MADHYA PRADESH ELECTRICITY REGULATORY COMMISSION BHOPAL

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1 MADHYA PRADESH ELECTRICITY REGULATORY COMMISSION BHOPAL Subject: Dated: 7 th February, 2013 M/s Essar Power M. P. Limited DAILY ORDER (Date of Motion Hearing : 5 th February, 2013) Petition No.03/2013 Petitioner V/s 1. Government of Madhya Pradesh 2. M. P. Power Management Company Ltd., Jabalpur Respondents Shri A. K. Singh, Sr. V. P. (Commercial), Shri Ashwin Bothra, Manager, Shri Pradeep Kothari, Sr. Manager and Shri Santosh Singh, Manager appeared on behalf of the petitioner. The subject petition is filed for approval of Energy Charge for five (5) percent of net Power Mahan Project under Section 62 and 86(1)(a) of the Electricity Act, 2003 read with applicable MPERC (Terms & Conditions for 2. The petitioner has broadly submitted the following in the petition : a) The Petitioner and the GoMP had entered into the Power Purchase Agreement (PPA) dated 26 March, 2012 for setting up of Thermal Power Station by the Petitioner with a proposed capacity of 2X600 MW to be located in Singrauli District (hereinafter referred to as Power Station ) in the State of Madhya Pradesh (hereinafter referred to as State or M.P. ) and for supply of power to GoMP, equivalent to five percent (5%) of the Net Power (Net Power being the Gross Power generated minus the permitted Auxiliary Consumption) at a Variable Charge/Cost. b) In pursuance of the PPA, the Petitioner is in process of constructing Thermal Power Plant in the State having following Units on Build, Own and Operate basis at Mahan in Singrauli District of Madhya Pradesh: 1

2 Unit Capacity Scheduled Commercial Operation Date (COD) as per PPA MW 31 May, MW Six months after 31 May, 2013 c) In accordance with the terms of the PPA, the GoMP has the right to purchase power from the Power Station at all times so long as the Power Station exists or renovated and/or modernised Plant, equal to five percent (5%) of the Net Power (Net Power being the Gross Power generated minus the permitted Auxiliary Consumption) at a price equivalent to Variable Charge/Cost only. Further, if the Petitioner is allocated Captive Coal block in the State for supply of coal to the Power Station then the GoMP has the right to purchase from the Power Station at all times the Power Station exists equal to seven point five percent (7.5%) of the Net Power. However, the said increase in the Contracted Power shall be applicable during the Mining Period and not otherwise. d) Subsequently, the GoMP has nominated, Madhya Pradesh Power Trading Company Limited (hereinafter referred to as MP Tradeco ) to receive on behalf of GoMP, the aforesaid share of the Net Power at Variable Charge/Cost to be determined by the Hon ble Commission and has further directed that MP Tradeco shall deal with the said power purchased in such manner as may be directed by GoMP. Accordingly, in confirmation of the above MP Tradeco signed the Agreement as the Confirming Party. e) The letter dated 29 November, 2012 from MPPMCL also referred Clause of the PPA between the Petitioner and GoMP which stipulates as given below: The Tariff for the Contracted Energy shall comprise only the Variable Charge/Cost. The Variable Charge/Cost shall be determined by the Madhya Pradesh Electricity Regulatory Commission on a reference being made by the GoMP under the appropriate provisions of the Electricity Act 2003, requesting the said Commission for such determination of the Variable Charge/Cost in terms of this Agreement. 2

