jkti=] fgekpy izns'k

fgekpy izns'k jkT; 'kklu }kjk izdkf'kr

'kfuokj] 19 vxLr] 2017@28 Jko.k] 1939

fgekpy izns'k ljdkj

INFORMATION TECHNOLOGY DEPARTMENT

CORRIGENDUM

18th August, 2017

No. IT-A(3)-1/2004.—In continuation to this corrigendum even No. dated 22nd April,

2017, please read the Notification date 26th September, 2016 instead of 27th September, 2016.

By order,

Sd/-

Pr. Secretary (Information Technology).

104&jkti=@2017&19&08&2017

¼4979½

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No. PLG-FC (F) 1-17/93-115-VII

Government of Himachal Pradesh

Planning Department.

From

The Additional Chief Secy. (Planning) to the

Govt. of Himachal Pradesh, Shimla-2.

The Genaral Manager,

Norther Railway, Baroda House,

New Delhi-110001.

Dated: Shimla-2, the 7th April, 2017

Subject.— Adoption of “Draft Manual of Instructions for Railway Affecting Works”by the

State Government of Himachal Pradesh.

Sir,

Kindly refer to your letter No. 308-W/0/4/Pt. VI/HR dated 9th November, 2016 on the

subject cited above. The State Government of Himachal Pradesh concurs the adoption of Draft

Manual of Instructions for Railway Affecting works.

Yours faithfully,

Sd/-

DR. SHRIKANT BALDI, IAS

Additional Chief Secy.(Plg).

_________

THE HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION, SHIMLA

NOTIFICATION

Shimla, the 11th August, 2017

No. HPERC/428.—WHEREAS an adequate updated regulatory framework sensitive to the

requirements of various stakeholders is required to be in place to optimally harness the potential of

renewable sources, especially the small hydro, in Himachal Pradesh;

AND WHEREAS the existing Himachal Pradesh Electricity Regulatory Commission

(Promotion of Generation from the Renewable Energy Sources and Terms and Conditions for

Tariff Determination) Regulations, 2012, specify that the tariff period for small hydro projects is

subject to review after 30-09-2017.

NOW, THEREFORE, in exercise of the powers conferred by Sub-section (1) of Section 61,

sub-section (1) of Section 62, clause(a), (b) and (e) of sub-section (1) of Section 86 and Clause (zd)

of sub-section (2) of Section 181, of the Electricity Act, 2003 (36 of 2003), read with Section 21 of

the General Clauses Act, 1897 (10 of 1897), and all other powers enabling it in this behalf, the

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Commission proposes the draft Himachal Pradesh Electricity Regulatory Commission (Promotion

of Generation from the Renewable Energy Sources and Terms and Conditions for Tariff

Determination) Regulations, 2017 and as required by sub-section (3) of Section 181 of the said Act

and rule 3 of the Electricity (Procedure for Previous Publication) Rules, 2005, the draft regulations

are hereby published for the information of all the persons likely to be affected thereby; and notice

is hereby given that the said draft amendment regulations will be taken into consideration after the

expiry of twenty one (21) days from the date of publication of this notification in the Rajpatra,

Himachal Pradesh, together with any objections or suggestions which may within the aforesaid

period be received in respect thereto.

The texts of the aforesaid draft regulations alongwith explanatory memorandum are also

available on the website of the Commission i.e. http.//www.hperc.org.

The objections or suggestions in this behalf should be addressed to the Secretary, Himachal

Pradesh Electricity Regulatory Commission, Vidyut Aayog Bhawan, Block No.-37, SDA Complex,

Kasumpti-171 009 (H.P.).

DRAFT REGULATIONS

CHAPTER-I

PRELIMINARY

Short title and commencement.—(1) These regulations may be called the Himachal

Pradesh Electricity Regulatory (Promotion of Generation from the Renewable Energy Sources and

Terms and Conditions for Tariff Determination) Regulations, 2017.

(2) These Regulations shall come into force on 1st October, 2017 and unless reviewed

earlier or extended by the Commission, shall remain in force till 31st March, 2020.

2. Definitions and Interpretation.—(1) In these Regulations, unless the context otherwise

requires—

(a) ‘Act’ means the Electricity Act, 2003 (36 of 2003);

(b) ‘Auxiliary energy consumption' or 'AUX' in relation to a period in case of a project

means the quantum of energy consumed by auxiliary equipment of the generating

station, and transformer losses within the generating station and/or switchyard thereof,

expressed as a percentage of the sum of gross energy generated at the renewable

energy generator terminals of all the units of the generating station;

(d) ‘Commission' means the Himachal Pradesh Electricity Regulatory Commission

referred to in sub-section (1) of Section 82 of the Act;

(e) ‘Conduct of Business Regulations' means the Conduct of Business Regulations

specified by the Commission under sub-section (1) of Section 92 of the Act;

(f) ‘Control period or review period' means the period during which the norms for

determination of tariff specified in these Regulations shall remain valid;

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(g) ‘Date of commencement of operation of the project’ means the date on which the first

unit of the project is synchronized with the grid for the first time;

(h) ‘Renewable energy generator’ means the person(s) generating or intending to generate

energy, including cogeneration, from renewable energy sources;

(i) ‘HIMURJA’ means the Himachal Pradesh Energy Development Agency set up by the

State Government for the development of the renewables;

(j) 'Installed capacity' or 'IC', for the purpose of tariff determination, means the summation

of the name plate capacities of all the units of the generating station (reckoned at the

renewable energy generator terminals), or the capacity for which the renewable energy

generator has executed implementation agreement with the State Government,

whichever is higher;

(k) ‘Interconnection facilities’ means all the facilities and works which shall include,

without limitation, switching equipment, protection control and metering devices etc.

and all the associated works (also including civil and electrical works), for the

incoming bay(s) for the project line(s) at the interconnecting sub-station of the licensee

and shall also include any other works like re-organisation of bays at the

interconnecting sub-station and associated civil works as may be required for

facilitating the said incoming bays;

(l) 'Inter-connection point' means the physical touch point where the project line(s) and

the allied equipments of the interconnection facilities, forming part of the renewable

energy project, are connected, or are to be connected, with the transmission system or

distribution system, in accordance with the interconnection agreement/connectivity

agreement or power purchase agreement or the power system master plan/sub-plan of

the State Transmission Utility/distribution licensee, as may be relevant;

(m) ‘Licensee’ means a person to whom a licence has been granted or deemed to have been

granted by the Commission under Section 14 of the Act;

(n) 'MNRE' means the Ministry of New and Renewable Energy of the Government of

India;

(o) ‘Municipal Solid Waste’ means and includes commercial and residential waste

generated in a municipal area or its adjoining areas

in either solid or semi-solid

form excluding industrial hazardous wastes but including treated bio-medical wastes;

(p) ‘Net saleable energy’ in relation to a period and in respect of a project, means the

quantum of energy available for sale from that project at the interconnection point in

that period, after allowing auxiliary consumption, transformation losses in the

transformers at the generating station and its switchyard, the losses in project line(s)

upto the interconnection point and free power, if any, to the State Government;

(q) ‘Non fossil fuel based co-generation’ means the process in which more than one form

of energy (such as steam and electricity) are produced in a sequential manner by use of

biomass provided the project may qualify to be a co-generation project if it fulfils the

eligibility criteria as specified in clause (d) of regulation 4;

(r) 'Operation and maintenance expenses' or 'O&M expenses' means the expenditure

incurred on operation and maintenance of the project, or part thereof, and includes,

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without limitation, the expenditure on manpower, establishment (including employees

expense, administrative and general expenses), repairs, spares, consumables, insurance

and overheads as well as the taxes, duties and other levies on any or all such activities;

(s) 'Project' means a RE technology based generating station alongwith generator/step up

transformers at power house switchyard, the evacuation system upto the

interconnection point, including interconnection facilities, and in the case of a small

hydro generating station includes, without limitation, all components of generating

facility such as dam, intake water conductor system, power generating station and

generating units of the scheme, as apportioned to power generation in addition to the

project line(s) and the interconnection facilities;

(t) ‘Project line’ means the evacuation infrastructure from the generating station to the

interconnecting sub-station of the licensee, to be provided, operated and maintained as

a part of the project by the renewable energy generator(s) for the purpose of evacuation

of power from the project;

(u) ‘Refuse Derived Fuel’ means segregated combustible fraction of solid waste other than

chlorinated plastics in the form of pellets or fluff produced by drying, shredding,

dehydrating and compacting combustible components of solid waste that can be used

as fuel;

(v) ‘Renewable energy’ means the grid quality electricity generated from renewable

energy sources;

(w) ‘Renewable Energy Certificate mechanism’ or ‘REC mechanism’ means the

mechanism devised for the development of market in power from non-conventional

energy sources by issuance of transferable and saleable credit certificates under the

Central Electricity Regulatory Commission (Terms and Conditions for recognition and

issuance of Renewable Energy Certificate for Renewable Energy Generation)

