THE

JHARKHAND GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

21 Kartik, 1942 (S)

Ranchi, Thursday, 12th November, 2020

JHARKHAND STATE ELECTRICITY REGULATORY

COMMISSION, RANCHI

JSERC (Terms and Conditions for Determination of Generation Tariff)

Regulations, 2020

No. 74 –In exercise of powers conferred by sub-section (1) of Section 181 and clauses (zd),

(ze) and (zf) of sub-section (2)of Section 181, read with Sections 61, 62, and 86, of the

Electricity Act, 2003(36 of 2003) and all other powers enabling it in that behalf, the

Jharkhand State Electricity Regulatory Commission, hereby makes the following

Regulations. A Regulation guided by the principles contained in Sections 61 and 62 of the

Act to encourage competition, efficiency, economical use of resources, good performance

and optimum investments by the Generating Company within the State of Jharkhand and for

determination of Multi-Year Tariff to be recovered by the Generating Company for the

prudent expenses incurred for generating electricity.

No. 569

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

2

CHAPTER-I

SCOPE, EXTENT AND DEFINITIONS

A 1. Short Title and Commencement

1.1

These Regulations shall be called the Jharkhand State Electricity Regulatory

Commission (Terms and Conditions for Determination of Generation Tariff)

Regulations, 2020.

1.2

These Regulations shall come into force for the period from April 01, 2021 to

March 31, 2026, after its publication in the Official Gazette of the Government of

Jharkhand and unless reviewed earlier or extended by the Commission, shall

remain in force upto March 31, 2026:

Provided that where a generating station or Unit thereof, has been declared

under commercial operation before the date of commencement of these

Regulations and whose tariff has not been finally determined by the Commission

till that date, tariff in respect of such generating station or Unit thereof for the

period ending March 31, 2021 shall be determined in accordance with the JSERC

(Terms and Conditions for Determination of Generation Tariff) Regulations, 2015,

JSERC (Terms and Conditions for Determination of Generation Tariff)

Regulations, 2010, JSERC (Terms and Conditions of Tariff determination, Multi-

Year Tariff Framework) Regulations, 2007, and JSERC (Terms and Conditions for

determination of Thermal Generation Tariff) Regulations, 2004, read with all the

amendments thereto, as the case may be.

1.3

These Regulations shall extend to the whole of the State of Jharkhand.

1.4

These Regulations shall supersede the JSERC (Terms and Conditions for

Determination of Generation Tariff) Regulations, 2015, JSERC (Terms and

Conditions for Determination of Generation Tariff) Regulations, 2010,

JSERC(Terms and Conditions of Tariff determination, Multi-Year Tariff

Framework) Regulations, 2007, and JSERC (Terms and Conditions for

determination of Thermal Generation Tariff) Regulations, 2004 read with all

amendments thereto, as the case may be.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

3

Explanation:-For all purposes including the review matters pertaining to the period

till FY 2020-21, i.e., up to March 31, 2021, the issue related to determination shall

be governed by JSERC (Terms and Conditions for Determination of Generation

Tariff) Regulations, 2015, JSERC (Terms and Conditions for Determination of

Generation Tariff) Regulations, 2010, JSERC (Terms and Conditions of Tariff

determination, Multi Year Tariff Framework) Regulations, 2007, JSERC (Terms

and Conditions for determination of Thermal Generation Tariff) Regulations, 2004

including amendment thereto, as may be applicable.

A 2. Scope of Regulations and Extent of Application

2.1

These Regulations shall apply in all cases where tariff for a generating station or a

Unit thereof is required to be determined by the Commission under Section 62 of

the Act read with Section 86 thereof.

