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 thirty-six (36) Months, the value of the Contract Performance Guarantee shall be reduced by an aggregate amount of Rupees …………………………… [Insert amount calculated at Rs. 15 lakhs / MW of the Contracted Capacity]. The Seller shall thereafter provide such reduced Contract Performance Guarantee to …………. [Insert “the Procurer” in case of a single Procurer or in the case of multiple Procurers, the following: “separately to each of the Procurers for the amount calculated pro-rata (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”], in lieu of the Contract Performance Guarantee, of an amount of Rupees ………………………. (………) [Insert amount calculated at Rs. 30 lakhs per MW of the Contracted Capacity]. Such reduced Contract Performance Guarantee shall be initially valid for a period, which is the lower of five (5) years or the balance Term of this Agreement. 3.7 Renewal of Contract Performance Guarantee 3.7.1 The Seller shall ensure the renewal of the Contract Performance Guarantee before a date, which is thirty (30) days prior to the expiry of the then existing validity of the Contract Performance Guarantee. 3.7.2 Such renewed Contract Performance Guarantee shall be initially valid for a period which is the lower of five (5) years or the balance Term of this Agreement. 3.7.3 If such extended Contract Performance Guarantee is not received as per the date specified above, the Procurer(s) shall have the right to encash the then exisiting Contract Performance Guarantee. 3.8 Return of Contract Performance Guarantee 3.8.1 The Procurer(s) shall return / release the Contract Performance Guarantee in the event of (i) applicability of Article 3.4.2 to the extent the Contract Performance Guarantee is valid for an amount in excess of Rupees ………………… (………..) [Insert amount not less than that derived on the basis of 40.00 lakhs per MW of the Contracted Capacity], or (ii) termination of this Agreement by any Party under Article 3.4.3, 3.4.4 or Article 3.4.5 of this Agreement. 3.8.2 Subject to the provisions of Article 3.8.1, the Procurer(s) shall return / release the Contract Performance Guarantee to the Seller at the end of the Term of this Agreement. 3.8.3 The return / release of the Contract Performance Guarantee shall be without prejudice to other rights of the Procurer(s) under this Agreement. …….[Insert name of Procurer(s)] 29
Standard PPA for … [Insert ‘medium’ or ‘long’, as applicable] term power procurement under Case -1 4 ARTICLE 4 : SUPPLY OF POWER 4.1 Commencement of Supply of Power to Procurer(s) 4.1.1 The Seller shall be responsible to commence supply of power up to the Aggregated Contracted Capacity by the Scheduled Delivery Date in accordance with the provisions of this Agreement, which is ………………………… [insert the date specified by the Procurer / Authorized Representative in the RFP]. However, the Seller and the Procurer(s) may mutually agree for commencement of supply of power in a phased manner from the Revised Scheduled Delivery Date(s) as specified in Article 3.3 of this Agreement. 4.1.2 The Seller shall give the Procurer(s) and the concerned RLDC at least sixty (60) days advance preliminary written notice and at least thirty (30) days advance final written notice, of the date on which it intends to commence supply of power. 4.2 Seller’s Obligations 4.2.1 Subject to the terms and conditions of this Agreement, the Seller undertakes to be responsible, at Seller’s own cost and risk, for: a) obtaining all Consents, Clearances and Permits other than those obtained under Article 3.1.1 and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement; [Insert further in case Seller is a Trading Licensee; “The Seller shall further ensure that the Developer maintains all Consents, Clearances and Permits in full force and effects during the Term of this Agreement”] b) the commencement of supply of power, up to the Aggregated Contracted Capacity, to the Procurer(s) no later than the Scheduled Delivery Date or the Revised Scheduled Delivery Date(s), as the case may be, such that as much of the Contracted Capacity as can be made available through the use of Prudent Utility Practices will be made available reliably to meet the Procurers’ scheduling and dispatch requirements throughout the Term of this Agreement; c) obtaining all the necessary permissions for the long term open access for the intrastate transmission system for evacuation of power from the Power Station bus bar to the Injection Point (except in case of dedicated transmission lines) and excute all necessary agreements for such transmission access and provide a copy of the same to the Procurer(s); d) [Insert in case the Seller is responsible for obtaining open access] obtaining open access for transmission of Aggregated Contracted Capacity of power from the Injection Point to the Delivery Point; e) [Insert in case of long term procurement] [Insert the following if Seller is NOT a Trading Licensee: “Owning the Power Station throughout the Term of this Agreement free and clear of encumbrances, except those expressly permitted under Article 13” or insert the following if Seller is a Trading Licensee: “Ensuring that the Power Station is owned by the Developer throughout the Term of this Agreement …….[Insert name of Procurer(s)] 30
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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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4.7 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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4.11 Format of checklist for submis
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4.12 Format for Disclosure Standard
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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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