Regulations, 2010, and the Himachal Pradesh Electricity Regulatory Commission

(Renewable Power Purchase Obligation and its Compliance) Regulations, 2010;

(x) ‘Renewable energy sources’ mean renewable sources of energy such as small hydro,

wind, solar including its integration with combined cycle, biomass, bio fuel co-

generation, urban or municipal waste including Municipal Solid Waste (MSW) based

power projects and Refuse Derived Fuel (RDF) based power projects and other such

sources as approved by the MNRE;

(y) ‘Small Hydro Project' or ‘SHP’ means a hydro power project with a station capacity

up to and including 25 MW and shall also include the project line(s) and the

Interconnection Facilities.;

(z) ‘Solar PV power’ means the Solar Photo Voltaic power project that uses sunlight for

direct conversion into electricity through Photo Voltaic technology;

(aa) ‘Solar thermal power’ means the solar thermal power project that uses sunlight for

direct conversion into electricity through concentrated solar power technology based

on either line focus or point focus principle;

(ab) 'Tariff period' means the period for which tariff is to be determined by the Commission

on the basis of norms specified under these Regulations;

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(ac) 'Useful Life' in relation to a project shall mean the useful life of the following duration

from the date of commencement of operation of the project, namely:—

(a) Wind energy power project

25 years

(b) Biomas power project, non-fossil

20 years

fuel based co-generation

40 years

(d) Municipal Solid Waste (MSW)/

20 years

Refuse Derived Fuel (RDF) based

power project

(e) Solar PV/Solar thermal power plant

25 years

(f)

any other renewable energy

As may be

technology approved by the MNRE;

fixed under regulation 18

(ad) 'Year' means a financial year.

(2) The words and expressions used in these Regulations and not defined herein, but

defined in the Act or the regulations issued by the Commission, shall have the meanings assigned

to them in the Act or in such regulations issued by the Commission; the words and expressions

used herein but not specifically defined in these Regulations or in the Act, but defined under any

law, passed by a competent Legislature and applicable to the electricity industry in the State, shall

have the meanings assigned to them in such law; the words and expressions used herein, but not

specifically defined in the Regulations or in the Act or any law passed by a competent Legislature,

shall have the meanings as are generally assigned to them in the electricity industry.

Scope and extent of application.—(1) Save as provided in sub- regulations (2) and

(3), these Regulations shall apply in all cases where tariff, for a project based on renewable

sources of energy, is to be determined by the Commission under Section 62, read with Section

86, of the Act:

Provided that in cases of wind, small hydro projects, biomass power based on Rankine

cycle, non-fossil fuel based co-generation projects, solar PV based power projects, solar thermal

based power projects, biomass gasifier based power projects, biogas based power projects,

municipal solid waste based power projects and Refuse Derived Fuel based power projects, these

regulations shall apply subject to the fulfilment of eligibility criteria specified in regulation 4 of

these regulations.

(2) These Regulations shall not apply in the following cases:—

(i) where long term agreement for disposal/use of energy have either already been

signed by the renewable energy generator or have been approved by the

Commission and the capacity of the project has not been enhanced subsequent to

signing/approval of such agreement;

(ii) projects upto 100 kW, for which the Commission may determine tariff through a

separate order;

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(iii) where the tariff has been determined through transparent process of bidding in

accordance with the guidelines issued by the Central Government.

(3) Notwithstanding anything contained in sub-regulations (1) and (2)—

(a) where long term agreements have been executed between the renewable

energy generators and the licensee, before the setting up of the Commission, the

provisions of such agreements shall continue to be applicable;

(b) where, after the setting up of the Commission, the power purchase agreement has

been approved by the Commission prior to the commencement of these

regulations, the tariff shall be in accordance with the terms and conditions of such

approved power purchase agreement read with the Himachal Pradesh Electricity

Regulatory Commission (Power Procurement from Renewable Sources and Co-

generation by Distribution Licensee), Regulations, 2007 and the Himachal

Pradesh Electricity Regulatory Commission (Promotion of Generation from the

Renewable Energy Sources and Terms and Conditions for Tariff Determination)

Regulations, 2012, as may be relevant, irrespective of the date on which such

agreement is actually executed.

Eligibility Criteria.—A project shall be eligible for being considered to be based on

renewable sources of energy on the fulfilment of the following criteria:—

(a) Wind power project.—Using new wind turbine renewable energy generators.

(b) Small hydro project.—Located at the sites approved by the State Government or its

agency; using new plant and machinery; and the installed power plant capacity to be

lower than or equal to 25 MW at single location.

projects using new plant and machinery based on Rankine cycle technology and using

biomass fuel sources, provided use of fossil fuel is restricted only up to 15% of total

fuel consumption on annual basis.

(d) Non-fossil fuel based co-generation project.—The project shall qualify to be termed

as a non-fossil fuel based co-generation project, if it is using new plant and machinery

and is in accordance with the definition and also meets the qualifying requirement

outlined below:—

Topping cycle mode of co-generation.—Any facility that uses non-fossil fuel input

for the power generation and also utilises the thermal energy generated for useful heat

application in other industrial activities simultaneously:

Provided that for the co-generation facility to qualify under topping cycle mode, the

sum of useful power output and one half the useful thermal output be greater than 45%

of the facility’s energy consumption, during season.

Explanation. — For the purposes of this clause—

(i)

‘Useful power output’ is the gross electrical output from the renewable energy

generator. There will be an auxiliary consumption in the co-generation plant itself

(e.g. the boiler feed pump and the FD/ID fans). In order to compute the net power

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output it would be necessary to subtract the auxiliary consumption from the gross

output. For simplicity of calculation, the useful power output is defined as the

gross electricity (kWh) output from the renewable energy generator.

(ii) ‘Useful thermal output’ is the useful heat (steam) that is provided to the process

by the co-generation facility.

(iii) ‘Energy consumption’ of the facility is the useful energy input that is supplied by

the fuel (normally biogases or other such biomass fuel).

(iv) ‘topping cycle’ means a co-generation process in which thermal energy produces

electricity followed by useful heat application in industrial activities.

(e) Solar PV and Solar Thermal based Power Project. —Based on Technologies

approved by the MNRE.

(f) Biomass Gasifier based Power Project.—The project shall qualify to be termed as a

biomass gasifier based power project, if it is using new plant and machinery and

having a grid connected system that uses 100% producer gas engine, coupled with

gasifier technologies approved by the MNRE.

(g) Biogas based Power Project.—The project shall qualify to be termed as a biogas

based power project, if it is using new plant and machinery and having grid connected

system that uses 100% biogas fired engine, coupled with biogas technology for co-

digesting agriculture residues, manure and other bio-waste as may be approved by the

MNRE.

(h) ‘Municipal Solid Waste (MSW) based power projects.’—The project shall

qualify to be termed as a Municipal Solid Waste (MSW) based power project, if it is

using new plant and machinery based on Rankine cycle technology and using

Municipal Solid Waste (MSW) as fuel sources; and

(i) ‘Refuse Derived Fuel (RDF) based power projects.’— The project shall qualify to

be termed as a Refuse Derived Fuel (RDF) based power project, if it is using new plant

and machinery based on Rankine cycle technology and using Refuse Derived Fuel

(RDF) as fuel sources.

__________

CHAPTER-II

PROMOTION OF GENERATION FROM RENEWABLE ENERGY SOURCES

Promotion of renewable energy sources. —(1) Any renewable energy generator who

does not have an arrangement for disposal/use of energy from his project may, with prior consent

of the licensee and approval of the Commission, enter into a power purchase agreement, on long

term basis or under the REC mechanism, with the distribution licensee as per the provisions of the

relevant applicable regulations, read with regulation 3, or the renewable energy generator may have

open access to transmission system and/or distribution system of the licensees, as the case may be,

in accordance with the Himachal Pradesh Electricity Regulatory Commission (Grant of

Connectivity, Long-term and Medium-term Intra-State Open Access and Related Matters)

Regulations, 2010.

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(2) The renewable energy generator, to whom connectivity with the transmission or

distribution system of the concerned licensee has not already been granted, shall apply for

connectivity to the licensee at least 24 months prior to intended date of such connectivity or within

such time frame as may be mutually agreed:

Provided that in case of renewable technologies other than small hydro projects, such

application may be made at least 12 months prior to the intended date of such connectivity or

within such time frame as may be mutually agreed.

(3) The licensee may, on receipt of the application, grant its approval to provide

interconnection point as per the power system master plan/sub- plan, as devised by the State

Transmission Utility (STU)/distribution licensee for various capacities of projects, duly keeping in

view the provisions in the agreements already executed or the mutual acceptance between the

licensee and the renewable energy generator.

(4) The renewable energy generator shall, soon after finalisation of the interconnection

point or immediately in cases where the same has already been finalised, execute an

interconnection agreement with the State Transmission Utility and/or the intra-State transmission

licensee and /or distribution licensee owning the system where connectivity is to be provided.

