TRANSMISSION AGREEMENT FOR CONNECTIVITY BETWEEN POWER GRID CORPORATION OF INDIA LIMITED AND (NAME OF STAGE-II CONNECTIVITY GRANTEE) AND (NAME OF ISTS LICENSEE) [If applicable] This Transmission Agreement (hereinafter called TA ) entered into on the.day of...two Thousand ------------- between Central Transmission Utility i.e. POWER GRID CORPORATION OF INDIA LIMITED, a company incorporated under the Companies Act, 1956, having its registered office at B-9, Qutab Institutional Area, Katwaria Sarai, New Delhi-110 016 (hereinafter called either CTU or POWERGRID, as a deemed ISTS Licensee as the context may demand, which expression shall unless repugnant to the context or meaning thereof include its successors and assigns); and (Name of Stage-II Connectivity Grantee) a company incorporated under the companies Act, 1956 having its office at (----Registered office address of the Company----) (hereinafter referred to as Stage-II Connectivity Grantee or (--short name of LTC--), which expression shall unless repugnant to the context or meaning thereof include its successors and assigns) as party of the second part. and
(NAME OF THE ISTS LICENSEE), a company incorporated under the Companies Act.., having its registered office at. (hereinafter referred to as ISTS Licensee, an ISTS Licensee under Section 14 of the Electricity Act, 2003 at whose ISTS substation the concerned Stage-II Connectivity Grantee has been granted connectivity, which expression shall unless repugnant to the context or meaning thereof include its successors and assigns. [This paragraph to be included if applicable] A) WHEREAS POWERGRID is a deemed ISTS Licensee and has been mandated to undertake the functions of CTU as provided under the Electricity Act 2003. B) WHEREAS (Short name of Stage-II Connectivity Grantee) has applied for grant of connectivity to ISTS in accordance with Central Electricity Regulatory Commission (Grant of Connectivity, Long-term Access and Medium-term Open Access in inter-state Transmission and related matters) Regulations, 2009 hereinafter referred to as Connectivity Regulations, and Procedures stipulated thereof for transmission of power as per their application. C) WHEREAS (NAME OF THE ISTS LICENSEE at whose ISTS sub-station the concerned Stage-II Connectivity Grantee has been granted connectivity) is an ISTS Licensee at whose ISTS sub-station (Name of the Stage-II Connectivity Grantee) connectivity has been granted by CTU. D) WHEREAS CERC has notified Central Electricity Regulatory Commission (Sharing of Inter State Transmission Charges and Losses) Regulations, 2010 hereinafter called Sharing Regulations which allocates the application transmission charges and losses and other charges, which shall also bind the (Short name of Stage-II Connectivity Grantee). E) WHEREAS, the grant of Connectivity to ISTS is regulated primarily under the Connectivity Regulations and Detailed Procedure(s) notified under Regulation
27 of Connectivity Regulations including the Detailed Procedure for Grant of Connectivity to Projects Based on Renewable Sources to Inter-State Transmission System notified on May 15 th 2018 (hereinafter referred to as the RE Connectivity Procedure ). F) WHEREAS, the present Transmission Agreement is being executed as per Para 10.9 of the RE Connectivity Procedure. G) WHEREAS Connectivity to be availed by (Short name of Stage-II Connectivity Grantee) is as per the dates, period and other conditions related to grant of Stage-II Connectivity issued by CTU vide intimation letter ref. no. C/CTU-Plg./--- dated --/--/----- enclosed at Annexure-1. H) WHEREAS in terms of Para 5.3 of the RE Connectivity Procedure, the dedicated transmission line including line bays at generation pooling station shall be under the scope of the applicant and the terminal bays at the ISTS substation shall be under the scope of transmission licensee owning the ISTS substation subject to compliance of relevant provision of tariff policy. PROVIDED THAT in case of power developers who have emerged successful in the bidding conducted by Central/State Government designated agency, before coming into force of the RE Connectivity Procedure on May 15 th 2018, shall have the option to implement the bays associated with their dedicated lines at the ISTS sub-station by themselves or through the transmission licensee owning the sub-station subject to compliance of relevant provisions of tariff policy. I) WHEREAS the dedicated transmission system required for direct injection/drawl of power from premises of (Short name of Stage-II Connectivity Grantee) into ISTS has been finalized in accordance with the provisions of the Electricity Act, 2003; applicable Regulations/Procedures
notified therein and is to be built, owned, operated & maintained by (Short name of Stage-II Connectivity Grantee) in accordance with Para 5.3 of the Detailed Procedure for Grant of Connectivity to Projects Based on Renewable Sources to Inter-State Transmission System notified on May 15 th 2018. J) WHEREAS (Short name of Stage-II Connectivity Grantee) has been granted Stage-II Connectivity for transmission of power as mentioned in Annexure-1 of this agreement, subject to signing of Connection Agreement and submission of Connectivity Bank Guarantee as provided hereinafter. K) AND WHEREAS, during the tenure of this agreement if any of the covenants and conditions recited in this agreement are found inconsistent with the provisions of the Electricity Act 2003 notifications/ guidelines/ codes/ rules/ regulations and amendments thereof from time to time, not withstanding any thing contained in the agreement referred to above, the said provisions shall prevail. Now, therefore, in consideration of the above premises, it is hereby agreed by and between the parties as follows: 1.0 (a) (b) (c) (Short name of Stage-II Connectivity Grantee) shall furnish a Connectivity Bank Guarantee (Conn-BG) for an amount as notified by the CERC under Para 10.10 of the RE Connectivity Procedure. The bank guarantee shall be as per FORMAT-RCON-BG. The Bank Guarantee shall be issued by i) A Public Sector Bank, or ii) Scheduled Indian Bank having paid up capital (net of accumulated losses) of Rs.100 crore or above(duly supported by latest annual
