MERC dismissed AEML-T's review petition; upheld treatment of actual Interest on Working Capital (IoWC) as Nil for FY2017-18 & FY2018-19 in MYT truing-up
Case of Adani Electricity Mumbai Limited (Transmission) seeking review of certain aspects of Multi Year Tariff (MYT) Order dated 30 March 2020 in Case No. 297 of 2019
AEML-T sought review of MERC's MYT Order dated 30 March 2020 (Case 297/2019), which trued-up ARR for FY2017-18 & FY2018-19 and set 4th MYT Control Period ARR (FY2020-25). AEML-T argued the Commission wrongly treated actual IoWC as 'Nil' for pre-acquisition years (when Mumbai Transmission was under RInfra), inflating 'efficiency gains' shared with consumers and reducing AEML-T's entitlement. AEML-T submitted fresh Statutory Auditor certificates (June/July 2020) apportioning RInfra's consolidated working capital interest across Generation/Transmission/Distribution/Other businesses to claim actual IoWC of Rs.2.25 Cr (FY18) and Rs.1.92 Cr (FY19), seeking higher net entitlement.
- Review Petition filed under Regulation 85 dismissed in entirety; Impugned MYT Order upheld unchanged
- Held new Auditor certificates (dated 22 June & 3 July 2020) did not qualify as 'new evidence' since they were created after and to support the review filing, not pre-existing undiscovered facts
- Noted AEML-T itself had originally submitted to the Commission that actual IoWC was 'Nil' for the pre-AEML period, contradicting its own review claim
- Found discrepancies between Petition figures and Auditor's Certificate figures for FY2017-18 (e.g., Working Capital Interest Rs.122.28 Cr matched, but Actual Drawn figures differed: Rs.960.49 Cr vs Rs.967.34 Cr)
- No change made to approved IoWC expenses: Rs.1.97 Cr (FY2017-18) and Rs.2.41 Cr (FY2018-19) net entitlement stand, against AEML-T's claim of Rs.3.47 Cr and Rs.3.18 Cr respectively
- Ruled the review petition was filed within limitation (Supreme Court COVID extension applied), but failed on merits under Regulation 85(a)
- Case No.104 of 2020 dismissed; no further compliance or tariff revision required from this Order
- AEML-T's underlying grievance on IoWC methodology remains linked to pending Appeal No.105 of 2019 before APTEL against MERC's original MTR Order in Case 201/2017
- Approved ARR/IoWC figures from MYT Order dated 30 March 2020 (Case 297/2019) continue to apply without modification
- No new compliance timeline set for AEML-T; existing MYT tariff schedule (FY2020-21 to FY2024-25) remains as approved in the parent MYT Order
- • No direct tariff impact for C&I consumers/open-access users from this Order — approved transmission ARR and associated charges under the 4th MYT Control Period remain unchanged
- • Reaffirms MERC's strict evidentiary bar for licensees claiming cost pass-throughs — actual costs (like IoWC) must be substantiated with contemporaneous documentary proof at the time of original tariff proceedings, not after decision via retrofitted certificates
- • Signals to developers/licensees that post-facto auditor certificates created after an adverse order will not be accepted as 'new evidence' for review — reinforces predictability of trued-up ARR once approved
- • Confirms efficiency-gain sharing mechanism (Regulation 31.6, MYT Regulations 2015) will continue to benefit consumers where licensees fail to prove actual costs, keeping transmission tariff components tighter for C&I open-access users
This is a housekeeping dismissal with no tariff impact for buyers — MERC firmly closed a licensee's attempt to retroactively improve its allowed costs via after-the-fact auditor certificates. The bigger takeaway for developers and C&I consumers is procedural: MERC continues to enforce a high bar on 'new evidence' in reviews, rejecting documents manufactured post-order to support a claim already filed. This reduces regulatory risk of retrospective tariff creep and keeps transmission ARR stable for AEML-T's network users. Track the pending APTEL Appeal No.105/2019, as its outcome could still reopen the broader IoWC-treatment question across MERC licensees.
Growthifye does not take responsibility for the accuracy of this information. Values are compiled from tariff orders published on the websites of State Electricity Regulatory Commissions and distribution licensees (plus CEA / MoP / Grid-India), parsed automatically and shown with their source. Always verify against the signed order before any commercial decision. This one-pager is a Vidura-assisted summary of the official order; the signed order prevails.
