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

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Standard PPA for … [Insert ‘medium’ or ‘long’, as applicable] term power procurement under Case -1 Injection Point (except in case of dedicated transmission lines) and have excuted all necessary agreements for such transmission access and provided a copy of the same to the Procurer(s); c. [Insert where the Seller is responsible for obtaining necessary transmission linkage] The Seller shall have obtained the necessary permission for medium term open access for the transmission system from the Injection Point up to the Delivery Point and shall have executed the Transmission Service Agreement with the transmission licensee for transmission of power from the Injection Point up to the Delivery Point and provided a copy of the same to the Procurer(s); d. 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; e. The Seller shall have sent a written notice to all the Procurer(s) indicating the Aggregated Contracted Capacity and total Installed Capacity for each unit and for the Power Station as a whole expressed in MW. 3.2 Satisfaction of conditions subsequent by the Procurer(s) 3.2.1 The Procurer(s) agree(s) and undertake(s) to duly perform and complete the following activities at the Procurer’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 Seller’s failure to comply with their obligations under Article 3.1.1 of this Agreement or if any of the activities is specifically waived in writing by the Seller: a) [Insert this clause where the Procurer(s) is responsible to arrange for obtaining necessary transmission linkage] The Procurer(s) shall have obtained necessary permission for …………………… [Insert ‘medium term’ or ‘long term’ as applicable] open access for the transmission system from the Injection Point up to the Delivery Point and shall have executed the Transmission Service Agreement with the CTU and / or STU [select whichever is applicable] for transmission of power from the Injection Point up to the Delivery Point and provided a copy of the same to the Seller; [Insert this clause where the Seller is responsible to arrange for obtaining necessary transmission linkage] The Procurer(s) shall facilitate the representation of the Seller in the relevant RPC forum in coordinating on applicable inter-state/regional transmission linkages required from the Injection Point to the Delivery Point. b) [Insert this clause where the Procurer is responsible to arrange for obtaining transmission linkage from the Power Station switchyard to the Delivery Point, in case the Power Station is located within the state of the Procurer and STU network is to be used] The Procurer(s) shall have obtained necessary transmission linkage for …………………… [Insert ‘medium term’ or ‘long term’ as applicable] open access for the transmission system from the Power Station switchyard up to the Delivery Point and shall have executed the Transmission Service Agreement with the STU for transmission of power from the Power Station switchyard up to the Delivery Point …….[Insert name of Procurer(s)] 25
Standard PPA for … [Insert ‘medium’ or ‘long’, as applicable] term power procurement under Case -1 and provided a copy of the same to the Seller. Further, the Procurer(s) shall indicate in wirting to the Seller, the voltage level at which supply of power is to be made to the Procurer(s). c) The Procurer(s) shall have obtained the order of the ……………… [Insert name(s) of the Commission(s) in the State(s) in which the Procurer(s) are located] for adoption of the tariff under Section 63 of the Electricity Act 2003 and given a copy of the same to the Seller. 3.3 Joint responsibilities of the Procurer(s) and the Seller 3.3.1 The …………. [Insert “Procurer” / ”Lead Procurer”, as applicable] and the Seller shall have jointly agreed on the specific date(s) for commencement of supply of power and quantum of the Contracted Capacity to be supplied to Procurer(s) from each such date. Such mutually agreed date(s) shall not be later than the Scheduled Delivery Date, and the total quantum of power shall be equal to the Aggregate Contracted Capacity. 3.3.2 These date(s) shall be mutually agreed upon within …… (…) Months [Insert same number of months, as applicable for Article 3.1] and shall be the Revised Scheduled Delivery Date(s) for the respective quantum of power. 3.4 Consequences of non-fulfillment of conditions subsequent 3.4.1 If any one or more of the conditions specified in Article 3.1 is not duly fulfilled by the Seller, even within………………………. [Insert as applicable “three (3) Months” in case of long term procurement / “one (1) Month” in case of medium term procurement] after the time specified under Article 3.1, otherwise than for the reasons directly attributable to the Procurer(s) or Force Majeure event in terms of Article 3.4.3, then on and from the expiry of such period and until the Seller has satisfied all the conditions specified in Article 3.1, the Seller shall, on weekly basis, be liable to furnish to the Procurer(s) additional Contract Performance Guarantee from any of the banks listed in Schedule 11 of this Agreement, of Rs. ……………………. (………. )[Insert Amount not less than that derived on the basis of Rs. 1.50 lakhs per MW of Contracted Capacity], which has been provided ………………….. [Insert “to the Procurer” or in the case of multiple Procurers: “separately to each of the Procurers for the amount calculated prorata (and rounded off to ……………….. [insert amount]) with the principle that amounts below Rupees …………………. [insert amount] shall be rounded down and amounts of Rupees …………………. [insert amount] and above shall be rounded up) in the ratio of Contracted Capacities”], within two (2) Business Days of expiry of every such Week. Such additional Contract Performance Guarantee shall initially be valid till the Scheduled Delivery Date, and the Procurer(s) shall be entitled to hold and/ or invoke the Contract Performance Guarantee, including such additional Contract Performance Guarantee, in accordance with the provisions of this Agreement. However, upon satisfaction of the conditions subsequent by the Seller, the additional Contract Performance Guarantee shall be returned by the Procurer(s). 3.4.2 Subject to Article 3.4.3, if: (i) fulfillment of any one or more of the conditions specified in Article 3.1 is delayed beyond the period of …………………. [Insert “three (3) Months” in case of long term procurement / “one (1) Month” in case of medium term procurement] after …….[Insert name of Procurer(s)] 26
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No. 23/11/2004-R&R (Vol.II) -------
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(ii) For hydro-power projects, load
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(vi) Requisite Hydrological, geolog
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entered into between the concerned
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4.10 Adequate payment security shal
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authentic sources and is known to t
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(iv) Requirement of transfer of ass
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6. Escalation rate for different es
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completed in a period of 270 days.
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Sl. No. Activities to be completed
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Sl. No. Event Activities to be comp
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Standard RFP for ….[Insert ‘med
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1. INTRODUCTION Standard RFP for
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Sr. No Standard RFP for ….[Insert
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Sr. No 1.3.2 Evacuation of Power St
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Fax: E-mail: Standard RFP for ….[
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4.1 Format of Covering Letter To St
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Notes: Standard RFP for ….[Insert
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This Consortium Agreement Standard
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4. 5. 6. …. Standard RFP for ….
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4.7 Format of Undertaking (A) Bidde
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4.8 Format for Board Resolution Sta
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4.9 Format for Bid Bond Standard RF
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Name and address Standard RFP for
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Contr act Year Commenc ement Date o
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Contr act Year Commenc ement Date o
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Standard PPA for … [Insert ‘med
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Guidelines for determination of tariff & SBD for ... - Ministry of Power

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