SAI WARDHA POWER GENERATION LIMITED vs THE TATA POWER COMPANY LIMITED DISTRIBUTION

The Supreme Court ruled that Tata Power Company Limited-Distribution (TPC-D) is not entitled to levy wheeling charges for power supplied to Hindustan Petroleum Corporation Limited (HPCL) sourced from Sai Wardha Power Generation Limited (SWPGL) through open access. The Court upheld the Maharashtra Electricity Regulation Commission's decision that TPC-D must refund the wheeling charges collected from HPCL, emphasizing that the regulatory framework under the Electricity Act, 2003 does not permit such charges under the circumstances. The judgment clarifies the interpretation of wheeling charges in the context of open access provisions.