BEFORE THE ELECTRICITY REGULATORY COMMISSION GANDHINAGAR

Petition No.1569 of 2016

In the matter of: Petition for determination of tariff under the provisions of clause (a) of sub-section (1) of Section 62 of the Electricity Act, 2003 with respect to renewable source of energy

Petitioner: Ajanta Energy Private Limited OREVA House, Third Floor, Thaltej Circle, Titanium Square, S.G. Highway, Ahmedabad

Represented by: Advocate Shri Ashish Jha along with Shri O. T. Gulati

V/s

Respondent No. 1: Limited (GUVNL) Sardar Patel Vidyut Bhavan, Race Course, Vadodara 390 007

Represented by : Shri V. T. Patel

Respondent No. 2 : Company Limited Sardar Patel Vidyut Bhavan, Race Course, Vadodara 390 007

Represented by: Shri B.J.Upadhyay

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Respondent No. 3 : Gujarat Energy Transmission Corporation Limited Saradar Patel Vidyut Bhavan, Race Course, Vadodara 390 007.

Represented by : Shri Amit Sachan

Respondent No. 4 : Company Limited Visnagar Road, Mehsana-384 001.

Represented by: Shri K.D.Barot

Respondent No. 5 : Dakshin Gujarat Vij Company Limited Urja Sadan, Nana Varachha Road, Kapodara, Surat 395 006.

Represented by: Shri P.M.Patel

Respondent No. 6 : Company Limited Off Nana Mava Main Road, Laxminagar, Rajkot 360 004.

Represented by: Nobody was present

Respondent No. 7 : Limited-Surat Torrent House, Station Road, Surat 395 003.

Represented by : Shri Chetan Bundela

Respondent No. 8 : Torrent Power Limited Torrent House, Off. Ashram Road, Ahmedabad 380 009.

Represented by : Shri Chetan Bundela

Respondent No. 9 : Torrent Power Limited-Dahej

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At & Po. Dahej, Ta: Wagra, Bharuch 392 130.

Represented by : Shri Chetan Bundela

Respondent No. 10 : Energy & Petrochemical Department Block No. 5, 5th Floor, Sachivalay, Gandhinagar

Represented by : Nobody was present

Respondent No. 11 : Irrigation Department, Govt. of Gujarat Block No. 9, Second Floor, New Sachivalay, Sector 10, Gandhinagar

Represented by : Nobody was present

Respondent No. 12 : Kandla Port Trust Limited Port & Customs Building, New Kandla, Kutch

Represented by : Nobody was present

Respondent No. 13 : MPSEZ Utilities Private Limited Adani House, Nr. Mithakali Circle Navrangpura, Ahmedabad 380 009

Represented by : Nobody was present

Respondent No. 14 : Aspen Infrastructure Limited Piparia, Waghodia, Vadodara 391 760

Represented by : Nobody was present

Respondent No. 15 : Jubilant Infrastructure Private Limited

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Plot No. 5, Vilayat GIDC, Vagra, Bharuch 390 012

Represented by : Nobody was present

CORAM:

Shri P.J.Thakkar, Member Shri K. M. Shringarpure, Member Shri Anand Kumar, Chairman

Date: 06/02/2017

DAILY ORDER

1. The matter was kept for hearing on 17.01.2017. Advocate Shri Ashish Jha, on behalf

of the Petitioner, submitted that the present Petition has been filed by the Petitioner

seeking determination of project specific tariff for small hydro project of 12 MW (3×4

MW) at Dolatpura, downstream of Kadana being developed by the Petitioner.

1.1. He referred letter dated 19.12.2016 filed before the Commission and clarified that the

generic tariff determined by the Commission vide order dated 14.12.2016 is not

suitable for the Petitioner’s project due to the fact that (i) capital cost considered by

the Commission is lower (2) there is no consideration of royalty amount payable by the

Petitioner in the tariff determination and (iii) there are some differences in

technical/financial parameters proposed by the Petitioner and those considered in

generic tariff by the Commission. Hence, the Petitioner desires to pursue the project

specific tariff Petition filed by the Petitioner.

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1.2. On a query from the Commission, whether the Petitioner has identified any buyer for

the electricity generated from the project or executed any Power Purchase Agreement

(PPA) with any Distribution Licensee who has agreed to purchase the electricity

generated from the Petitioner’s plant and under which provision the Commission could

determine the tariff for the Petitioner project if there is no PPA. He submitted that

there is no PPA between the Petitioner and any Distribution Licensee. Further the

Petitioner has not approached any Distribution Licensee in this regard in the absence

of tariff determined by the Commission. He further submitted that the Govt. of Gujarat

has assured that GUVNL will purchase the surplus power, if any available after captive

use. But such letter is not submitted on record of this Petition, which will be put up by

the Petitioner. He further submitted that the Commission may decide other

commercial issues, though the Petitioner may utilize the electricity generated from the

project for self-use.