3 f) The said letter dated 29 November, 2012 also referred Section 62 of the Electricity Act 2003 (hereinafter referred to as Act ) for supply of electricity to a Distribution Licensee, the Generator can apply for determination of Tariff six (6) months in advance to the date of Commissioning. g) The petitioner has also obtained various necessary clearances required for construction and running of the Power Station as given in the Table below: Statutory Clearance Authority Status Environment Clearance Water Allocation Civil aviation clearance for chimney height Ministry of Environment and Forests U.P. Jal Vidyut Nigam Ltd. National airport authority/ DGCA Clearance Received Agreement signed and water allocated Clearance Received h) The Petitioner submits that Ministry of Coal, Government of India vide its Allocation 13016/30/2005-CA-I dated 12 April, 2006 has allocated the Mahan Coal block in South Eastern Coalfield Ltd. (SECL) area, located at distance of four kilo-meters from the Power Station, jointly to the Petitioner and Hindalco Company Industries Ltd. (Hindalco) for supply of coal to the respective proposed power projects of Hindalco and the Petitioner s Power Station. The mine is proposed to be operated by Mahan Coal Limited (MCL), Joint Venture between the Petitioner and Hindalco. i) Subsequently, on 10 November, 2008, the Petitioner has also signed a Fuel Supply Agreement (FSA) with the MCL which is Company formed for the purpose of owning, developing and operating the Mines in terms of the GoI approval for period equal to the term of mining lease. In accordance with the provisions of the FSA, the Parties shall 60 (sixty) days before the beginning of a year agree on a price ( Base Price ) for grade of coal based on the reference Gross Calorific Value (GCV) which shall be applicable to the sale of Coal during the year. Such Base Price shall be the total of fixed charges and variable charges. Further the 3

4 As Delivered Price for the coal delivered by the MCL to the Petitioner at Delivery Point shall be aggregate of the Base Price, royalty, statutory charges, levies, duties and taxes as applicable (the As Delivered Price ). The component of the As Delivered Price of coal such as royalty, statutory charges, levies, duties and taxes shall be notified by the MCL from time to time. j) The Petitioner further submits that although the Coal Mine has been allocated for the Power Station in April 2006, Stage-1 Environmental Clearance for the Project was received only on 30 October, Accordingly, considering the status of the work for the development of Coal Mine, a minimum of twenty four (24) months are required to start the production of Coal from the Coal Mine. Till the production of Coal from the MCL gets started, it is proposed that the Power Station will be operated by procuring Coal procured through E-auction from Coal India Ltd. or its subsidiaries or imported coal. Accordingly, the Petitioner has estimated the operational parameters and related expenses for the period from COD of Unit-1 to FY in the Petition. The Petitioner further submits that upon development of the said Coal Mine, it shall further approach the Hon ble Commission for determination the Variable Cost/Charge in accordance with the various parameters (price, calorific value and other related details of the coal to be procured from MCL). k) The present Petition is being filed by the Petitioner before the Hon ble Commission, for the approval of the Variable Cost/Charge for Unit-1 of the Power Station, so as to supply Power to the tune of 5% of Net Power to GoMP from the COD. l) The present Petition has been filed under Section 62 and 86(1)(a) of the Electricity Act, 2003 read with a. Regulation 2, 7.1 and 15 of the MPERC (Terms and Conditions for determination of Generation Tariff) Regulations, 2009 for FY and b. Regulation 2, 7.1 and 15 of the MPERC (Terms and Conditions for determination of Generation Tariff) Regulations, 2012 for FY and FY

