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 4.7.3 In case of extension due to reasons specified in Article 4.7.1(b) and (c), and if such Force Majeure Event continues even after the maximum period of …………….. Months [Insert “twelve (12)” in case of long term procurement / “two (2) ” in case of medium term procurement], any of the Parties may choose to terminate the Agreement as per the provisions of Article 11.5. 4.7.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the Revised Scheduled Delivery Date(s), Scheduled Delivery Date or the Expiry Date should be deferred by, any Party may raise the Dispute to be resolved in accordance with Article 14. 4.7.5 As a result of such extension, the Scheduled Delivery Date and the Expiry Date newly determined shall be deemed to be the Scheduled Delivery Date and the Expiry Date for the purposes of this Agreement. 4.8 Liquidated Damages for delay in commencement of supply of power to Procurer(s) 4.8.1 If the Seller is unable to commence supply of power to the Procurer(s) by the Scheduled Delivery Date or the Revised Scheduled Delivery Date, as the case may be, other than for the reasons specified in Article 4.7.1, the Seller shall pay to Procurer [insert “each Procurer” instead of “Procurer” in case of multiple Procurers] liquidated damages as per this Article 4.8.1, [insert further in case of multiple procurers: “proportionate to the then existing Contracted Capacity”], for the delay in such commencement of supply of power and making the Contracted Capacity available for dispatch by the Scheduled Delivery Date or the Revised Scheduled Delivery Date, as the case may be. Provided that the Seller shall have the option to supply power from any alternative generation source from the Scheduled Delivery Date or the Revised Scheduled Delivery Date, as the case may be, for a continuous period not exceeding twelve (12) months at the same Tariff as per the terms of this Agreement. Provided further that the cumulative Availability from such alternative generation source in the twelve (12) months period shall not be less than the Normative Availability. If the Seller fails to commence such supply of power or fails to achieve the required Availability as mentioned above in this para, it shall pay to the Procurer(s) liquidated damages as per this Article 4.8.1. In case the transmission and other incidental charges, including but not limited to application fees for open access, RLDC/SLDC charges, etc., applicable from the alternative source of power supply are higher than the applicable Transmission Charges from the Injection Point to the Delivery Point, the Seller would be liable to bear such additional charges. The sum total of the liquidated damages payable by the Seller to the Procurer(s) shall be calculated as follows: SLDb = [CC * d * DR1], if d 60 where: …….[Insert name of Procurer(s)] 35
Standard PPA for … [Insert ‘medium’ or ‘long’, as applicable] term power procurement under Case -1 a) “SLDb” are the liquidated damages payable by the Seller during the period beginning with the day from the Scheduled Delivery Date or the Revised Scheduled Delivery Date or from the end of continuous period of supply from the alternative generation source or for the period during which the Availability from the alternative generating source is less than the Normative Availability, as the case may be, up to and including the day on which supply of power to the Procurer(s) actually commences from the generation source as provided in this Agreement; b) “CC” is the Contracted Capacity; c) “d” is the number of days in the period beginning with the day after the Scheduled Delivery Date or the Revised Scheduled Delivery Date or from the end of continuous period of supply from the alternative generation source or for the period during which the Availability from the alternative generating source is less than the Normative Availability, as the case may be, up to and including the day on which supply of power to the Procurer(s) actually commences from the generation source as provided in this Agreement; d) “DR1” is Rs. Ten Thousand (10,000) of damages per MW per day of delay in case “d” is equal to or less than 60 days and “DR2” is Rs. Fifteen Thousand (15,000) of damages per MW per day of delay in case “d” is more than 60 days. 4.8.2 The Seller’s maximum liability under this Article 4.8 shall be limited to the amount of liquidated damages calculated in accordance with Article 4.8.1 for and up to ……………. Months [Insert as applicable: “twelve (12)” in case of long-term procurement / “two (2) months” in case of medium term procurement] of delay for commencement of supply of power from the Scheduled Delivery Date or the Revised Scheduled Delivery Date, as the case may be. Provided that in case of failure of the Seller to start supply of power to Procurer(s) even after expiry of …………… Months [Insert as applicable: “twelve (12)” in case of longterm procurement / “two (2)” in case of medium term procurement] from its Scheduled Delivery Date or the Revised Scheduled Delivery Date, as the case may be, it shall be considered as a Seller Event of Default and provisions of Article 11 shall apply. 4.8.3 The Seller shall pay the amount calculated pursuant to Article 4.8.1 to the Procurer(s) within ten (10) days of the earlier of: a) the date on which the Seller commences supply of power to the Procurer(s), or b) expiry of the ………………………[Insert as applicable: “twelve (12) Months” in case of long-term procurement / “two (2) Months” in case of medium term procurement] period mentioned in Article 4.8.2. 4.8.4 If the Seller fails to pay the amount of liquidated damages within the period of ten (10) days as specified in Article 4.8.3, the Procurer(s) shall be entitled to recover the said amount of the liquidated damages by invoking the Contract Performance Guarantee. If the then existing Contract Performance Guarantee is for an amount which is less than the amount of the liquidated damages payable by the Seller to the Procurer(s) under this Article 4.8, then the Seller shall be liable to forthwith pay the balance amount within ten (10) days of the invocation of the Contract Performance Guarantee by the Procurer(s). …….[Insert name of Procurer(s)] 36
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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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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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4.9 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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Guidelines for determination of tariff & SBD for ... - Ministry of Power

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