(5) The licensee shall, after receipt of the estimated cost of the interconnection facilities,

provide appropriate facilities consistent with the grid connectivity standards laid down by the

Authority or as specified in the relevant Code/Regulations-

(i) in case where such facilities are to be provided at an existing sub- station, within a

period of 12 months or as may be agreed otherwise; and

(ii) in case of the new sub-station, within such period as may be mutually

agreed keeping in view the time frame in which such new sub-station is to be

commissioned:

Provided that the renewable energy generator shall give prior intimation, at least 4

months before the expected date of commencement of operation of the project, to

the licensee about his intention and readiness to inject power and also regarding

the arrangements finalised by him for disposal of power beyond the

interconnection point:

Provided further that the renewable energy generator will have to comply with the

connectivity standards and the conditions as specified in the State Grid

Code/Indian Electricity Grid Code (IEGC)–Regulation 2010, the Electricity

Distribution Code and/or any other Standards/Codes/Regulations as may be

relevant.

(6) In order to optimize the use of limited transmission/sub- transmission corridors or the

limited space at the sub-stations of the licensee, the renewable energy generators may, with the

approval of the licensee, enter into a suitable arrangement for joint project line(s) for two or more

projects and inject power into the grid through the joint evacuation system in accordance with the

principles laid down, from time to time, by the Commission.

(7) Notwithstanding anything in the preceding sub-regulation (6) where there are right of

way problems or there are space limitations at the sub- station of the concerned licensee, the

licensee may require the renewable energy generators to enter into suitable arrangement for joint

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project line(s) for two or more projects and inject power into the grid through the joint evacuation

system.

(8) The renewable energy generators may, in consultation with and also with the prior

approval of the licensee, augment or establish, on behalf of the licensee, the transmission/

distribution system beyond the interconnection point, on build and transfer basis, as per best

industry practices and the expenditure so incurred by the renewable energy generators and

approved by the licensee shall be repaid by the licensee, alongwith interest, in five equal

installments, spread over a period not exceeding 5 years commencing from one year after the date

of commissioning of such works, and such expenditure shall be allowed as a pass through to the

licensee:

Provided that if such works are not a part of the Capital Expenditure Plan (CAPEX PLAN)

approved by the Commission, then the necessary approval for the CAPEX PLAN for the same shall

be obtained by the licensee from the Commission before according approval to any such

arrangement.

Grid Connectivity. —Mechanism for grid connectivity shall be as under—

(a) the renewable energy generator shall construct, operate and maintain the project line(s)

at his cost;

(b) the licensee shall, at the cost of renewable energy generator, provide, operate and

maintain the interconnection facilities;

augmentation/establishment of network beyond the inter- connection point under the

CAPEX PLAN and the new or the augmented network shall form part of the assets of

the transmission or the distribution licensee, as the case may be.

7. Co-ordination Committee.—The Commission may constitute a co-ordination

committee to facilitate co-ordination among the State Transmission Utility, transmission licensee,

distribution licensee, HIMURJA and Directorate of Energy of the State Government for evacuating

power from renewable energy projects.

__________

CHAPTER-III

TARIFF DETERMINATION

GENERAL PRINCIPLES

Power Purchase Agreement.—(1) In case of the projects covered under these

Regulations, the renewable energy generator or the distribution licensee may offer to sell/purchase

power in any of the following manner:—

(i) for the entire tariff period starting from the date of commencement of operation of the

project, or for the balance tariff period in case of enhancement of the capacity of the

project at the later stage by availing any of the available tariff option under regulation

13;

(ii) for the mutually agreed period(s) under the REC mechanism;

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(iii) for the balance part of the tariff period, after having sold power initially under the REC

mechanism, in accordance with the provisions of regulation 16;

(iv) in any other manner as may be mutually agreed in accordance with provisions of these

Regulations:

Provided that the distribution licensee shall endeavour to procure power through

competitive bidding, which, to start with, may be done separately for each type of

renewable technology.

(2) In the event of their arriving at a mutual understanding on various issues of the power

purchase agreement, including the tariff option under regulation 13, the parties shall file a joint

petition before the Commission for approval of the proposed power purchase agreement and shall

execute the requisite power purchase agreement after approval of the Commission:

Provided that if the parties have arrived at a mutual understanding on the various issues of

the power purchase agreement, as aforesaid, and the renewable energy generator requires a power

purchase agreement to achieve the financial closure of the project, the parties may file joint petition

for approval of the proposed power purchase agreement before the financial closure.

Provided further that in accordance with the Tariff Policy notified on 28-01-2016 by

Ministry of Power, Government of India, the distribution licensee has to procure the entire net

saleable power from the waste to energy plants in the State and such plants have also been excluded

from the competitive bidding process for tariff determination.

Control period or review period.—(1) The control period for the small hydro

projects under these Regulations shall start from the 1st October, 2017 and shall end on the 31st

day of March, 2020:

Provided that the technology specific parameters for the renewable energy sources, other

than small hydro projects, may be fixed for such durations and reviewed at such intervals, as the

Commission may find appropriate in accordance with regulation 18.

(2) The tariff(s) determined under these Regulations for the renewable energy generation

project(s) or for a category thereof, to which these Regulations are applicable, shall, unless

amended or revised under regulation 20, continue to be applicable till the expiry of the tariff period

as specified in regulation 10.

(3) The revision of the Regulations for the next control period shall be undertaken six

months prior to the end of the control period and in case the revised Regulations are not notified

before the end of the control period, the tariff norms laid down under these Regulations shall,

subject to adjustments under the revised Regulations, continue to remain applicable until the

notification of the revised Regulations.

10. Tariff period.—The duration of tariff period in case of small hydro projects shall

be 40 years and for other renewable technologies the Commission may fix the same under

regulation 18.

11.

Special provisions for Small Hydro Projects.—(1) Where the first Implementation

Agreement of a small hydro project has been executed on or before 31st March, 2017 and no

power purchase agreement, whether under REC Mechanism or otherwise, has been approved by the

Commission for such project before the date of commencement of these Regulations, the norms,

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tariffs and other associated terms and conditions as per Himachal Pradesh Electricity Regulatory

Commission (Promotion of Generation from the Renewable Energy Sources and Terms and

Conditions for Tariff Determination) Regulations, 2012, shall be applicable in the same manner as

applicable to the small hydro projects covered in the said Regulations:

Provided that for the purpose of this regulation, the date of signing the first Implementation

Agreement of the small hydro projects shall only be taken into account and the Supplementary

Agreement(s), if any, executed thereafter due to any reason, but other than due to enhancement of

capacity, whatsoever, viz for extension of the scheduled completion date, shall not be considered:

Provided further that in cases where the power purchase agreements have already been

approved by the Commission, before the date of commencement of these Regulations, the tariffs

for such small hydro projects shall be governed as per provisions of power purchase agreements

and relevant Regulations:

Provided further that if a Supplementary Implementation Agreement is executed on or after

1st April, 2017 to provide for enhancement of capacity, the tariff and other terms and conditions as

per regulation 14 and regulations 20 to 41 shall be applicable only for the incremental energy

generation as per the provisions under regulations 17.

Save as provided in sub-regulation (1), the tariff determined under the regulation 14

and regulations 20 to 41 shall be applicable only for such small hydro projects where—

(i) Implementation Agreement has been signed on or after 1st April, 2017; and

(ii) no power purchase agreement, whether under REC Mechanism or otherwise has been

approved by the Commission before the date of commencement of these Regulations;

and

(iii) the small hydro project has not commenced its operation before the date of

commencement of these Regulations.

12. Tariff design.—(1) The single part levellised tariff structure shall be followed for the

renewable energy technologies:

Provided that for renewable energy technologies having fuel cost component, like biomass

power projects and non-fossil fuel based co-generation, single part tariff with two components, i.e.

fixed cost component and fuel cost component, shall be determined.

(2) The following fixed cost components shall be included for determining the tariff:—

(a) Return on equity;

(b) Interest on loan capital;

(d) Interest on working capital; and

(e) Operation and maintenance expenses.

(3) The generic or project specific tariff shall be determined on levellised basis for the

tariff period:

Provided that tariff for renewable energy technologies, having single part tariff with two

components, referred to in the proviso to sub- regulation (1), shall be determined on levellised basis

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for the tariff period in respect of the fixed cost component and the fuel cost component shall be

specified on year of operation basis.

(4) For the purpose of levellised tariff computation, the discount factor equivalent to the

post tax weighted average cost of capital shall be considered.

