K-ELECTRIC LIMITED vs FEDERATION OF PAKISTAN through Secretary, Ministry of Energy and Secretary, Ministry of Finance, Islamabad Ss — 2023 PLD 412 SUPREME-COURT

Case information

Citation: 2023 PLD 412 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLD
Parties: K-ELECTRIC LIMITED vs FEDERATION OF PAKISTAN through Secretary, Ministry of Energy and Secretary, Ministry of Finance, Islamabad Ss
Provisions referred to: Electric Power Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

K-ELECTRIC LIMITED VS FEDERATION OF PAKISTAN through Secretary, Ministry of Energy and Secretary, Ministry of Finance, Islamabad 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.

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