ET_HR_Fin_Civil 2008 Batch 20 Nov08

  • Upload
    sam

  • View
    214

  • Download
    0

Embed Size (px)

Citation preview

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    1/82

    Commercialand

    RegulatoryMechanism

    Sandeep Naik, Sr Manager (Commercial), NTPCLtd

    20th November

    2008

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    2/82

    2

    NTPC Limited

    CORPORATE VISION:

    A WORLD CLASS INTEGRATED POWER MAJOR, POWERING

    INDIAS GROWTH, WITH INCREASING GLOBAL PRESENCE

    CORE VALUES:

    B - BUSINESS ETHICS

    C - CUSTOMER FOCUS

    O - ORGANIZATIONAL & PROFESSIONAL PRIDE

    M - MUTUAL RESPECT AND TRUST

    I -INNOVATION & SPEED

    T - TOTAL QUALITY FOR EXCELLENCE

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    3/82

    3

    In this Presentation

    Indian Power Sector

    Electricity Regulation in India Electricity Act 2003 and its provisions

    Regulatory Framework in Indian PowerSectorRole of Electricity Regulatory Authorities

    NTPCRole of Commercial functions

    Challenges ahead

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    4/82

    Indian Power Sector

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    5/82

    5

    Indian Power Sector

    Installed Capacity: 1,45,555MW

    (As on 30.09.2008)

    Central Sector

    48,470 MW

    State Sector

    75,838 MW

    Private Sector

    21,247 MW

    GENERATION

    DISTRIBUTION

    TRANSMISSION

    100% with Government owned utilities.

    > 95% with State Discoms , rest with Privateutilities.

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    6/82

    6

    Indian Power Sector

    PEAK DEMAN

    108886

    152786

    218209

    298252

    2007-08 2011-12 2016-17 2021-22

    Base Bemand (BU)

    737

    968.6

    1392

    1915

    2007-08 2011-12 2016-17 2021-22

    Year BaseDemand (BU)

    AnnualPeak

    Demand(MW)

    2007-08

    737 108886

    2011-12

    968.6 152786

    2016-17

    1392 218209

    2021-22

    1915 298252

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    7/82

    7

    Indian Power Sector

    In the year 2007-08, the total electricity

    generation was about 704.4 billion units of

    energy with a growth of 6.3% over the previous

    year.India faces Energy shortage of 26407 MU,

    (10.4 %) and Peak shortages of 15560 MW

    (14.6%) in the year 2008-09 (till Oct08).

    The per capita electricity consumption in the country was 704

    KWhr in 2007-08, Ministry of Power projected per capita electricity consumption

    is 1000 KWh by the year 2012.

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    8/82

    8

    Electricity Industry Structure

    State

    Joint

    Private

    SEBs

    DVC,

    Under MOP: NTPC, NEEPCO

    Other Ministries: NLC,Central

    State

    CTU-Power GridCentral

    STUs- SEBs

    State STUs- SEBs

    Private Licensees

    Power Trading: PTC, NVVVNL Financing: PFC, REC

    IPPs

    /State GenCos

    , Pvt DisComs

    /State DisComs

    /State TransCosTransmission

    Distribution

    Generation

    Distribution

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    9/82

    9

    Power Utilities

    Following 8 states still operating with SEB structure: Punjab, Himachal Pradesh, Chhattisgarh, Kerala, Tamil

    Nadu, Bihar, Jharkhand, & Meghalaya. Restructured status of other states is as given below :-

    State Generation Transmission Distribution Sale & Purchase

    Haryana 2 Discoms Discoms

    Rajasthan 3 Discoms Discoms

    Delhi 5 Discoms Discoms

    UP 5 Discoms Trading Co.

    Uttaranchal Trading Co.

    Gujarat 4 Discoms Trading Co.

    Maharashtra 1 Discom Discom

    MP 4 Discoms Trading Co.

    AP 4 Discoms Discoms

    Karnataka 5 Discoms Discoms

    Orissa (2) 4 Discoms Trading Co.

    West Bengal 1 Discom Discom

    Assam 3 Discoms ASEB

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    10/82

    10

    Power Sector development

    PRINCIPLES

    Availability 24/7 Power to all consumers.

    Accessibility

    Universal service obligation

    Reliability No load shedding, adequate peakingcapacity & spinning reserve.

    Quality Stable Voltage & Frequency.

    Efficiency Delivered power to the consumer to reflectmost efficient Kw hr consumed by user toK-Cal fed as fuel.