13. Tariff options/applicability.—(1) The following tariff options, subject to mutual

acceptance of both the parties, shall be available to the renewable energy generator and the

distribution licensee, intending to sell/purchase power from small hydro projects for the entire

useful life of the project,—

(i)

for the small hydro projects covered under sub-regulation (1) of regulation 11, to be

governed by the generic levellised tariff and associated terms and conditions in

accordance with the provisions of Himachal Pradesh Electricity Regulatory

Commission (Promotion of Generation from the Renewable Energy Sources and

Terms and Conditions for Tariff Determination) Regulations, 2012, in the same

manner in which such tariff would have been applicable if the power purchase

agreement would have been signed before the commencement of these Regulations.

(ii) for the small hydro projects not covered in (i) above for and other RE technology

based project(s):—

(a) to be governed by the generic levellised tariff to be determined by the

Commission, in accordance with the regulation 14, in relation to the control

period in which the power purchase agreement for the project is approved.

(b) to be governed by project specific levellised tariff to be determined by the

Commission in accordance with the regulations 15 and 19, including the exit

options available thereunder to the parties,

prior approval of the Commission, in accordance with the regulation 42;

(d) to be governed by the process of competitive bidding in cases where the licensee

resorts to competitive bidding.

(2) Where, after sale of net saleable energy to the licensee as per the power purchase

agreement(s) approved by the Commission under REC mechanism in the initial periods, the net

saleable energy is to be sold to the distribution licensee for the residual period of the useful life of

the project, the tariff for such sale for such residual period shall be regulated in accordance with the

regulation 16.

(3) Where, after execution of a long term power purchase agreement, the capacity of the

project is enhanced with the approval of the State Government, the tariff shall be regulated under

regulation 17.

(4) In case of the renewable energy sources, other than small hydro projects, the tariff

options, as provided in regulation 18, shall be available to the parties intending to enter into power

purchase agreement for sale/ purchase of power.

(5) The parties shall, while arriving at a mutual understanding about sale/purchase of

power, also mutually decide the tariff option to be adopted, and shall, before submitting the joint

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petition for approval of the proposed power purchase agreement under regulation 8, also reflect the

same in the proposed power purchase agreement:

Provided that the tariff option adopted in the power purchase agreement shall be irrevocable

and binding.

14. Generic levellised tariff.—(1) The Commission shall for each category, mentioned in

regulation 33 of small hydro projects, other than those covered in sub-regulation (1) of regulation

11, determine separate generic levellised tariffs and associated terms and conditions, within 90 days

from the date of commencement of these Regulations by taking into account the norms specified

under these Regulations:

Provided that in case of renewable energy technologies, other than small hydro projects, the

Commission may fix the generic levellised tariffs in accordance with the regulation 18.

(2) The tariff being normative, any shortfall or gain due to performance or any other

reasons is to be borne/retained, as the case may be, by the renewable energy generator and no true

up of any parameter, including additional capitalisation for whatsoever reasons, shall be taken up

during the validity of the tariff except for the specific provisions in these Regulations.

(3) Save as provided under sub-regulations (1) of regulation 11, where the parties have, as

per the power purchase agreements executed by them, opted for generic levellised tariff or the same

is otherwise applicable under regulation 16, the generic levellised tariff determined in relation to

the control period under sub-regulations (1) shall be applicable for all the projects of that category

for which the power purchase agreements are approved by the Commission in that control period.

15. Project specific levellised tariff.—(1) Where the parties to a power purchase

agreement, for a project, other than the small hydro projects covered in sub-regulation (1) of

regulation 11 have mutually agreed, in such power purchase agreement approved by the

Commission after commencement of these Regulations, and executed thereafter by the parties,

opted for a project specific levellised tariff, the Commission shall determine such tariff taking into

consideration—

(i) prudent capital cost as may be admitted by the Commission duly keeping in view

normative capital cost under these Regulations, the cost approved in the Detailed

Project Report, the actual expenditure incurred as per auditor’s certificate, the

information furnished under regulation 19:

Provided that in case of delay in execution of the project, the Commission shall

consider the time over run cost as follows—

(a) where the delay is due to factors entirely attributable to the renewable energy

generator, the entire cost shall be borne by the renewable energy generator;

(b) where the delay is due to force majeure, the Commission may allow the net

additional cost incurred on this account to the renewable energy generator; and

the additional cost, not exceeding 50% of the net additional cost incurred due to

time overrun:

Provided further that the renewable energy generator shall be deemed to have

subscribed to the requisite insurance policies covering the risks during

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construction stage and also to have stipulated provisions for the liquidated

damages in the contracts relating to the construction of the project, awarded by

him, as per the prudent practices, and accordingly, in case of any time and cost

over runs, the Commission shall not allow any amount which is or would have

been recoverable by him on account of such deemed provisions for Insurance and

liquidated damages:

Provided further that any cost pertaining to allotment of the project, including

upfront premium and any other amount charged by the State Government while

granting

extension

capacity

enhancement

or/and

any

liquidated

damages/penalty imposed in accordance with the power purchase agreement

executed with the licensee, will not form part of the capital cost;

(ii) the normative annual capacity utilisation factor specified under Chapter-V of these

Regulations for the small hydro projects or the annual capacity utilisation factor

worked out on the basis of data for 75% dependable year as per the approved Detailed

Project Report, whichever is higher;

(iii) the technology specific parameters as specified for the small hydro projects in Chapter

V of these Regulations and as may be laid down by the Commission for the other

renewable technologies as per regulation 18; and

(iv) financial norms/principles, in relation to the renewable energy technologies based

power projects, as specified in Chapter-IV of these Regulations, which shall except for

capital cost, be considered as ceiling norms.

(v) the ceiling tariff (s), if any fixed by the Commission for the respective categories

of the renewable energy technologies based power projects.

Provided that if the licensee and renewable energy generator have, in accordance with

regulations 32 and 42, agreed in the power purchase agreement executed by them after

prior approval of the Commission to any improved norms, also including operation and

maintenance norms, which may lead to overall reduction in the levellised tariff, such

improved norms shall apply for determination of the project specific levellised tariff.

(2) Where the project specific levellised tariff, as determined under sub- regulations (1)-

(i) exceeds the corresponding generic levellised tariff, duly adjusted for permissible rate

of free power if any, determined by the Commission in relation to the control period in

which the power purchase agreement was approved by the Commission, the

distribution licensee shall have the option to exit from the power purchase agreement,

provided that this option shall not be available to the distribution licensee if the

renewable energy generator agrees to a tariff corresponding to the generic levellised

tariff;

(ii) is less than 95% of the corresponding generic levellised tariff, duly adjusted for

permissible rate of free power if any, determined by the Commission in relation to the

control period in which the power purchase agreement was approved by the

Commission, the renewable energy generator shall have the option to exit from the

power purchase agreement, provided that this option shall not be available to the

renewable energy generator if the distribution licensee agrees to keep the tariff within

the aforesaid limit.

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(3) Where the exit option is exercised by any party under sub- regulation (2) and the

interconnection point for that project falls under the control of the distribution licensee, it shall, on

request from the renewable energy generator, provide open access through its system to the

renewable energy generator as per the open access regulations.

16. Tariff for residual period after sale/purchase under REC mechanism.—(1) In

cases where, after sale/purchase of net saleable energy to/by the licensee as per the power purchase

agreement approved by the Commission, or the project had commenced its operation, under REC

mechanism in the mutually agreed initial period(s), the net saleable energy for the residual period

of the useful life of the project is to be sold to the distribution licensee under long term power

purchase agreement, the tariff for sale/purchase of net saleable energy during such residual period

shall, save as provided in sub- regulations (2) and (3), be regulated as under:—

(a) If the first power purchase agreement for sale/purchase of power under REC

mechanism from a small hydro projects was executed by the parties and/or approved

by the Commission before the commencement of these Regulations, the provisions of

Himachal Pradesh Electricity Regulatory Commission (Promotion of Generation from

the Renewable Energy Sources and Terms and Conditions for Tariff Determination)

Regulations, 2012, shall be applicable in the same manner as if the power purchase

agreement for the residual life of the project would have been approved prior to

commencement of these Regulations.

(b) If the first power purchase agreement for sale/purchase of power to/ by the licensee

under REC mechanism from a small hydro projects, other than the small hydro projects

covered in sub-regulation (1) of regulation 11, is approved by the Commission on or

after the commencement of these Regulations and is signed thereafter, the generic

levellised tariff, as determined by the Commission for the relevant category of small

hydro projects under these Regulations, as per regulation 14 and regulations 20 to 41

shall be applicable.

where the project had commenced its operation before the commencement of these

Regulations, the provisions of Himachal Pradesh Electricity Regulatory Commission

(Promotion of Generation from the Renewable Energy Sources and Terms and

Conditions for Tariff Determination) Regulations, 2012 shall be applicable even if the

first power purchase agreement for sale/purchase of power under REC mechanism

from such small hydro projects is approved by the Commission after the

commencement of these Regulations.

(d) In case of projects based on renewable energy technologies, other than small hydro

projects, the terms and conditions as may be incorporated by the Commission, to

address such situations, in the terms and conditions to be fixed in accordance with

regulation 18 shall be applicable.

