ORISSA ELECTRICITY REGULATORY COMMISSION BIDYUT NIYAMAK BHAWAN UNIT VIII, BHUBANESWAR **********

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1 ORISSA ELECTRICITY REGULATORY COMMISSION BIDYUT NIYAMAK BHAWAN UNIT VIII, BHUBANESWAR ********** Present : Shri B K Das, Chairperson Shri K C Badu, Member Shri B K Mishra, Member Case No. 101/2009 GRIDCO Ltd. Petitioner - Vrs - M/s. PTC India Ltd. Respondent (1) M/s. Orissa Power Consortium Ltd.(OPCL) Respondent (2) Govt. of Orissa, Deptt. of Energy Respondent (3) In the matter of: Power Sale Agreement between GRIDCO & PTC India Ltd. for Sale of Power to GRIDCO from 20MW Samal Hydro Electric Power Project in Orissa. For the petitioner : Mr. A.C. Mallick, Director (Commercial), GRIDCO For the respondents : Mr. K. C. Agrawal, VP, PTC India Ltd. Mr. K. Jogeswar Rao, GM (Commerce), M/s. OPCL Mr. S.C. Mohanty, Law Officer, Deptt. of Energy, GoO Date of Hearing : Date of Interim Order : INTERIM ORDER 1. An application made by GRIDCO before the Commission for approval of Power Sale Agreement (PSA) between GRIDCO and M/s. PTC India Ltd. towards purchase of entire power generated by Samal Barrage Small Hydro Electric Project (5 x 4 MW) developed by M/s. Orissa Power Consortium Ltd.(OPCL) to meet the demand of the State. GRIDCO prays to approve the purchase from the project on payment of the cost of 88% power with 4 paise per KWh margin thereon to PTC and to avail the rest at 12% generation free of cost as per GoO resolution dt In its submission GRIDCO stated that: 1

2 a) M/s. Orissa Power Consortium Ltd. (OPCL) had an MOU with Govt. of Orissa on for implementation of Samal Barrage Small Hydro Electric Project (20 MW) at Tumugula in Angul District agreeing to sale all the power generated to erstwhile OSEB (now GRIDCO) except the quantum of power sold to other consumers of the state using the state grid/transmission system or by constructing and maintaining their own line with an mutual agreed rate provided in PPA. b) The State Technical Committee (STC) had accorded the Techno Economic Clearance (TEC) to the DPR of this Samal Barrage Small Hydro Electric Project (5 x 4 MW) on Thereafter M/s. OPCL approached to GRIDCO for signing the PPA in respect of sale of power from this project. GRIDCO refused the proposal on account of availability of excess power in the state at that point of time during Then M/s. OPCL approached to the GOO seeking permission to sale the entire generation of this project to M/s. PTC and GOO permitted M/s. OPCL for sale of power from the project to PTC for a period of 30 years subject to the condition that they will abide by all the conditions stipulated by the GOO and OERC from time to time. c) Accordingly, M/s. PTC and M/s. OPCL entered into a PPA on , which was amended and further modified by another agreement dtd agreeing that PTC will purchase entire power of this project, excluding auxiliary consumption, transformation loss and transmission loss upto the delivery point, for a period of 30 years w.e.f the Commercial Operation Date (COD) of the said project. d) In the meantime, Govt. of Orissa, vide its Resolution dtd , resolved that the developers supplying power to any agency outside the sate should supply 12% free power to the state designated utility. The tariff for all such mini/micro and small hydro projects, which has not been commissioned till should factor into such supply of 12% free power to the state designated agency. e) GRIDCO, in its Board meeting held on decided that the petitioner GRIDCO will execute agreement with PTC to procure entire power as per tariff to be determined by OERC and pay trading margin 4 paise to PTC on 2

