ANNEXURE I

CHRONOLOGY OF EVENTS

Sr. Event Date

1 MSEB submitted Tariff Revision Proposal to the Commission

15 October 1999

2 Commission issued a public notice for submission of objections with affidavit

17 November 1999

3 Last date for submission of objections with affidavit 23 December 1999 4 Public Hearing at Aurangabad 6 January 2000 5 Public Hearing at Amravati 11 January 2000 6 Public Hearing at Nagpur 12 January 2000 7 Public Hearing at Nashik 17 January 2000 8 Public Hearing at Pune 20 & 21 January 2000 9 Public Hearing at Mumbai 24, 25 & 26 January

2000 10 First Technical Session 10 & 11 February 2000 11 Second Technical Session 16 February 2000 12 Third Technical Session 22 February 2000 13 Fourth Technical Session 28 February 2000 14 MSEB submitted Revised Proposal to the Commission

for 2000-01 6 March 2000

15 Technical Session 9 & 10 March 2000 16 MSEB submitted additional affidavit to the Commission 13 March 2000 17 Commission issued a public notice for submission of

objections with affidavit 13 March 2000

18 Last date for receipt of objections with affidavit 10 April 2000 19 Public Hearing in Mumbai 10 & 11 April 2000 20 MSEB submits responses to the objections 17 April 2000 21 Last Date for submission of rejoinders by the objectors 24 April, 2000 22 Extended last date for submission of the rejoinders 27 April, 2000 23 Tariff Order 28 April 2000

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ANNEXURE II

LIST OF AFFIDAVITS FURNISHED BY MSEB IN CASE NO.1 OF 1999

S.No. Particulars Date

01 Consumption details 15.02.2000

02 PLF, availability of TPS, Merit Order Despatch etc 17.02.2000

03 Captive units, supplying power to third parties 18.02.2000

04 Validating data 25.02.2000

05 Revision in the service line charges, meter rent and authority of the Commission to frame the conditions of supply of Electrical Energy

7.2.2000

06 New tariff proposal 06.03.2000

07 Additional information on revised proposal

(192 agricultural transformer feeder data, 16 urban Div energy accounting, note on FCA ) etc

13.03.2000

09 Bhiwandi Power Loom 03.04.2000

10 Regret & unconditional apology 17.4.2000

11 Replies on Affidavits to various individual objectors (on the revised proposal)

17.4.2000

12 Merit order dispatch with particular reference to the dispatch from Dabhol Power Plant.

24.4.2000

13 List of representations to which MSEB replies are given

24.4.2000

Letters (without affidavits)

1. MSEB letter No.16922 dated 20.4.2000 2. MSEB letter No.PR-3/MERC/ICRA dated 24.4.2000 addressed to ICRA 3. MSEB letter No.16920 dated 20.4.2000 4. MSEB letter o.PR-3/MERC/ADD.INFO./2573 dated 21.01.2000

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ANNEXURE III

LIST OF OBJECTIONS RECEIVED IN CASE NO. 1 OF 1999 TILL 27.4.2000 WITH AFFIDAVIT.

Sr. No

File No.

Name of the applicant First Affidavit

Second Affidavit

1. 08 Central Railway Nagpur

Yes Yes

2. 30 Vidarbha Ind. Assoc, Nagpur Yes Yes

3. 53 Jaiswal Neco Ltd., Nagpur Yes No

4. 80 Nagpur Power & Ind. Ltd., Nagpur Yes Yes

5. 11 Maharashtra Elecktrosmelt Ltd., Chandrapur.

Yes Yes

6. 56 Balaji Electrosmelt, Yavatmal

Yes

7. 57 R.B. Agarwal, Khangaon Yes Yes

8. 58 Vidarbh Chamber of Commerce, Akola Yes Yes

9. 59 R.O. Rajore, Khamgaon Yes Yes

10. 60 R.D. Mahajan, Malkapur Yes No

11. 61 Satish O Choudhary and other, Jalam, Buldhana

Yes Yes

12. 63 MIDC Industries Association, Yavatmal Yes No

13. 68 Chandurbazar Grahak Panchyat, Chandur Yes No

14. 98 President, Municipal Council, Chandur Railway, Dist. Amravati

Yes No

15. 35 Advance Casting, Usmanabad Yes No

16. 06 Deepak Pathak, Latur Yes No

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Sr. No

File No.

Name of the applicant First Affidavit

Second Affidavit

17. 69 Godavari Lift Irrigation scheme, Ragunathnagar

Yes Yes

18. 100 Ashok Bapurao More, President Marathawada Lagoudyog Mahasangh Shaka, Nanded

Yes No

19. 27 Nashik Ind. & Manufacturers Assoc., Nasik

Yes Yes

20. 52 Electrical Contractors, Nasik Yes Yes

21. 101 Prof. Dilip Phadke, Akhil Bhartiya Grahak Panchayat, Nasik

Yes No

22. 20 Carbon Everflow Ltd., Nasik

Yes No

23. 25 Jawahar Shetkari Sahakari Soot Girni Ltd., Dhule.

Yes No

24. 54 Nagarparishad, Faizpur, Tal. Yawal, Dist. Jalgaon

Yes No

25. 79 Shaikyusuf Mohmed, Nasik Yes Yes

26. 137 Bhalchandra Shaligram Behere, Savda Municipal Council, Jalgaon

Yes No

27. 139 Jain Irrigation Systems Ltd., Jalgaon Yes No

28. 105 Promoters & Builders Association, Nashik Yes No

29. 21 Narsingh Seva Sansta, Padli, Khurd, Kolhapur

Yes No

30. 22 Kedarnath Sahakari Pani Sansta, Donwade, Kolhapur

Yes No

31. 23 Bogawati Sahakari Sansta, Donawade, Tal. Karveer Kolhapur

Yes No

32. 26 Talegaon Dabade Nagarpari-shad, Pune Yes Yes

33. 28 Deccan Co-op Spinning Mills, Ichalkarnagi

Yes No

34. 29 Jaihind Sahakari Pani Puravta, Shirdon, Yes No

35. 37 MCCIA, Pune Yes

36. 50 Akhil Bhartiya Grahak Panchyat, Solapur Yes No

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Sr. No

File No.

Name of the applicant First Affidavit

Second Affidavit

37. 67 Pune Chapter of Cost Accounts, Pune

Yes Yes

38. 70 Kolhapur Sahakari Pani Purvatha, Kolhapur

Yes Yes

39. 82 Promoters & Builders Assn., Solapur Yes No

40. 85 Prayas, Pune Yes Yes

41. 107 Bharatiya Shrama Seva Nyas, Pune Yes No

42. 125 Maharashtra Rajya Veej Grahak Shetkari Sabha, Kolhapur

Yes No

43. 128 Century Enka Ltd., Pune. Yes Yes

44. 15 Akhil Bhartiya Grahak Panchayat, Pune Yes

45. 16 Grahak Panchyat Pune Yes

46. 01 Central Railway, Solapur Yes No

47. 03 Krishna Bhau Mane, Vihe Co-op Water Supply Soc., Satara

Yes No

48. 07 Hanuman Pani Puravta Seva Sansta, Bele, Kolhapur

Yes No

49. 09 Madhav V. Kunte, Valco Instruments Ltd., Bhor, Pune

Yes No

50. 10 Shiroli Manufacturers Association, Kolhapur

Yes Yes

51. 17 Janseva Pani Puravta Seva Sahakari Sansta, Padali (Khurd), Kolhapur

Yes No

52. 18 Nagar Parishad, Junner Yes Yes

53. 19 Kolhapur Zilla JD MSang, Kolhapur Yes Yes

54. 31 Jawahar Pani Puravta, Shirdhon Yes No

55. 36 Bhogawati Sahakari Sakahar Karkhana, Shahunagar, Kolhapur

Yes No

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Sr. No

File No.

