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Untitled - Ministry of Power

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32<br />

Private Participation in <strong>Power</strong> Sector<br />

The first major step towards encouraging private<br />

investment in the <strong>Power</strong> sector was taken in<br />

1991 by providing a legal frame work through an<br />

amendment <strong>of</strong> the then existing Electricity<br />

(Supply) Act, 1948. Subsequently, a definite tariff<br />

framework was also put in place through<br />

notification issued by the Government <strong>of</strong> India.<br />

Further, to bring about rationalization and<br />

transparency in tariff setting process, the<br />

institution <strong>of</strong> Independent Regulatory Commission<br />

was created through an enactment in 1998.<br />

Under the Electricity Act, 2003, tariff for supply<br />

<strong>of</strong> power by a generating company to a<br />

distribution licensee through long term <strong>Power</strong><br />

Purchase Agreement (PPA), is to be determined<br />

by the Regulatory Commission. Tariff for supply<br />

involving a short term PPA (one year or less)<br />

would not, however, be regulated. Where open<br />

access has been allowed to a consumer, he<br />

can reach an agreement with his supplier for<br />

purchase <strong>of</strong> electricity and the tariff for such<br />

transaction would not be regulated. Tariff<br />

determined through competitive bidding is also<br />

not to be regulated.<br />

Chapter - 11<br />

Torangallu TPP (130x2 MW) Karnataka (Bellary District)<br />

RESPONSE FROM THE PRIVATE SECTOR<br />

Private power projects being monitored by<br />

Central Government:<br />

The response to GOI’s energy policy has been<br />

encouraging. Since 1991, a total capacity <strong>of</strong><br />

around 7400 MW from 37 private power plants<br />

has so far been commissioned. Another capacity<br />

<strong>of</strong> around 4500 MW from 12 projects is reported<br />

to be under construction.<br />

MAJOR POLICY INITIATIVES TAKEN TO<br />

STREAMLINE THE PROCESS OF PROJECT<br />

DEVELOPMENT<br />

Captive <strong>Power</strong> Plants<br />

Captive Generation is now free from controls.<br />

Unlike in the Electricity (Supply) Act, 1948, the<br />

Electricity Act, 2003 does away with the<br />

requirement <strong>of</strong> approval / clearance <strong>of</strong> any<br />

authority (SEB/CEA) for setting up <strong>of</strong> captive<br />

generating plant. The new law also ensures<br />

non-discriminatory open access for conveyance<br />

<strong>of</strong> electricity generated from a captive generating<br />

plant to the destination <strong>of</strong> its own use, subject<br />

to availability <strong>of</strong> transmission capacity. For such

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