BHUBANESWAR: The Appellate Tribunal for Electricity (APTEL) has dismissed the application of Vedanta Limited challenging the February 19, 2022 order of the Odisha State Electricity Commission (OERC).
The commission had directed the appellant for supply of full quantum of electricity from the Unit-II of its Jharsuguda thermal power plant from the date of its order (February 19) till March 31, 2022 to meet the emergent needs of the Grid Corporation (Gridco).
“We decline to interfere in the interim arrangement put in place by the commission through the impugned order. The appeal and the applications filed therewith are thus dismissed,” said officiating chairman of APTEL Justice RK Gauba.
The order further said, “It will be improper, unjust and unfair on the part of APTEL to interfere in the lawful discretion properly vested in the Regulatory Commission and exercised by it for reasons which are weighty.”
Vedanta had moved the APTEL against the February 19 interim order of OERC. It opposed the OERC order arguing that the commission had no quorum to hear a review petition as required under section 9(4) of Odisha Electricity Reforms Act, 1995. Presence of all three members are required to hear a review petition. The post of chairman of the commission is still vacant.
“The act of the commission in entertaining the review petition cannot be flawed or questioned. The grant of relief by the interim order only implies that the correctness of the order dated January 25, 2022 is perceived even by the commission to be doubtful. By the very grant of interim relief, the order under review, in effect, stands suspended during the pendency of the review proceedings,” APTEL said. Further, there can be no inhibition in law against grant of interim relief pending adjudication of the review petition. The view taken by OERC in its October 5, 2021 order that appellant was not obliged to supply power was with reference to a particular requisition/notice and not as a general rule.
Gridco had filed a review petition seeking relief from the January 25, 2022 order of the commission which rejected it on the ground of one day delay in exercising the option to avail power from Vedanta.
However, an aggrieved Gridco challenged the OERC order in the Orissa High Court which directed the commission to pass an interim order in accordance with law within two weeks from the date of filing the application. The February 19 order was the outcome of the review application.