2.2

These Regulations shall not apply to the following cases:

1. Generating Stations whose tariff has been discovered through tariff based

competitive bidding in accordance with the guidelines issued by the Central

Government and adopted by the Commission under Section 63 of the Act;

2. Generating Stations based on renewable sources of energy.

A 3. Definitions and Interpretations

3.1

In these Regulations, unless the context otherwise requires:-

1. ‘Accounting Statement’ means for each Financial Year:

(i)

The Balance Sheet, prepared in accordance with the form contained in The

Companies Act, 2013 and its predecessors, as applicable;

(ii) Cash Flow Statement, prepared in accordance with the applicable Accounting

Standards of the Institute of Chartered Accountants of India;

(iii) Cost Accounting Records prescribed by the Central Government under

Section 148 of the Companies Act, 2013 and its predecessors, as applicable.

(iv) Notes on accounts thereto, and such other supporting statements and

information forming part of financial statements or as the Commission may

direct from time to time.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

4

(v)

Profit and Loss Account, complying with the requirements contained in The

Companies Act, 2013 and its predecessors, as applicable;

(vi) Report of the Statutory Auditors, including any annexure and appendix

thereto, as applicable;

(vii) Any or all the formats as notified by the Commission under these Regulations

for Tariff Regulation including Multi Year Tariff Regulations pertinent to the

relevant year.

(viii) Reconciliation Statement, duly certified by the Statutory Auditors, showing

the reconciliation between the total expenses, revenue, assets and liabilities, of

the entity as a Company and the expenses, revenue, assets and liabilities,

separately for each Business regulated by the Commission and unregulated

business operations.

2. ‘Act’ means the Electricity Act, 2003 (36 of 2003) and subsequent amendments

thereof;

3. ‘Additional Capitalisation’ means the capital expenditure incurred and capitalised

or projected to be capitalised, after the date of commercial operation of the project

and admitted by the Commission after prudence check, subject to provisions of

Clause14.1 to Clause 14.4of these Regulations;

4. ‘Aggregate Revenue Requirement’ or ‘ARR’ means application for each

Financial Year, the costs pertaining to the Generating Company, which are

admissible, in accordance with these Regulations, to be recovered in the form of

tariffs and charges determined by the Commission;

5. ‘Applicant’ means a Generating Company who has filed the Petition for

determination of tariff or a Petition for truing up or annual performance review in

accordance with the Act and these Regulations and includes a Generating Company

whose tariff is the subject of review by the Commission;

6. ‘Auxiliary Energy Consumption’ or ‘Aux’ in relation to a period in case of a

generating station means the quantum of energy consumed by auxiliary equipment

of the generating station, such as the equipment being used for the purpose of

operating plant and machinery including switchyard of the generating station and

transformer losses within the generating station, expressed as a percentage of the

sum of gross energy generated at the generator terminals of all the Units of the

generating station:

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

5

Provided that auxiliary energy consumption shall not include energy

consumed for supply of power to housing colony and other facilities at the

generating station and the power consumed for construction works at the

generating station:

Provided further that auxiliary energy consumption for compliance of revised

emission standards shall also be considered;

7. ‘Auditor’ means an auditor appointed by the Generating Company, in accordance

with the provisions of the Companies Act, 2013, as amended from time to time, or

any other law for the time being in force;

8. ‘Bank Rate’ means the one-year Marginal Cost of Lending Rate (MCLR) of the

State Bank of India from time to time or any replacement thereof for the time being

in effect;

9. ‘Base Year’ means the Financial Year 2020-21 and used for the purposes of these

Regulations;

10. ‘Beneficiary’ in relation to a generating station covered under clauses (a) or (b) of

sub-section 1 of Section 86 of the Act, means a Distribution Licensee who is

purchasing electricity generated at such generating station by entering into a Power

Purchase Agreement either directly or through a Trading Licensee on payment of

appropriate charges:

Provided that where the Distribution Licensee is procuring power through a

Trading Licensee, the arrangement shall be secured by the Trading Licensee

through back to back Power Purchase Agreement and Power Sale Agreement;

11. ‘Block’ in relation to a combined cycle thermal generating station includes

combustion turbine-generator, associated waste heat recovery boiler, connected

steam turbine-generator and auxiliaries;

12. ‘Capital cost’ means the capital cost as determined in accordance with

SectionA 13of these Regulations;