1.3. He referred Clause 4.2.1 of the Concession Agreement dated 16.03.2015 executed

between the Petitioner and Narmada Water Resources, Water Supply and Kalpsar

Department Gandhinagar, and submitted that the overall responsibilities for the entire

project during the whole concession period is of the concessionaire i.e. Petitioner. He

also referred Clause 6.1 of the Concession Agreement which provides that the

Petitioner shall use the electricity generated from project for self-use and sell the

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surplus energy to the GEB/Discoms at the tariff rate determined by the Commission.

He also referred Clause 8.1.1 of the Concession Agreement and submitted that the

concessionaire (Petitioner) shall pay to Irrigation Department Rs. 0.91/unit as royalty.

On a query from the Commission that, was it a commercial decision of the Petitioner

or it was as per bidding documents, the Petitioner admitted that it was a commercial

decision of the Petitioner and as he had quoted the highest royalty, the project was

awarded to him.

1.4. He further referred Clause 6.4 - Sale of Power and submitted that the said clause

provides that the Petitioner will enter into long term supply agreement with Gujarat

Electricity Board or any/all of its successors only for the maximum period of the

Concession Agreement less the construction period. Therefore, the Commission needs

to determine project specific tariff for the Petitioner based on which the Petitioner may

approach to the Distribution Licensee for sale of electricity. On a query from the

Commission about the capacity of captive utilization of energy he confirmed that the

maximum utilization of power for captive use may be 5 to 6 MW only.

1.5. He further submitted that the petitioner had made a presentation before the Energy

and Petrochemicals Department, Govt. of Gujarat to consider the present project

under earlier Small/ Mini/ Micro hydel projects in Gujarat notified on 10.01.2005,

which was not accepted by the Govt. of Gujarat. However, the Energy &

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Petrochemicals Department, Govt. of Gujarat has granted in principle approval that the

Gujarat Electricity Board or any/all of its successors will buy power generated from the

project on long-term basis during the period of concession agreement. As directed by

the Commission during the hearing, the Petitioner has agreed to submit the said letter

received from Energy & Petrochemicals Department, Govt. of Gujarat on record.

2. Shri V.T.Patel, on behalf of the Respondent No.1 GUVNL, submitted that the

Respondent, GUVNL has not received any instruction or letter from the Energy &

Petrochemicals Department, Govt. of Gujarat regarding purchase of power generated

from the Petitioner plant and/or execution of Power Purchase Agreement with the

Petitioner. He further submitted that GUVNL is complying their non-solar RPO also by

signing PPA with Biomass, mini hydro and MSW based power project developers.

Therefore, there may not be any requirement of the energy generated from the

Petitioner’s plant at present.

3. Shri Chetan Bundela, on behalf of Torrent Power Limited, submitted that they are

fulfilling the Non-solar RPO requirement. Moreover, TPL will also purchase the

renewable energy as a share of energy purchased from MSW projects with whom

GUVNL has signed PPAs and fulfil their RPO for other energy component specified by

the Commission in RPO Regulations.

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4. We have carefully considered the submissions made by the parties. The present

petition has been filed by the Petitioner under Section 62 (1) (a) of the Electricity Act,

2003 for determination of project specific tariff of the Petitioner’s project. The

Petitioner is a generating company as per the Section 2 (28) of the Electricity Act, 2003

and the Respondent No. 2 to 9 and 12 to 15 are Licensees as per the Section 2 (17) of

the Electricity Act, 2003. Section 62 (1) (a) of the Electricity Act, 2003 provides that the

Commission may determine the tariff for supply of electricity by a generating company

to a Distribution Licensee. Therefore, the Petitioner has to first identify the licensee to

whom it intends to sell the power and enter into a PPA for sale of power. In the

absence of any identified buyer, applicability of the tariff to the licensee and

admissibility of the petition cannot be decided. The PPA is, therefore, required to be

signed by the generator and distribution licensee and approved by the Commission,

in absence of which the determination of tariff will be a futile exercise. Hence, we

direct the Petitioner to clarify under which provision the Commission could determine

the tariff in the absence of PPA between the generating company and licensee, so that

the present petition is admitted.

4.1. Moreover, we note that the Petitioner submitted that the Energy and Petrochemicals

Department, Govt. of Gujarat has assured that GEB/GUVNL will purchase the Electricity

generated from the Petitioner’s plant and agreed to submit a copy of such letter from

E & P Department. We direct the Petitioner to submit the said letter received from

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Energy & Petrochemicals Department, Govt. of Gujarat, who is Respondent No. 10 in

this Petition on record and also direct them to make their submissions on the

observations of the Commission in para 4 above, within 10 days of this order with a

copy to the Respondents. The Respondents are at liberty to file their Rejoinder-in-Reply

with a copy to the Petitioner within 10 days from receipt of documents from the

Petitioner.

5. We order accordingly.

6. The next date of hearing will be intimated separately.

Sd/- Sd/- Sd/-

[P. J. THAKKAR] [K. M. SHRINGARPURE] [ANAND KUMAR] MEMBER MEMBER CHAIRMAN

Place: Gandhinagar Date: 06/02/2017

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