KARACHI: The National Electric Power Regulatory Authority (Nepra) has dismissed the motion for leave for review of two Chinese companies’ against the decision of the authority.
The authority had given the decision in 2014 about reconsideration request filed by government of Pakistan in the matter of upfront tariff for coal power projects.
After reviewing the motions for leave for review filed against the determination of the authority, on June 26, 2014, the authority has come up with same decision and dismissed the motion for leave for review citing many deficiencies.
Motion for Leave for Review was filed by M/s Irfan & Associates on behalf of China National Import & Export Corporation and Babcock & Wilcox Beijing Company Ltd. against the Decision of the authority regarding reconsideration request filed by Government of Pakistan in the matter of upfront tariff for coal power projects for information. China National Import & Export Corporation and Babcock & Wilcox Beijing Company Ltd submitted the motion for leave for review on May 30, 2016 against the decision of the Nepra dated June 26, 2014 in the matter of upfront tariff for coal power projects.
However, Nepra after considering the instant review motion observed some deficiencies includes that the subject review motion is hopelessly time barred. ‘The Petitioner has also failed to bring any material evidence before the Authority which the Authority may consider to condone the delay’, authority added.
Nepra in its decision said the petitioner was also not a party in the earlier proceedings; proceedings for determination of Upfront Tariff for coal power projects decided vide order dated 26.06.2014 and proceedings leading to its revised order issued vide decision dated 21.11.2014. Hence, the Review Motion is also liable to be dismissed on the ground that the Petitioner has no locus standi.
A motion for leave is a motion filed with the court seeking permission to deviate from an established rule or procedure of the court. The most common use of a motion for leave is to seek an extension to an already-passed timeframe.