    Incentive for efficiency improvement &increase in competition

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    11/82

    Electricity Regulation in India

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    12/82

    12

    The Electricity supply industry wasearlier governed by three Acts, namely

    Indian Electricity Act, 1910

    Electricity (Supply) Act, 1948Electricity Regulatory CommissionsAct, 1998

    The above three Acts now repealed in

    Electricity Act, 2003.

    History of ElectricityRegulation In India

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    13/82

    13

    Electricity Regulation in India

    Regulatory Milestones

    1910 1948 1975 1998 2003

    IE Act ES Act EACentral Utilities ERC ACT

    British India-

    agglomeration of provincesIndian Union

    Isolated Private LicenseesIsolated

    SEBs

    Regional

    SystemCentral Utilities Central Utilities, IPPs,

    CTU, SEBs

    Early British Model State Govt Central Govt Regulator

    Country

    Status

    Sectoral

    Makeup

    Institutional

    Structure

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    14/82

    14

    Growth of the sector through licensees. Licence by

    State Govt. Provision for licence for supply of electricity in aspecified area. Legal framework for laying down of wires and otherworks.

    Provisions laying down relationship betweenlicensee and consumer.

    Indian Electricity Act, 1910

    The supply of electricity was limited to urban areasand most of the country was deprived of electricity.

    The situation was so grim that after independence nota single private organization was competent toadminister the power supply in the country, thereby,

    making way for state participation in the power sector.

    Indian Electricity Act 1910 laid down the basicframework for the power sector in the countryalong with all the policies governing the electricity

    supply in India.

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    15/82

    15

    The Act concentrated on increasing statemonopoly over the sector by

    Mandated creation of SEBs.

    Need for the State to step in (throughSEBs) to extend electrification (so farlimited to cities) across the country

    As a result of this, 19 SEBs (StateElectricity Boards) were formed underthe Act which enjoyed monopoly overgeneration, transmission and distributionat the intra-state level.

    However the power situation lacked inquality, security and reliability.

    Electricity (Supply) Act, 1948

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    16/82

    16

    Electricity (Supply) Act, 1948

    In 1975, the Electricity (Supply) Act 1948

    was amended to improve the financial

    position of the state controlled power

    sector by allowing central government toparticipate in generation and transmission

    of electricity.

    As an outcome of these amendments, the

    GoI set up National Thermal PowerCorporation Ltd. (NTPC) and National

    Hydroelectric Power Corporation Ltd.

    (NHPC) to supplement the effort of states in

    generation and strive for greater capacityeneration.

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    17/82

    17

    In order to strictly implement reforms andrestructure of the tariff structure, secondgeneration reforms were introduced.

    In 1998 the GoI implementedThe ElectricityRegulatory Commission Act, 1998 .

    It emphasized on the establishment of state andcentral level electricity regulatorycommissions( ERCs) for rationalizing the tariffstructure, creating transparency in the system andto frame and promote environmentally benign

    policies.

    Electricity Regulatory CommissionsAct, 1998

    The SEBs incurred heavy loses and failed to make thenecessary payments to the CPSUs. Owing to their bulkydesign these utilities were inevitably becomingcumbersome to manage. Therefore, the administrationdecided to unbundle the utilities into more 'manageable'

    size which paved the way for the Electricity Act 2003

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    18/82

    18

    The Electricity Act, 2003

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    19/82

    19

    The Electricity Act, 2003

    This Act seeks to consolidate The laws relating to generation, transmission,

    distribution, trading and use of electricity Taking measures conducive to development of

    electricity industry, promoting competition, Protecting interest of consumers and supply of

    electricity to all areas, Rationalization of electricity tariff ensuring

    transparent policies regarding subsidies, Promotion ofefficient and environmentally benign

    policies,

    Constitution of Electricity Regulatory Commissionsand establishment of A ellate Tribunal and for

    Electricity Act, 2003 - enacted June 10th 2003,envisages developmentin an open, nondiscriminatory, competitive, market drivenenvironment in the interest of the consumers/ suppliers of power.

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    20/82

    20

    Scheme of Electricity Act 2003

    I : Introduction (# 1 & 2)

    II : National Electricity Policy & Plan (# 3-6)

    III : Generation (# 7-11)

    IV : Licensing (# 12-24)

    V : Transmission (# 25-41)

    VI : Distribution (# 42-60)VII : Tariff(# 61-66)

    VIII : Works (# 67-69)

    IX : CEA (# 70-75)

    X : CERC & SERCs (# 76-109)

    XI : Appellate Tribunal (# 110-125)

    XII : Investigation & Enforcement (# 126-130)XIII : Reorganization of SEBs (# 131-134)

    XIV : Offence & Penalties (# 135-152)

    XV : Special Courts (# 153-157)

    XVI : Dispute Resolution/Arbitration (#158)

    XVII : Other Provisions (#159-165)

    XVIII : Miscellaneous(#166-185)

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    21/82

    21

    Government only to formulate policies.