13. ‘CERC’ or ‘Central Commission’ means the Central Electricity Regulatory

Commission;

14. ‘Change in Law’ means occurrence of any of the following events:-

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

6

i. the enactment, bringing into effect or promulgation of any new Indian Law; or

ii. adoption, amendment, modification, repeal or re-enactment of any existing

Indian law; or

iii. change in interpretation or application of any Indian law by a competent court,

Tribunal or Indian Governmental Instrumentality, which is the final authority

under law for such interpretation or application; or

iv. change by any competent statutory authority in any condition or covenant of any

consent, clearances or approval or licence available or obtained for the project;

or

v. coming into force or change in any bilateral or multilateral agreement/treaty

between the Government of India and any other Sovereign Government having

implication for the generating station regulated under these regulations;

15. ‘Commission’ means the Jharkhand State Electricity Regulatory Commission

(JSERC);

16. ‘Conduct of Business Regulations’ means the JSERC (Conduct of Business)

Regulations, 2016, as amended from time to time;

17. ‘Control Period’ means a multi-year period fixed by the Commission, from

April 01, 2021 and up to March 31, 2026;

18. ‘Cut-off Date’ means March 31, of the year closing after two years of the year of

commercial operation of the project, and in case the project is declared under

commercial operation in the last quarter of financial year, the cut-off date shall be

March 31, of the year closing after three years of the year of commercial operation:

Provided that the cut-off date may be extended by the Commission if it is

proved on the basis of documentary evidence that the capitalization could not be

made within the cut-off date for reasons beyond the control of the Generating

Company;

19. ‘Date of Commercial Operation’or ‘COD’ means:-

i. in relation to a Unit or Block of the thermal generating station, the date declared

by the Generating Company after demonstrating the maximum continuous rating

(MCR) or the installed capacity (IC) through a successful trial run after notice to

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

7

the beneficiaries, from 0000 hour of which scheduling process as per the Indian

Electricity Grid Code (IEGC) is fully implemented, and in relation to the

generating station as a whole, the date of commercial operation of the last Unit

or Block of the generating station;

ii. in relation to a Unit of hydro generating station, the date declared by the

Generating Company from 0000 hour of which, after notice to the beneficiaries,

scheduling process in accordance with the Indian Electricity Grid Code is fully

implemented and in relation to the generating station as a whole, the date

declared by the Generating Company after demonstrating peaking capability

corresponding to installed capacity of the generating station through a successful

trial run, after notice to the beneficiaries;

Explanation:-

1. In case the hydro generating station with pondage or storage is not able to

demonstrate peaking capability corresponding to the installed capacity for

reasons of insufficient reservoir or pond level, the date of commercial

operation of the last Unit of the generating station shall be considered as the

date of commercial operation of the generating station as a whole, provided

that it will be mandatory for such hydro generating station to demonstrate

peaking capability equivalent to installed capacity of the generating Unit or

the generating station as and when such reservoir/pond level is achieved.

2. In case of a purely run-of-river hydro generating station, if the Unit or the

generating station is declared under commercial operation during lean inflows

period when the water is not sufficient for such demonstration, it shall be

mandatory for such hydro generating station or Unit to demonstrate peaking

capability equivalent to installed capacity as and when sufficient inflow is

available;

20. Day’ means the 24-hour period starting at 0000 hour;

21. ‘Declared Capacity’ or ‘DC’ in relation to a generating station means, the

capability to deliver ex-bus electricity in MW declared by such generating station in

relation to any time-block of the day or whole of the day, duly taking into account

the availability of fuel or water, and subject to further qualification in the relevant

Regulation;

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

8

22. ‘De-capitalization’ for the purpose of the tariff under these Regulations, means

reduction in Gross Fixed Assets of the project corresponding to the assets taken out

of service;

23. ‘De-commissioning’ means removal from service of a generating station or a Unit

thereof, after it is certified by the Central Electricity Authority or any other

authorized agency, either on its own or on an application made by the project

developer or the beneficiaries or both, that the project cannot be operated due to

non-performance of the assets on account of technological obsolescence or

uneconomic operation or a combination of these factors;