(2) Save as provided in sub-regulation (3), in cases where any specific conditions in

relation to the rate/tariff applicable for the residual period, referred to in sub-regulation(1), have

been stipulated while approving the power purchase agreement under REC mechanism, such

conditions shall also be applicable.

(3) If the circumstances so warrant, the Commission may, on the merit of a case, approve

the rate/tariff prevailing in any of the earlier time frames prior to the commencement of Himachal

Pradesh Electricity Regulatory Commission (Power Procurement from Renewable Sources and

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Cogeneration by Distribution Licensee), Regulations, 2007 or the commencement of Himachal

Pradesh Electricity Regulatory Commission (Promotion of Generation from the Renewable Energy

Sources and Terms and Conditions for Tariff Determination) Regulations, 2012 or these

Regulations, as the case may be, for sale/purchase of the net saleable energy during the residual

period referred to in sub- regulation(1).

17. Capacity enhancement.—(1) Where, after the allotment of the original project, the

capacity of a small hydro project is enhanced, with the approval of the State Government, the tariff

for sale of net saleable energy from such projects, shall be governed by the relevant provisions of

sub- regulations (2) to (7), as applicable.

(2) Where the Implementation Agreement for the original capacity as well as the

Supplementary Implementation Agreement for the enhanced capacity have been signed by the

concerned developer with the State Government on or before 31st March, 2017, the relevant

provisions of Himachal Pradesh Electricity Regulatory Commission (Promotion of Generation from

the Renewable Energy Sources and Terms and Conditions for Tariff Determination) Regulations,

2012 and of the power purchase agreements if signed shall be applicable irrespective of the dates of

signing the power purchase agreements for the original capacity and the enhanced capacity.

(3) Where the Implementation Agreement for the original capacity has been signed by the

concerned developer with the State Government on or before 31st March, 2017, but the

Supplementary Implementation Agreement for the enhancement of the capacity is signed on or

after 1st April, 2017, and no power purchase agreement for the enhanced capacity has been

approved by the Commission before the commencement of these Regulations, a composite rate

shall be worked out, on normative basis lines irrespective of the dates of singing the power

purchase agreements for the original capacity and enhanced capacity, as follows:—

(i) the tariff applicable for the original capacity as per the provisions of Himachal Pradesh

Electricity Regulatory Commission (Promotion of Generation from the Renewable

Energy Sources and Terms and Conditions for Tariff Determination) Regulations,

2012 shall be considered for the energy generation corresponding to 75% dependable

year as per the Detailed Project Report for the original capacity, irrespective of the date

of signing of the power purchase agreement for the original capacity:

Provided that if the power purchase agreement for the original capacity has already

been approved by the Commission, or executed by the parties, before the

commencement of these Regulations, the tariff and associated terms and conditions, as

per such power purchase agreement shall be considered.

(ii) for the incremental energy generation due to enhancement of capacity i.e. the energy

generation which is expected to take place in the 75% dependable year as per the detail

project report for the enhanced capacity, the generic levellised tariff determined as per

the provision under regulation 12 to 14 and regulations 20 to 41 of these Regulations

for the category of small hydro projects in which the enhanced capacity falls, shall be

considered:

Provided further that the tariffs considered for the respective quantums energy of as

per clauses (i) and (ii) of this sub- regulation shall be governed by the associated terms

and conditions as per the respective power purchase agreements and relevant

Regulations and in case of any adjustment in any of these tariffs, the adjustment(s)

shall be applicable only for the respective energy quantums as per clauses (i) and (ii) of

this sub-regulation under this sub-regulation;

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Provided further that the composite rate for the entire saleable energy shall, in no case,

be higher than the rate applicable to the small hydro project category under which the

enhanced capacity falls:

Provided further that in cases where the incremental capacity is commissioned in

phases, the tariff(s) during such interim stages shall be computed based on such

incremental energy generation corresponding to the additional capacity actually

installed from time to time.

(4) Where the Implementation Agreement for the original capacity as well as the

Supplementary Agreement for the enhanced capacity are signed on or after 1st April, 2017 and the

project has not commenced its operation before commencement of these Regulations, the

following provisions shall be applicable:

(i)

where neither the Commission has approved, nor the parties have executed, the power

purchase agreement for the original capacity, the enhanced capacity shall be taken

into consideration while approving or executing the power purchase agreement, as the

case may be.

(ii)

where the power purchase agreement for the original capacity of a small hydro

project, covered in these Regulations, has already been approved after the

commencement of these Regulations, and executed thereafter and such power

purchase agreement provides for generic levellised tariff in accordance with

provisions under regulation 14 and regulations 20 to 41 the generic levellised tariff as

well as other associated terms and conditions as per the provision under regulation 14

and regulations 20 to 41 applicable for the relevant category of small hydro projects

under which the enhanced capacity of the small hydro projects falls shall be

applicable for the entire capacity:

Provided that if such power purchase agreement for the original capacity contains

provision for determination of project specific levellised tariff, the Commission may,

on application from both the parties, determine the project specific levellised tariff by

taking into account the norms applicable for the category of small hydro projects in

which the enhanced capacity of the project falls.

(5) Where the power purchase agreement has been executed for the original capacity and

the renewable energy generator sells energy from the additional capacity, under the relevant

Regulations governing REC mechanism, to the distribution licensee with a provision to sell such

energy to the licensee for the balance part of the tariff period after exit from the REC mechanism,

the following provisions shall apply :—

(i) the tariff for the entire net saleable energy for the residual part of the tariff period

shall be fixed/determined in accordance with sub- regulation (2), (3) or (4), as the case

may be;

(ii) during the interim period when the energy is sold partly under the power purchase

agreement for the original capacity and partly through the REC mechanism—

(a) unless provided otherwise in the power purchase agreement for the original

capacity, the tariff applicable for the original capacity shall not be subject to any

adjustment, on account of variation in free power, under sub-regulation (6),

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(b) the total net saleable energy shall be apportioned in a firm ratio on the basis of

original capacity and the enhanced capacity.

(6) In the cases covered by sub-regulations (3), (4) and clause (i) of sub- regulation (5), the

tariff shall be adjusted on account of variation in the free power in accordance with sub- regulations

(2) and (3) of regulation 36:

Provided that in case capacity enhancement is approved by the State Government, the

percentage rate of free power undergoes change due to—

(i) any change in general policy during the intervening period between the dates of

execution of Implementation Agreement for the original capacity and the

Supplementary Implementation Agreement for the enhanced capacity, e.g. on account

of Local Area Development, change in basic rates, change in the category of the

project based on the capacity etc.; or

(ii) additional free power specifically for enhancement of capacity;

the variations in free power on account of item (i) shall only be considered for

adjustment in tariff as per sub-regulations (2) and (3) of regulation 36, but additional

free power for capacity enhancement as per item (ii) shall not be considered for tariff

adjustment.

(7) Where the parties fail to arrive at an understanding for sale/ purchase of energy in the

manner specified in sub-regulations (3) to (6), the right of the distribution licensee for the net

saleable energy as per the original power purchase agreement, duly taking into account the data

contained in the Detailed Project Report for the original capacity and power generation on real time

basis, shall remain protected and the renewable energy generator shall be eligible to dispose off

only the net incremental saleable energy (i.e. after duly adjusting the licensee’s first right as

aforesaid and the total quantum of free energy for the enhanced capacity of the project):

Provided that in such a case, the renewable energy generator shall also arrive at an

understanding with the distribution licensee about the modalities for energy accounting on real time

basis as well as on monthly and annual basis and based on the same, the renewable energy

generator shall also make the distribution licensee a party to any such agreement for disposal of

such incremental energy:

Provided further that in case the licensee and the renewable energy generator mutually

agree to purchase/sell the net incremental saleable energy at a specific rate and jointly make an

application to the Commission for determination of such rate, the Commission may determine the

specific levellised rate for such net incremental saleable energy as per the provisions of this sub-

regulation and by taking into account the provisions of the regulations/practices prevalent in the

time frame during which the capacity enhancement was permitted by the State Government.

(8) Where, after the Commission has approved the power purchase agreement for sale of

power from a project based on a renewable technology other than small hydro project, the capacity

of the project is enhanced, the tariff for sale of net saleable energy from such project shall be

governed by such terms and conditions as may be included by the Commission, to address such

situations, in the terms and conditions fixed by it under regulation 18.

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18. Tariff for renewable energy projects, other than small hydro projects.—(1) The

renewable energy projects, other than small hydro projects, may include the following:—

(i) Wind power project;

(ii) Biomass based power project based on Rankine cycle technology;

(iii) Non-fossil fuel based co-generation project;

(iv) Biomass gasifier based power project;

(v) the Municipal Solid Waste (MSW) based power projects and Refuse Derived Fuel

(RDF) based power projects;

(vi) Solar PV and solar thermal power projects;

(vii) Hybrid projects other than Hybrid solar thermal power plants including renewable–

renewable or renewable– conventional sources, for which renewable technology is

approved by the MNRE;

(viii) Biomass project other than that based on Rankine cycle technology application with

water cooled condenser;

(ix) any other renewable energy technology which may be approved by the MNRE.

