Petition No.17 of 2008
Date of Order: 05-09-2008
| In the matter of: | Petition for approval of deviations from the “Guidelines for Determination of Tariff by Bidding Process for Procurement of Power by Distribution Licensees”, issued by the Ministry of Power, Govt. of India, vide notification No.23/11/2004-R&R (Vol. II) dated 19-01-2005 (including amendments dated 30.03.2006, 18.08.2006 and 27.09.2007), under Section 63 of the Electricity Act, 2003. | |
AND | ||
In the matter of: | Nabha Power Limited, PSEB Building, The Mall, Patiala, Admn. Office: # 25, 29 & 30, Officers Flat, Shakti Vihar, PSEB, Patiala. | |
Present: | Sh. Jai Singh Gill, Chairman | |
| Smt. Baljit Bains, Member | ||
| Shri Satpal Singh Pall, Member |
Nabha Power Limited filed petition No.11 of 2008 interalia for approval of deviations/modifications in the Standard Request for Proposal document by adding an incentive formula detailed in para 1.5 of the petition for early commissioning of the project. The petition was decided on 14.8.2008. This petition has been filed stating that there were two typographical mistakes in para 1.5 of that petition which reads “So, for the benefit of all i.e. Consumers, State Govt. and PSEB, it is desirable that power plant is commissioned at the earliest and for this the Applicant wishes to incorporate in the RFP documents an incentive clause whereby, if the seller completes 1st Unit of Nabha Thermal Power Plant within the period of 42 months then Seller shall be entitled to the incentives as provided under the bidding documents” whereas it should read as “So, for the benefit of all i.e. Consumers, State Govt. and PSEB, it is desirable that power plant is commissioned at the earliest and for this the Applicant wishes to incorporate in the RFP documents an incentive clause whereby, if the seller completes 1st Unit of Rajpura Thermal Power Plant within the period of 48 months then Seller shall be entitled to the incentives as provided under the bidding documents.” It was pointed out that as per existing stipulation a developer commissioning the project within 42 and 48 months will not be entitled to any incentive which was not the intention. Similarly the name of the power plant has incorrectly been stated as “Nabha Thermal Power Plant” in place of “Rajpura Thermal Power Plant”. The petitioner made a prayer to allow amendment of para 1.5 of petition No.11 of 2008. The petitioner further prayed that order dated August 14, 2008 passed in petition No.11 of 2008 may be amended to incorporate the proposed changes in para 1.5.
In view of the averments made in the petition, the petitioner is allowed to substitute the words in para 1.5 of the petition No.11 of 2008 as prayed.
The Commission notes that there is indeed a typographical error in para 1.5(i) of the petition as the details of the incentive scheme elaborated at the end of para 1.5 clearly refers to the incentive becoming payable if the first unit is commissioned in a period of less than 48 months. In view of the amended para 1.5 of petition No.11 of 2008, it is ordered that words “42 months” appearing in 10th line of para 2 of the order may be read as “48 months”. The petition is disposed of accordingly.
| Sd/- | Sd/- | Sd/- |
| (Satpal Singh Pall) | (Baljit Bains) | (Jai Singh Gill) |
| Member | Member | Chairman |