24. ‘Design Energy’ means the quantum of energy, which can be generated in a 90%

dependable year with 95% installed capacity of the hydro generating station;

25. ‘Expenditure Incurred’ means the fund, whether equity or debt or both, actually

deployed and paid in cash or cash equivalent, for creation or acquisition of a useful

asset and does not include commitments or liabilities for which no payment has

been released;

26. ‘Existing generating station’ means a generating station declared under

commercial operation on a date prior to April 01, 2021;

27. Extended Life’ means the life of a generating station or Unit thereof beyond the

period of useful life, as may be determined by the Commission on case to case

basis;

28. ‘Financial Year’ means a period commencing on April 01, of a calendar year and

ending on March 31, of the subsequent calendar year;

29. ‘Force Majeure Event’ means, with respect to any party, any event or

circumstance, or combination of events or circumstances, which is not within the

reasonable control of, and is not due to an act of omission or commission of that

party and which, by the exercise of reasonable care and diligence, could not have

been prevented; and, without limiting the generality of the foregoing, shall include

the following events or circumstances:

(i) acts of God, including but not limited to lightning, storm, action of the

elements, earthquakes, flood, torrential rains, drought and natural disaster or

any act of God beyond the control of any party or due to any restraint of the

State Government or Central Government or any other Statutory Authority;

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

9

(ii) strikes and industrial disturbances having a State-wide or extensive impact in

the area of supply of a Generating Company, but excluding strikes and

industrial disturbances in the Generating Company’s own organisation;

(iii)acts of war, invasion, armed conflict or act of foreign enemy, insurrections,

riots, revolution, terrorist or military action;

(iv) unavoidable accident, including but not limited to fire, explosion, radioactive

contamination and toxic chemical contamination;

(v) any shutdown or interruption of the grid, which is required or directed by the

concerned Load Despatch Centre;

30. ‘GCV as Received’ means the GCV of coal as measured at the unloading point of

the thermal generating station through collection, preparation and testing of samples

from the loaded wagons, trucks, ropeways, Merry-Go-Round (MGR), belt

conveyors and ships in accordance with the IS 436 (Part-1/ Section 1)- 1964:

Provided that the measurement of coal shall be carried out through

sampling by third party to be appointed by the generating companies in accordance

with the guidelines, if any, issued by Central/State Government:

Provided further that samples of coal shall be collected either manually or

through hydraulic augur or through any other method considered suitable keeping in

view the safety of personnel and equipment:

Provided also that the generating companies may adopt any advance

technology for collection, preparation and testing of samples for measurement of

GCV in a fair and transparent manner;

31. ‘Generating Company’ means any Company or body corporate or association or

body of individuals, whether incorporated or not, or artificial juridical person, which

owns or operates or maintains a generating station(s);

32. ‘Generating Station’ shall have the same meaning as defined under sub-Section 30

of Section 2 of the Act and for the purpose of these Regulations shall also include

stages or blocks or Units of a generating station;

33. ‘Grid Code’ means the JSERC (State Grid Code) Regulations, 2008, as amendedor

replaced from time to time;

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

10

34. ‘Gross Calorific Value’ or ‘GCV’ in relation to a thermal generating station means

the heat produced in kcal by complete combustion of one kilogram of solid fuel or

one litre of liquid fuel or one standard cubic meter of gaseous fuel, as the case may

be;

35. ‘Gross Station Heat Rate’ or ‘SHR’ means the heat energy input in kcal required

to generate one kWh of electrical energy at generator terminals of a thermal

generating station;

36. ‘Income from Other Business’ is the income received by the Generating Company

other than from Tariff towards usage of assets and/or manpower relating to

regulated Business and shall exclude Non-Tariff Income;

37. ‘Infirm Power’ means electricity injected into the grid prior to the commercial

operation of a Unit or block of the generating station;

38. ‘Installed Capacity’ or ‘IC’ means the summation of the name plate capacities of

all the Units of the generating station or the capacity of the generating station