3 88% of generation and 12% is free power to the State as per direction of OERC f) The petitioner entered into Power Sale Agreement (PSA) with PTC- Respondent No.1 on The petitioner is filing this present application seeking approval of PSA for availing the power from 20 MW Samal Barrage HEP developed by OPCL. g) The revised project cost of this Samal Barrage Small HE Project amounting to Rs crores has been cleared by STC on h) GRIDCO had earlier filed an application before the Commission for purchase of power from M/s. OPCL in respect of Samal Barrage Small Hydro Electric Project for use by the consumers of the state and approval of tariff and PPA with M/s. OPCL. It was registered as Case No.59 of 2007 and heard on The Commission, in its order dtd against Case No.59 of 2007, observed that the case was analogous to the case No.57 of 2007 between GRIDCO & M/s.Meenakshi Power Ltd. (MPL). Hence, the order passed in Case No.57 of 2007 should apply to the Case No.59 of 2007 as well. i) At para-10 of the Commission s order dtd in Case No.57 of 2007 (GRIDCO Vrs. Meenakshi Power Ltd.), the Commission had observed that the prayer of GRIDCO for approval of PPA with Meenakshi Power Ltd., tantamounts to annulment of agreement signed between PTC and MPL. In view of the subsisting PPA, the Commission did not admit the PPA between GRIDCO and MPL for purchase of power. The Commission in the said order advised GRIDCO to file a fresh PPA with PTC for purchase of power generated by M/s. Meenakshi Power Ltd. and the issue of free power in accordance with the GOO notification dtd shall be dealt with therein. j) Thereafter, GRIDCO entered into a power sale agreement with PTC on for availing entire power from M/s MPL and filed before the Commission for approval and fixation of tariff, which was registered as Case No.34 of k) Accordingly, in the present case, GRIDCO has entered into a Power Sale Agreement (PSA) with PTC on agreeing therein that PTC will 3

4 make available the entire generation of 20 MW (5 x 4 MW) from Samal Barrage Small Hydro Electric Project developed by M/s. OPCL to GRIDCO on the terms and conditions stipulated in the PSA. It is agreed between GRIDCO and M/s. PTC that GRIDCO will file the petition before the Commission for approval of the tariff towards purchase of such power. In the PSA, it is also agreed that the tariff for sale of such power to GRIDCO by PTC shall be as determined in the PPA between M/s. OPCL & PTC or as determined by the Commission plus PTC s trading margin of 4 Paise/Kwh. l) With the above background, GRIDCO has filed this petition before the Commission seeking approval of the Power Sale Agreement (PSA) dtd executed between M/s. PTC and M/s. GRIDCO for availing the power from 20 MW Samal Barrage Small Hydro Electric Project developed by M/s. OPCL to meet the state demand on payment of the cost of 88% of the power with 4 paise per KWh margin thereon to PTC and to avail the rest 12% of generation free of cost in accordance with aforesaid resolution dtd of the DOE, Govt. of Orissa. 3. In response to the above submission of GRIDCO, the representative of M/s. PTC stated that:- a) The Govt. of Orissa, Deptt. of Energy Resolution dtd says that the developers supplying power to any agency outside the state should supply 12% free power to a State Designated Utility. The intent of this resolution is clear that if power from any project is supplied outside the state then the State Designated Utility would get 12% free power. In the instant case, the developer is supplying power to GRIDCO (an agency located within the state) through PTC for injection into Orissa State Grid and for the benefit and utilization of consumers and people of the State of Orissa. Therefore, 12% free power to State Designated Utility is not to be applicable in this case. Hence, the petitioner, GRIDCO, as the State Designated Utility is not entitled to get 12% free power from the generation of Samal Barrage Project of M/s.OPCL as the power generated from the project is being consumed within the State through GRIDCO and the power is not going outside the State. b) The Board of Directors of GRIDCO can decide only the margin payable to PTC. The 88% of generation and 12% free power issue is under the 4

5 jurisdiction of OERC and each party has to abide by the decision of OERC on this matter. c) M/s. PTC prays the Commission to consider the Power Sale Agreement dtd executed between GRIDCO and PTC for supplying the entire power from the 20 MW Samal Barrage Small Hydro Electric Project on payment of the cost of power with 4 p/kwh margin thereon. 4. The representative of M/s. OPCL, in response to the GRIDCO s submission, stated that: a) The State Technical Committee (STC) of Govt. of Orissa has approved the project cost of Rs cr. on M/s. OPCL has submitted the revised project capital cost details amounting to Rs cr. to STC on for approval. The reason for project cost over run is because of increase in the IDC amount of about Rs.9.50 cr. (upto ) mainly due to delay in completion of NH bridge work constructed by NH authority on depository basis and also in meeting other additional statutory requirements. This matter was discussed in the STC meeting held on and the same is under consideration for approval and expected shortly. Hence, M/s. OPCL prays the Commission to consider the revised project capital cost of Rs cr. while finalizing the tariff of Samal Barrage Small Hydro Electric Project. b) The construction works of this project has been completed in all respect and clearance from OPTCL is awaited for connecting to their existing lines for energisation of switch yard and transmission lines of the project to enable M/s. OPCL to synchronise the plant. The project is expected to be commissioned by 1 st week of September, c) M/s. OPCL prays the Commission to consider provisional payment at the rate of Rs.3.10 per KWh be paid to M/s. OPCL from September, 2009 which is applicable to Small Hydro Electric Project (less than 25 MW capacity) and the CGPs having co-generation plants in accordance with the interim order dtd of the Commission in Case No.06/2009 to 20/2009, till the tariff for M/s. OPCL is determined by the Commission. 5

