No. HPSEBL/CE(SO&P)/IS-60A(Vol-II)/ As per list attached.

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1 HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED (A State Government Undertaking) Office of the Chief Engineer (SO&P), Vidyut Bhawan, Shimla (HP) Tel./Fax No , Web : No. HPSEBL/CE(SO&P)/IS-60A(Vol-II)/ Dated: To Subject:- Dear Sir, As per list attached. Tender Enquiry for Banking of surplus Power by HPSEBL during the period from 20 th July, 2013 to 30 th September, 2013 and its return during the months of November, 13 & January, 2014 to March, HPSEBL hereby invites offers from Distribution Licensees and from the Electricity Traders having Interstate Trading License (Category-III & above) from the Central Electricity Regulatory Commission (CERC) for Banking of surplus Power by HPSEBL during the period from 20 th July, 2013 to 30 th September, 2013 and its return during the months of November, 13 & January, 2014 to March, 2014 on firm basis as per the following terms and conditions: 1. Period and Quantum of Power A) Supply of Power by HPSEBL: HPSEBL shall supply power as per table below. The Utilities or traders can participate in the tender. The trader should have a valid License of Category-III or above from the CERC for Interstate Trading of Electricity. At the time of evaluation, preference shall be given to the bidders accepting power in HPSEBL matching as below: Month Period Month Wise/Slot Wise Quantum (in MW) 00:00 to 06:00 06:00 to 18:00 18:00 to 22:00 22:00 to 24:00 July, th to 31 st Aug, st to 31 st Sept, st to 15 th th to 30 th HPSEBL reserves the right to increase/decrease the quantum of power at the time of issuance of Letter of Intent (LoI). B) Return of Power to HPSEBL: Utilities/traders are requested to clearly indicate the percentage return. Utilities/traders shall return the banked power to HPSEBL on Firm Basis in the months of November, 2013 & January, 2014 to March 2014 on RTC

2 basis/in the same time in which power was received from HPSEBL. However the maximum quantum of power required by HPSEBL during these months will be as under :- Sr. No. Month Max. Quantum of power required by HPSEBL 1 November, MW RTC or maximum 100 MW in above time 2 January, MW RTC or maximum 100 MW in above time 3 February, MW RTC or maximum 125 MW in above time 4 March, MW RTC or maximum 125 MW in above time The other detailed terms and conditions for banking of above power are given as under:- 1. Eligibility Criteria: All distribution licensees shall be eligible to participate either by direct participation or through an electricity trader having category-iii or above interstate trading licensee issued by CERC. In case participation through trading licensee, there shall be back to back agreement between trader and distribution licensee duly signed by the authorized signatories of both the parties clearly indicating the participation by the trader on their behalf and terms & conditions between the distribution licensee and the electricity trader. 2. Evaluation Criteria: The bid shall be evaluated purely on merit basis duly considering the quantum of returnable power offered by the bidder. The highest percentage of returnable power shall be preferred. However, HPSEBL reserves the right to accept or reject any bid on the basis of past experience, performance and other conditions as may be deemed fit by HPSEBL. 3. Delivery Point: The delivery point in either case shall be at Regional Periphery. 4. Open Access Transmission Charges & Losses: a) Upto Delivery Point: All charges upto delivery point including injection charges, injecting utility SLDC charges & any other charges as may be applicable and all transmission losses upto delivery point including Injection Losses shall be borne by Exporting Utility. b) Beyond Delivery Point: All charges beyond delivery point including drawl charges, recipient utility SLDC charges, RLDC charges, application fee & any other

