Duties. Spares for BTG Package. 0.11 0.11 6. Non-EPC. 337.31 285.56 204.60 7. Start-Up Expenses 31.68 15.00 0 7. Power and Water for 32.57 32.57 32.10 Construction. 8. Consultancy and 54.13 11.03 Engineering charges 9. Pre-operative Expenses 186.55 126.56 74.04 10. Insurance 16.56 16.56 16.56 11. Capital Cost excluding 2760.55 - 2269.18 IDC & Financing Charges Page 2 of 98 IA NO. 136 OF 2020 IN APPEAL NO. 41 OF 2020 12. Interest During 1474.84 1455.77 777.50 Construction (IDC) 13. Financing Charges 31.99 31.99 11.69 14. Total Capital Cost 4267.38 4103.83 3058.37

1. The Appellant is a generator maintaining and operating two units of coal-fired thermal generation plants. For purposes of setting up the said units, the construction work started some time in 2011. It had entered into an arrangement with the second Respondent (Discom) for supply of electricity for purposes of start-up, its need continuing the first unit having been commissioned on 11.02.2014 followed by the second unit commissioned on 02.08.2015.

2. The Appellant was a consumer for start-up power for the period 01.09.2013 to 31.05.2015. By the billing raised for supply of such electricity in terms of the Supply Agreement dated 07.01.2013, the Respondent Discom treated it as a commercial consumer on the reasoning that it would fall in the residual category, referring in this context to the tariff schedule, in absence of any separate category for start-up power consumer being specified in tariff schedule.

1. Indian Railways, an establishment working under the control of the Central Government in terms of the Railways Act, 1989, has been constrained to come to this Tribunal by the present appeal under Section 111 of the Electricity Act, 2003 to assail the decision of the Tamil Nadu Electricity Regulatory Commission (hereinafter referred to as "TNERC" Appeal No. 188 of 2019 & IA No.980 of 2019 Page 2 of 9 or "State Commission") dated 25.03.2019 passed in Petition No. M.P. 4 of 2019, declining to entertain the request, inter-alia, for direction to the respondents - State Transmission and Distribution Companies - to process the application and grant non-discriminatory open access based on its claim of being a deemed licensee with certain other ancillary reliefs, the prime reason being that the State Commission was not satisfied with the "form" in which such petition had been presented.

Mr. Hemant Sahai Mr. Aditya K. Singh Ms. Anukriti Jain Ms. Molshree Bhatnagar Ms. Puja Priyadarshini Counsel for the Respondent(s) : Mr. M. G. Ramachandran, Sr. Adv.

Ms. Ranjitha Ramachandran Ms. Poorva Saigal Ms. Anushree Bardhan Mr. Shubham Arya Ms. Tanya Sareen Mr. Arvind Kumar Dubey for R-2 2 Original Petition Nos. 1, 2, 3, 4, 5 & 6 of 2019 Mr. B. Adinarayana Rao, Sr. Adv. Mr. Rakesh Kumar Sharma Mr. Nishant for R-3 & 4 Mr. Brahmanandam (Rep.) for R-5 ORIGINAL PETITION NO. 2 OF 2019 SB Energy Solar Private Limited 1st Floor, Worldmark-2, Asset Area-8, Hospitality District, Aerocity, NH-8, Delhi - 110037. .... PETITIONER Versus

1. These Appeals are filed by the solar power plants challenging impugned order dated 05.10.2019 passed by Andhra Pradesh Electricity Regulatory Commission (for short hereinafter referred to as "APERC" or "State Commission"). The petitions pending before APERC was for 9 Appeal Nos. 368, 369, 370, 371, 372 & 373 of 2019 approval for procurement of power by Southern Power Distribution Company of Andhra Pradesh Limited and Eastern Power Distribution Company of Andhra Pradesh Limited, which are hereinafter referred to as "AP Discoms", at the tariff competitively determined.

1. The present Execution Petition is filed by Tata Power Delhi Distribution Page 1 of 25 EP No.09 of 2016 in A. No. 171 of 2012 Limited ("TPDDL/Petitioner") for execution of the Judgment dated 10.02.2015 passed by this Tribunal in Appeal No. 171 of 2012. The said Appeal was filed by the Petitioner challenging the tariff order dated 13.07.2012 passed by the Delhi Electricity Regulatory Commission ("Delhi Commission/Respondent") in Petition No. 05 of 2012 whereby, the true up of expenses of the Petitioner for FY 2010-11 and ARR for the Control Period FY 2012-13 to FY 2014-15 were determined. By the said judgment this Tribunal has inter-alia decided as under:-

1. The relevant Tariff Regulations - Central Electricity Regulatory Commission (Terms & Conditions of Tariff) Regulations, 2014 (hereinafter referred to as "Tariff Regulations 2014") - in so far as they govern the obligation of the procurer of electricity to pay to the generating company for the supply received do not define or specify the "due date" for such payment. The Regulations do make provision for incentive for timely payment, the rebate admissible being subject to gradual decrease over the period specified also specifying surcharge leviable for late payment. As is the usual practice in the power industry, the Power Purchase Agreements (PPAs) contain stipulation, inter-alia, for Letter of Credit (LC), the terms and conditions settled by the parties indicating the event on which such LC can be encashed. It is the contention of the Appellant (Distribution Licensee - Procurer) that the period specified in the Regulations for rebate to be availed by payment of the bill for supply of electricity should also be treated as the period within which such payment can be legitimately insisted upon, the end of the said period being "due date" prior to which the LC cannot be invoked. The PPA which was entered upon between the parties herein carries a stipulation that the payment of the periodic bill (raised on Appeal No. 26 of 2018 & IA No. 131 of 2018 Page 2 of 24 month-to-month basis) is to be made by the last bank working day of the month in which it is raised, described as the "due date". It is also the contention of the Appellant that this stipulation (as to due date) runs contrary to the Tariff Regulations providing for the incentive (rebate) for timely payment (within 30 days), and the liability for late payment surcharge (LPSC) and, consequently, the PPA will have to be enforced only after being aligned and brought in line with letter and spirit of the Regulations.