6 d) Supply of 12% free power to the home state/gridco is not applicable to the present transaction because the developer is not supplying power to any agency outside the state. The entire power generated from this project of M/s. OPCL is sourced by GRIDCO, which is the designated agency/ purchaser of the Govt. of Orissa, through PTC. The entire power generated is being used in the Orissa State only. e) M/s. OPCL prays the Commission to consider the tariff payable by GRIDCO is on 100% of the power generated without 12% free power, after adding PTC s trading margin, wheeling charges and transmission losses if any to the tariff so determined. For determination of tariff of this project, the filing of requisite information, will be furnished by M/s. OPCL to the Commission after the completed project cost for the tariff purpose approved by STC.. 5. The representative of Govt. of Orissa, Deptt. of Energy presented the following during the course of hearing: - a) The Govt. of Orissa, Deptt. of Energy, vide its letter No.390 dtd has allowed M/s. OPCL for sale of power from Samal Barrage Small HE Project to M/s. PTC subject to condition that they will abide by all the conditions stipulated by the Govt. of Orissa and OERC from time to time. b) Govt. of Orissa, Deptt. of Energy, vide its resolution dtd have resolved that the developers supplying power to any agency outside the state should supply 12% free power to a state designated utility. The tariff for all such mini/micro and small hydro projects, which has not been commissioned till should factor into such supply of 12% free power to the State Designated Agency. c) As the project under consideration has not been commissioned till and M/s PTC is an agency outside of the State, the provision of supplying 12% free power to the State Designated Utility is applicable. 6. The Commission heard all the parties and observed that a complete tariff proposal with detailed calculation has not been placed in the Power Sale Agreement between M/s GRIDCO and M/s PTC filed before the Commission for approval or in the submission of any of the parties concerned. However, in the PSA, it has been indicated that the tariff payable shall be as determined in the PPA or as determined by 6

7 the Appropriate Commission plus PTC s margin of 4 Paise/Kwh. But the tariff mentioned in the PPA between M/s PTC and M/s OPCL is indicative tariff and not based on the current CERC guidelines. 7. Further, the tariff indicated in the PPA is based on the estimated project capital cost of Rs crores and LILO tie-line cost of Rs.8.03 crores where as vide Office Memorandum dtd , STC has approved the capital cost of Rs crores in respect of this Samal Barrage Small Hydro Electric Project. Further more, as per the submission of M/s OPCL the project capital cost is further over run to Rs crores and the same is discussed in the STC meeting held on and under consideration of STC for approval. 8. From the submission of M/s OPCL, it is observed that though the project construction works have been completed, it is yet to be commissioned. The clearance from OPTCL is awaited for grid connectivity. 9. On the issue of 12% free power to the State designated utility, there is diversified views among the concerned parties. GRIDCO says 12% free power should be available to GRIDCO, as a State designated utility in accordance with the State Government resolution dtd and they should give trading margin of 4 Paise/Kwh to M/s PTC only on 88% of power generation from the Samal Barrage Small Hydro Electric Project. On the otherhand M/s PTC and M/s OPCL opine that as per the intent and spirit of State Government resolution dtd , GRIDCO as a state designated utility is not entitled to get 12% free power from the generation of Samal Barrage Project of M/s. OPCL as the power generated from the project is being consumed within the State through GRIDCO and the power is not going out of the State. Hence, tariff payable by GRIDCO should be on 100% power generation of the project plus PTC s trading margin thereof. 10. The Commission observed that M/s OPCL, the developer of the project, is not affected whether 12% free power is availed by GRIDCO or not. Because in case of applicability of 12% free power to GRIDCO, there will be a proportionate increase in tariff as it will be determined based on 88% of the design energy without affecting the ARR of the Project. In such case, GRIDCO shall not be liable to pay 4 Paise/Kwh trading margin to PTC only on 12% of the generation. In the hearing of the case, the representative of Government of Orissa, Department of Energy has pointed out that the developer M/s OPCL is supplying power to M/s PTC, which is an agency outside 7