5 3. The petitioner has requested the Commission to: (i) Approve ad-interim Variable Cost/Charge (including Secondary Fuel Oil and Interesting on Working Capital) sought in the Petition till the time the Hon ble Commission disposes of this Petition. (ii) Approve the Variable Cost/Charge to the tune of 5% off take of Net Power for ESSAR Power M.P. Ltd. Thermal Power Station located. (iii) Approve the Secondary Fuel Oil Expenses to the tune of 5% off take of Net Power for ESSAR Power M.P. Ltd. Thermal Power Station. (iv) Approve the Interest Charges on Working Capital to the tune of 5% off take of Net Power for ESSAR Power M.P. Ltd. Thermal Power Station to the extent of fuel expenses related to coal and secondary fuel oil and receivables equivalent to energy charge. (v) Permit additional recovery of other charges on actual basis, over and above the variable cost/charges. (vi) Permit recovery of expenses understated/not considered in this Petition at a later stage, if required. (vii) Approve appropriate mechanism to enable the Petitioner to recover the variation between the actual GCV on fired basis, based on independent sampling and testing and the GCV specified in the Allotment Order for release of coal under E-Auction. (viii) Condone any inadvertent omissions / errors / short comings and permit the applicant to add / change /modify / alter this filing and make further submissions as may be required at later stages. (ix) Pass such orders as Hon ble MPERC finds appropriate in light of the facts and circumstances of the case, to grant relief to Petitioner. 4. The petitioner has submitted the following documents with the petition : a. Certificate of Incorporation of the Company. b. Memorandum and Articles of Association of the Company. c. Power Purchase Agreement with GoMP for sale of 5% of Net Power dated 26 March, d. M.P. Power Management Company Ltd. letter dated 29 November, 2012 regarding application for determination of tariff e. Environment Clearance granted by Ministry of Environment & Forest f. Amendment to Environment Clearance g. Water Allocation Agreement 5

6 h. Civil Aviation clearance for chimney height granted by Airport Authority of India and amendment thereof i. Pollution clearance under Water Act, 1974 and Air Act, 1981 granted by Madhya Pradesh State Pollution Control Board and amendment thereof j. Coal Allocation Letter by Ministry of Coal, Government of India k. Advance preliminary notice for synchronisation of 600 MW Unit-1 to Western Regional Load Despatch Centre l. Fuel Supply Agreement with Mahan Coal Limited 5. During the hearing held today i.e. 5 th February, 2013, the representative who appeared on behalf of the petitioner was asked to explain grounds for approaching the Commission seeking approval of energy charges only in light of the following: (i) The Regulations based on which the subject petition is filed provide for determination of Generation Tariff which comprises of Annual Capacity (fixed) Charges and the Energy (variable) charges. (ii) The Annual Fixed Charges are determined annually in accordance with the principles, norms and methodology prescribed in the Regulations. (iii)the Energy Charges mainly cover fuel costs payable for total energy supplied to the beneficiary on monthly basis in accordance with the formula provided in the Regulations. The aforesaid formula is based on certain normative operational parameters and the weighted average landed price and gross calorific value of primary fuel as applicable during the month. 6. The petitioner submitted that some of the fixed cost components in the Regulations like expenses towards secondary fuel oil consumption and the interest charges on working capital are also claimed in the subject petition to be recovered from the beneficiary as part of energy charge on account of certain reasons explained in Para 3.22 to 3.35 of the petition. Therefore, the subject petition may be considered under Section 62 of the Electricity Act, 2003 and the provisions of the Tariff Regulations notified by the Commission. 6

7 7. The Commission observed that the Energy Department, GoMP vide letter No.F-3-84/12/13 dated 1 st February, 2013 has filed an application with the Commission for determination of variable charges for five (5) percent of Net Power from 2x600 MW Thermal Power Plant of M/s Essar Power M. P. Limited, Mahan Project under clause of the PPA between the petitioner and GoMP. 8. Having heard the petitioner, the petition is admitted and the petitioner is directed to serve copy of the petition on all respondents in the matter. Notice be issued to the respondents also. 9. The petitioner also represented that it was expecting to start generation-and supply to the respondents-within a week. The petitioner therefore, wanted that the Commission approve a provisional billing and payment mechanism pending final approval and orders on the petition. The Commission, having considered the demand directs that the petitioner may, in the event of supply to the respondents, provisionally raise bills for payment strictly as per the provisions of MPERC (Terms & Conditions for determination of Tariff) Regulations. The Commission would like to make it clear that under this provisional arrangement no departure from any of the parameters laid down in the Regulations would be allowed and strict adherence to the norms prescribed shall be ensured. 10. The case is fixed for hearing on 19 th February, sd/- sd/- sd/- (Alok Gupta) (A. B. Bajpai) (Rakesh Sahni) Member Member Chairman 7

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