(2) Where the technological specific parameters and other terms and conditions, including

the tariff period and useful life of the project, have not been specified, the Commission may, by an

order, at any time and at such intervals as it considers appropriate to do so, fix the same:

Provided that in case of renewable technologies other than small hydro projects such

parameters and terms conditions may also include other suitable provisions as the Commission may

feel necessary to address the situations covered under regulations 16 and 17:

Provided further that the Commission may, by order, categorise the renewable energy

projects, other than small hydro projects, under the respective renewable energy technologies

specified in sub– regulation (1), based on the capacity of projects, the available subsidy schemes

and such other factors as may be considered appropriate by it:

Provided further that the Commission may, in order to promote such technologies for

smaller capacities, follow, mutatis mutandis, upto the limits as it may consider necessary separately

for each such technology but not exceeding 5 MW for any such technology, any or all of the

technological specific parameters, including capital cost, and other terms and conditions or the

tariff, in respect of the relevant financial years of the control period for the relevant renewable

energy technology, as it may deem fit —

(a) as specified or adopted by the Central Commission for determining project specific

tariff for any project(s) or generic levellised tariff for any category of project(s); or

(b) the rate discovered though competitive bidding undertaken by any Government

agency; or

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Provided further that the financial norms, except for capital cost, as specified under

Chapter-IV of these Regulations shall also be considered as ceiling norms.

(3) The Commission may, after having fixed the norms/parameters and other related terms

and conditions as per sub-regulation (2), determine, or otherwise fix, by order, either generic

levellised tariff(s) for any or all categories of such renewable energy technology(ies):

Provided that the Commission may, by order, fix, at such time intervals as it may consider

appropriate, the ceiling rates and associated terms and conditions to be used by the licensee for

reverse bidding for procurement of power from the projects based on such technologies.

(4) The renewable energy generator and the distribution licensee intending to sell/purchase

power from the projects based on the renewable energy sources, other than the small hydro

projects, for the entire useful life of the project, may, at the time of filing joint petition for the

approval of the power purchase agreement, mutually agree to be governed by the generic levellised

tariff, if the Commission has already determined or expressed its intention, by order, to determine

such a rate for that technology, or in absence of Commission having expressed any such intention,

for determination of project specific tariff by the Commission.

(5) In order to facilitate execution of the power purchase agreements by the distribution

licensee with the renewable energy generator, within the framework of sub-regulation (4), the

Commission may, subject to mutual agreement between the parties, allow, or otherwise direct, the

parties to incorporate in the power purchase agreement—

(i) a provisional tariff based on the generic levellised tariff, if any, notified by the Central

Commission for that technology(ies), for the relevant timeframe, or any other rate as

may be considered appropriate by the Commission;

(ii) other related terms and conditions including the maximum permissible variations in the

provisional tariff;

(iii) any deviations from norms, as may be mutually agreed by the parties under regulations

32 and 42; and

(iv) any other conditions as may be considered appropriate by the Commission.

19. Petition and proceedings for determination of project specific levellised tariff.—

(1) Where the renewable energy generator and the licensee have mutually agreed, in the power

purchase agreement signed by them with the approval of the Commission, for the determination of

project specific levellised tariff, the renewable energy generator may file, on any date falling

between ninety (90) days to one hundred and eighty (180) days before the expected date of

commencement of operation of the project, the petition for determination of the project specific

levellised tariff in accordance with the Conduct of Business Regulations which shall, apart from

such fee as specified by the Commission, be accompanied by—

(a) a copy of the mutual agreement between the parties for project specific determination

of tariff and the conditions, if any;

(b) the detailed breakup of capital expenditure incurred and to be incurred for completing

the works covered in the original scope of works or for discharging the outstanding

liabilities in respect of the completed works and tariff calculations etc. as per the

formats as may be laid down by the Commission from time to time;

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factor, site specific aspects, premise for capital cost and financing plan and in case

of small hydro projects hydrological data for 75% dependable year;

(d) a statement of all applicable terms and conditions and annual expenses as per these

Regulations;

(e) a statement containing full details of calculation of any subsidy, incentives and grant or

budgetary support received, due or assumed to be due, from the Central Government

and/or State Government. This statement shall also include the proposed tariff

calculated with and without the benefit of accelerated depreciation in accordance with

regulation 22 ; and

(f) electronic formats and soft copy of other details submitted;

(g) requirements of additional data relevant to the agreement in pursuance of which the

project specific determination is sought;

(h) any other information as the Commission may require the petitioner(s) to submit at

the time of undertaking, or during the course of, determination of project specific

tariff..

(2) The Commission may, during the pendency of the petition filed under sub-regulation

(1), allow, on such terms and conditions as it may consider necessary, a provisional tariff not

exceeding the generic levellised tariff, if any, applicable to the relevant category

20. Review of tariff.—(1) Save as provided in sub-regulations (2) and (3), the generic

levellised tariff or project specific levellised tariff, as the case may be, determined in accordance

with the provisions of these Regulations shall be firm and shall not to subject to any review.

(2) Impact of any change(s) in the rate of free power under the general policy for allotment

of sites, but only to the extent permitted under regulation 36 and further within the limit of 13% as

per the National Tariff Policy and/or National Hydro Policy, shall be payable/adjustable as per the

provisions of regulations 36.

(3) If, after the determination of the generic levellised tariff for the control period or the

project specific levellised tariff for a project,—

(i) a water cess or tax on generation is levied which impacts all or any of the

projects; and/or

(ii) the limit of 13% for the pass through of free power in the tariff, as per the

National Hydro Policy/ Tariff Policy is revised; and/or

(iii) the mechanism or quantum of the capital subsidy or budgetary grant mentioned in

regulation 22 is changed as a matter of policy; and/or

(iv) the State Government revises its instructions with regard to the minimum flow of

water downstream of diversion structure of the small hydro projects and

implements the same; the Commission may, suo-motu or on an application made

to it, by generic or specific order, review the tariff for the residual tariff period or

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such other part as it may deem fit, for the projects or group of projects actually

impacted, to account for the impact of such changes:

Provided that while revising the tariff, the Commission may incorporate such

terms and conditions, including the period for which such revised tariff shall be

applicable, as it may deem fit.

_________

CHAPTER-IV

FINANCIAL PRINCIPLES

21. Capital Cost.—(1) The norms for the capital cost in case of small hydro projects shall

be as specified in Chapter-V of these Regulations and in case of other renewable technologies, shall

be as stipulated under relevant orders of the Commission under regulation 18.

(2) The norms for the capital cost shall be inclusive of all the expenses required to be

incurred as per prudent practices upto the commissioning of the project, including, but not limited

to, the cost of capital works, land, preparation of the Detailed Project Report, Survey and

Investigation, plant and machinery, civil works, erection and commissioning, financing and interest

during construction, land acquisition, resettlement and rehabilitation, contribution towards Local

Area Development Fund (LADF), statutory and non-statutory clearances and evacuation

infrastructure up to inter-connection point (also including interconnection facilities), insurance

charges against the risks during construction stage etc. and also all taxes, levies and duties on all

such components/works capital works:

Provided that any cost pertaining to allotment of the project, including upfront premium and

any other amount charged by the State Government while granting extension or capacity

enhancement or/and any liquidated damages/penalty imposed in accordance with the power

purchase agreement executed with the licensee, will not form part of the capital cost:

Provided further that for project specific tariff determination, the renewable energy

generator shall submit the itemwise break-up of capital cost along with its petition in the manner

specified under regulation 19 and the capital cost admitted by the Commission shall be taken into

consideration.

22. Subsidy or incentive or grant/budgetary support by the Central/ State

Government.—(1) While determining the generic levellised or project specific levellised tariff, as

the case may be, for the renewable energy project(s) under these Regulations, the Commission shall

take into consideration any incentive and/or subsidy and/or grant available under the schemes of

the Central or State Government or its agencies, but excluding accelerated depreciation benefit

under the Income Tax Act:

Provided that for tariff determination, 80% of the capital subsidy available to the project as

per applicable scheme of the MNRE/ State Government shall be considered:

Provided further that the Commission may evolve suitable mechanisms for incorporating

impact of the subsidy component for determination or adjustment of generic levellised tariffs for

various categories of projects:

Provided further that the capital subsidy under the schemes of the Central or State

Government or its agencies, shall, unless the circumstances otherwise warrant, be ordinarily

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adjusted against the principal component of the loan amount as additional reduction apart from the

normal payment:

Provided further that where the Central Government or the State Government notifies or has

notified any generation based incentive (GBI) scheme for a particular kind of renewable

technology, such technology based generating station shall be assumed to have availed the benefit

of such a scheme and their tariffs shall automatically be treated as reduced by the amount of

generation based incentive (GBI) per unit for the period during which such incentive remains

applicable.

