SCO 220-221, SECTOR-34-A,
Petition No.2 of 2008
Date of Order: 22.12.2008
In the matter of: Petition for approval of bidding document (RFQ) for the proposed bidding process to be undertaken by the Petitioner for procurement of 1800 MW (±10 %) of power under Case 1, under the “Guidelines for Determination of Tariff by Bidding Process for Procurement of Power by Distribution Licensees”, issued by Ministry of Power, Govt. of India vide notification No.23/11/2004-R&R (Vol. II) dated 19.01.2005 under Section 63 of the Electricity Act, 2003, as amended from time to time.
AND
In the matter of: Punjab
State Electricity Board, The Mall,
Present: Shri
Jai Singh Gill, Chairman
Smt.
Baljit Bains, Member
Shri Satpal Singh Pall, Member
ORDER
The petitioner has filed submissions on 10.11.2008 praying therein that the Commission may approve Draft RFP and PPA documents for procurement of 1800 MW (±10 %) power under Case 1 as submitted by PSEB and in case Standard Bid Documents (SBD) are notified by the Ministry of Power before due date of submission of RFP proposals, the Bidding Documents will be amended in line with the SBD notified by the Ministry of Power. In case any deviations are proposed in the SBD, the Commission will be separately approached for approval of those deviations.
2. The Commission notes that the fact that Case 1 SBD documents are likely to be finalized very shortly is not disputed. Furthermore, the existing draft SBD provide for a single bid tendering process wherein the bids are sought in a short period of 75 days. In the circumstances, it is entirely possible that bids are sought and received before the Case 1 SBD are finalized by the Ministry of Power. The impending finalization of the draft Guidelines has clearly led to policy uncertainty which may effect the bids received. In these circumstances, the Commission is of the view that it is best to await the finalization of Case 1 SBD before proceeding further. The petition is disposed off accordingly.
Sd/- Sd/- Sd/-
(Satpal Singh Pall) (Baljit Bains) (Jai Singh Gill)
Member
Member Chairman
Place:
Dated: 22.12.2008