8 of the State and M/s GRIDCO in turn purchases this power from M/s PTC. Since the project has not been commissioned till and PTC is an agency outside of the State, supply of 12% free power to GRIDCO is applicable in this case. However, Government of Orissa, Department of Energy has not filed any written submission in the present Case No. 101/ In view of the above, the Commission feels that at this stage, it will be appropriate to fix a provisional purchase price for GRIDCO in respect of the power to be purchased from Samal Barrage Small Hydro Electric Project of M/s OPCL through M/s PTC. The Commission directs the project developer to file the detailed tariff calculation for this project with authenticated supporting documents, the approval of STC of the capital cost of the project for the tariff purpose and incorporating the views of M/s OPCL and M/s PTC thereon, on commissioning of the project. The Commission also directs the Government of Orissa, Department of Energy to file their written submission in this Case No. 101/2009 incorporating their views on availing 12% free power by GRIDCO the State designated utility. 12. M/s OPTCL may immediately give its clearance of grid connectivity and back charge for pre-commissioning testing of the project for early commissioning. Being SHP (below 25 MW) no SCADA and monitoring of output be insisted upon. The project may be commissioned as early as possible to limit further IDC of the project. 13. The issue, therefore at this stage to be decided by the Commission that: a) To approve PSA entered between GRIDCO and PTC; b) To decide whether tariff of the project to be calculated on 100% of design energy of the project or on 88% of design energy with 12% free power and accordingly GRIDCO will pay cost of power including trading margin of 4 paise/ KWH to PTC on 100% of power or 88% of power generated; and c) To fix a provisional tariff to be applicable from the date of COD till the final tariff is approved by the Commission on the basis of application filed by the Project proponent. 14. On hearing both the parties of PSA and noting that the present PSA is analogous to PSA between GRIDCO & M/s MPL, the Commission concurs the Power Sale Agreement dt executed between the petitioner GRIDCO and respondent 8

9 No.1 PTC for availing the entire power from the Samal Barrage 20 MW Hydro Electric Project. 15. On hearing all the parties, the Commission approves that the saleable power of the project shall be determined on 88% of the design energy of the project and the balance 12% of the power to be treated as free power for the home state. As GRIDCO buys the entire saleable power off the project i.e. power injected on the designated delivery point (calculated at Gross Energy generated less auxiliary and transformation loss, less transmission loss on the dedicated line, if any) minus 12% free power (calculated at 12% of net design energy of the Project), trading margin of 4 paise/kwh shall be paid by GRIDCO to PTC on saleable power. The tariff of the project shall be calculated on 88% net design energy of the project. 16. The Commission directs both the Project Developer and GRIDCO to take up the matter with STC for early finalization of capital cost for the tariff purpose and mutually agree the other tariff normative within the parameters fixed by CERC and file the application at the Commission for final tariff determination on saleable power of the project at a very early date. 17. In meantime the project may be commissioned as quickly as possible. As the project is a Small Hydro Electric project, as per MNRE guidelines (25 MW or below), the Commission now approves a provisional rate Rs.3.10 per KWH (inclusive of 4 paise trading margin of PTC) on the saleable power of the project (as explained in para-15). GRIDCO shall pay Rs.3.10 per kwh on the saleable power of project to M/s PTC and M/s PTC shall pay Rs.3.06 per kwh to Samal Barrage Small Hydro Electric Project. This rate will be applicable with effect from the date of commercial operation till approval of final tariff by the Commission. Any revenue earned by M/s OPCL for such sale of infirm power i.e. power injected on synchronization but before Commercial Operation Date shall go on reduction of capital cost for tariff purpose, after adjusting reasonable O&M cost. 18. With the above observations/directions this interim order is passed pending final determination of tariff. Sd/- Sd/- Sd/- (B.K. MISRA) (K.C. BADU) (B.K. DAS) MEMBER MEMBER CHAIRPERSON 9

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