Name of the applicant First Affidavit

Second Affidavit

56. 39 Dr. Patankar, Kasegaon, Sangli Yes No

57. 40 Madhav Capacitors Pvt Ltd., Pune Yes Yes

58. 45 Sangola Muncipality, Sangola, Solapur Yes No

59. 49 Vadkashivale Pani Puravta Sah Sansta, Karveer, Kolhapur

Yes No

60. 51 Shri Birdev Sahakar Pani Puravta, Vashi Yes

61. 55 Shetkari Suet Girni, Sangole Yes No

62. 72 TELCO, Pimpri, Pune Yes Yes

63. 73 Shree Swamysmarth Suet Girni, Solapur Yes No

64. 77 Chetan Foundries Ltd., Solapur Yes No

65. 78 Chaitanya Shalekar, Pune Yes No

66. 84 Hanuman Pani Puravta Seva Sah. Sanstha Maryadit, Nigave, Dist. Kolhapur

Yes No

67. 86 Major Prakash Patil, Sangatak Janjagaran Andolan, Kolhapur

Yes No

68. 87 Krishna Bhau Mane, Vihe Co-op. Water Supply, Vihe Satara

Yes No

69. 88 Vishwas Sadashiv Bhonsale, President, Shirur Municipal Council, Dist. Pune

Yes No

70. 90 Bharatiya Kisan Sangh, Pune Yes No

71. 91 Manugraph Ind. Ltd., Kolhapur Yes No

72. 92 Babu Maruti Suryavanshi, Bhu Trupti Sahakari Pani Puravtha Sanstha Ltd., Kolhapur

Yes No

73. 93 Krishnat Bandu Jagdale, Sidheswar Co-op Water Supply Soc. Ltd. Shivade, Tal. Karad, Satara.

Yes No

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Sr. No

File No.

Name of the applicant First Affidavit

Second Affidavit

74. 96 Anant Ramchandra Mane, Secretary Somai Devi Pani Puravtha Seva Sahakari Sanstha, Nisare, Kolhapur

Yes No

75. 97 Chandrakant Nanasaheb Kadam, Nagar Parishad, Junnar, Pune

Yes No

76. 99 Shri Karvir Nivasini Mahalaxmi Ispat Pvt. Ltd., Kolhapur

Yes No

77. 102 Damodar Nalla, Gen. Secretary, Solapur Zilla Yantra-mag Dharak Sangh, Solapur

Yes No

78. 109 Vithal Jaisingh Thorat, Koteshwar Pani Purvatha, Karad, Satara

Yes Yes

79. 110 Shantaram S Mokashi, Mahadeo Sah Pani Purvatha, Karad, Satara

Yes Yes

80. 111 Sampat Ganpati Surve, Chandrasen Sah. Pani Purvatha, Karad, Satara

Yes Yes

81. 112 Sanjay D. Chavan, Sangam Sah. Pani Purvatha, Satara

Yes Yes

82. 113 Sampat D. Chavan,Shree Ram Sah Pani Purvatha, Karad, Satara

Yes Yes

83. 114 Sanjay S Mulgaonkar, Sajureshwar Sah Pani Purvatha, Karad, Satara

Yes Yes

84. 115 Anandrao Mahadev Desai, Satara Yes No

85. 116 Badshah A Sheikh, Uma Maheshwar Sah Pani Purvatha, Satara

Yes No

86. 117 Bhanudas S Pawar, Jyotirling Sah Pani Purvatha, Charegaon Satara

Yes Yes

87. 118 Vijay G Gaikwad, Umeshwar Sah Pani Purvatha, Karad, Satara

Yes Yes

88. 119 Bhiku Salunkhe, Satara Yes Yes

89. 120 Pralahad E. Salunke, Shri Hanuman Sahakari Pani Purvatha, Koregaon, Satara

Yes Yes

90. 122 Shantaram S. Mokshi, Sahyadri Sah.Pani Puravatha Sanstha, Shivande,Tal.Karad

Yes Yes

91. 123 Yashvantrao Chavan Coop. Water Supply Soc., Shirgaon, Tal. Karad,

Yes Yes

92. 134 Transparent Energy Systems Pvt. Ltd., Pune

Yes No

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Sr. No

File No.

Name of the applicant First Affidavit

Second Affidavit

93. 135 Babu Gaibisco Makhandar, Mangalwedha Municipality, Solapur

Yes No

94. 136 Rajaram Sripati, Kurkali Sah. Pani Puravta Sanstha Ltd., Kurkali, Kolhapur

Yes No

95. 138 Bajaj Auto Ltd., Pune Yes No

96. 141 Krishna Valley Chamber of Ind. And commerce, Kupwad, Sangli.

Yes Yes

97. 142 Shri Maruti B. Patil, Kolhapur Yes No

98. 143 Pandurang Bhauso Patil, Kolhapur Yes No

99. 144 Sharadrao N. Salunkhe, Secretary, Tripudi Co-op. Pani Puravtha Sanstha Ltd., Tripudi, Patan, Dist. Satara.

Yes No

100. 145 Krishnarao B. Chandugade, Chairman Ninaidevi Co-op. Water Supply Soc. Ltd., Dist. Satara

Yes No

101. 146 Hanuman Co-op Pani Purvatha Ltd., Navadi, Tal. Pathan, Dist. Satara

Yes No

102. 02 Shri Madhav J. Bhandari, Jamsande, Tal – Devgad, Dist. Sindhudurg

Yes No

103. 04 Shri Santosh P. Shinde, Pathan Wada, Agra Road, Shahapur, Dist. Thane – 421601.

Yes No

104. 05 Jai Corporation Ltd., 807, Embassy Centre,Mumbai – 400 021

Yes No

105. 12 Electricity Consumers Association, Kanjur (W), Mumbai – 400078.

Yes Yes

106. 13 Thane Small Scale Ind. Association, Thane – 400 604.

Yes Yes

107. 14 Indian Aluminium Co. Ltd., Nariman Point, Mumbai 400 021

Yes Yes

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Sr. No

File No.

Name of the applicant First Affidavit

Second Affidavit

108. 24 Pradeep Metals Ltd., MIDC, Ghansoli, Navi Mumbai – 71.

Yes No

109. 32 Thane Belapur Ind. Association, Ghansoli, Navi Mumbai – 400 701.

Yes Yes

110. 33 Kalayan Ambernath Manufacturers Association, MIDC Phase 1, Dombivli – 421203.

Yes Yes

111. 34 BOC India Ltd., Taratala Road, Calcutta – 700088

Yes Yes

112. 38 Shri Kamalkar Govindrao Karkare, Thane 400 601.

Yes No

113. 41 Nishiland Park Ltd., Mumbai – 400 021.

Yes No

114. 42 Western Railway, Churchgate, Mumbai 400 020.

Yes Yes

115. 43 Tata Power Co. Ltd., Bombay House, 24 Homi Modi Street,Mumbai – 400 001.

Yes No

116. 44 South Eastern Railway, Garden Reach,Calcutta 700043

Yes Yes

117. 47 Shri Shreekant R. Paranjpe, Lokgram, Kalyan (E), Pin – 421306

Yes Yes

118. 48 Wartsila NSD India Ltd., Nariman Point, Mumbai – 400 021

Yes No

119. 62 Shri A.M. Mohite, Kurla(W), Bombay – 400070.

Yes Yes

120. 64 Maharashtra Chamber of Commerce & Industries., Mumbai.

Yes Yes

121. 65 Confederation of Indian Industry, Western Region, Mumbai – 400 018.

Yes Yes

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Sr. No

File No.

Name of the applicant First Affidavit

Second Affidavit

122. 66 Mahad Manufactures Association, Raigad,402309.