    Regulatory Commissions to regulate tariffand issue of licenses.

    SEBs will no longer exist in the existingform, they will be restructured intoseparate generation, transmission anddistribution licensees. Regulatory function

    has been taken away.

    Power trading recognised as a distinct legalactivity.

    Generation free from licensing. Capacity

    Salient features of theElectricity Act, 2003

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    22/82

    22

    Hydro requires concurrence of theAuthority and Government for optimumutilisation of water resources.

    Captive generation has been liberalisedand no permission required.

    Captive plants can sell extra power to grid.

    Tariff will be subject to regulatorycommission.

    Transmission utilities not to engage in thebusiness of generation/trading/distribution

    of power and to provide open access to

    Salient features of theElectricity Act, 2003

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    23/82

    23

    Tariff for sale of power to be regulated onlyfor sale by generating company todistribution licensee.

    Direct power supply to consumers permittedas and when open access is allowed by stateregulator.

    Initially open access will be with surchargein lieu of cross subsidies. Surcharge to begradually reduced in phased manner.

    The act has enabling provisions.Government policies will have to spell outthe requirement of the sector and guiding

    Salient features of theElectricity Act, 2003

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    24/82

    24

    Anti-theft legislation made stringent withpenalties for each offence clearly spelt out.

    Provision for more than one licensee in same

    area of supplyNo requirements for license in generation anddistribution for rural areas, and forcooperatives, Panchayat etc.

    No tariff fixation by ERC if competitive biddingfollowed, or where consumers allowed openaccess enter into agreement withgenerators/traders

    Consumer tariffs to reduce and move towards

    Salient features of theElectricity Act, 2003

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    25/82

    25

    Role of Government Generation Transmission

    Distribution Open Access Trading / Market Development Regulatory Commission / Appellate

    Tribunal Tariff Principles Consumer Protection Measures against Theft of

    electricity Restructurin of SEBs

    Salient features of theElectricity Act, 2003

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    26/82

    26

    National Electricity Policy and Plan

    Central Govt. to prepare National Electricity Policy and Tariff

    Policy in consultation with State Govt. and Central ElectricityAuthority. (Clause 3(1)).

    National Electricity Plan for a period of 5 years to be issued by

    Authority in accordance with National Electricity Policy (Clause

    3(4)).

    National Policy on rural electrification including stand alone

    systems to be issued by Central Government in consultation with

    State Government (Clause 4 & 5).

    Role of GovernmentRole ofGovernment

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    27/82

    27

    Electricity Act, 2003

    Provisions to Promote PowerGeneration

    1. Generation Delicensed

    2. Liberal captive generation

    provisions3. Open access for supply to direct

    consumers

    4. Trading

    5. Tariff based competitive bidding

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    28/82

    28

    1. Generation Delicensed

    Earlier TEC from CEA was a pre-

    condition for setting up generatingcapacity

    CEA used to take considerable time in many cases, 1-1 years for

    giving TEC. Before TEC, even the beneficiaries

    were required to be identified. All these requirements have been

    dis ensed with.

    Electricity Act, 2003Provisions to Promote PowerGeneration

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    29/82

    29

    1. Generation Delicensed (contd) Generating company can set up a power

    plant without any TEC from CEA providedthey have availability of

    Land Fuel linkage Water linkage Environmental clearance

    There is no pre-condition for identifyingcustomers.

    Even the financial institutions areprepared now to finance the project based

    on its cost of power, without having a pre-condition of lon term PPAs with

    Electricity Act, 2003Provisions to Promote PowerGeneration

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    30/82

    30

    2. Liberal Captive Generation Provisions

    Clause 2(8)

    Captive generating plant means a power plant

    set up by any person to generate electricityprimarily for his own use and includes a powerplant set up by any co-operative society orassociation of persons for generating electricity

    primarily for use of members of such co-operative society or association.

    No clearance required from CEA or StateGovernment for setting up of captive generatingplant (Clause9(1)).

