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11 "Shrinivas S. Koduri" org.in> 26/06/ :52 PM To cc bcc Subject "Lalit Jalan_REL" "Dr.S.L.Patil" "VIA" "Mumbai Grahak Panchayat" "Prayas" "Kapil_Sharma_REL" Petition of REL for approval of PPA between REL-G and REL-D. [Case No. 8 of 2008]. No. MERC/Case No. 8 of 2008/1313 June 26, 2008 Subject: Petition of Reliance Energy Ltd. (REL), for approval of Power Purchase Arrangement between REL-G and REL-D - Case No. 8 of 2008 Appended is a copy of Minutes of the Technical Validation Session held on , in the above matter. Sd/- (P.B. Patil) Secretary, MERC

12 Minutes of Technical Validation Session held on May 7, 2008 in the matter of REL s Petition for approval of Power Purchase Arrangement between REL-G and REL-D A Technical Validation Session (TVS), in the matter of REL s Petition for approval of Power Purchase Arrangement between REL-G and REL-D, was held at the Commission s office on May 7, 2008 at hrs. The TVS was attended by the Member (T), Member (F), Secretary, Regulatory Experts of Commission and the officials of REL. The issues discussed during the session are as follows: 1. REL submitted that based on the Commission s Order dated November 6, 2007 (in Case No. 86 of 2006, Case No 87 of 2006 and Case No. 30 of 2007) wherein the Commission directed REL-D to enter in to Power Purchase Arrangement with REL-G for the internal allocation of power from its generation business, i.e., REL-G, a meeting was held between representatives from both REL-G and REL-D in which a formal power purchase arrangement was entered. REL submitted the Minutes of Meeting (MoM) towards arrangement between REL-G and REL-D to the Commission wherein the period for the said arrangement has been agreed for a period of 5 years. REL also submitted that the tariff charged by REL-G to REL-D shall be such as determined by the Commission from time to time. 2. The Regulatory Expert of the Commission said that the Petition for Power Purchase Arrangement between REL-G and REL-D should be filed as per Regulation 24.2 of MERC (Terms and Conditions of Tariff) Regulations, The Commission will examine the Petition for approval of power purchase arrangement in accordance with Regulation 24.2 of MERC (Terms and Conditions of Tariff) Regulations, 2005, and will analyse the demand supply position, availability (or expected availability) of capacity in the intra-state Transmission system for evacuation and supply of power procured under the agreement/ arrangement; peak demand, etc. 3. The Regulatory Expert of the Commission enquired about the reasons for entering in to long-term arrangement of power for a period of 5 years only and asked REL to submit the justification for having arrangement for the period of 5 years. 4. The Commission questioned that whether MoM is legally enforceable contract, so as to safeguard the interest of REL-D s consumers. The Commission enquired that if REL-G and REL-D would have been a separate entity than whether they would have agreed to such an arrangement only for a period of 5 years. 5. REL submitted that once the Commission approves the arrangement between the REL-G and REL-D, it will become legally enforceable. REL further submitted that the present arrangement is guided by the arrangement adopted in the case of arrangement between TPC-G and TPC-D. 6. The Commission opined that the arrangement between TPC-G and TPC-D was on the principle that, TPC-G has to share the power generation amongst three Distribution Licensees, whereas REL-G s complete capacity is dedicated to REL-D. 7. REL agreed that they will submit legal opinion regarding legal enforceability of the Minutes of Meeting to be considered as power purchase arrangement between REL-G Minutes of Technical Validation SessionCase 8 of 2008 Page 1 of 2

13 and REL-D and also agreed to submit the Petition under Regulation 24.2 of MERC (Terms and Conditions of Tariff) Regulations, 2005 addressing the factors like transmission capacity, capacity addition and demand forecasting, etc. 8. REL sought clarification from the Commission that whether a Public Hearing will be conducted in the matter and the Commission clarified that a Public Hearing would be conducted in this matter. 9. The Commission directed REL to submit the legal opinion on the legal enforceability of the MoM to be considered as legal arrangement and revised Petition in line with the Regulation 24.2 of MERC (Terms and Conditions of Tariff) Regulations, 2005 within 10 days. List of Persons present at the Technical Validation Session on Shri Kapil Sharma, Head Regulatory, REL 2. Shri Kamal Kant, REL-Generation 3. Shri Pankaj Pandya, Sr. Consultant, REL 4. Shri Surender Khot, G.M.- Legal, REL 5. Shri V.H.Wagle, TPC 6. Shri P.K. Anvekar, TPC 7. Shri P.V.Joshi, TPC 8. Shri A. Sethi, TPC 9. Shri Arun S. Bapat, TPC 10. Shri J.D.Kulkarni, DGM,TPC 11. Shri Suresh Gehani, Regulatory Expert (RE), MERC 12. Shri Saurabh Gupta, RO, MERC 13. Shri Vikalp Vats, RO, MERC Minutes of Technical Validation SessionCase 8 of 2008 Page 2 of 2