123. 71 Lote Parshuram Ind. Association, Lote, Dist. Ratnagiri – 415722

Yes No

124. 74 Maharashtra State Co-op. Spinning Mills’ Federation Ltd., Mumbai – 400 001.

Yes Yes

125. 75 Indian Ferro Alloy Producers’ Association, Mumbai – 400 011.

Yes No

126. 76 Shri MV. Dhekne, Andheri (W), Mumbai – 400 053.

Yes No

127. 81 Small Scale Entrepreneurs’ Association Rabale, Rabale, Navi Mumbai – 400 701.

Yes No

128. 83 Small Scale Wire Drawing Mumbai – 400 009.

Yes No

129. 89 Konkan Synthetic Fibres, Mahad, Dist. Raigad.

Yes No

130. 94 Mumbai Grahak Panchayat, Grahak Bhavan, Mumbai – 400 056

Yes No

131. 95 Ispat Industries Ltd., Mumbai – 400 021.

Yes Yes

132. 103 Shri Anil C. Khare, Dombivli (E), Dist. Thane – 421 201.

Yes No

133. 104 Millowners’ Association, Fort, Mumbai – 400 001.

Yes Yes

134. 106 Shri P.B.Samant, Goregaon East, Mumbai – 400 063.

Yes No

135. 108 Shree Mumbai Mishthan Vyavasai Sahakari Mandal Ltd., Mumbai – 400 007.

Yes No

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Sr. No

File No.

Name of the applicant First Affidavit

Second Affidavit

136. 121 Indian Merchants’ Chamber, Mumbai – 400 020

Yes No

137. 124 Peasants and Workers’ Party of India, Mahim Mumbai.

Yes Yes

138. 126 Central Railway, CEE’s Office, CST, Mumbai – 400 001

Yes Yes

139. 127 All India Induction Furnace Association, (Western Region),Mumbai – 400 010.

Yes No

140. 129 Shri Prashant N. Joshi, Mumbai – Goa Highway, Tal : Chiplun 415605, Dist. Ratnagiri.

Yes No

141. 130 Shri Pradyumna Kaul, Mahim, Mumbai-400 016

Yes Yes

142. 131 Bombay Small Entrepreneurs Association, Mulund (W), Mumbai – 400 080.

Yes Yes

143. 132 The All India Association of Industries, Mumbai – 400 009.

Yes Yes

144. 133 The Alloy Steel Processors Association of India, Mumbai

Yes No

145. 140 Maharashtra State Committee of CITU Yes Yes

146. New WA-11

Jyotirling Sahakari Pani Purvatha, Kiroli, Dist. Satara

No Yes

147. New WA-10

Kolhapur Engineering Association, Udyamnagar, Kolhapur

No Yes

148. New WA-

4

Thane District Co-op. Housing Federation, Thane

No Yes

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Sr. No

File No.

Name of the applicant First Affidavit

Second Affidavit

149. New WA-

7

Shri D.V.R. Rao, National Society for Clean Cities, Pune

No Yes

150. WA-6

Gokul Shirgaon Manufacturers Association, Shirgaon, Kolhapur.

No Yes

151. WA-

5

Shri Ramesh Gholap and Others, MSEB O&M Div., Sangli

No Yes

152. WA-

3

Shri P.P. Parlikar & Others, Pune. No Yes

153. WA-

2

Naikba Sahakari Pani Purvatha, Beldo, Tal. Karad, Satara

No Yes

154. WA-1

Veej Grahak Sangh, Sadashiv Peth, Pune

No Yes

155. WA-16

Indian Hotels & Restaurant Association, Mahim, Mumbai

156. WA-17

Shri Manohar Panshikar, Thane No Yes

157. WA-12

Akola Industries Association, Akola No Yes

158. WA-13

Marathwada Industries Association, Aurangabad

No Yes

159. WA-14

Industries Association of Young Entrepreneurs, Aurangabad

No Yes

160. WA-15

The Seeds & Cakes Millers Association, Khamgaon, Buldhana

No Yes

161. WA-9

Maharashtra State Krishak Samaj , Jalgaon 425 001

No Yes

162. WA-8

Raver Yawal Taluka Agricultural Pump Owners Association, Chinawal, Jalgaon

No Yes

163. WA-18

Loknayak Jayprakash Narayan Shetkari Sah. Soot Girni Ltd., Nandurbar

No Yes

164. WA-19

Shri Gopaldas N Agarwal, Malkapur Buldhana

No Yes

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On plain paper

S.No.

File No.

Name of Party/Person Location.

1 NPP-1 Roha Industries Association MIDC, Roha, Raigad. 2 NPP-2 Gondia Zilla Grahak Panchayat Gondia, Nagpur 3 NPP-3 Vikas Shinde Wardha 4 NPP-4 Indian Chemical Manufacturers

Association Mumbai

5 NPP5 Indian Seamless Steels & Alloys Ltd. Mumbai 6 NPP-6 Jan Jagran Andolan Jaisingpur, Kolhapur 7 NPP-7 Jasoda Gopal Research & Charity

Foundation Andheri, Mumbai.

8 NPP-8 Shree Precoated Steels Ltd. Pune 9 NPP-9 Defence Department, Chief Engineer’s

Office, Pune Zone Pune

10 NPP-10 Shri A.R. Bapat Thane 11 NPP-11 Varsha Co-op Housing Society Ltd. Thane 12 NL1 MIDC Industries Association. Nagpur 13 NL2 MSEB Workers Federation Nagpur 14 NL3 Shetkari Sahakari Soot Girni Maryadit,

Sangole, Solapur Solapur

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List of letters on without Affidavit

S.No Name of applicant Location 01 Shri Badusha Dinkarrao Shirol, Dist. Kolhapur 02 Shri Mhalsakanth Sah. Pani Purvatha

Sanstha Shirol, Dist. Kolhapur

03 Shri Madhavrao Jagdale Shirol, Dist Kolhapur 04 Shri Anna Appa Kole Shirol, Dist. Kolhapur 05 Shri Jinappa Bhau Malgave Bubnal, Shirol, Kolhapur 06 Shri Dinkar Phadnis M. Okhad, Shirol, Kolhapur 07 Shri Bhimrao Narayan Shirol, Kolhapur 08 Dattatray Hari Mani Shirol, Kolhapur 09 Vishwasrao Nanaso Shirol, Kolhapur 10 Dhanajirao A Desai Shirol, Kolhapur 11 Hanirao Ramchandra Mane Shirol, Kolhapur 12 Yashwant Shashikant Shirol, Kolhapur 13 Lakshman Babu Patil Shirol, Kolhapur 14 Smt Padubai N.K. Shirol, Kolhapur 15 Ramchandra Tatoba K. Shirol, Kolhapur 16 M.I. Momin Shirol, Kolhapur 17 Banisa Krishna Jadhav Shirol, Kolhapur 18 Udaysingh B. Shirol, Kolhapur 19 Jaipal Babu Rangor Shirol, Kolhapur 20 Dada Ballappa A. Shirol, Kolhapur 21 Ambu D Ugare Shirol, Kolhapur 22 Bharuso Bapu A. Shirol, Kolhapur 23 Shri J. D. Kole Shirol, Kolhapur 24 Babu Bapu Survanshi Shirol, Kolhapur 25 Jaisingrao Anandrao Desai Shirol, Kolhapur 26 Fatesingh Ramchandra Patil Shirol, Kolhapur 27 Prakash D Bhosale Shirol, Kolhapur 28 Krishnarao Madhavrao Jagdale Shirol, Kolhapur 29 Theatre Owners Association Mumbai 30 Manilal K Kala Mumbai 31 Rajeev Deshpande Vasai Road, Dist. Thane 32 Roha Nagar Parishad Roha, Dist.Raigad 33 Shri E.N. Naik Mulund, Mumbai 34 D. Shanks & Co. Manor, Palghar, Thane 35 Grahak Takrar Nivarak Mandal Vasai Road, Dist. Thane 36 Rashtriya Chem & Fertilizers Ltd. Alibag, Dist. Raigad 37 Adhikrut Ration Dukandar Seva Mandal Bhiwandi, Dist., Thane. 38 Aradhana Theatre Thane (West)

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S.No Name of applicant Location

39 Navi Mumbai Action Committee Navi Mumbai. 40 Vinay Annappa Mali & others Khed, Dist. Ratnagiri 41 Prasad J Mirikar Prabhat Road, Pune 42 Manus Parivar Gul Ali, Pune 43 Shri Precoated Steels ltd. Pune 44 Shri Babaso S Kolhapure Shirol, Kolhapur 45 Shri Ramesh V. Solapur 46 Mhasoba Upasa Jalsichan Yojana Padharbhag Valva, Tal.