    Captive generating plants are permitted to

    Electricity Act, 2003Provisions to Promote PowerGeneration

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    31/82

    31

    Clause 9(2)

    Every person, who has constructed a captivegenerating plant and maintains and operatessuch plant, shall have the right to open accessfor the purposes of carrying electricity from hiscaptive generating plant to the destination ofhis use.

    Clause 38 (provision)

    Provided also that such surcharge shall not beleviable in case open access is provided to a

    person who has established a captivegenerating plant for carrying the electricity to

    the destination of his own use.

    Electricity Act, 2003Provisions to Promote PowerGeneration

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    32/82

    32

    Govt. of India vide the Rules issued in May05have further clarified that

    Generating stations will quality as a captive

    plant provided it has a captive consumption ofmore than 51%.

    In case of SPU for setting up captive project acaptive consumer can have equity only upto

    26%.

    In case of group of members, association ofpersons, all persons together can fulfill abovecriteria.

    Electricity Act, 2003Provisions to Promote PowerGeneration

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    33/82

    33

    3.Open Access for Supply to Direct Consumers

    Electricity Act 2003 envisages open access to bulkconsumers in a phased manner to ensure openaccess to consumers having connected load of more

    than 1MW by January, 2009.

    Open access in transmission and distribution willprovide opportunities for the generating companiesto supply power directly to bulk consumers.

    These provisions will provide flexibility to theconsumer in selection of consumers.

    Generator will no more be a captive supplier of State

    Power Utilities.

    Electricity Act, 2003Provisions to Promote PowerGeneration

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    34/82

    34

    4. Trading

    Trading has been recognised as alegal/licensed activity.

    After enactment of the Act, almost about 9-10different inter-state trading companies havegot registered.

    Trading activities have improved utilisation of

    the existing generation capacities.

    Operating PLF have now improved to almost74%.

    Further, now many of the IPPs are entering intoa reement with tradin com anies for sale of

    Electricity Act, 2003Provisions to Promote PowerGeneration

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    35/82

    35

    There would be Transmission Utility at the Centre and in the States to

    undertake planning & development of transmission system. (Sections 38 &

    39)

    Load despatch to be in the hands of a govt company/organisation. Flexibility

    regarding keeping Transmission Utility and load despatch together orseparating them. Load Despatch function critical for grid stability and

    neutrality vis a vis generators and distributors. Instructions to be binding on

    both. (Sections 26, 27,31, 38, 39)

    Private transmission companies to be licensed by the Appropriate

    Commission after giving due consideration to the views of the Transmission

    Utility. (Sections 15 (5) (b))

    The Load Despatch Centre/Transmission Utility / Transmission Licensee not

    to trade in power. Facilitating genuine competition between generators.

    (Sections 27, 31, 38, 39,41)

    Transmission

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    36/82

    36

    Requires licensing (Clause 12).

    Commission can issue two or more licenses for distribution

    of electricity through their own distribution system in the

    same area (Clause(14)).

    Distribution licensee can engage a franchisee to undertake

    distribution in his area of supply (Clause(14)).

    All supply would need to be metered within 2 years.However, State Commission may extend this period for

    completing the task of metering (Clause 55(1)).

    Distribution

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    37/82

    37

    Every distribution licensee shall establish a forum for redressal

    of grievances of the consumers within six months as per

    guidelines of the commission (Clause42(5)).

    Distribution licensee to provide supply within the period asspecified by the commission or else a penalty upto Rs. 1000 per

    day to be paid (Clause 43(3)).

    Disconnection of supply in case of default of payment after

    giving 15 days notice (Clause 56(1)).

    Provision for suspension/revocation of licence by Regulatory

    Commission as it is an essential service which can not be

    allowed to collapse. (Sections 19, 24)

    Distribution

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    38/82

    38

    Open Access

    Open access to the transmission lines to beprovided to distribution licensees, generatingcompanies. (Sections 38-40)

    This would generate competitive pressures and

    lead to gradual cost reduction.Open access in distribution to be allowed by

    SERC in phases and to provide open access to allconsumers having requirement of 1 MW or morewithin 5 year(Sections 42)

    In addition to the wheeling charges provision forsurcharge if open access is allowed beforeelimination of cross subsidies, to take care of

    a)Current level of cross subsidy

    b)Licensees obligation to supply. (Section

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    39/82

    39

    Surcharge & cross subsidy to be progressively eliminated

    (Clause 42).

    In case of captive generating plant carrying the electricity to

    the destination of his own use, no surcharge shall be leviable

    (Clause 42).

