In view of the above discussions, we observe that the State commission is justified in observing that the tariff for the period prior to 21.5.2009 would be fixed on plant specific and not on generalized basis and we do not find any cogent or sufficient ground to differ from the findings of the State Commission. The State Commission by orders dated 21.5.2009 and 29.6.2010 determined generic tariff based on financial and operational norms decided from the date of the respective orders. The Appellants who had entered into PPA for sale of energy from their co-generation plants to the Electricity Board on 17.9.2007 and 18.9.2007 should have filed a petition at the appropriate time for determination of specific tariff for their plants from the commencement of supply for their plants. The State Commission could not have determined the plant specific tariff for the Appellants for FY 2007-08 & 2008-09 in the suo-motu proceedings initiated for determination of the generic tariff for supply of power from co-generation plants to the Electricity Board. We also agree to the findings recorded by the State Commission on this issue  in the impugned order. This issue is, accordingly decided against the Appellants. In view of the above discussions, we do not find any reason to interfere with the findings recorded by the State Commission in its impugned order dated 18.07.2012. Accordingly, this Appeal is dismissed since it has no merits and the impugned order dated 18.07.2012 passed by the learned State Commission is hereby upheld. No order as to costs.

Electricity Act, 2003

Electricity (Amendment) Act, 2007