(2) Where any additional grant or budgetary support is available to any project, apart from

the incentive and/or subsidy and/or grant available under sub-regulation (1) of this regulation, the

Commission shall account for 100% of such budgetary support, while determining project specific

levellised tariff.

(3) The amount of subsidy shall be considered for each renewable source as per the

applicable policy of the MNRE/State Government and if the amount and/or mechanism of subsidy

is changed by the MNRE/State Government, consequent corrections in tariffs may be carried out by

the Commission in accordance with regulation 20.

23.

Debt-Equity Ratio.— (1) The normative debt equity ratio shall be 70:30.

(2) For generic levellised tariff, the Commission shall adopt debt equity ratio of 70:30.

(3) For project specific levellised tariff, the following provisions shall apply —

(i) if the equity actually deployed is more than 30% of the capital cost admitted by

the Commission under regulation 15, the equity deployed in excess of 30% limit

shall be treated as normative loan in accordance with the National Tariff Policy

and shall be deemed as advanced at the weighted average rate of interest and for a

weighted average tenor of the long term debt component of the project after

ascertaining the reasonableness of the interest rates and taking into account the

effect of debt restructuring, if any;

(ii) in case the equity deployed is equal to or below the normative level of 30%, the

actual equity would be used for determination of Return on Equity in tariff

computations.

(iii) the equity invested in foreign currency, if any, shall be designated in Indian

rupees on the date of each investment.

Explanation.—For the purposes of return on equity, any resources available to the

renewable energy generator from its share premium account or from its internal

resources that are used to fund the equity commitments of the project under

consideration shall be treated as equity subject to the limitations contained in this

regulation and regulation 26.

(4) The Commission shall treat any incentive or subsidy and/or grant/ budgetary support

available from the MNRE/State Government, to the extent specified under regulation 22, to have

been utilized towards pre- payment of debt in such phases as it may deem fit, leaving balance loan

to be considered for determination of tariff.

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24.

Loan and Finance Charges.—(1) For the purpose of determination of tariff, loan

tenure of 13 years, inclusive of moratorium period, if any, shall be considered:

Provided that the capital subsidy admissible to the renewable energy generator shall

normally be considered for the reduction of loan period and such reduced loan tenure shall be

considered for the purpose of tariff determination.

(2) Interest Rate

(a) The loans arrived at in the manner indicated in the regulation 23 shall be

considered as gross normative loan for calculation for interest on loan. The

normative loan outstanding as on April 1st of every year shall be worked out by

deducting the cumulative repayment up to March 31st of previous year from the

gross normative loan.

(b) For the purpose of computation of tariff(s) under these Regulations, normative

interest rate of two hundred (200) basis points above the average State Bank of

India MCLR (one year tenor) prevalent during the last available six months, prior

to the respective date(s) from which such tariff(s) the respective generic levellised

tariff are to be made applicable, shall be considered:

Provided that in case where the project specific tariff is to be determined, such

average rate of SBI, as prevalent during the respective periods in which the loan

has been availed, shall be taken into account on weighted average basis and the

rate so worked out on this basis or the weighted average rate at which the loan has

been availed, whichever is lower, shall be considered.

generator, the repayment of loan shall be considered from the first year of the

tariff period and shall be equal to the annual depreciation allowed.

(d) The loan repayment for a financial year or the relevant part period thereof shall be

considered to have been done in the middle of that financial year or the relevant

part period thereof, as the case may be.

25. Depreciation.—For the purpose of tariff determination, depreciation shall be

computed in the following manner, namely:—

(a) the value base for the purpose of depreciation shall be the normative capital cost (for

generic tariff) or the capital cost of the project as admitted by the Commission (for

project specific tariff), as the case may be;

(b) the salvage value of the asset shall be considered as 10% and depreciation shall be

allowed up to maximum of 90% of the capital cost of the asset;

tariff purposes, the depreciation shall be allowed @ 5.28% per annum till such time the

requirement for repayment of loan component of the capital cost as per regulations 21,

23 and 24 after adjusting the amount of subsidy as per regulation 22, is fully provided

and the remaining depreciation shall be spread over the residual useful life of the

project on straight line method;

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(d) depreciation shall be chargeable from the first year of commencement of operation of

the project:

Provided that in case of operation of the asset for part of the year, depreciation shall be

charged on pro rata basis for the purposes of project specific determination of tariff.

26. Return on Equity.—(1) The value base for the equity shall be 30% of the normative

capital cost as determined under regulation 21:

Provided that in case of project specific determination, the value base of equity shall be

restricted to the actual amount of equity or 30% of the capital cost admitted by the Commission,

whichever is lower, in accordance with the provisions of regulation 23.

(2) The normative return on Equity shall be 17% per annum on pre tax basis and shall not

be subject to any adjustment on account of any changes in the tax rates under the Income Tax Act.

27.

Interest on working capital.—(1) The working capital requirement in respect of wind

energy projects, small hydro power, solar PV and solar thermal projects shall be computed in

accordance with the following:—

(a) operation and maintenance expenses for one month;

(b) receivables equivalent to 2 (two) months of energy charges for sale of electricity

calculated on the net saleable energy corresponding to the CUF considered for tariff

determination on normative basis;

(2) The working capital in respect of biomass power projects with Rankin Cycle

technologies, biomass gasifier based power projects, non-fossil fuel based cogeneration projects,

Municipal Solid Waste power projects and Refused Derived Fuel project shall be computed in

accordance with the following:—

(a) fuel cost for four months equivalent to normative Plant Load Factor (PLF).

(b) operation and maintenance expenses for one month;

charges) for sale of electricity calculated on the net saleable design energy on

normative basis;

(d) maintenance spare @ 15% of operation and maintenance expenses.

(3) In case of the renewable technologies not covered in sub-regulations (1) and (2), the

Commission may adopt such norms, as it may consider appropriate, at the time of determination of

tariff.

(4) Interest on Working Capital shall be at interest rate equivalent to the normative interest

rate of three hundred (300) basis points above the average State Bank of India MCLR (One Year

Tenor) prevalent during the last available six months, prior to the respective date(s) from which the

generic tariff(s) are to be made applicable:

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Provided that in case where the project specific tariff is to be determined, such average rate

for the last available six months prior to the date from which the project specific tariff is to be made

applicable, shall be considered.

28. Operation and maintenance expenses.—(1) Operation and maintenance expenses

mean the expenditure incurred on operation and maintenance of the project, or part thereof, and

includes, without limitation, the expenditure on manpower, establishment (including employees

expense, administrative and general expenses), repairs, spares, consumables, insurance and

overheads as well as the taxes, duties and other levies on any or all such activities.

(2) Operation and maintenance expenses shall be determined for the tariff period based on

normative operation and maintenance expenses specified in Chapter-V of these Regulations for the

small hydro projects and as stipulated in relevant orders of the Commission for other renewable

technologies.

(3) Normative O&M expenses allowed under these Regulations shall be escalated at the

rate of 5.72% per annum over the tariff period.

29. Taxes and duties.—Tariff determined under these Regulations shall be inclusive of all

taxes and duties and shall not be subject to any change except for the provisions specified under

regulation 20.

30. Rebate.—(1) The due date for payment of bills shall be 60 days from the date of

billing.

(2) For payment of bills of the renewable energy generator through letter of credit, a rebate

of 2% shall be allowed.

(3) Where payments are made other than through letter of credit within a period of one

month of presentation of bills by the renewable energy generator, a rebate of 1% shall be allowed.

31. Late payment surcharge.—In case the payment of any bill for charges payable under

these Regulations is delayed beyond a period of 60 days from the date of billing, a late payment

surcharge at the simple interest rate of 1.25% per month shall be levied by the renewable energy

generator for the actual number of days by which the payment is delayed.

32. Ceiling norms.—The financial norms, except for capital cost, as specified in this

Chapter of these Regulations, shall be considered as ceiling norms and the same shall not preclude

the licensee or renewable energy generator from agreeing to improved norms, including operation

and maintenance norms, which may lead to overall reduction in the levellised tariff and in case the

improved norms are agreed to, such improved norms shall be applicable for determination of the

project specific levellised tariff.

_________

CHAPTER –V

TECHNOLOGY SPECIFIC PARAMETERS FOR SMALL HYDRO PROJECTS

33. Categorisation.—For the purpose of tariff determination, the small hydro projects

shall be categorized as under:—

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(i) Above 100 kW to 2 MW capacity

(ii) Above 2 MW to 5 MW capacity

(iii) Above 5 MW to 25 MW capacity

34. Normative Capital cost.—(1) In case of small hydro projects, the normative capital

cost inclusive of all its components as specified in regulation 21 of these Regulations, for the

control period shall be as under:—

Sl. No.

