Before the Uttar Pradesh Electricity Regulatory Commission
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BEFORE THE UTTAR PRADESH ELECTRICITY REGULATORY COMMISSION Quorum Shri Desh Deepak Verma, Chairman Shri I. B. Pandey, Member Petitioner Western U.P. Power Transmission Co. Ltd., S-3, 2 nd Floor, Aditya Mega Mall, Indirapuram, Ghaziabad-201010 Versus Respondents 1. Managing Director, Paschimanchal Vidyut Vitran Nigam Ltd., Urja Bhawan, Victoria Park, Meerut-250001 2. Managing Director, Dakshinanchal Vidyut Vitran Nigam Ltd., Urja Bhawan 220, K.V. Up-Sansthan Bypass Road Agra – 282007 3. Managing Director, Poorvanchal Vidyut Vitran Nigam Ltd., Purvanchal Vidyut Bhawan, P.O. Vidyut Nagar, DLW, Varanasi. 4. Managing Director, Madhyanchal Vidyut Vitran Nigam Ltd., 4 Gokhale Marg, Lucknow 5. Managing Director, Uttar Pradesh Power Transmission Company Ltd., 14, Ashok Marg, Shakti Bhawan, Lucknow (UP) Present in the Hearing: 1. Shri Chandra Mohan Mathur, Chief Engineer, UPPTCL 2. Shri S. K. Bhattacharya, Superintending Engineer, UPPTCL 3. Shri J. P. Vimal, Executive Engineer, UPPTCL 4. Shri C. K. Mishra, Executive Engineer, UPPTCL 5. Shri Swapnil Dagur, CGM, WUPPTCL Page 1 of 18 ORDER (Hearing on 3.11.2015) M/s Western U.P. Power Transmission Co. Ltd., S-3, 2 nd Floor, Aditya Mega Mall, Indirapuram, Ghaziabad-201010 filed petition No. 1041/2015 in the matter under sub- section(3) of section 17 of the Indian Electricity Act,2003 and sub-section (iii) of section 4.3.1 of Uttar Pradesh Electricity Regulatory Commission (General Condition of Transmission Licensee) Regulation No. UPERC/Secy.-05-931 dated December 14, 2005 with respect to the intra-state transmission system being established by the Western U.P. Power Transmission Company Ltd for approval of Supplementary Agreement. Brief History Western U.P. Power Transmission Company Ltd. (WUPPTCL) has been granted Transmission Licensee on 20.06.2012 under section 14 of the Electricity Act, 2003 (hereinafter referred to as ‘the Act’) to transmit electricity as a transmission licensee and for that purpose to undertake the business for establishing, commissioning, operation and maintenance of the following transmission lines and substations for the scheme of “765kV S/C Mainpuri-Hapur and Nainpuri-Greater Noida Line with 765/400kV AIS at Hapur and Mainpuri and Associated Schemes/Work” on Build, own, Operate and maintain and Transfer (BOOT) basis (hereinafter referred to as ‘Project’)”. The elements of the project are as follows: Transmission Lines (i) 765kV S/C Mainpuri- Hapur line with Quad Bersimis conductor (ii) 765kV S/C Mainpuri-Greater Noida line with Quad Bersimis conductor (iii) 765kV S/C Greater Noida-Hapur line with Quad Bersimis conductor Page 2 of 18 (iv) LILO of (2xS/C) 765kV S/C Meerut (PGCIL)-Agra (PGCIL) line at Greater Noida substation with Quad Bersimis conductor (v) 400kV D/C Hapur-Ataur (Ghaziabad) line with Quad Moose conductor (vi) 400kV D/C Greater Noida-Sikandrabad line with Quad Moose conductor (vii) 400kV D/C Ataur (Ghaziabad)-Indirapuram line with Quad Moose conductor (viii) 400kV D/C Hapur – Dasna line with Quad Moose conductor (ix) 400kV D/C Greater Noida (Sector-148) line with Quad Moose conductor (x) LILO of 400kV S/C Moradabad-Muradnagar line at Hapur substation with Twin Moose conductor (xi) LILO of 400kV S/C Muradnagar-Muzzafarnagar line at Ataur (Ghaziabad) substation with Twin Moose conductor (xii) LILO of 400kV S/C Rishikesh-Kashipur line at Nehtaur (Bijonr) substation with Twin Moose conductor Substations (i) 2x1500MVA, 765/400kV and 2x500MVA, 400/220kV AIS at Hapur (ii) 2x1500MVA, 765/400kV and 2x500MVA, 400/220kV AIS at Greater Noida (iii) 2x500MVA, 400/220kV AIS at Sikandrabad (iv) 2x500MVA, 400/132kV AIS at Nehtaru (Bijnor) (v) 2x500MVA, 400/220kV and 3x60MVA, 220/33kV GIS at Ataur (Ghaziabad) (vi) 2x500MVA, 400/220kV and 3x60MVA, 220/33kV GIS at Indirapurm (vii) 2x500MVA, 400/220kV and 3x60MVA, 220/33kV GIS at Dasna Page 3 of 18 The Transmission Service Provider (TSP) has executed the Transmission Service Agreement (TSA) with the Long Term Transmission Customers (LTTC’s) on 27 th December 2011 for developing the Intra-state transmission system project for 765 KV S/C Mainpuri-Hapur and Mainpuri-Greater Noida Lines and Associated Scheme /Work as detailed in Schedule 2 of the TSA (herein after referred to as “Project”).The Project was awarded on Build Own Operate & Transfer (BOOT) basis to WUPPTCL on May 31, 2011 by LTTCs.The TSP has agreed to provide the transmission service to the LTTCs as per the terms and conditions of the TSA. The TSA, Schedule 3 specifies the Scheduled COD in relation to the Project to be thirty months from the date of award of the work (i.e. May 31, 2011). Further, the term ‘Scheduled Commercial Operation Date (COD)’ as defined under the TSA “in relation to the Project”, shall mean the date as mentioned in Schedule 3 as against such Project, subject to the