Sangole. 47 Kothiram Mukund Upre & others Nagpur 48 Valva Magdoom Sah Pani Purvatha Mandal Valva, Dist. Sangli 49 Shri G.R. Lingshetty Solapur 50 Jaisingpur Pani Purvatha Hatkanangle, Kolhapur 51 Shri A.B. Khanapure Solapur 52 Shri S.R. Topkar Kothrud, Pune 53 EID Parry (India) Ltd. Navi Mumbai 54 Hanuman Sheti Pani Purvatha Mandal, Bhindvade, Hatkanangle 55 Kamalakar G Karkare & Others Mumbai 56 Bubnal Sahakari Pani Purvatha Mandal Shirol, Kolhapur 57 Bharatiya Kisan Sangh Shukravar Peth, Pune 58 Virsingh Shivajirao Patil Shirol, Kolhapur 59 Shankar Lakshman Gavde Shirol, Kolhapur 60 Vasantdada Veej Kolhapur 61 Narsingh Sah. Pani Purvatha Mandal Hatkangale, Kolhapur 62 Eathapur S Radhakrishnan & Others Thane 63 Narsingh Pani Purvatha Ltd. Kolhapur 64 Bubnal Pani Purvatha Kolhapur 65 Chiplun Nagar Parishad Chiplun, Dist. Ratnagiri 66 D.B. Dikshit Dharashiv 67 V.D. Padamvar Yavatmal 68 J. Gupta, Vashim 69 Nagar Parishad Akkalkot. 70 Ramvilas Khandelwal Pavan Nagar, Amravati 71 NagarParishad, Murtijapur, Akola 72 Nagar Parishad Nandura, Buldhana 73 Shashikant Vakode Sindhkhedraja, Buldhana 74 Chinthaman R. Wankhede Akola 75 Krishnarao Lakshman Khode Godam nagar, Yavatmal 76 Akola Industries Association MIDC Akola. 77 Nagar Parishad, Shendurjana 78 Sinnar Municipal Council Sinnar, Nashik

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S.No Name of applicant Location

79 Padli Pargaon Varana Sah Pani Purvatha Sanstha

Padli, Hatkanangle

80 Nagar Parishad, Jaisingpur, Kolhapur 81 Shivshakti Sahakari Pani Purvatha Sanstha Shiroli, Kolhapur 82 Ganesh Sahakari Pani Purvatha Mandli Shirol, Kolhapur 83 Murgud Nagar Parishad Kagal, Dist. Kolhapur 84 R.M. Mohite Textiles Ltd. Hatkanangle, Kolhapur 85 Jambhali Thakde Panchganga Sah Pani

Purvatha Mandli Jambhli,Shirol, Kolhapur

86 Sunil N Pote Niphad, Nashik 87 G. H Bhavkar, Malegaon, Nashik 88 Dilip Shankarrao Jadhav & Others Kalbaj, Nashik 423502 89 Dr R.B. Choudhari & Others Dhule 90 Shri Ajay Chandak, Deopur, Dhule 91 Shri V.D. Mane Solapur 92 Vinayak N.N. Solapur 93 Maharashtra Energy Development Agency Pune 94 Sarpanch, Grampanchayat, Holse Tal. Mundha, Jalna 95 Nagar Parishad Vaijapur, Dist. A'bad 96 Nagar Parishad Tuljapur, Osmanabad 97 Nagar Parishad Naldurg, Osmanabad 98 Kandhar Municipal Council Dist. Nanded 99 Raghunath Shankarro Sankpal Shirol, Kolhapur 100 Smt Krishnaji Thombre Shirol, Kolhapur. 101 Grahak Panchayat, Nagpur 102 Shankarrao Govind Kale Shirol, Kolhapur 103 MIDC Industries Association Nagpur 104 Ganpati Shripati S. Shirol, Kolhapur 105 Ashok Baburao Mane Shirol, Kolhapur 106 Dargu Hari Patil Shirol,. Kolhapur 107 Nagar parishad Gadhinglaj, Kolhapur 108 Harijan Pani Purvatha Shirol, Kolhapur. 109 Mahavir Pani Purvatha Valva, Sangli. 110 Usha Kulkarni Solapur 111 MIA MIDA Industries Association Hingna Road, Nagpur 112 Londha Khore Sah Pani Purvatha Sanstha Keloshi, Kolhapur 113 Zarina Ilahi Sandi Shirol, Kolhapur. 114 Nagar Parishad Tasgaon, Sangli 115 Small Agril. Motor Pump Holders Mouje Bhendvde, Hatkanangli 116 G.G. Palankar Solapur 117 Krishna Sah. Pani Purvatha Mandli Alas, Shirol, Kolhapur 118 Chavre Dhunki Sah Pani Purvatha Mandli Hatkanangle, Kolhapur

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S.No Name of applicant Location 119 Savarde Lathvde Varna Saha Pani Purvatha Hatkanangle, Kolhapur 120 Annasaheb Namdeo Sutar Jaisingpur, Kolhapur 121 Gokul Shirol Mfgrs Association Shirgaon, Kolhapur 122 Harichandra Jairamji Mehre Chandrapur 123 Shri Datta Varna Sah Pani Purvatha Sanstha Hatkanagle, Kolhapur 124 Kolhapur Engg Association Udyamnagar, Kolhapur 125 Rajendra S Durge Kolhapur 126 Sangli Zilla Kisan Sabha Tasgaon, Sangli. 127 Bapusaheb Dinkarrao Desai Shirol, Kolhapur 128 Finolex Industries Ltd. Chinchwad, Pune 129 Nagar Parishad, Sinnar Pune 130 Topkal Pune 131 Shivaji Dattatray Shekpal Shirol, Kolhapur 132 Chandrakant Appa Kore Shirol, Kolhapur 133 Gram Seva Sangh, Jeor, Karmal, Solapur 134 Sadhi Grahak Manch Nigdi, Pune 135 Moreshwar D Anturkar Shirol, Kolhapur 136 Chetan Foundaries & Employees Solapur 137 Vijayatai AS. Lalzare Nagpur 138 Nagar parishad, Kamleshwar Nagpur 139 Vinod Pande Nagpur 140 Vishnu Ramchandra Nivant Hingna, Nagpur. 141 Pravin S. Patil Shirol, Kolhapur 142 Shri A.B. Jog Shirol, Kolhapur 143 Krishnabai Pani Purvatha Shirol, Kolhapur 145 Kamlakar S Patil Shirol, Kolhapur 146 Balaso Bapuso Patil Shirol, Kolhapur 147 Yusufsaheb Shirol, Kolhapur 148 Vasantrao Hari Shirol, Kolhapur 149 Shri Khandrao J. Mane Shirol, Kolhapur 150 Shri Shivaji Rao Ramchandra Patil Shirol, Kolhpaur 151 Shri Datta Praja Sah Pani Purvatha Shirol, Kolhapur 152 Ramesh B. Kole Shirol, Kolhapur 153 Hanuman Sah Pani Purvatha Shirol, Kolhapur 154 Ramrao S Mane Shirol, Kolhapur 155 Jitendra Krishna Hagare Shirol, Kolhapur 156 Ulhas Sambhaji Patil Shirol, Kolhapur 157 Jivdhar Dhanpal Nidgule Shirol, Kolhapur 158 Shrepal Surendra Nidgunde Shirol, Kolhapur 159 Kumar Rajaram Nidgunde Shirol Kolhapur 160 Pandit Hari Mane Shirol, Kolhapur 161 Anna Bapu Kore Shirol, Kolhapur