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21 "Shrinivas S. Koduri" org.in> 28/08/ :07 PM To cc bcc Subject "Lalit Jalan_REL" "Kapil_Sharma_REL" "Pandya_REL" REL's Petition for approval of PPA between REL-G and REL-D [Case No. 8 of 2008]. This is with reference to the Minutes of Technical Validation Session held on May 7, 2008 in the matter of REL s Petition for approval of Power Purchase Agreement between REL-G and REL-D in Case no 8 of REL has submitted the legal opinion regarding the legal enforceability of the Minutes of the Meting to be considered as power purchase arrangement between REL-G and RELD. REL has also submitted its reply for the Commission s direction to submit the Petition under Regulation 24.2 of MERC (Terms and Conditions of Tariff) Regulations, The Commission has also enquired REL about the reasons for entering in to long term arrangement for a period of 5 years only and asked to submit the justification for the same (Point No 3 of the Minutes of Technical Validation Session held on May 7, 2008). Accordingly, please submit the justification for entering in to long term arrangement for a period of 5 years only as per point no. 3 of the minutes of meeting of TVS. Sd/- (P.B. Patil) Secretary, MERC

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23 History: Kapil Sharma/REL/RelianceADA 07/10/ :08 PM To cc bcc Subject This message has been forwarded. Srinivasa Fw: Reliance Energy Limited's (REL), Petition for approval of Power Purchase Agreement (PPA) between REL-G and REL-D [Case No. 8 of 2008]. As discussed please do the needful Regds Forwarded by Kapil Sharma/REL/RelianceADA on 07/10/ :07 PM "Shrinivas S. Koduri" <shrinivas.koduri@mercindia. org.in> 07/10/ :08 PM To cc Subject "Lalit Jalan_REL" <lalit.jalan@relianceada.com> "Dr.S.L.Patil" <tbia@vsnl.com>, "VIA" <rkengg@gmail.com>, "Mumbai Grahak Panchayat" <seb@vsnl.com>, "Prayas" <peg@prayaspune.org>, "Arijit_IClegal" <arijit@iclegalindia.com>, <marathe@iclegalindia.com>, "Kapil_Sharma_REL" <Kapil.Sharma@relianceada.com> Reliance Energy Limited's (REL), Petition for approval of Power Purchase Agreement (PPA) between REL-G and REL-D [Case No. 8 of 2008]. Ref No. MERC/Case No. 8 of 2008/1948 October 06, 2008 The Director, Reliance Energy Limited, Reliance Energy Centre, Santacruz (East) Mumbai Subject: Reliance Energy Limited s (REL), Petition for approval of Power Purchase Agreement (PPA) between REL-G and REL-D (Case No. 8 of 2008). Sir, This is with reference to your Petition regarding approval of Power Purchase Agreement (PPA) between distribution business (REL-D) of REL and generation business (REL-G) of REL, Technical Validation Session (TVS) in the matter, and subsequent submissions of the information sought by the Commission after TVS. 2. I am directed by the Commission to convey to you the admission of your above said Petition for further processing and conduct of Public Hearing. 3. REL is further directed to publish the approved Public Notice enclosed herewith, latest by October 9, The Public Notice in English and Marathi should be published in all leading news papers in the State of Maharashtra, as per usual practice. 4. The copies of the Petition and additional information submitted after TVS should be made available to interested public at REL s Head Office on payment of Rs.50/- (Rupees fifty only). 5. REL shall host the copy of the Petition and additional information submitted after TVS to the Commission on its website. 6. On receipt of suggestions and comments from stakeholders on REL s Petition, REL should expeditiously reply to objections and suggestions/comments within 3 (three) days from the date of receipt of objections and suggestions/comments, but not later than November 06, 2008, for all the objections and suggestions/comments received till November 03, Sd/- (P.B. Patil)

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