PUNJAB STATE ELECTRICITY REGULATORY COMMISSION

SCO NO. 220-221, SECTOR 34-A, CHANDIGARH

 

 

 

                                                                            Petition No. 18 of 2010

                                                                            Date of Order: 10.09.2010

 

 

In the matter of:  Petition under Para 5.16 of the Guidelines issued by the Ministry of Power, Government 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, 27.09.2007, 27.03.2009 and 12.03.2010) (hereinafter “the Guidelines”) under Section 63 of the Electricity Act, 2003.

                                               

                                                AND

 

In the matter of:     Gidderbaha Power Limited

                         

 

Present:                  Shri Jai Singh Gill, Chairman

                                   Shri Satpal Singh Pall, Member

                                   Shri Virinder Singh, Member                                     

          

 

ORDER

 

 

 

1.         Gidderbaha Power Limited  (GPL) has filed this petition seeking approval of deviations from the “Guidelines for Determination of Tariff by Bidding Process for Procurement of Power  by the Distribution Licensees” issued by the Ministry of Power, Govt, of India through Notification No.23/11/2004-R&R Vol.II dated 19.1.2005 hereinafter referred to as the Guidelines. The petitioner company has been incorporated under the Companies Act 1956 as a wholly owned company of Punjab State Power Corporation Limited (PSPCL) which is one of the successor entities of the Punjab State Electricity Board.   GPL  is a Special Purpose Vehicle (SPV) for the establishment of a coal based thermal power plant with  a gross capacity of 2640 MW to be set up at village Ghagga, District Mukatsar (Punjab) on  build own and operate (BOO) basis hereinafter referred to as  the Project.

 

2.         The petitioner has sought approval of the following deviations from the guidelines:

 

(i)                 To provide the fuel linkage for the Project upto 2 months before the last date of submission of RfP bids.

 

(ii)               To allow sale in the market of 30% of the contracted power of the Project available at the Bus bar.

 

(iii)             To allow necessary changes in various clauses of the RfQ, RfP and PPA documents to reflect sale of 30%  of the power available at Bus bar, in case the deviation sought in clause (ii) above is approved.

 

 

3.         The petition was taken up for hearing on 18.5.2010 and 15.6.2010. The petitioner sought time for submitting additional information which was filed on 11.6.2010 and 2.7.2010. Arguments have been heard. The petitioner has reiterated the submissions made in the petition and subsequent filings.

 

4.         Before considering the question of deviations sought by GPL, it is first necessary to decide whether the proposed procurement of power is justified in terms of para 3.1 of the MoP Guidelines taking into account the revised commissioning of the project in 2015-16. The guidelines stipulate that approval of the Commission is to be obtained if the quantum of power including that proposed to be sourced exceeds the demand projections as per the latest EPS for each of the 3 years after power to be procured becomes available. As the project is expected to be operational during 2015-16, the Commission needs to look at the total energy available in the years 2016-17, 2017-18 and 2018-19 and compare that with demand projections based on the latest (17th) EPS. In the data furnished, surplus power of 2079 MW, 1838 MW & 1258 MW in the years 2016-17, 2017-18 and 2018-19 respectively has been projected. The Commission is inclined to reiterate its decision in Petition No.16 of 2008 wherein despite availability exceeding the demand, the setting up of additional capacity in the range of 2400 (± 10%) MW had been approved while observing that the figures of peak availability taken into account by the petitioner included supply being sourced from as many as 55 projects that were slated for completion in the 11th & 12th plan periods. It was also noted that in the light of the actual performance in the 8th, 9thand 10th plans, it would be unrealistic to assume that all projects to be completed in the 11th & 12th plan would actually materialize. It was further observed that even if they do so, it is likely that there would still be a deficit of power at the national level and surplus capacity available can be taken care of by sale of power on advantageous terms. Moreover, a moderate surplus is in any case envisaged in the National Electricity Policy by way of a spinning reserve of at least 5%. With the project now expected to be operational in 2015-16, the Commission notes that the uncertainty in the availability of additional power would, in fact, increase as more projects would be in the pipeline between 2012-13 to 2015-16. Taking all these aspects into consideration, the Commission sees no difficulty in approving the setting up of additional capacity in the range of 2400 (± 10%) MW by GPL.

