ISLAMABAD, Dec 10 (APP):The Federal Constitutional Court (FCCP) has sought replies from power generation companies on appeals challenging the tariff determination made by the National Electric Power Regulatory Authority (NEPRA). The court also granted NEPRA additional time to submit the relevant documents and key written arguments.
A two-member bench headed by Justice Hasan Azhar Rizvi heard the appeals on Wednesday. During the proceedings, counsel for the power-producing companies, Salman Aslam Butt, argued that NEPRA determined the tariff at a time when the position of Chairman was vacant. He contended that in the absence of the Chairman, the Authority could not legally convene a meeting, rendering the tariff determination process unlawful.
Justice Hasan Azhar Rizvi questioned how the Authority could function without its Chairman, observing that the absence of the head of the regulatory body raised serious concerns about the validity of its proceedings.
The counsel further argued that even the Vice Chairman was not authorised to preside over the meeting in the Chairman’s absence. Responding to a court query, he told the bench that the hearing on tariff determination concluded in March 2013, while the Chairman was appointed later in May 2013. He also pointed out that the final tariff determination order did not bear the Chairman’s signature.
NEPRA’s counsel requested time to furnish the required documents, upon which the court directed him to submit the complete record along with written submissions.
The bench then sought comprehensive replies from the concerned power generation companies and adjourned the matter for the next hearing.