Bhubaneswar: Rectifying its earlier order, The Odisha Electricity Regulatory Commission (OERC) has declared the November 2021 requisition of Grid Corporation of Odisha (GRIDCO), for availing power from Vedanta, as valid and effective.
In its earlier order date 25.01.2022, the OERC had declared the requisition of GRIDCO, in compliance to OERC order 05.10.2021, to avail power from Unit II (600MW) of M/s. Vedanta Ltd (4 X 600MW thermal power plant at Jharsuguda) as ineffective citing “one day” delay in placing the requisition even when Vedanta did not object to it.
It created an unpalatable perception in the eyes of the public and a lot of hue and cry questioning the conduct of GRIDCO, the sole State Designated Entity to procure power for the State. The fact remains, that the due date of issuing requisition was 04.11.2021 a public holiday i.e. “Diwali” and thus the action of GRIDCO was not hit by limitation as per the General Clauses Act and a catena of Supreme Court’s order in this regard.
Vedanta had acted upon the requisition of GRIDCO and supplied only 50MW to GRIDCO when generation from Unit II was as high as above 500MW, in wilfull and flagrant violation of OERC order dated 05.10.2021. In order to avail balance approved quantum of 941 MU of power from Unit II of Vedanta, GRIDCO knocked the doors of Orissa High Court and vide order dated 09.02.2022 in WPC No. 3624 of 2022, the High Court directed for early hearing of Recall petition of GRIDCO pending before OERC and to consider to direct Vedanta to supply power for the interest of State consumers.
Accordingly, OERC reopened Case No.2 of 2022 and directed Vedanta to supply power to GRIDCO/State forthwith vide order dated 19.02.2022 but Vedanta dared to once again dishonor/defy Commission’s order did not supply power citing low linkage coal stock. Thus, GRIDCO once again filed another case under Section 142 and 146 of Electricity Act, 2003 for contempt of OERC order and the matter has been heard and order is reserved.
Finally, Recall Petition was heard on 06.09.2022 and order was passed on 14.09.2022, according to which the recall/review petition of GRIDCO was partially admitted and inadvertent error by OERC was rectified, observing requisition of 05.11.2021 as valid and effective. As a consequence, against non-supply of power during the 4th quarter of FY 2021-22 i.e. 1st January 2022 to 31st March 2021, compensation is payable by Vedanta to GRIDCO as per OERC order dated 22.06.2022 and 05.10.2021 respectively.
