Inherent powers cannot extend a tariff order's control period or rewrite power purchase agreement tariff terms.

The Electricity Act, 2003 permits the State Commission to determine tariff and regulate procurement, but only through the statutory framework and applicable regulations. Inherent powers saved by the Conduct of Business Regulations are procedural and may be used only where the Act and Rules are silent; they cannot expand substantive rights or alter contractual obligations in a power purchase agreement. The control period in a tariff order is not a mere procedural timeline, and it cannot be extended under Regulation 85 or any inherent power clause to rewrite agreed tariff terms. Where tariff fixation has been incorporated into the contract and public as well as consumer interests are involved, the Commission must follow the prescribed statutory route rather than bypass it.

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Issues: Whether the State Commission could invoke its inherent powers under the regulatory framework to extend the control period fixed in a tariff order and thereby alter the tariff terms incorporated in the power purchase agreement.

Analysis: The statutory scheme under the Electricity Act, 2003 vests the State Commission with the power to determine tariff and regulate electricity procurement, but that power must be exercised in the manner provided by the Act and the regulations. The inherent power saved by the Conduct of Business Regulations is procedural in nature and is available only where the Act and Rules are silent; it cannot be used to create or enlarge substantive rights or to vary contractual obligations settled between the parties. The control period in a tariff order is not merely a procedural timeline and cannot be extended under Regulation 85 or the inherent power clauses so as to rewrite the agreed tariff position in the PPA. Since tariff fixation under the statutory order had been incorporated into the contract and public interest as well as consumer interest were implicated, the Commission could not bypass the prescribed statutory route.

Conclusion: The Commission had no authority to extend the control period by invoking inherent powers, and it could not vary the tariff terms of the PPA on that basis.

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