(reckoned at the generator terminals), approved by the Commission from time to

time;

39. ‘Licence’ means a Licence granted under Section14 of the Act;

40. ‘Maximum Continuous Rating’ or ‘MCR’ in relation to a Unit of the thermal

generating station means the maximum continuous output at the generator terminals,

guaranteed by the manufacturer at rated parameters, and in relation to a block of a

combined cycle thermal generating station means the maximum continuous output

at the generator terminals, guaranteed by the manufacturer with water/steam

injection (if applicable) and corrected to 50 Hz grid frequency and specified site

conditions;

41. ‘Non-Tariff Income’ means net income relating to the regulated Business other

than from Tariff, including but not limited to profit derived from sale of scrap, rent

of land or buildings, income from investments, miscellaneous receipts, etc.;

42. ‘Normative Annual Plant Availability Factor’ or ‘NAPAF’ in relation to a

generating station means the availability factor specified in Clause16.1and

Clause 16.3 of these Regulations for thermal generating station and in Clause18.2

and Clause 18.7 of these Regulations for hydro generating station;

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

11

43. ‘Normative Annual Plant Load Factor’ or ‘NAPLF’ in relation to a generating

station means the Plant Load Factor specified in Clause 16.1 and Clause 16.3 of

these Regulations for thermal generating station;

44. ‘Operation and Maintenance Expenses’ or ‘O&M expenses’ means the

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

and includes the expenditure on manpower, repairs and maintenance, spares,

consumables, insurance and overheads, and fuel other than used for generation of

electricity;

45. ‘Original Project Cost’ means the capital expenditure incurred by the Generating

Company, within the original scope of the project up to the cut-off date as admitted

by the Commission;

46. ‘Plant Availability Factor’ or ‘(PAF)’ in relation to a generating station for any

period means the average of the daily declared capacities (DCs) for all the days

during that period expressed as a percentage of the installed capacity in MW

reduced by the normative auxiliary energy consumption;

47. ‘Plant Load Factor’ or ‘(PLF)’ in relation to thermal generating station or Unit for

a given period means the total sent out energy corresponding to scheduled

generation during the period, expressed as a percentage of sent out energy

corresponding to installed capacity in that period and shall be computed in

accordance with the following formula:

N

PLF (%)= 100xΣSGi/{N x IC x (l-Auxn)} %

i=1

Where,

IC=Installed Capacity of the generating station or Unit in MW;

SGi=Scheduled Generation in MW for the ithtime block in such period;

N=Number of time blocks during the period;

Auxn=Normative Auxiliary Energy Consumption as a percentage of gross

energy generation;

48. ‘Project’ means:

i. in case of thermal generating station, all components of the thermal generating

station and includes integrated coal mine, biomass pellet handling system,

pollution control system, effluent treatment plan, as may be required;

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

12

ii. in case of hydro generating station, all components of the hydro generating

station and includes dam, intake water conductor system, power generating

station, as apportioned to power generation;

49. ‘Prudence Check’ means scrutiny of reasonableness of any cost or expenditure

incurred or proposed to be incurred in accordance with these Regulations by the

Generating Company;

50. ‘Pumped Storage Hydro Generating Station’ means a hydro generating station,

which generates power through energy stored in the form of water energy, pumped

from a lower elevation reservoir to a higher elevation reservoir;

51. ‘Run-of-river generating station’ means a hydro generating station, which does

not have upstream pondage;

52. ‘Run-of-river generating station with pondage’ means a hydro generating station

with sufficient pondage for meeting the diurnal variation of power demand;

53. ‘Scheduled Commercial Operation Date or SCOD’ shall mean the date(s) of

commercial operation of a generating station or generating Unit or block thereof or

as indicated in the Investment Approval or as agreed in Power Purchase Agreement,

whichever is earlier;

54. ‘Scheduled Energy’ means the quantum of energy scheduled by the State Load

Despatch Centre to be injected into the grid by a generating station over a day;