Category of small hydro project

Rupees in Lac per MW

(i)

Above 100 kW to 2 MW capacity

860

(ii)

Above 2 MW to 5 MW capacity

830

(iii)

Above 5 MW to 25 MW capacity

780

(2) The subsidy/grant/budgetary support or incentives provided by the Central/State

Government shall be adjusted in accordance with the regulation 22 of these Regulations.

35. Normative saleable energy.—(1) The normative saleable energy at the

interconnection point for the purpose of generic levellised tariff shall be computed on the following

lines namely :—

(i) the normative annual capacity utilisation factor (CUF) for all the small hydro projects

upto 25 MW shall be 55%. The number of hours in a year for calculations of CUF shall

be 8766;

(ii) the normative annual energy worked out at the normative CUF under preceding clause

(i) for the installed capacity shall be adjusted for the auxiliary consumption,

transformation losses and the losses in the project line(s) at the normative rates as per

regulations 37 and 38;

(iii) the energy worked out under preceding clause (ii) shall be further reduced by the

permissible rate of the free power subject to a maximum of 13%, for any year or part

thereof, consistent with the National Hydro Policy, Tariff Policy and the policy of the

State Government for allotment of sites of small hydro projects in the manner as laid

down in regulation 36, so as to arrive at the year wise normative net saleable energy at

the interconnection point which shall be taken into account for working out the generic

levellised tariff.

(2) The normative capacity utilization factor (CUF) under clause (i) of sub- regulation (1)

takes into account the impact of mandatory release of water discharge immediately downstream of

diversion structure of the project based on the existing instructions of the State Government which

provide that for the purpose of determination of minimum discharge, the threshold value not less

than 15% of the minimum inflow observed in the lean season shall be considered.

(3) The normative year wise net saleable energy for the purpose of project specific tariff

determination shall also be worked out on similar lines given in sub-regulations (1) and (2) but by

taking into account the annual Capacity Utilisation Factor (CUF) in accordance with clause (ii) of

sub- regulation (1) of regulation 15, the normative auxiliary consumption and transformation losses

under regulation 37 and the energy losses in the project line under regulation 38.

5007

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36. Free Power.—(1) The Commission shall consider appropriate structure(s) of free

power for determination of generic levellised tariffs for various categories of small hydro projects,

as mentioned in regulation 33, duly keeping in view of the provisions of the State Hydro Policy for

allotment of sites for small hydro projects, National Hydro Policy, Tariff Policy and the limits

specified under sub-regulation(3):

Provided that in cases requiring determination of the project specific tariff, the Commission

shall consider the structure of free power actually applicable to that project subject to the above and

the limits specified in sub-regulation(3).

(2) In case of any change in the structure of free power for a small hydro project from that

considered for the determination of generic levellised tariff or project specific levellised tariff in

accordance with sub-regulation (1) or in cases where the adjustment in tariff on account of

variation in free power has to be allowed as per the specific provisions contained in these

Regulations, including those covered in regulation 17 and sub-regulation (2) of regulation 20, the

distribution licensee shall adjust the tariff as per the following formula:—

Rate payable for the month for

the

net

saleable

Energy

(Rs/kWh)

= a x (100—b)/(100—c)

Where, —

“a” is the levellised tariff (in Rs/kWh) which is required to be adjusted under this regulation

“b” is the free power (in percentage) taken into account or deemed as taken into account for

the month, in “a” in the corresponding month of the tariff period by reckoning the date of

commencement of operation of the project as the starting date of the tariff period.

“c” is the free power (in percentage) to be allowed in the tariff for the month subject to

maximum limit of 13% free power(energy) and the provisions of sub- regulation (3)

Where free power is applicable at different rates for different parts of a month, the

permissible free power (i.e “c”) shall be determined under this sub-regulation separately for

each such part and weighted average rate for the month as a whole shall be worked out by

considering the total quantum of energy for each day of the month.

(3) The free power (in percentage) to be taken into consideration for the purpose of

determination of tariff under sub-regulation (1) and/or any adjustment under sub-regulation

(2) shall be subject to the following: —

(i) The free energy to be taken into account for any part of the tariff period for the

purposes of sub-regulation (1), or to be allowed for any part of the tariff period for the

purposes of sub-regulation (2), shall not exceed 13% free power(energy) which

includes 12% free power to home State and 1% additional free power for Local Area

Development Fund, as stipulated in the National Hydro Policy/ Tariff Policy.

(ii) Any quantum of free energy, if committed by the renewable energy generator over and

above the 13% free power(energy) for any period shall not be factored into the tariff.

(iii) Additional free energy, if any, to be provided by the renewable energy generator to the

State Government, on account of curtailment of waiver period due to delay in

5008

jkti=] fgekpy izns'k] 19 vxLr] 2017@28 Jko.k] 1939

commissioning of project as per provisions of Implementation Agreement and/or for

enhancement of capacity and/or for any reason attributed to the renewable energy

generator shall not be taken into account even if the total free power for any period,

including such additional free power, does not exceed 13% free power(energy).

(iv) The quantification and adjustment of free energy as well the energy accounting shall

be made with reference to the energy projected/received at the interconnection point.

(v) The free energy to be allowed for any period for the purpose of sub- regulation (2)

shall in no case be more than that actually deducted for that period in the energy

accounts, out of the total energy received at the interconnection point.

37. Auxiliary

consumption

and

transformation

losses.—Normative

auxiliary

consumption and transformation losses for the small hydro projects shall be 0.5% of the gross

generation and the same for transformation losses at the switchyard linked to the generating station

of the projects shall also be 0.5% :

Provided that for the sake of simplicity, these two factors shall be clubbed together and

accounted for as 1% of the gross generation.

38. Energy losses.—(1) The normative energy losses in the project line(s) shall be 0.7% of

the net generation (i.e. after deducting auxiliary consumption and transformation losses, on

normative basis, from the gross generation).

(2) For the project specific levellised tariff, the percentage losses worked out on the basis

of actual length of the project line(s), conductor size and expected power flow shall be taken into

consideration.

39. Operation and maintenance expenses.—(1) Normative annual O&M expenses for

the control period shall be as follows:—

Sl. No.

Category of Project

Annual O&M expenses

Rupees in Lac per MW

(i)

Above 100 kW to 2 MW capacity

(ii)

Above 2 MW to 5 MW capacity

(iii)

Above 5 MW to 25 MW capacity

CHAPTERV-VI

OTHER PARAMETERS

40. CDM benefits.—(1) In case of small hydro projects, the proceeds of carbon credit from

approved CDM project shall be retained by the Small Hydro Project generator and shall not be

adjusted in the tariff.

(2) In case of renewable energy technologies, other than the small hydro projects, the

CDM benefit shall be shared in the following manner, namely.—

5009

jkti=] fgekpy izns'k] 19 vxLr] 2017@28 Jko.k] 1939

100% of the gross proceeds on account of CDM benefit to be retained by the project

developer in the first year after the date of commercial operation of the generating

station;

In the second year, the share of the beneficiaries shall be 10% which shall be

progressively increased by 10% every year till it reaches 50%, where after the proceeds

shall be shared in equal proportion, by the generating company and the beneficiaries.

41. Tariff for lower or higher generation.—The tariff based on normative quantum of

net saleable energy corresponding to the normative CUF, or any other higher CUF taken into

consideration for the project specific determination of tariff as per the provisions of regulation 15,

as the case may be, shall be applicable for the entire quantum of net saleable energy actually

achieved irrespective of whether such quantum is higher or lesser than the normative quantum of

net saleable energy taken into consideration for determination of the tariff.

_________

CHAPTER-VII

MISCELLANEOUS

42. Deviation from norms.—Tariff for sale of electricity by the renewable energy

generator may also be agreed between the renewable energy generator and the licensee in deviation

from the norms specified in these regulations subject to the condition that the levellised tariff over

the useful life of the project on the basis of the norms in deviation does not exceed the levellised

tariff determined on the basis of the norms specified in these Regulations:

Provided that the reasons for deviation from the norms specified under these

Regulations shall be recorded in writing.

43. Overriding effect.—The provisions of these Regulations shall have effect

notwithstanding anything inconsistent therewith contained in any other regulations, framed by the

Commission, relating to the determination of tariff and/or making provisions for open access under

the Act.

44. Power to remove difficulties.—If any difficulty arises in giving effect to these

Regulations, the Commission may, of its own motion or otherwise, by an order, and after giving a

reasonable opportunity to those likely to be affected by such order, make such provisions, not

inconsistent with these Regulations, as may appear to be necessary for removing the difficulty.

45. Power to relax.—The Commission may, by general or special order, for reasons to be

recorded in writing and after giving an opportunity of hearing to the parties likely to be affected,

may relax any of the provisions of these Regulations on its own motion or on an application made

before it by an interested person.

By order of the Commission,

Sd/-

Secretary.

5010

jkti=] fgekpy izns'k] 19 vxLr] 2017@28 Jko.k] 1939

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