The bench headed by Justice Kurian Joseph, after hearing the appeals, issued notice on the stay application to Sasan asking it to respond to the appeals. But the court did not set any date for the next hearing on the main issues.
Several state electricity corporations had signed power purchase agreement (PPA) for Sasan UMPP but a dispute arose on the COD. The distribution companies did not accept March 30, 2013 as COD and took 2013-14 as the first year of commissioning. If the test certificate was taken as the basis for commissioning date, the first year of operation for the power plant would be 2012-13 during which it gets about 70 paise a unit (kilowatt per hour) for the power supplied from the power plant. The same tariff continues for the second year but from the third year onwards the tariff rises more than 70 per cent. The third year gets pushed ahead by an year if 2012-13 is not considered as the first year.
RPower had threatened to cut off supply if its dues worth around Rs 1,050 crore were not cleared. APTEL had set aside a CERC order that had rejected the COD date. These states utilities were asked to pay in instalment of which one instalment has already been paid, said a person close to the dispute. Aggrieved by the tribunal order the utilities had approached the apex court.