    Open Access

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    40/82

    40

    Trading distinct activity permitted with licencing. (Section

    12)

    Regulatory Commission may fix ceiling on trading margin

    to avoid artificial price volatility. (Sections 79 (2) (b) & 86(2) (b))

    The Regulatory Commission to promote development of

    market including trading. (Section 66)

    Trading/ Market development

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    41/82

    41

    Regulatory Commissions/Appellate

    Tribunal

    State Electricity Regulatory Commission to beconstituted within six months. (Section 82)

    Provision for Joint Commission by more than oneState/UT. (Section 83)

    Provision for constitution of Appellate Tribunalconsisting of Chairman and three Members. (Section110, 112)

    Appellate Tribunal to hear appeals against the orders ofCERC/SERC, and also to exercise general supervisionand control over the Central/State Commissions.(Section 111)

    Appeal against the orders of Appellate Tribunal to liebefore the Supreme Court. (Section 125)

    Appellate Tribunal considered necessary to-

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    42/82

    42

    Tariff Principles

    Regulatory Commission to determine tariff for supply of electricity bygenerating co. on long/medium term contracts. (Section 62)

    No tariff fixation by regulatory commission if tariff is determinedthrough competitive bidding or where consumers, on being allowedopen access enter into agreement with generators/traders.

    Consumer tariff should progressively reduce cross subsidies andmove towards actual cost of supply. (Section 61 (g))

    State Government may provide subsidy in advance through thebudget for specified target groups if it requires the tariff to be lowerthan that determined by the Regulatory Commission. (Section 65)

    Regulatory Commissions may undertake regulation includingdetermination of multi-year tariff principles, which rewards efficiencyand is based on commercial principles. (Section 61 (e), (f))

    Regulatory Commission to look at the costs of generation,

    transmission and distribution separately. (Section 62 (2))

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    43/82

    43

    Consumer ProtectionConsumer Protection

    Consumer to be given connection within stipulated time.

    (Section 43(1))

    Penalty in the event of failure to give connection (Section

    43(3)) Payment of interest on security deposit. (Section 47(4))

    Regulatory commission to specify Electricity supply code to

    be followed by licensees. (Section 50)

    No sum due from consumers recoverable after a period of

    two years unless the same was shown recoverable

    continuously. (Section 56(2))

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    44/82

    44

    Consumers (contd..)Consumers (contd..)

    Redressal forum for redressal of grievances of consumers, to be appointed by

    every distribution licensee within six months. Ombudsman scheme (Section

    42 )

    Standards of performance Licensees required to meet standards of performance specified by

    Regulatory Commission. Failure to meet standards makes them liable to

    pay compensation to affected person within ninety days.

    Licensee to furnish to the Commission periodical information on

    standards of performance (Section 57)

    District level committee - (a) to coordinate and review extension of

    electrification in each district; (b) to review quality of power supply and

    consumer satisfaction, etc. (Section 166 (5))

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    45/82

    45

    Measures against Theft of electricityMeasures against Theft of electricity

    Focus on revenue realisation rather than criminal proceedings.

    (Sections 126, 135)

    Penalties linked to the connected load and quantum of energy

    and financial gain involved in theft. (Section 135) Provisions for compounding of offences. (Section 152)

    On the spot assessment of electricity charges for unauthorised

    use of electricity by the assessing officer designated by the

    State Government. (Section 126)

    Theft punishable with imprisonment. (Section 135)

    Punishment provision for abetment of theft. (Section 150)

    Special Courts (Sections 153-158)

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    46/82

    46

    Restructuring of SEBs

    Provision for transfer scheme to create

    one or more companies from SEB.

    (Section 131) Provision for continuance of SEBs (Section

    172)

    States given flexibility to adopt reform

    model/path.

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    47/82

    47

    Electricity Act, 2003

    Stimulus to the sector !DisciplineTransparencyIndependent regulation

    distancing Government from Utility &Regulation!

    Environment for PSP Market structure !

    Power Trading Open Access

    Captive

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    48/82

    48

    FUTURE MARKET STRUCTUREFUTURE MARKET STRUCTURE

    DISCOsDISCOs

    CTU AND

    STUsDISCOsDISCOs

    CONSUMERSCONSUMERS

    GENCOSGENCOS

    HOLDING OR

    TRADING COHOLDING OR

    TRADING CO

    TRADERSTRADERS CGS

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    49/82

    Regulatory Framework in Indian

    Power Sector

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    50/82

    50

    Regulatory framework

    Responsibility for the development of the Power sector

    is shared between the Central and State Governments.

