Examination by petitioners: SC asks Nepra to ensure availability of relevant papers of CPPA-G, NTDC & IPPs

ISLAMABAD: The Supreme Court asked the National Electric Power Regulatory Authority (Nepra) to ensure that all the relevant documents of the CPPA-G, the NTDC, and the IPPs are available in the authority’s office for the examination by petitioners.

The chief justice also asked the Nepra not to decide the matter without going to the instant exercise, but it may decide which documents, demanded by the petitioners, is relevant and frivolous, but facilitate the matter.

A three-judge bench, headed by Chief Justice Qazi Faez Isa and comprising Justice Jamal Khan Mandokhel and Justice Naeem Akhtar Afghan, on Friday, heard the imposition of Fuel Price Adjustment (FPA) and Quarter Tariff Adjustment (QTA) amounts in electricity bills.

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The chief justice said without the determination of tariff, recoveries can not be made, adding after the determination if any party has paid the charges then that would be adjusted in their bills, but the shortfall is charged.

Iftikhar Uddin advocate, representing Nepra, stated that the petitioners can come to their office for examination of the documents on Monday (September 9). He earlier informed that in pursuance of the Supreme Court direction the Nepra commenced hearing on September 3.

The Court on August 26 ordered the Nepra to hold its meeting and determine FPA and QTA amounts in electricity bills of various companies by September 5.

Ahsan Bhoon, appearing on behalf of the petitioners, told that hearing could not conclude as they wanted some documents, as those are required for the case. However, the Nepra’s counsel told that an order has already been passed by the Authority that the documents may be obtained from the Central Power Purchasing Agency-Guaranteed (CPPA-G) and National Transmission and Dispatch Company (NTDC).

Iftikhar contended that the petitioners wanted unnecessary documents to frustrate hearing of this case.

However, Bhoon argued that they want to access the documents which will help in determining the controversy.

Justice Naeem observed that the petitioners have demanded even those documents which have nothing to do with this case. They asked for documents which relate to public policies, and the financial statements of Independent Power Producers (IPPs), he added.

Bhoon said they require papers particularly of heat-rate, and the IPPs financial statement as these relevant to controversy.

The chief justice said they do not want to enter into controversy, but asked the Nepra to itself determine about the documents that are necessary for the examination of other side. The order said in this regard the Nepra would direct to CPPA-G, NTDC and IPPs to ensure the relevant documents available in the Nepra office for inspection by the petitioners.

The chief justice then inquired from the CPPA-G counsel, “whether he has any objection?” The counsel said they would abide by the instructions.

As all the parties have agreed, the chief justice then disposed of the case.

The authority issued 15 determinations of March 9, 2021, June 13, 2022, July 07, 2022, August 12, 2022, September 12, 2022, October 14, 2022, December 16, 2022, January 11, 2023, February 16, 2023, April 18, 2023, May 25, 2023, June 12, 2023, August 19, 2023, August 08, 2023, and September, 08, 2023 regarding FPA and 5 determinations of July 29, 2022, October 14, 2022, January 17, 2023, April 13, 2023, and July 07, 2023 regarding QTA (impugned determinations).

The impugned determinations were challenged before the Lahore High Court, Lahore, which resulted in a consolidated judgment on February, 06, 2023, whereby the impugned determinations were set aside.

The judgment of the Lahore High Court was challenged by Nepra and DISCOs, etc, before the Supreme Court of Pakistan, which were disposed on October 16, 2023. The SC in its order set aside the Lahore High Court determination and ordered that the consumers may prefer an appeal before the Nepra Appellate Tribunal by taking all permissible, factual and legal grounds.

Copyright Business Recorder, 2024