Order-7 of 2012-ESSAR 75 MW Additional

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    BIHAR ELECTRICITY REGULATORY COMMISSIONVidyut Bhawan-II, Bailey Road, Patna 800 021

    Case No. 07/2012

    IN THE MATTER OF :

    Petition under section 63 of the Electricity Act, 2003 forapproval and adoption of Tariff for procurement of Base LoadPower 75MW offered by M/s Essar Power (Jharkhand)Limited on Long Term Basis under case-1 route of Tariffbased on Competitive Bidding Guidelines of Ministry ofPower, Government of India.

    And

    Bihar State Electricity BoardVidyut Bhawan, Jawahar Lal Nehru Marg,Bailey Road, Patna-800021 ... Petitioner

    Present:

    1. Sri U. N. Panjiar - Chairman

    2. Sri S. C. Jha - Member

    Appearance on behalf of Petitioner, BSEB

    1. Mr. Rakesh, EEE (Inter-state)Bihar State Electricity Board

    OrderDated 21.01.2013

    1. It is a petition filed by the petitioner Bihar State Electricity

    Board (hereinafter referred to as BSEB or petitioner) [presently

    Bihar State Power (Holding) Co. Ltd., the successor company)

    under the provision of section 63 of the Electricity Act, 2003

    (hereinafter referred to as Act) for approval and adoption of

    tariff for procurement of 75 MW of power on tariff based

    competitive bidding in accordance with the Guidelines for

    Determination of Tariff by Bidding process for Procurement of

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    power by Distribution Licensees(hereinafter referred as

    Competitive Bidding Guidelines or Guidelines) issued by the

    Central Government vide resolution no.23/11/2004 R&R(vol.-

    II) as amended from time to time.

    2. Submission in the Petition

    In its petition dated 14.02.2012, the erstwhile BSEB, presently

    BSPHCL has prayed to the commission:

    (i) To approve/adopt procurement of additional 75 MW of power

    from M/s Essar Power (Jharkhand) Limited at the levelised tariff

    of Rs.3.69 per kwh at the delivery point of BSEB from 1200 MW

    Thermal Power Plant at Latehar, Jharkhand as per terms and

    conditions of the power purchase agreement (PPA) executed on

    17.10.2011 for supply of 300 MW power. If the Commission

    requires a direction of State Government under section 108 of

    Electricity Act 2003, the Board will seek a direction to this effect

    from the State Government.

    (ii) To approve signing of amendment/addendum to the PPA dated

    17th October2011 for supply of additional 75 MW power (over and

    above 300MWpower) from Essar Power (Jharkhand) Limited.

    3. The petitioner has enclosed a copy of letter dated 22nd November

    2011 from M/s Essar Power Limited wherein additional 75 MW of power

    has been offered on the same terms and conditions of the PPA as executed

    on 17.10.2011 at the levelised tariff of Rs.3.69 per kWh for 300 MW based

    on bidding process for long term (25 years) under Case-I as per standard

    bidding documents and guidelines issued by Ministry of Power,

    Government of India.

    4. The case was heard on 4thJuly 2012, 23rdJuly 2012, 7th August

    2012, 13th August 2012, 11th September 2012, 20th September 2012, 17th

    October 2012 and 7th November 2012 along with case no. 6/2012 on the

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    petition submitted by BSEB for approval and adoption of Tariff for

    procurement of Base Load Power 560MW (300MW offered by M/s Essar

    Power(Jharkhand) Limited and 260 MW by M/s GMR Kamalanga Energy

    Limited) on Long Term Basis under case-1 route of Tariff based on

    Competitive Bidding.

    5. In the meanwhile, the petitioner has submitted vide letter

    no.27/Misc./Com/IS-1214/2007 (part-v) 2306 dated 27.11.2012 the

    information of withdrawal of 75 MW power offered earlier by M/s Essar

    Power limited received from them vide their letter dated 22nd November

    2011. A copy of letter dated 17.11.2012 from M/s Essar power (Jharkhand)

    Limited informing withdrawal of its offer for additional 75 MW has also

    been submitted by the BSPHCL.

    6. The petitioners submission and documents submitted

    subsequently have been examined by the Commission and as the petitioner

    has informed about the withdrawal of offer for additional 75 MW by M/s

    Essar Power Limited, the above case for approval and adoption of Tariff for

    additional 75 MW procurement is dropped.

    Sd/-(S. C. Jha)

    Member

    Sd/-(U.N. Panjiar)

    Chairman