| Citation(s) |
|---|
| 2023 SLG 1911 2023 PLD 412 2023 SLD 1911 |
Civil Appeals Nos. 1011 to 1119 of 2020 and 1185 to 1191 of2020 and Civil Petitions Nos.3428 of 2020, 1145-K of 2020and 3775 to 3780 of 2020, decided on 19th January,2023.[Against the judgment dated 28.09.2020 and05.10.2020 of the High Court of Sind
Present: Umar Ata Bandial, C.J. Syed Mansoor Ali Shah and Ayesha A. Malik, JJ
For the Appellant(s):Abid S. Zuberi, Advocate Supreme Court and Ayan Mustafa Memon, Advocate Supreme Court (for K-Electric).Haider Waheed, Advocate Supreme Court (in C.A. No. 1119 of 2020).M. Omer Soomro, Advocate Supreme Court (in C.A. No. 1191 of
K-ELECTRIC LIMITED through Chief Executive Officer, Karachi---PetitionerVersusFEDERATION OF PAKISTAN through Secretary, Ministry of Energy and Secretary, Ministry of Finance, Islamabad and others---Respondents
Law: Regulation of Generation Transmission and Distribution of Electric Power Act, 1997
Section: 7,31
(a) Regulation of Generation, Transmission and Distribution of Electric Power Act (XL of 1997)--- ----Ss. 7 31---Tariff determination---Domain of National Electric Power Regulatory Authority (NEPRA)---Scheme of the tariff determination legal regime is such that in terms of Section 7 read with Section 31 of the Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997 ( the Act), tariff determination can only be made by NEPRA---Tariff determination is one of the core functions of NEPRA and cannot be delegated to anyone---Federal Government is required to notify the tariff determined by NEPRA but cannot exercise this function itself---In terms of the Act and the Policy Guidelines, NEPRA determines the tariff, be it annual, multi-year or uniform and the Federal Government notifies the tariff---So far as any adjustments to the tariff are concerned, they are also to be made by NEPRA, whether it is under Section 31 of the Act, being a monthly adjustment or under the National Power Tariff and Subsidy Policy Guidelines, 2014 (2014 Guidelines) being quarterly or bi-annual adjustment---Schedule of Tariff (SOT) is also to be issued by NEPRA, detailing the tariff and the charges it contains. (b) Regulation of Generation, Transmission and Distribution of Electric Power Act (XL of 1997)--- ----S. 31---Tariff determination---Electricity tariff for consumers of electricity supplied by K-Electric---Domain of National Electric Power Regulatory Authority (NEPRA)---Scope---Uniform tariff for K-Electric as notified by the Federal Government is the uniform tariff determined by National Electric Power Regulatory Authority (NEPRA) for the Distribution companies (DISCOs)---Federal Government cannot determine the uniform tariff nor make adjustments to the tariff nor issue any Schedule of Tariffs (SOT) for K-Electric as this must be done by NEPRA. Essentially, National Electric Power Regulatory Authority (NEPRA) determines the tariff of each Distribution company (DISCO) after ascertaining the prudence of costs based on the requirements of the DISCO. So each DISCO will have its tariff determined by NEPRA. The Federal Government then, as per its policy, seeks to…
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