55. ‘Scheduled Generation’ or ‘SG’ at any time or for any period or time-block means

schedule of generation in MW or MWh ex-bus, given by the State Load Despatch

Centre;

Explanation:

For the open cycle gas turbine generating station or a combined cycle generating

station if the average frequency for any time-block, is below 49.52 Hz but not

below 49.02 Hz and the scheduled generation is more than 98.5% of the declared

capacity, the scheduled generation shall be deemed to have been reduced to 98.5%

of the declared capacity, and if the average frequency for any time-block is below

49.02 Hz and the scheduled generation is more than 96.5% of the declared

capacity, the scheduled generation shall be deemed to have been reduced to 96.5%

of the declared capacity. In such an event of reduction of scheduled generation of

gas turbine generating station, the corresponding drawl schedule of beneficiaries

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

13

shall be corrected in proportion to their scheduled drawl with adjustment of

transmission losses on post facto basis.

56. ‘Small Gas Turbine Generating Station’ means and includes open cycle gas

turbine or combined cycle generating stations with gas turbines in the capacity

range of 50 MW or below;

57. ‘State’ means the Jharkhand State;

58. ‘State Load Despatch Centre’ or ‘SLDC’ means the centre established by the

State Government for purposes of exercising the powers and discharging the

functions under Section 31 of the Act;

59. ‘Statutory Charges’ comprises taxes, cess, duties, royalties and other charges

levied through Acts of the Parliament or State Legislatures or by Indian

Government Instrumentality under relevant statutes;

60. ‘Storage type generating station’ means a hydro generating station associated with

large storage capacity to enable variation of generation of electricity according to

demand;

61. ‘Tariff’ shall mean the schedule of charges for generation and bulk supply of

electricity together with terms and conditions applicable thereof;

62. ‘Tariff Period’ shall mean the period from April 01, 2021 and up to March 31,

2026 for which Tariff is determined by the Commission under these Regulations;

63. ‘Trial Run and Trial Operation’ Trial Run in relation to generating station or Unit

thereof shall mean the successful running of the generating station or Unit there of

at maximum continuous rating or installed capacity for continuous period of 72

hours in case of Unit of a thermal generating station or Unit thereof and 12 hours in

case of a Unit of a hydro generating station or Unit thereof:

Provided that where the beneficiaries have been tied up for purchasing power

from the generating station, the trial run shall commence after seven days’ notice by

the Generating Company to the beneficiaries and concerned RLDC or SLDC, as the

case may be:

Provided further that the short interruptions, for a cumulative duration of 4

hours, shall be permissible, with corresponding increase in the duration of the test.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

14

Cumulative interruptions of more than 4 hours shall call for repeat of trial

operations or trail run:

Provided also that the partial loading may be allowed with the condition that

average load during the duration of the trial run shall not be less than Maximum

Continuous Rating or the Installed Capacity or the Name Plate excluding period of

interruption and partial loading but including the corresponding extended period:

Provided also that the Units of thermal and hydro Generating Stations shall

also demonstrate capability to raise load upto 105% or 110% of its Maximum

Continuous Rating or the Installed Capacity or the Name Plate as the case may be;

64. ‘Unit’ in relation to a thermal generating station other than combined cycle thermal

generating station means steam generator, turbine-generator and auxiliaries, or in

relation to a combined cycle thermal generating station, means turbine-generator

and auxiliaries; and in relation to a hydro generating station means turbine-generator

and its auxiliaries;

65. ‘Useful life’ in relation to a Unit of a generating station from the date of commercial

operation shall mean the following, namely:-

i. Coal/Lignite based thermal generating station:

25 years;

ii. Gas/Liquid fuel based thermal generating station:

25 years; and

iii. Hydro generating station including pumped storage hydro generating

stations:

40years.