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S.No Name of applicant Location 162 Pratap Ramchandra Sawant Shirol, Kolhapur 163 Bapusaheb H. Jagdale Shirol, Kolhapur 164 Vithal Gopal Patil Shirol, Kolhapur 165 Shantinath Dada Marje Shirol, Kolhapur 166 Dilip Bapurao Patil Shirol, Kolhapur 167 Shripal Babu Patil Shirol, Kolhapur 168 Shashikant Shirol, Kolhapur 169 Anandrao Ramchandra Shirol, Kolhapur 170 Shri Ganpati B H Shirol, Kolhapur 171 Shri Dattu Padappa Kole Shirol, Kolhapur 172 Shri D.K. Gavade Shirol, Kolhapur 173 Shri Vilas Ramchandra Patil Shirol, Kolhapur 174 Shri Mahadeo Badusho Shirol, Kolhapur 175 Shri Vijaysingh Dinkarrao Shirol, Kolhapur 176 Shri Namdeo Ramchandra Patil Shirol, Kolhapur 177 Shri Dattatraya Pani Purvatha Mandal Shirol, Kolhapur 178 Shri Arvind Yashwant Jadhav Shirol, Kolhapur 179 Bhausaheb Anandrao Desai Shirol, Kolhapur 180 Bhupal Ramchandra Kumbhale Shirol, Kolhapur 181 Kaleshwar Sahakari Pani Purvatha Shirol, Kolhapur 182 Balasaheb Shahpure Sah Pani Purvatha Shirol, Kolhapur 183 Karmala Nagar Parishad Solapur 184 Ambap Talsade Varna Sah Pani Purvatha

Sanstha Hatkanangle, Kolhapur

185 Smt Rakshna Kiran Athane Shirol, Kolhapur 186 Shri Bhanudas B Mane Shirol, Kolhapur

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List of Petitions WITHOUT AFFIDAVIT (Received after 23.12.1999)

S.No Name of applicant Location 01 Shri R.A. Ainapure Bubnal, Shirol, Kolhapur 02 Shri Vithal G Patil Davli, Sangli 03 Shri Mahadev A Patil Davli, Sangli 04 Shri Maruti B Mali Davli, Sangli 05 Shri Khanderao P Patil Davli, Sangli 06 Shri Ashokrao Patil Davli, Sangli 07 Municipal Council Rajura 08 Nagar Parishad Desaiganj, Gadchiroli 09 Shankar J Patil Davli, Sangli 10 Shri T. N. Bhusari & others Davli, Sangli 11 Nagar Parishad Devli, Wardha 12 Krishna D Badre Valva , Sangli 13 Babu Hari Late Valva, Sangli 14 V.R. Lingraj Solapur 15 S.G. Vaidya & Others Solapur 16 Adinath A Kanhere & others Solapur 17 Ganpati Babu Sutar Valva, Sangli 18 Vasant Govind Patil Valva, Sangli 19 Pandurang A Patil Sangli 20 Mahadev J Kumar Valva, Sangli 21 Pandurang Patil Davli, Sangli 22 Prof Sharad Patil Kupwad, Sangli 23 G.D. Lad Mumbai 24 Vishnu S Patil Valva, Sangli 25 Naiknavare & Associates Shivaji Nagar, Pune 26 Nagar Parishad, Sindi 27 Ashta Nagar Parishad Ashta, Sangli 28 Nagar Parishad Khed Khed 29 Sanjay Joshi Panvel, Dist. Raigad. 30 Aswin Treasurer Thane 31 N.S. Patil Kalyan, Thane 32 Nagar Parishad Varud, Akola 33 Nagar Parishad Mehkar,Buldhana 34 Nagar Parishad Umarkhed, Yavatmal 35 Jawhar Co-op. Indl Estate Panvel, Dist. Raigad 36 Nagar Parishad Malwan, Sindhudurg 37 Mrs Aparna Mandke Worli, Mumbai 38 S.M. Chawan Solapur

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S.No Name of applicant Location 39 Maratha Industries Association Aurangabad 40 Nagar Parishad Rahuri, Ahmednagar 41 Nagar Parishad Padhan, Parbhani 42 DNKP SSK Ltd. Ichalkaranji, Kolhapur 43 Nagar Parishad Varora 44 Bora Saw Mill Nashik 45 Niron Print Pvt Ltd. Nashik 46 S. Lahori Nashik 47 Shabdashree Tyre Services Nashik 48 Bharatiya Janta Party Bhiwandi 49 Janta Dal (Securar) Mumbai 50 Mumbai Chamber of Commerce & Industry Mumbai 51 Bharatiya Communist Party Sangli 52 B.A. Patil Sangli 53 Vivekanand Pani Purvatha Mandali, Shirol, Kolhapur. 54 Tarapur Industrial Assocaition Tarapur, Thane 55 Shamrao Salunkhe Valva, Sangli 56 B.G. Patil Valva, Sangli 57 Kasninath R Kulkarni Valva, Sangli 58 Pandurang Y Patil Valva, Sangli 59 K.S. Mali Valva, Sangli 60 Shivaji G Patil Valva, Sangli 61 Sajeriao Patil Valva, Sangli 62 Vithal Iswar Valva, Sangli 63 Arjun S Patil Valva, Sangli 64 Mahadeo S Patil Valva, Sangli 65 Baburao D Yewale Valva, Sangli 66 G.C. Parulkar Valva, Sangli 67 Thanubai C Parulkar Valva, Sangli 68 Vinayak N Kulkarni Valva, Sangli 69 Anand Patil Valva, Sangli 70 Mahadeo B Patil Valva, Sangli 71 Balu Baik Valva, Sangli 72 Baburam P Patil Valva, Sangli 73 Lakshman Patil Valva, Sangli 74 S.R. Patil Valva, Sangli 75 A.A. Patil Valva, Sangli 76 Bapu Keshav Valva, Sangli 77 Gangaram Palke Valva, Sangli 78 Prahlad B Patil Valva, Sangli 79 Masu Thuka Chougule Valva, Sangli 80 Ganpati S Sawant Valva, Sangli

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S.No Name of applicant Location 81 Pandurang M Patil Valva, Sangli 82 Mansingrao V Patil Valva, Sangli 83 Gouravat Pani Purvatha Tal Shirol, Kolhapur 84 Hanuman Pani Purvatha Tal. Panhala, Kolhapur 85 All India Private Hospital & Nursing Home

Association Solapur

86 Solapur Chamber of Commerce & Industry Solapur 87 N.P. Randhe & Others Randhe 88 Jawarlal M Khatri Tal. Karmal, Solapur 89 Bharatiya Kisan Sangh Pune 90 S.S. Chabulkar Solapur 91 Mahadev Thukaram Jadhav Valva, Sangli 92 Shankar D Patil Valva, Sangli 93 Chandra Patil Valva, Sangli 94 Shamrao Sarmali Valva, Sangli 95 Shamrao K Patil Valva, Sangli 96 Lakshman Mali Valva, Sangli 97 Bapu Abha Ubhale Valva, Sangli 98 Sameer Electricals & Electronics Pvt Ltd. Pune 99 Mahendra Holkar Akalkot Road, Solapur 100 Shri Shrikant Nashik Road 101 Raigad Zilla Grahak Thakrar Nivaran Samiti Pen, Dist. Raigad. 102 Nashik Industrial Co-op. Estate Ltd. Nashik 103 Engineering Export Promotion Council Cuffe Parade, Mumbai 104 R.N. Wankhede & Others Amravati.