    The Ministry of Power (MoP) oversees the operation of

    all Central Sector Power Utilities. The Central Electricity Authority (CEA) advises the

    MoP on electricity policy and technical matters.

    Central Electricity Regulatory Commission (CERC)

    regulates the tariff for central power utilities and other

    entities with inter state generation or transmission

    operations.

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    51/82

    51

    CERC(Central Electricity Regulatory Commission)

    Functions of CERC To regulate the tariff of generating companies owned

    or controlled by the Central Government. To regulate the tariff of generating companies other

    than those owned or controlled by the Centralgovernment if such generating companies enter into orotherwise have a composite scheme of generation andsale of electricity in more than one State.

    To regulate the inter-State transmission of electricity. To determine tariff for inter-State transmission of

    electricity. To issue licenses to persons to function as transmission

    licensee and electricity trader with respect to theirinter State operations.

    To levy fees for the purpose of this Act.

    To specify Grid code having regard to Grid standards To Fix trading margin in the Inter-State trading of

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    52/82

    52

    CERC(Central Electricity Regulatory Commission)

    Evolution of Tariff and otherRegulations

    Central Commission by Notification makeRegulations.

    While notifying the Commission presently follows thefollowing procedure:

    Prepare concept paper /draft regulationand post in Web site.

    Comments/Suggestion invited from allStakeholders and others

    Organize open house hearings.

    Finalise Regulations and issue detailed

    orders giving reasons.

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    53/82

    53

    Important Regulations of CentralCommission

    Business Regulations in 1999.

    Tariff Regulations, 2001 fordetermination of tariff for the period2001-04.

    Tariff Regulations, 2004 fordetermination of tariff for the period

    2004-09. Open Access Regulations

    Trading Licence

    Transmission Licence

    CERC(Central Electricity Regulatory Commission)

    TARIFF REGULATIONS FOR THE PERIOD 2009-14 ARE

    UNDER PROCESS OF FINALIZATION

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    54/82

    54

    State Electricity Regulatory Commission

    (SERC)

    Functions of SERCo Determine the tariff for generation, supply,

    transmission and wheeling of electricity wholesale,bulk or retail as the case may be within the State.

    o Regulate electricity purchase and procurementprocess of distribution licensees for distribution andsupply within the State.

    o Facilitate intra State transmission and wheeling ofelectricity.

    o Issue license to persons seeking to act as

    transmission licensees, distribution licensees andelectricity traders with respect to their operationswithin the State.

    o Levy fees for the purpose of the Electricity Act.o Specify State Grid Code consistent with the Central

    Grid Code.o Fix the trading margin in the Intra State trading of

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    55/82

    55

    Appellate Tribunal for Electricity (ATE)

    oThis Tribunal has been established by the

    Ministry of Power, Govt. of India w.e.f. 7th

    April, 2004 . This Tribunal shall ordinary sit

    at Delhi, came into effect from July 21,2005.

    Functions of ATE Appellate Tribunal for Electricity has jurisdiction

    through out India to hear appeals or originalpetitions against the orders of the Adjudicating

    officer or The Central Regulatory Commission or

    State Regulatory Commission or Joint Commission

    constituted respectively under the Act of 2003.

    The appeal, before the Appellate Tribunal would

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    56/82

    56

    Central Government

    Central Government shall prepare

    National Electricity Policy

    Tariff policy Policy for permitting stand alone system

    for rural areas.

    National policy for rural electrification

    Issue guidelines for tariff basedcompetitive bidding process.

    Role of Central Government

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    57/82

    57

    CEA to continue as the main technical Advisor of the

    Govt. of India/ State Government with the responsibility

    of overall planning. (Section 70)

    CEA to specify the technical standards for electricalplants and electrical lines. (Section 73)

    CEA to be technical adviser to CERC as well as SERCs.

    (Section 73) CEA tospecify the safety standards. (Section 53)

    Central Electricity Authority

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    58/82

    NTPC COMMERCIALFUNCTIONS

    NTPCs Growth Plan

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    59/82

    59

    NTPCs Growth Plan

    PRESENT INSTALLED

    CAPACITY

    Multi pronged

    Growth Strategy Greenfield projects Brownfield expansion Joint ventures /

    Acquisitions

    (MW)

    O B i

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    60/82

    60

    Our Business

    Expenses for

    Generation

    Generation andSales

    Energy

    Accounting

    Realization Billing

    O C t

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    61/82

    61

    Our Customers

    NTPC sells electricity to BULK

    CONSUMERS comprising mainly electricity

    utilities owned by state governments.