Provided that the extension of life of the projects beyond the completion of

their useful life shall be decided by the Commission after prudence check based on

the facts, details and justifications presented before the Commission by the

Generating Company or suo-motu on case to case basis;

66. ‘Year’ means Financial Year;

67. ‘Zero Date’ means the date indicated in the Investment Approval for

commencement of implementation of the project and where no such date has been

indicated, the date of Investment Approval shall be deemed to be Zero Date;

3.2

The words and expressions used in these Regulations and not defined herein but

defined in the Act shall have the meanings respectively assigned to them in the

Act.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

15

3.3

Reference to any Act, Rules and Regulations shall include amendment or

consolidation or re-enactment thereof.

3.4

All proceedings under these Regulations shall be governed by the JSERC (Conduct

of Business) Regulations, 2016 as amended or re-enacted from time to time.

A 4. Norms of Operation to be Ceiling Norms

4.1

For removal of doubts, it is clarified that the norms of operation specified under

these Regulations are the ceiling norms and this shall not preclude the Generating

Company and Beneficiaries from agreeing to improved norms of operation and in

such case the improved norms shall be applicable for the determination of tariff:

Provided that if Power Purchase Agreement between Generating Company

and the Beneficiary stipulates better norms of operation then such norms provided

in the Power Purchase Agreement shall be considered for the determination of

tariff.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

16

CHAPTER-II

TARIFF FRAMEWORK AND GUIDING PRINCIPLES

A 5. MYT Framework

5.1

The MYT Framework shall commence from April 01, 2021 and unless reviewed

earlier or extended by the Commission, shall be applicable till March 31, 2026.

The ARR filings for the Control Period shall be done in accordance with the MYT

framework contained in these Regulations.

5.2

The Generating Company shall file MYT Application along with supporting

documents before the Commission as per the timelines specified in Section A 39 of

these Regulations.

5.3

The MYT Application shall include statements containing ARR along with its

break up for the Years of the previous Control Period based on Audited Accounts

for FY 2015-16 to FY 2019-20, revised estimates for Base Year FY 2020-21, and

projections for each year of the Control Period.

5.4

The Guiding Principles for MYT Framework are described in Section A 6of these

Regulations.

5.5

The principles for determination of ARR for the Control Period are described in

Chapter III of these Regulations and the procedure for annual filing during the

Control Period is described in Chapter VI of these Regulations.

A 6. Guiding Principles for MYT Framework

6.1

The Commission shall adopt Multi Year Tariff Framework for approval of ARR

and determination of tariff. The ARR shall be determined for each year of the

Control Period.

6.2

The Multi Year Tariff framework shall be based on the following:-

1. Business Plan of the Generating Station for the entire Control Period to be filed

before the Commission for approval, along with MYT Petition prior to the start of

the Control Periodor within such period as the Commission may direct;

2. Generating Company’s forecast of expected tariff for sale of power for each year

of the Control Period, based on reasonable assumptions of the underlying financial

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

17

and operational parameters laid down under these Regulations and on the basis of

the Business Plan;

3. Trajectory for specific parameters, shall be prescribed by the Commission, for

improvement through incentives and disincentives;

4. Annual review of performance, which shall be conducted vis-à-vis the approved

forecast and categorization of variations in performance into controllable and

uncontrollable factors; and

5. Mechanism for sharing approved gains or losses on account of controllable and

uncontrollable factors.

Determination of Baseline

6.3

The values for the Base Year of the Control Period shall be determined on the basis

of the audited accounts available for FY 2015-16 to FY 2019-20. In the absence of

audited accounts of any such year, the Commission may consider best estimate for

such years after carrying out due, prudence check and after taking into account

other factors as considered relevant by the Commission.

6.4

The Commission shall normally not revise the performance targets during the

Control Period, unless the Commission is of the view that there is a major variation

in approved numbers vis-à-vis actuals.

Business Plan

6.5

Each Generating Company shall file for the Commission’s approval a Business

Plan approved by an authorized signatory,as per the timelines specified in Section

A 39of these Regulations.