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ANNEXURE IV

BEFORE THE MAHARASHTRA ELECTRICITY REGULATORY COMMISSION

World Trade Centre, Centre No.1, 13th Floor, Cuffe Parade, Mumbai-400 005

Case No.1 of 1999

IN THE MATTER OF Revision of tariff application to various categories of consumers of Maharashtra State Electricity Board with effect from 01.11.1999.

(Interim order)

Shri P.Subrahmanyam, Chairman Shri Venkat Chary, Member,

Shri Jayant Deo, Member.

Date of Order: February 23, 2000.

O R D E R The Maharashtra State Electricity Board (for short MSEB) submitted its proposal for

tariff hike to the Maharashtra Electricity Regulatory Commission (for short Commission) in

October 1999. The Commission was requested in the proposal to grant a hike in tariff of

nearly 9.88% so as to enable MSEB to generate a surplus of 4.5% on the value of the fixed

assets of the MSEB in service at the beginning of 1999.

The Commission invited public objections and comments on affidavit on the said

proposal of the MSEB. The public were also given an opportunity to present their case in

person at the six Divisional Head Quarters in meetings commencing from January 6, 2000 in

Aurangabad and ending with January 27, 2000 at Mumbai.

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The MSEB was given an opportunity to respond to these comments on oath/affidavit

at each of these venues. The Commission then requested the MSEB to validate the data

submitted by them supporting the tariff proposal, through the technical sessions. These

technical sessions were also attended by the organisations appointed under section 26 of the

ERC Act to represent consumers' interest. The sessions were held on February 10,11,16,22 &

23, 2000. The officers of the MSEB, including some Members of the MSEB, were present

throughout these technical sessions and the Chairman of the MSEB was present for the last

two days sessions.

The Commission, on going through the data submitted from time to time, noticed that

several changes were made in the figures submitted by the MSEB and on the basis of the new

figures submitted by the MSEB on February 21 and 22, 2000, pointed out to the Chairman,

Members and officers of the MSEB that if the various changes made by the MSEB in the

figures submitted in support were taken into account, the deficit to be covered was much

higher than the original figure mentioned in the October 1999 proposal, namely, Rs.1119

crores. The actual deficit, as now revealed from the figures, the Commission pointed out, is

nearly Rs.2000 crores and (for argument's sake) even if the proposal for a tariff hike of 9.88%

were granted in full by the Commission, there will still be a substantial shortfall in the surplus

required as per Section 59 of the Electricity (Supply) Act, 1948. The MSEB was asked as to

how it proposes to bridge the gap of nearly Rs.900 crores. The Commission implied whether

the MSEB would give an undertaking to the Commission that the Govt. of Maharashtra

would cover the deficit by way of a subvention under Section 63 of that Act. The

Commission pointed out to the Chairman of the MSEB that he should come prepared,

suitably armed with the legal opinion on the question, whether the Commission can entertain

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a proposal which does not fulfill the conditions laid down in Section 59 of the Electricity

(Supply) Act, 1948.

The Chairman of the MSEB in his deposition before the Commission on February 23,

2000 conceded that the shortfall is indeed much more than originally anticipated, in view of

the figures subsequently furnished by the MSEB. However, he would seek legal opinion on

the question raised by the Commission and while he would submit it in writing on February

24, 2000, he orally pleaded that it would not constitute an illegality under Section 59 of the

Electricity (Supply) Act, 1948 if the Commission proceeded to treat the proposal on its

merits, even though there is a substantial discrepancy between its latest figures and the

original proposal of October 1999.

The Commission advised the Chairman of the MSEB to submit the legal opinion in

writing along with an affidavit finally validating such data as is available with MSEB, which

clearly addresses itself to these legal questions and pointing out to the Commission that it

would not constitute an illegality to continue to treat the proposal on merits. Chairman,

MSEB, submitted that considering the dynamics of the situation, actual figures available now

as against the estimated figures earlier and further investigations made by the MSEB in their

pursuit of reliable data, did reveal changes in the figures as originally submitted and now

changed. However, this would not constitute substantial changes to alter the proposal in its

substance and/or character and, therefore, the Commission need not treat it as a new proposal.

The representatives of the interest of the consumers were also asked to offer their

comments on the statements/comments made by the Chairman of the MSEB. These

representatives, however, felt that the changes made by the MSEB were substantial in nature

and would, therefore, constitute virtually what could be termed as a new proposal and,

therefore, in order to protect the interests of the MSEB and its financial health, they were

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prepared to suggest a shorter course of action so as to save time and to avoid further public

hearings on the altered proposal; they suggested that the proposal, as finally submitted by the

MSEB should be made available to all the participants before the Commission, and they

should be given a short period of 2-3 weeks by which time they should offer their comments,

and the Commission can then proceed to determine the tariff in the light of the objections

received from the public.

The Commission adjourned the hearing at this stage and directed the Chairman of the

MSEB to make his legal submissions on Monday, February 28, 2000 at 11.00 hrs. In order to

defend his case and to explain the correct legal position, he, if so considered necessary, may

bring along his legal Counsel. Similar instructions were given to consumer representatives

also. The Secretary of the Commission has also been directed to obtain the legal opinion of

Commission's Counsel on the issues raised on behalf of the Commission.

The Commission meeting adjourned for the day.

Sd/- Sd/- Sd/- (Venkat Chary) (Jayant Deo) (P.Subrahmanyam) Member, MERC Member, MERC Chairman, MERC

Sd/- (Amitabh Rajan)

IAS Secretary

Maharashtra Electricity Regulatory Commission

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ANNEXURE V

BEFORE THE

MAHARASHTRA ELECTRICITY REGULATORY COMMISSION World Trade Centre, Centre No.1, 13th Floor, Cuffe Parade, Mumbai-400 005

Case No.1 of 1999

IN THE MATTER OF Revision of tariff application to various categories of consumers of Maharashtra State Electricity Board with effect from 01.11.1999.

(Interim order)

Shri P.Subrahmanyam, Chairman Shri Venkat Chary, Member,

Shri Jayant Deo, Member.

Date of Order: February 28, 2000.

O R D E R

By an interim order dated February 23, 2000, the Maharashtra Electricity Regulatory

Commission (for short, Commission) directed the Chairman, Maharashtra State Electricity

Board (for short, MSEB), to submit legal opinion on the points raised in the order along with

an affidavit finally validating the data submitted to the Commission. It was made clear in the

order to specifically confirm that, taking cognizance of the proposal of the MSEB, which

does not fulfil the mandatory requirements under Section 59 of the Electricity (Supply) Act,

1948 would neither constitute an illegality nor would it constitute a new proposal.

The MSEB on February 24, 2000 in its affidavit filed before the Commission annexed

the opinion given by its Solicitors M/s. Little & Co. They had opined that:

"it is permissible under law for the Commission to consider and determine the proposal for tariff submitted by the Board even though it may not fully meet the

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statutory requirement as contemplated by Section 59 of the Supply Act. The Commission, however, will have to record the reasons in writing while determining the tariff proposal submitted by the Board. In view of the fact that the proposal was framed on the basis of certain projected figures which have now undergone changes with the passage of time and that the Commission has not been able to frame the regulations providing for the terms and conditions for the fixation of tariff as contemplated by Section 29(2) of the Act, the Commission will be justified in departing from the principle contemplated under section 59 of the Supply Act. It is also in the interest of justice that to minimise the loss, the Commission should consider the proposal already submitted by the Board and complete the process of determination of the tariff even if it may not fully comply with the requirement of Section 59 of the Supply Act." It appears that M/s. Little & Co. have also consulted Senior Counsel, Mr.