provisions of Article 4.4 of this Agreement, or such date as may be mutually agreed among the Parties.” The order for adoption of transmission charges and grant of transmission license for the Project was done only on May 30, 2013 and June 20, 2012 respectively. During the hearing the petitioner submitted that they have approached the Commission for approval of Supplementary Agreement. The Commission enquired UPPTCL that whether they have any objections in the present petition. UPPTCL submitted that they have no objection in the present matter and have provided a copy of Supplementary Agreement approved by Department of Law, Govt. of UP to the petitioner for approval of the Supplementary Agreement by UPERC. Once the Supplementary Agreement is Page 4 of 18 approved by the Hon’ble Commission it will be signed between the petitioner and LTTCs. The petitioner submitted that the supplementary agreement is as follows: “SUPPLEMENTARY AGREEMENT This Supplementary Agreement to the Transmission Services Agreement is made at {*} on {*} day of 20…. Between: Person whose name, addresses and other details are provided in Scheduled-1 of this Supplementary Agreement collectively referred to as the “Long Term Transmission Customer” and individually referred to as the “Long Term Transmission Consumer” respectively which expression shall unless repugnant to the context or meaning thereof shall mean and include its successors and permitted assigns as Party of the one Part. AND Western U.P. Power Transmission Company Limited (WUPPTCL). A company incorporated under the Companies Act, 1956, having its registered office at S-3,2 nd floor, Aditya Mega Mall, Ghaziabad 201010, Uttar Pradesh (hereinafter referred to as “Transmission Service Provider”) or “TSP” or "WUPPTCL") which expression shall unless repugnant to the context or meaning there of shall mean and include its successors and permitted assigns as Party of the other Part; TSP and LTTCs shall hereinafter be individually referred to as ‘Party’ and collectively as ‘Parties’. Whereas, 1. The TPS has executed the Transmission Service Agreement (TSA) with the LTTC’s on 27 th December 2011 for developing the intra-state transmission system project for 765kV S/C Mainpuri-Hapur and Mainpuri -Greater Noida Lines and Associated Scheme/Work as detailed in Schedule 2 of the TSA (herein after referred to as “Project”). 2. Project was awarded on BOOT basis to WUPPTCL on May 31, 2011 by LTTCs. 3. The TSP has agreed to provide the transmission service to the LTTCs as per the terms and conditions of the TSA. 4. Under the TSA, Schedule 3 specifies the Scheduled COD in relation to the project to be thirty months from the date of award of the work (i.e. May 31, 2011). Further, the term ‘Scheduled COD’ as defined under the TSA “in relation to the Page 5 of 18 Project”, shall mean the date as mentioned in Schedule 3 as against such Project, subject to the provisions of Article 4.4 of this Agreement, or such date as may be mutually agreed among the Parties.” 5. The order for adoption of transmission charges and grant of transmission license for the Project was done only on May 30, 2013 and June 20, 2012 respectively. 6. The Parties acknowledge that in view of the above and many other constraints, it was not possible to commission the Project within the stipulate Scheduled Commercial Operation Date (SCOD) (i.e. 30 (thirty) months from the award of work), which expired on 30.11.2013. 7. Thus, due to delay in process on various accounts, which was beyond reasonable control of WUPPTCL and LTTCs, the Parties have mutually decided to revise the Scheduled Commercial Operation Date of the Project as per the group of different elements as annexed with this Supplementary Agreement specified below. Now, THEREFORE, in consideration of the mutual agreement contained in the TSA and other good and valuable consideration, which the Parties hereby acknowledge for amendment of the TSA, the Parties agree as follows: 1. The term Scheduled COD as defined and provided for in the TSA shall be substituted with the following. “Scheduled COD” in relation to an Element (s) shall mean the date (s) as mentioned in revised Schedule 3 as against group of element”. 2. The Parties agree that the target date for completion of the Lot-1 elements (i.e., 765kV Gr. Noida Substation (Part 1) and 400 kV Sikandrabad Substation+765kV SC (Quad Bersimis) Mainpuri-Gr. Noida Line+ 400kV DC (Quad Moose) Gr. Noida (765kV) -Sikandrabad + LILO of 765 kV Meerut ) (PG)- Agra (PG) at 765 kV Gr. Noida with Quad Bersimis, required for meeting requirements of Unit II of PPGCL and the lines given under clause-2 above shall be March 31, 2015. 3. Parties agree that the revised date for completion of the Lot-2 element i.e., 765kV Hapur Substation (Part 1) + 765kV Gr. Noida Substation (Part 2A) + 400kV Ataur Substation (Part 1) + 400kV Dasna substation (Part 1)+765kV S/C Mainpuri–Hapur with Quad Bersimis+765kV S/C G.