(d) (e) (f) report) and also satisfying the minimum capital adequacy requirement, or iii) Any foreign Bank with overall International corporate rating or rating of long term debt not less than A ( A minus) or equivalent by reputed rating agency. The Bank Guarantee shall be furnished in favour of POWERGRID within 30 days of issue of Stage-II Connectivity intimation, failing which the connectivity granted shall be cancelled. The above Bank Guarantee shall be discharged six months after the commencement of evacuation of power from the renewable project. The Bank Guarantee shall be kept valid till the time of discharge. The Bank Guarantee shall be encashed and Stage-II Connectivity revoked by CTU in case of failure of Stage-II Connectivity grantee to complete the dedicated transmission line and pooling sub-stations within 24 months from the date of intimation of bay allocation at existing or new/underconstruction ISTS sub-station or in the case of non-fulfillment of conditions to be met by Stage-II Connectivity grantee in terms of Para 9.3 of RE Connectivity Procedure. 4.0 The details of the allocation of bay at ISTS pooling station and scheduled commissioning date of the ISTS sub-station shall form part of this Agreement as per stipulated format (Annexure-2). If at the time of execution of this Agreement, the details of bays and the scheduled commissioning date of the ISTS sub-station at which connectivity has been granted cannot be confirmed, then the same shall be intimated as and when it can be confirmed, and such intimation shall also form part of this Agreement. 5.0 The details provided by (Short name of Stage-II Connectivity Grantee) pertaining to Scheduled commissioning date of the wind/solar/wind-solar
generator/developer pooling station and Dedicated Transmission Line shall form part of this Agreement as per stipulated format (Annexure-3). 6.0 (Short name of Stage-II Connectivity Grantee) shall abide by the terms and conditions of Para 12 of the RE Connectivity Procedure regarding technical requirements of the Dedicated Transmission Infrastructure 7.0 (Short name of Stage-II Connectivity Grantee) undertakes to make best efforts to fully utilize the bays for dedicated transmission infrastructure in terms of Para 10.12 of the RE Connectivity Procedure. 8.0 (Short name of Stage-II Connectivity Grantee) shall update the status/utilization of the dedicated transmission infrastructure as per FORMAT- RCON-UT by 30 th day of June and 31 st day of December each year. CTU shall monitor the utilization of the dedicated transmission infrastructure. In case CTU finds that the dedicated transmission infrastructure remains underutilized, CTU shall be entitled to take appropriate actions as per applicable Regulations/Procedures. 9.0 (Short name of Stage-II Connectivity Grantee) shall abide by the terms and conditions of Para 14 of the RE Connectivity Procedure regarding sharing of connectivity and dedicated transmission infrastructure. 10.0 (Short name of Stage-II Connectivity Grantee) shall furnish progress of the monitoring parameters on quarterly basis in the format given at FORMAT- RCON-II-M by the last day of each quarter. Failure to update progress of the monitoring parameters shall be considered as adverse progress and CTU shall be entitled to take appropriate actions as per applicable Regulations/Procedures. 11.0. All differences/ disputes between the parties arising out of or in connection with this Agreement shall be resolved in terms of the Redressal Mechanism provided under Regulation 32 of the CERC (Grant of Connectivity, Long-term
Access and Medium-term Open Access in inter-state Transmission and related matters) Regulations, 2009 and under Electricity Act 2003. 12.0 This is agreed by (Short name of Stage-II Connectivity Grantee), signing this agreement, to indemnify and hold the CTU harmless from and against any and all damages, losses, liabilities, obligations, penalties, claims of any kind (including, without limitation, reasonable attorneys' fees and expenses) (collectively, "Losses"), suffered, incurred or paid, directly, as a result of, in connection with or arising out of exercise of CTU s actions pursuant to and in accordance with this Agreement. 13.0. This Agreement shall be valid from the date of signing of this Agreement till the validity of Connectivity subject to its revision as may be made by the parties to this Agreement provided that this Agreement may be mutually renewed or replaced by another Agreement on such terms as the parties may mutually agree. In witness whereof both the parties have executed this Agreement through their authorized representative. Witness For and on behalf of Central Transmission Utility Signature : Name:. Designation.. Signature:.. Name: Designation For and on behalf of (Short name of Stage-II Connectivity Grantee)
Signature : Name:. Designation.. Signature:.. Name:. Designation For and on behalf of (Short name of ISTS Licensee) [if applicable] Signature : Name:. Designation.. Signature:.. Name:. Designation
Annexure-2 Details of the allocation of bay at ISTS pooling station and Scheduled commissioning date of the ISTS sub-station, if available 1. ISTS sub-station and bay at which Connectivity is granted 2. Connectivity Transmission System [To be filled in as per the Stage-II Connectivity intimation.] 3. Date from which Connectivity is granted 4. Scheduled commissioning date of bays at ISTS sub-station [To be filled in as per availability. In case of nonavailability of information, the same is to be intimated as and when available.]
Annexure-3 Scheduled commissioning date of the wind/solar/wind-solar generator/developer pooling station and Dedicated Transmission Line 1. Installed capacity of the Generation Project/Park (Stage-wise) 2. Scheduled commissioning date of the wind/solar/wind-solar generator/ developer pooling station 3. Scheduled commissioning date of Dedicated Transmission Line (including the terminal bays at ISTS substation and generation switchyard (if applicable)) [To be intimated by Stage-II Grantee at the time of signing of this agreement and in no case shall be later than the start date from which Stage-II connectivity is granted.]