A.M.Setalvad, who has agreed with the views mentioned above.

Mr. Khatlawala, Senior Counsel, appearing on behalf of the MSEB, also referred to

Section 67 of the Electricity (Supply) Act, 1948 and drew the Commission's attention to the

words "to the extent available" to justify his interpretation of section 59 of the Electricity

(Supply) Act 1948 to the effect that it is permissible to have a rate of return of less than 3%.

The Commission independently sought the legal opinion of Shri M.G.Ramachandran,

Advocate, New Delhi whose opinion was sent by fax. He has stated in his opinion that:

(1) No useful purpose will be served in returning the application. MSEB should be asked to correct the application with changed amounts,

(2) The Commission should hold a public hearing, as there are significant

changes. It is, however, not necessary to give a long time. The public hearing can be held in 15 days.

(3) Alternatively the Commission can increase tariffs as per original amounts and

allow MSEB to reserve the right to ask for addition Rs.1040 crores in a proper new application. This may probably not satisfy the purpose. My suggestion is to follow items 1 and 2.

(4) The Commission has the function as well as the power to determine tariff in

terms of Section 29 of the ERC Act. Such a power can be exercised and tariff can be increased if the Commission consider appropriate, even without MSEB asking for it. I would not suggest that public hearing may not be held. As mentioned above, a short public hearing in 15 days or so is sufficient."

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Mumbai Grahak Panchayat submitted a legal opinion of Dr. Dhananjaya

Y.Chandrachud, Addl. Solicitor General for India, in this matter which is reproduced

below:

"The State Electricity Regulatory Commission is vested with a power under Section 22 (1) (a) of the Electricity Regulatory Commissions Act, 1998 to "determine" the tariff for electricity in the manner provided in Section 29 of the Act. Section 29 of the Act empowers the Commission to determine the tariff, in accordance with the provisions of the Act notwithstanding anything contained in any other law. The considerations, which must guide the Commission in its determination, are enunciated in sub-section 2 of section 29.

The expression "determine" means "to settle or decide; to come to a

decision; to lay down decisively or authoritatively; to put an end to; to ascertain definitively." (P. Ramanatha Aiyar's Law Lexicon, 1997 Edition, page 541). The expression "determination" signifies an effective expression of opinion which ends a controversy or a dispute by some authority to whom it is submitted under a valid law for disposal, (Jaswanth Sugar Mills v/s Laxmichand (AIR 1963 SC 677 @ 680). The Commission is an expert body which has been conferred with wide ranging statutory functions. The powers of the Commission are laid down by Sections 12 and 23 of the Act. The Act is given overriding effect by Section 52. Bearing in mind the provisions of the Act, it is abundantly clear that the function to determine is that of the State Commission. The State Commission is not bound to accept a proposal submitted to it by the Board or any other authority. The question as to whether a proposal should be acceded to is for the Commission to decide. The considerations which the Commission must have regard to as guiding principles are laid down in Section 29 (2). These considerations include not merely the principles contained in the Electricity Supply Act, 1948 such as Section 59, but also other matters such as the interests of the consumers, considerations of efficiency, performance and optimum return. The Commission is an authority which is vested with the jurisdiction to determine tariffs. The Commission can call for information data, and statistics that would enable it to decide what should be the tariff determination. A proposal which is inconsistent or which does not furnish adequate material to the Commission need not be accepted by the Commission. The object of setting up the Commission was obviously to ensure rationalisation of electricity tariffs and the implementation of transparency. The Board, after the Act has come into force, cannot determine the tariff and this power is given to the Commission. The Board is duty bound to ensure that the Commission is placed in possession of all relevant material that would enable the Commission to discharge its statutory obligation. The interests of the Board have no doubt to be borne in mind by the Commission. However the Commission's power is exercisable in public interest. Other components of

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the public interest including the consumer's have to be equally borne in mind by the Commission."

In addition to the above opinions given by different Counsels, Shri Khatlawala, Senior

Counsel, appearing on behalf of the MSEB made the following points:

(1) The proposal submitted by the MSEB in October 1999 fulfills the requirements of section 59 of Electricity (Supply) Act, 1948. However, due to the circumstances beyond the control of MSEB and the facts that have emerged on the basis of actual data collected, the figures submitted by MSEB had to be revised several times, resulting in the latest proposal revealing a totally different set of figures, which will not be meeting the requirements of section 59 of the Electricity (Supply) Act, 1948. However, in the interests of the MSEB and the consumers at large, the Commission is empowered to take cognizance of the proposal and, while allowing such tariff hike as is considered appropriate by the Commission, may give an opportunity to the MSEB to come with a revised proposal to meet the deficit in as short time as possible. He further relied on section 30 of the Electricity (Supply) Act, 1948 to say that it is well within the competence of the Commission to depart from the guidelines laid down under section 29, as long as the reasons for such a departure are recorded in writing by the Commission. He further argued that the interest of transparency have already been met by following an elaborate procedure and by giving the public at large ample notice from time to time and opportunities to file affidavits and to adduce oral evidence in public hearings.

(2) He said that it would not be necessary to lengthen this procedure further by

treating the revised proposal as a new proposal, as the delay involved would seriously jeopardize the finances of the MSEB which is already facing hard times.

(3) The proposal now submitted by the MSEB with the data as validated by them

on affidavit dt. 24.2.2000, does not constitute a new proposal and, therefore, would not require an elaborate procedure to be followed, but should merely be treated as a continuation of the earlier proposal. Such changes in the data which have come about are but natural in the context of the emerging situation.

(4) He also submitted that the data as authenticated by the MSEB now does not

constitute a change in the substance or character of the proposal submitted to the Commission in October 1999.

(5) He further said that the MSEB would abide by whatever figures the

Commission would consider as authenticated and would follow any directions which the Commission would give in making new proposals hereafter, but in the interests of justice and fairplay, the application of the MSEB should not be rejected merely on technical grounds.

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The representatives of the consumer organisations appointed under section 26 of

ERC Act, in addition to the legal opinions already referred to above, stated that:

(1) Changes that the MSEB have made were made after the last date for receipt of objections from the public. They were major changes in regard to the number of consumers, major categories, connected load and consumption, power generation as well as power purchase, which affects the revenue side as well as the expenditure side of the proposal. Only the third component of the proposal, which requires tariff increase, has been kept constant. Considering these facts, it is felt that going back to the people is essential.

(2) They will cooperate with the Commission to speed up the entire process so

that the Commission delivers its order as soon as possible. The Advisors to the Commission, were asked to offer their comments on the affidavit

filed by the MSEB on 24.2.2000. They opined that:

(1) There have been substantial changes in the character and nature of the proposal, as can be seen from the figures of revenue, expenses, surplus, connected load and T&D losses. Therefore, it would be very difficult to accept the MSEB's contention that the proposal has not changed in its structure or character,

(2) The original proposal submitted in October 1999 did comply with section 59,

but the current proposal did not meet the key requirements of section 59 and a further revised proposal could be submitted by the MSEB only when it complies with section 59 of Electricity (Supply) Act.