3 charges as may be applicable and all transmission losses beyond delivery point including drawl Losses shall be borne by recipient Utility. 5. Scheduling: MW schedule shall be given as per the month-wise, slot-wise quantum as agreed. The scheduling and Dispatch of the Power shall be coordinated with respective RLDC(s) as per the relevant provisions of IEGC and frame work of ABT and the decisions of RLDC(s) and RPCs: a. The Power shall be scheduled and dispatched as per the prevailing relevant provisions of CERC (Open Access in inter-state Transmission). b. Both the entities shall obtain the concurrence of their respective SLDC required for short term open access. Recipient utility shall apply for STOA as per short term scheduling procedures along with the SLDC consent and pay the open access charges as per rules. c. The supplying utility shall reimburse the open access and scheduling charges if any upto delivery point, to recipient utility within 7 days after receiving the bill. d. In case of cancellation of corridor by RLDC due to system constraints, the refund received by recipient utility from RLDC, if any, against supplying State s Open Access Charges shall be refunded within 7 days of receipt from the Nodal RLDC. e. In case of re-routing of open access corridor due to congestion / system constraints, the additional charges involved shall be borne by recipient utility. 6. Energy Accounting: For the power supplied by the HPSEBL to trader/utility during the entire month, HPSEBL shall issue a certified energy statement based on the REA issued by NRPC. a. For the return of banked power utility/trader to HPSEBL during the entire month, the trader/utility shall issue a certified energy statement of HPSEBL based on the REA issued by NRPC. b. Once all the transactions are completed, trader/utility shall prepare a final energy account for HPSEBL showing the supply and return of power in energy terms (MUs). c. Accounting of energy exchange will be carried out by trader/utility on the basis of implemented schedule/final revision by Northern Regional Load Dispatch Centre and respective Regional Load Dispatch Centre subject to final reconciliation on the basis of Regional Energy Accounts issued by NRPC and respective Regional Power Committee at the end of contract period. Final bill shall be raised on the basis of REA adjustment with the approval of HPSEBL. 7. Settlement Rate: This banking arrangement shall be on purely energy to energy transaction basis and shall be considered as cash less transaction. Both the parties will return/receive the excess energy received/supplied, if any within

4 seven days of end of banking cycle i.e. by However, any unadjusted quantum still remaining as on will be Rs 5.25 per kwh. 8. Compensation for Default: Failure to return the contractual quantum to HPSEBL shall be considered as breach of agreement and the whole of the unreturned quantum shall be considered towards unadjusted quantum and shall attract the provision of Clause 7 for settlement of unadjusted quantum Rs 5.25 per kwh. In case of revision / cancellation of approved open access corridor, the party seeking revision / cancellation of open access corridor shall bear all the open access charges as applicable under Inter-State Open Access Regulations from the injection point to the point of drawl applicable due to such surrender / cancellation. 10. Surcharge for Late Payment: For any kind of outstanding payments for more than 30 days after receipt of respective bill (if any), per month shall be applicable on defaulting party. 11. Force Majeure: The parties shall ensure due compliance with the terms of the agreement. However, no party shall be liable for any claim for any loss or damage whatsoever arising out of the failure to carry out terms of the agreement to the extent that such a failure is due to Force Majeure events like rebellion, mutiny, civil commotion, riot strike, lock-out, natural calamity, act of god and technical constraints/ transmission constraints imposed by RLDC / RPC. But any party claiming the benefit of this clause shall fully satisfy the other party of the existence of such event and give written information to the other party within 24 hours of such Force Majeure. Supply / drawl of power shall be resumed immediately by the parties concerned after such eventuality has come to an end or ceased to exist. 12. HPSEBL s Right to Accept/ Reject the Bid: HPSEBL reserves the right to reject any or all bids or to accept any bid in full or part at its sole discretion without assigning any reasons whatsoever there off. The decision of HPSEBL shall be final and binding on the bidders in this respect and no further correspondence shall be entertained by HPSEBL in this regard. 13. Modification of the Bid Documents: HPSEBL reserves the right to modify terms and conditions of the Bid Documents prior to the submission of the bid by the bidder by issuing amendment(s) and such amendment(s) shall form part of bid documents. 14. Bid Validity Period: The offer shall remain valid for a period of 10 days from the date of opening of bid ( Bid Validity Period ) and the Bidders shall have no right to withdraw the offer or alter any terms and conditions during the period of validity.

5 15. Submission of the Bid: The sealed offers shall reach the office of Chief Engineer (SO&P), HPSEBL, Vidyut Bhawan Shimla on or before by 11:00 Hrs. and shall be opened on the same day at 12:00 Hrs. The representatives of the participating parties may be present at the time of opening of the bid, if they so desire. 16. Letter of Intent (LoI)/ Agreement: The successful bidder shall be informed by HPSEBL and LoI to the successful bidder will be issued by HPSEBL. Within two days of issue of LoI, both the utilities shall provide their consent for supply/return of power for each month on Form-2 prescribed for Open Access applications duly consented by their SLDCs. 18. Governing Law: All disputes arising out of bid enquiry shall be governed in accordance with Indiann Law and subject the jurisdiction of courts situated at Shimla. The terms and conditions of LoI shall be deemed as having entered into an Agreement for all transactions of the contracted power for the duration/period as mentioned in the tables above and in the event of any commercial/operational dispute, the said LoI shall be treated as legal document in the Court of Law for all intents and purposes. Thanking you, Yours faithfully, Chief Engineer (SO&P), Vidyut Bhawan, HPSEBL, Shimla

No. HPSEBL/CE(SO&P)/IS-60A(Vol-IV)/ Dated:

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