    Sale of electricity is made through long term

    Power Purchase Agreements entered into for

    25 years in case of coal based power plants

    and 15 years for Gas based power plants inline with expected life of the plants.

    NTPC C t B

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    62/82

    62

    SEBs

    Very Large Customer Base will be formed with the Unbundling of Utilities into

    Discoms, Bulk customers, Trading companies and Merchant Plant customers.

    Andhra (4)

    Karnataka (5)

    Delhi (5)

    Rajasthan (3)

    WBSEDCL(1)

    DISCOMsPowercorp/Nigam/

    Tradco.

    UPPCL

    GUVNL

    MPPTCL

    MSEDCL

    UPCL

    HVPN

    Gridco

    DVC

    State PowerDeptt

    J&K

    Sikkim

    ChandigarhGoa

    DD/DNH

    Puducherry

    Nagaland

    Bulkcustomers/

    Others

    Railways

    Indore-SEZ

    Powergrid

    NTPC Customer Base

    TNEB

    KSEB

    CSEB

    PSEB

    ASEB

    HPSEB

    MeSEB

    JSEB

    BSEB

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    63/82

    63

    1. PRICE FOR SALE OF ELECTRICITY

    Tariff Policy

    Interaction with price fixation agencies onprinciples and parameters

    Determination of Tariffs

    NTPC COMMERCIAL FUNCTIONSNTPC COMMERCIAL FUNCTIONS

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    64/82

    64

    2. ARRANGEMENTS FOR SALE OF ELECTRICITY

    Power Purchase Agreements

    Allocation of Power Metering Arrangements

    Regional Energy Accounts

    NTPC COMMERCIAL FUNCTIONSNTPC COMMERCIAL FUNCTIONS

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    65/82

    65

    3. REALISATION AGAINST SALE OF ELECTRICITY

    Receivables Management

    LC / Escrow / State Govt. Guarantee/ CentralAppropriation

    Bonds / Securitisation / Special Schemes

    NTPC COMMERCIAL FUNCTIONSNTPC COMMERCIAL FUNCTIONS

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    66/82

    66

    4. MANAGING THE COMMERCIAL ENVIRONMENT

    Electricity Legislation

    Policy initiatives with Government andRegulatory Agencies

    Sectoral Reforms

    Regional Power Committees

    NTPC COMMERCIAL FUNCTIONSNTPC COMMERCIAL FUNCTIONS

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    67/82

    67

    Corporate Office - Policy

    - Tariffs

    - PPAs

    Regional Headquarters - Billing

    - Realisation

    - Regional Power Committees

    SEB Headquarters - Customers Interface

    - Day to Day Follow-up

    THREE TIER COMMERCIAL ORGANISATION

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    68/82

    68

    Billing for 2007-08- Rs. 34255 Crores

    Average Monthly Billing - Rs. 2855 Crores

    LC coverage as on date - Rs. 3198.1Crores

    Realisation for the year 07-08- 100%

    All states are making full payments within 30 days ofbilling except UP. UP is making payments within 60

    days.

    NTPC BILLING AND REALISATION

    NTPC T iff

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    69/82

    69

    NTPC Tariff

    Least Fixed Charge Coal (Singrauli) : 22.92 Paisa/Unit

    Highest Fixed Charge Coal

    (Unchahar-III)

    : 71.5Paisa/Unit

    Least Coal Energy Charge (Korba) : 57.90 Paisa/Unit

    Highest Coal Energy Charge(Bardarpur) : 220.53 Paisa/Unit

    LNG Energy Charge : 1000.47Paisa/Unit

    Naptha Energy Charge : 1378 Paisa/Unit

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    70/82

    70

    1999-2000 - 145.47p/kwh

    2000-01 - 157.20p/kwh

    2001-02 - 142.84p/kwh

    2002-03 - 147.12p/kwh

    2003-04 - 146.51p/kwh

    2004-05 - 152.06p/kwh

    2005-06 - 164.00p/kwh2006-07 - 184.00p/kwh

    2007-08 - 197.00p/kwh

    Average Tariff Of NTPC Stations

    Payment ArrangementPayment Arrangement

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    71/82

    71

    Earlier there was defaults in payments by SEBs and NTPC

    realization was around 75-80%.

    Outstanding amount including Surcharge had increased in

    2001 to almost Rs.25,000 Crs. In 2002, GOI came out with a Scheme called One Time

    Settlement Scheme, under which outstanding dues of

    NTPC as on 30.09.2001 were securitized by issuance of

    RBI Bonds by State Govt. For ensuring future payments from 01.10.2001 onwards,

    Tripartite Agreement was signed between State Govt.,

    Central Govt. & RBI.