(3) It was also brought out to the notice of the Commission that in the original

proposal, certain revenue streams were not considered while calculating the total revenue. If revenue streams such as miscellaneous revenue, inter-State sales, sales to Mula-Pravara and industrial LTPG connected load is taken into account, the surplus would have been Rs.1118 crores as against the requirement of about Rs.403 crores (calculated @ 4.5% Rate of Return on Net Fixed Assets). In the revised affidavit, the MSEB has shown a deficit of Rs.651 crores, even after considering full tariff hike.

(4) Thus, the surplus amount gets reduced by Rs.1800 crores, which is a

substantial amount. There have been substantial changes in the figures of connected load, number of consumers, agricultural consumers and T&D losses which have also varied by more than 2000 MUs in the affidavits submitted by the MSEB.

(5) The Advisors further stated that the MSEB should have clarified on the following issues :

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(i) whatever the legality of submitting a new proposal or a modified proposal, whether it has complied with section 59;

(ii) whether the proposal that they are submitting have new constituents,

(iii) whether their information is based on facts with backup or more

assumptions being made by the MSEB in the proposal.

(6) It appears from the repeated affidavits submitted by the MSEB that there were inconsistencies in the figures that had been used to frame the proposals.

(7) They also mentioned that the onus of providing validation through accurate

data rests with MSEB. The Commission has carefully gone through the legal opinion submitted and the

arguments advanced. The Commission attaches great importance to the Objectives and

Reasons which necessitated the enactment of the Electricity Regulatory Commissions Act,

1998. It is acutely conscious of the fact that the health of the State Electricity Boards has to

be improved. The ill health of the State Electricity Board is partly due to its own inefficiency

and incompetence, but it is also due to irrational tariffs imposed by extraneous authorities.

The Commission is also aware of the lack/inadequacy of budgetary support often from the

State Govt. as a result of which the State Electricity Boards have become incapable of even

proper maintenance of their assets, leave alone purposeful investment. Further, lack of

credit-worthiness of the State Electricity Boards has been detrimental in attracting

investments from the public and private sectors. Hence, the ERC Act makes it mandatory for

the State Commission to fix tariffs in such a manner that the consumers or a class of

consumers shall not be charged unreasonably above/below the cost of supply. It is also

necessary that the Commission should send a proper signal to the authorities concerned that

subsidies, if any, should be properly assessed and targeted and should form part of the State's

budget itself. It is also necessary, in the view of the Commission, that the tariff for the

agricultural sector requires urgent upward revision, even if it is over a period of some years

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before it reaches anywhere near the cost of supply. It is also necessary, in the opinion of the

Commission, that not only should meters be installed forthwith in as short a time as possible

but also that the consumers are properly billed and not based just on assumptions, and the

billed amounts are collected regularly and not written/waived off without strict and sufficient

cause by the authorities, who are extraneous to the statutory authority of the Board. Also, that

all categories of consumers shall pay their electricity dues on pain of disconnection, which is

a mandatory requirement under Section 24 of the Indian Electricity Act, 1910. The

Commission is of the considered opinion that it is not sufficient only to talk about these

things from public platforms, but they have to be translated into effective policy and

implemented so that the financial health of the State Electricity Boards can be restored in as

short a time as possible and so that the infrastructure sector, of which electricity is the most

important component, gets the attention it deserves. Taking into consideration all these

above factors, the Commission directs the MSEB to revise the proposal on the basis of the

actual data that is now available in as much as almost over a period of one year has elapsed

since the earlier proposal was submitted to the State Govt. and the financial year is now

drawing to a close. It is also necessary that the State Electricity Board makes informed

projections on the basis of actuals achieved so as to enable the setting of reliable tariff rates

for the year 2000-2001. The Commission, therefore, directed the MSEB to submit its

affidavit on the above lines as a continuation of its earlier tariff proposal at the earliest. The

MSEB informed the Commission that it will submit revised proposal by 6th March 2000. The

Commission also directed that as the proposal has undergone substantial changes, the public

should be given an opportunity to study the new figures submitted by the MSEB and to offer

comments within a period of 15 days from the time it is made public.

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While filing the affidavit, which the MSEB has agreed to submit by 6th March 2000,

for technical validation, the Commission directs the MSEB to avoid the following lacunae

observed in the data submitted for agricultural consumption and T& D losses. The Advisers

to the Commission, brought to the Commission's notice the fact that information has been

provided by MSEB on energy audits carried out on agricultural feeders as well as in urban

divisions. The consumer interest group, Prayas, in their affidavit dated 23.2.2000 had

brought to the notice of the Commission that the operating norms for annual hours of

operation for LT agricultural pump-sets cannot be more than 1600 hours in a year. MSEB

has not contested this claim of Prayas.

The Advisers to the Commission brought to the notice of the Commission that the

MSEB is carrying out energy audits in 16 urban divisions. MSEB has furnished data for the

period starting June 1998 to the Commission. This data reveals that the total loss in these

divisions for the period from June 1998 to May 1999 was 26.5%. The Commission felt that

if energy loss is so high in urban divisions, then the loss in rural divisions is, for obvious

reasons, likely to be higher.

The data furnished by Prayas, which has not been questioned or controverted by the

MSEB, coupled with the above observations of the Commission suggests substantially higher

T & D losses as compared to the MSEB's claim of 15% to 17%. The preliminary analysis

suggests that T& D losses in the MSEB system may be 30% or more. MSEB should consider

realistic T&D losses while preparing the revised proposal.

In order to speed up the tariff process and to maintain transparency in the process, the

Commission has decided on the following course of action: –

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(1) MSEB shall publish revised proposal on its website after validation with the

Commission. At the time of validation of the revised proposal before the

Commission, the MSEB should come prepared to discuss the following issues

for considering the feasibility of their inclusion in the revised proposal, before

the revised proposal is made public:

(a) Installation of `Time-of-Day' meters for levelling the demand between peak and non-peak hours, as recommended by the Rajadhyaksha Committee,

(b) For LT Motive Power consumers, the provision of the option of

Maximum Demand (MD) basis instead of Connected Load tariff,

(c) Encouragement for the use of static meters by consumers,

(d) Ensuring that all new connections are released with meter

based tariff only,

(e) Provision of new connections within a stipulated period. In case of delay beyond the stipulated period, to inform the consumers the reasons for the same and the likely date of new connection,

(f) Action plan for supplying meters for all consumers according

to a schedule, as suggested by Rajadhyaksha Committee,

(g) Implementation schedule for the suggestions made in the Rajadhyaksha Committee report,

(h) Strict implementation of economic despatch order so as to

economise the cost of supply,

(i) Clearance of all pending applications within the stipulated time-frame, strictly in spirit of Section 44 of Electricity (Supply) Act, 1948. To clear all pending applications below 10 MW, received prior to 15.12.1999, within 15 days,

(j) Wearing of name badge compulsorily by MSEB employees, for

easy identification of staff dealing with the public,

(k) While projecting the expenditure in the tariff proposal, to consider efficiency norms provided by various agencies such as

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Power Finance Corpn., Central Electricity Authority, Rural Electrification Corpn., and other financial institutes, etc.

(2) MSEB shall also arrange to send at its own cost the revised and validated

proposal to all individuals/agencies who have commented on its October 1999

proposal.

(3) MSEB shall publish in leading newspapers an advertisement informing

public at large that their October 1999 proposal for tariff revision has

been modified and a new set of proposal papers is available with MSEB,

and can be obtained by payment of Rs.200/-.

(4) The public will be given time of 15 working days from the date of

publishing of advertisements, for submitting objections to the

Commission.

(5) Public hearing will be conducted for a day in Mumbai, which will be

indicated in due course.

Sd/- Sd/- Sd/- (Venkat Chary) (Jayant Deo) (P.Subrahmanyam) Member,MERC Member,MERC Chairman

Sd/-

(Amitabh Rajan) IAS

Secretary Maharashtra Electricity Regulatory Commission

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