The Appellate Tribunal for Electricity (APTEL) has asked the power regulator to look afresh at its order declaring that Reliance Power's 4,000 MW Sasan Ultra Mega Power Project (UMPP) had not started commercial operations on March 31 as scheduled.
In a filing to the BSE, the company said APTEL has set aside the Central Electricity Regulatory Commission's impugned order and has directed it to look into the matter afresh, including the issue of maintainability raised by Sasan Power Ltd (SPL) without being influenced by its earlier findings.
"The order is set aside and the matter is remanded back to the Central Commission to decide the issues afresh after hearing of the Appellant (Reliance Power) and other concerned parties," APTEL said in its judgement dated August 12.
CERC had set aside the certificate issued by Independent Engineer's (IE) for declaration of COD (commercial operation declaration) of Sasan UMPP's first 660 MW Unit.
"We find that the Central Commission has decided the issue on merits without giving an opportunity of being heard to the Appellant (Reliance Power) on the merits of the case and without deciding the issue of maintainability raised by the Appellant." APTEL said in its order.
Reliance Power through SPL, had filed an appeal with APTEL on grounds that the CERC order was violative of principles of natural justice and not tenable in law.
SPL is a wholly-owned subsidiary of Reliance Power implementing Sasan UMPP in Madhya Pradesh.