Law: Regulation of Generation Transmission and Distribution of Electric Power Act, 1997

Section: 7,7(2)(i),31

Law: National Electric Power Regulatory Authority (Tariff Standards and Procedure) Rules, 1998

Section: 5,9,17(3)(i)

Law: Constitution of Pakistan, 1973

Section: 199

Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997 (XL of 1997)-- ----Ss. 7, 7(2)(i) 31--National Electric Power Regulatory Authority (Tariff Standards and Procedure) Rules, 1998, Rr. 5, 9, 17 17(3)(i)--Constitution of Pakistan, 1973, Art. 199--Imposition of quarter tariff adjustment in electricity bills--Mandate of law--Tariff determination--Actual consumption of electricity--Entitlement for recovery of prudently incurred cost--Efficacious remedy--Principles for determination of revenue requirement--Public hearing for raising objections--Availability of remedy of appeal--Objection regarding composition of authority--Challenge to--NEPRA has issued Guidelines which provides for methodology to be adopted with reference to tariff determination--Objective of quarterly adjustment is to ensure that all pass through costs are factored into tariff as per requirement of Act and Rules--Distribution Companies does not have to bear these costs and is entitled to recover all prudently incurred costs--NEPRA determines consumer end tariff for each distribution licensee after assessing different components of its revenue requirements--There is a public hearing, which is duly published in newspapers inviting all comments, objections and interveners request--formulas and principals for determining revenue requirement is provided under Guidelines s with reference to QTA is without basis as structure of Act read with Rules find Guidelines clearly provides for periodical adjustment of PPP components which have to be determined based on actual costs incurred s should have participated in same and could should have raised their objections at time With respect to prudency of costs being claimed--Objections before High Court in constitutional jurisdiction is without basis as there is no vested right in favour of Petitioners which they seek to enforce nor is there any basis on which diey can claim that periodical adjustments are illegal or have been even given retrospective effect. periodical adjustments are in terms of prescribed procedure under scheme of Act, hence no illegality is made out--Furthermore, remedy of appeal is provided under Act, which…

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