 

5.         With regard to the prayer seeking deviation in respect of time line for intimation of fuel linkage to the bidders, the petitioner has stated that it has in April 2008 applied for the allocation of a 12.8 Million Ton per annum coal mine for the project to the Ministry of Coal, Govt. of India and that the Central Electricity Authority has recommended the same for projects to be taken up in the 12th Plan. This application is likely to be taken up in the meeting of the Standing Linkage Committee of the Ministry of Coal to be held in the near future. Para 3.2 of the Guidelines stipulates certain tasks to be completed and time lines therefor while GPL has sought a deviation in its prescription relating to fuel arrangements. The Guidelines envisage that fuel linkage is to be finalized before publication of the RfQ while the petitioner seeks relaxation to the extent that fuel arrangements will be firmed up 2 months before submission of RfP. The Commission had, in its Order dated 22.9.2008 where a similar deviation had been sought by GPL, taken the view that even though fuel tie-up is a significant milestone, it should not be necessary to hold up the initiation of the bidding process only on this account. Accordingly, the Commission had allowed this deviation only to the extent that this activity be completed before issuance of RfP. The Commission reiterates its earlier view and accordingly allows this deviation to the extent that this activity be completed before issuance of RfP.

6.         Further, the petitioner has prayed that 30% of the contracted capacity available at Bus bar may be allowed to be sold by the seller in market as merchant sale to any third party/parties for the period of PPA. The petitioner has submitted that allowing this will make the project more attractive for the bidders as the seller would have the dual benefit of steady price on long term basis by sale of electricity to the procurer and market determined price through merchant sale. With the demand supply deficit expected to continue in the country in the short to medium term, private developers are likely to prefer the merchant sale model. Accordingly, the petitioner contends that allowing merchant sale may result in a decrease in the quoted tariff which will benefit the consumer at large.

 

7.         During the course of hearing, the petitioner was asked to submit details of projects where merchant sales had been permitted and the lowest tariff quoted as a result thereof. GPL did not  furnish the requisite details. However, the Commission observes that the Prayag Raj, Sangam and Jhajjar projects located in U.P. and Haryana wherein merchant sale to the extent of 10 to 15% was allowed have resulted in tariffs between Rs.2.97 to Rs.3.02 per KWH. The Commission notes that the tariff obtained in the recently bid thermal power stations at Talwandi Sabo and Rajpura is Rs.2.86 and Rs.2.89 per KWH with 100% of the contracted capacity being available to the procurer in both these projects. On the basis of data, the Commission is unable to conclude that permitting merchant sale upto 15% has resulted in significantly lower tariffs. However, the Commission notes that the National Tariff Policy suggests that a part of new generating capacities (say 15%) may be sold outside long term PPAs with a view to increase the depth of the power markets and providing alternative for generators and licensee/ consumers which in the long run would lead to reduction in tariffs. It is also relevant to note at this stage that a comparison of the power supply position on the basis of the peak demand projected in the 17th EPS and the power availability (after allowing a 30% merchant sale to GPL) results in a surplus ranging from 1258 MW to 2079 MW between 2016-17 and 2018-19. Even though the actual power availability is subject to the timely completion of the projects in the pipeline, yet the overall position indicates that there is a scope to allow merchant sale upto a limited amount as it is likely to provide more comfort to the bidder and might result in lower tariff which is beneficial to the consumers of the State.

 

8.         Keeping the above in mind, the Commission deems it expedient to permit merchant sale to GPL only upto 15%, outside the long term PPA between GPL and the procurer.

 

9.         The petition is disposed of accordingly. GPL may effect minimal and need based amendment in the standard bidding document to the extent of aforementioned deviations that have been allowed.

 

 

           Sd/-                                         Sd/-                                                     Sd/-

(Virinder Singh)                 (Satpal Singh Pall)                         (Jai Singh Gill)

Member                               Member                                             Chairman

 

 

Chandigarh

Dated :  10.09.2010