    Payment ArrangementPayment Arrangement

    Payment ArrangementPayment Arrangement

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    72/82

    72

    Under Tripartite Agreement, in case of default inpayment, NTPC can recover the amount from

    States RBI Account by referring the case to Ministry

    of Finance.

    Present NTPC billing is about Rs.36,000 Cr peryear.

    For ensuring timely payments, we have LC

    arrangement with each customer.

    Tripartite Agreement for payment security is

    applicable upto 2016.

    Beyond 2016, we will have Escrow arrangement.

    Payment ArrangementPayment Arrangement

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    73/82

    73

    Initiation of Proceedings

    Suo-moto or on a petition filed by any affected orinterested person.

    CERC has issued detailed procedure for filing of

    petitions The Commission issues notices for hearing and

    reply and rejoinder by the affected parties. The Petition, thereafter, come up before the

    Commission for hearing (which may continue for

    one or more number of hearings). Services of legal practitioners are availed onspecific legal issues only, otherwise casepresented by the technical person of thePetitioner.

    The Commission, sometime directs various parties

    during the hearing for furnishing some additional

    NTPCs Current Regulatory

    Interface

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    74/82

    74

    Review of Commissions orders

    The Commission has the power to

    review its decision, direction andorders.

    Aggrieved party has to file petitionfor review by the Commission

    within 60 days of the making of theorder.

    The Commission, generally, allowreview if there is any apparent

    error on the face of records.

    NTPCs Current Regulatory

    Interface

    NTPC C R l

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    75/82

    75

    AppealCentral Government establishedAppellate Tribunal for electricity

    to hear appeals against order ofthe Commission.Aggrieved Party may prefer anappeal to the Appellate Tribunal

    within 45 days from the date ofthe order.Second Appeal against the Orderof the Appellate Tribunal can befiled in Supreme Court.

    NTPCs Current Regulatory

    Interface

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    76/82

    N C i lN C i l

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    77/82

    77

    New CommercialNew Commercial

    Initiatives (CRM)Initiatives (CRM) Commercial Initiatives for Customers

    Setting up of CRM cells in the regional offices

    Customer Roster- A systems to strengthen interface with

    customers and position Regional ED as the single windowCustomer Relationship Manager.

    Customer Support Group - To Strengthen the relationshipbuilding program by providing support services to customers

    Customer Dashboard - A system to capture, analyse anddisseminate market intelligence about the state (including

    information on customers, competitors etc) within NTPC

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    78/82

    78

    Changes in tariff normsChanges in tariff norms

    Stringent normsStringent norms

    Prudence check of capital costs, O&MPrudence check of capital costs, O&M

    etc.etc.

    Construction risks associated withConstruction risks associated with

    delay - IDCdelay - IDC

    Threat of splitting NTPC MarketThreat of splitting NTPC Market

    domination.domination.

    RegulatoryRegulatory

    EnvironmentEnvironment

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    79/82

    79

    Realisation after TPA IncentivesRealisation after TPA Incentives

    Customers healthCustomers health

    Supply to multiple Discoms and privateSupply to multiple Discoms and privateDiscomsDiscoms

    Direct supply to Bulk ConsumersDirect supply to Bulk Consumers

    Fuel SecurityFuel Security

    Operating in the competitiveOperating in the competitive

    environmentenvironment

    COMMERCIALCOMMERCIAL

    CHALLENGES AHEADCHALLENGES AHEAD

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    80/82

    THANK YOU

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    81/82

    81

    GENCO GENCO GENCOGENCOGENCOGENCO

    TRANSCO TRANSCO

    DISCOM DISCOMDISCOMDISCOM

    Customer CustomerCustomerCustomer

    D

    R

    EG

    U

    L

    A

    T

    E

    D

    G

    T

    RESTRUCTURED ELECTRICITY MARKET

    Power Pool

    System Operator

    Indian Power Sector is today faced by a

  • 7/31/2019 ET_HR_Fin_Civil 2008 Batch 20 Nov08

    82/82

    Indian Power Sector is today faced by a

    host of issues .

    Capacity

    Crunch

    Energy CarbonConflict

    Energy

    Conservation Capacity

    Utilization

    Fuel Prices Capacity Mix

    Rationalization

    High T&D losses

    Reduction in cost

    of supply High Industrial

    tariff

    Key Sectoral Issues