Guidelines for determination of tariff & SBD for ... - Ministry of Power

Standard PPA for … [Insert ‘medium’ or ‘long’, as applicable] term power procurement under Case -1
an irrevocable NTP and the Seller shall have submitted a letter to this effect to the
Procurer(s);”]
[Insert this condition for existing plants] The Seller shall submit evidence of
commissioning of the Power Station, including details of the Installed Capacity;
f) The Seller shall have obtained all Consents, Clearances and Permits required for
supply of power to the Procurer(s) as per the terms of this Agreement. In case a
Project Company is incorporated and the Consents, Clearances and Permits have been
obtained in the name of a company other than the Project Company, all such
Consents, Clearances and Permits shall have been transferred in the name of such
Project Company;
g) The Seller shall have sent a written notice to all the Procurer(s) indicating the
Aggregate Contracted Capacity and total Installed Capacity for each unit and for the
Power Station as a whole expressed in MW;
h) [Insert this condition for new plants] [Insert the following if Seller is NOT a Trading
Licensee, “The Seller shall have achieved Financial Closure and has provided a
certificate from the lead banker to this effect;” or insert the following if Seller is a
Trading Licensee, “The Seller shall ensure that the Developer shall have achieved
Financial Closure and has provided a certificate from the lead banker to this effect;”]
i) [To be included if the Seller opts for substitution rights of the Lender(s)] The Seller
shall have provided an irrevocable letter to the Lenders duly accepting and
acknowledging the rights provided to the Lenders under the terms of this Agreement
and all other RFP Documents;
[The following Article to be inserted only in case of medium term procurement] The
Seller agrees and undertakes to duly perform and complete the following activities at the
Seller’s own cost and risk within ………………… (…………) Months [Insert number of
months, as applicable] from the Effective Date, unless such completion is affected by
any Force Majeure event or due to the Procurers’ failure to comply with their obligations
under Article 3.2.1 of this Agreement, or if any of the activities is specifically waived in
writing by the ………………. [Insert “Procurer” in case of single Procurer or
“Procurer(s) jointly” in case of multiple Procurers]:
a. The ……………………. [Insert “Seller shall have executed the Fuel Supply
Agreement and have provided a copy of the same to the Procurer(s)” if Seller is NOT
a Trading Licensee, or insert “Seller shall ensure that Developer has executed the
Fuel Supply Agreement and further ensure that a copy of the same is provided to the
Procurer(s)” if Seller is a Trading Licensee]; [this condition shall not be included in
case the generation source, chosen by the Seller is a captive coal-mine based thermal
plant or a hydro-electric plant];
b. The Seller shall have obtained all the necessary permission for the medium term open
access for the intrastate transmission system from the Power Station bus bar to the
…….[Insert name of Procurer(s)] 24