6.6

The Business Plan shall be for the entire Control Period and shall inter-alia

contain:-

a) Capital Investment Plan: The Generating Company shall submit the Capital

Investment Plan for the entire Control Period, detailing the investments planned

by the Generating Company along with the corresponding capitalisation schedule

and financing plan. This Plan shall also include capacity enhancement plan, if any,

and proposed efficiency improvements and its cost benefit analysis. It shall also

submit plant-wise details of Capital Structure and cost of Financing (interest on

Debt) and return on equity, after considering the existing market conditions, terms

of the existing loan agreements, risk associated in generating business and

creditworthiness;

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

18

b) Operational Plan: A set of targets proposed for performance parameters such as

Annual Plant Availability Factor (PAF), Plant Load Factor (PLF), Gross Station

Heat Rate (SHR), Secondary Fuel Oil Consumption, Auxiliary Power

Consumption (Aux)etc., and shall also include Unit-wise Outage Plan;

c) Human Resource Plan: Human Resource Plan with manpower planning

including details of the estimated year wise manpower addition and retirements

for the Control Period to run the power plant efficiently and effectively;

d) Proposals for Non-Tariff Income with item-wise description and details;

e) Proposals in respect of income from Other Business; and

f) Business Plan shall also contain the requisite information for the preceding

Control Period:

Provided that requisite information for the preceding Control Period shall

include year-wise audited data on Scheme-wise capital investment, capacity

enhancement plan, if any, proposed efficiency improvements and its cost benefit

analysis, quality improvement measures undertaken, Employee Expenses, Repair

&Maintenance Expenses and A&G Expenses along with detailed break up and

any other information used for preparing projections of various performance

parameters and other components during the Control Period. In case of a new

generating plant, such information is required to be submitted for the period of

operations up to the start of the Control Period.

Capital Investment Plan

6.7

The Generating Company shall file for the Commission’s approval a Capital

Investment Plan for the entire Control Period along with the Business Plan. The

Capital Investment Plan shall be prepared scheme-wise and each scheme shall

include:-

1. Purpose of investment;

2. Approval of Competent Authority;

3. Detailed Project Report;

4. Capital Structure;

5. Capitalisation Schedule;

6. Implementation schedule including timelines;

7. Cost-benefit analysis& Rate reasonability;

8. Improvement in operational efficiency envisaged in the Control Period;

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

19

9. On-going schemes that will spill over into next financial year under review along

with justification;

10. New schemes that will commence during the Control Period but may be

completed within or beyond the Control Period.

6.8

During the Annual Performance Review, the Commission shall monitor the year-

wise progress of the actual capital expenditure incurred by the Generating

Company vis-à-vis the approved capital expenditure. The Generating Company

shall submit the actual capital expenditure incurred along with the Annual

Performance Review Filing.

6.9

The Commission shall review the actual capitalisation at the end of each year of

the Control Period vis-à-vis the approved capitalisation schedule and shall true up

the ARR based on actual capitalisation for the year for which True up has been

filed and also revise the ARR components for the year for which APR and Tariff

have been sought.

6.10

In case the capital expenditure is required for emergency work, which has not been

approved in the Capital Investment Plan, the Generating Company shall submit an

application containing all relevant information along with reasons justifying

emergency nature of the proposed work seeking approval of the Commission:

Provided that in case the capital expenditure is required for emergency work

or unforeseen situation to mitigate threat to life and property and if prior intimation

thereof to the Commission shall cause any irreparable loss or injury, the Generating

Company may undertake such capital expenditure and submit the details for post-

facto approval of the Commission along with next Tariff Petition with all relevant

details.

Performance Parameters

6.11

The Commission has stipulated following performance parameters that are deemed

to be controllable in nature:-

a) Normative Annual Plant Availability Factor (NAPAF);

b) Station Heat Rate (SHR);

c) Auxiliary Energy Consumption (Aux);

d) Secondary Fuel Oil Consumption;

e) Transit Loss;

f) O&M Expenses.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

20

6.12

The variation from performance targets set for the controllable parameters as

specified in Clause 6.11of these Regulation sshall be subject to incentive and

penalty framework, as detailed in Clause 6.13 to Clause6.15of these Regulations.

Incentive and Penalty Framework

6.13

Any financial loss on account of underperformance with respect to the performance

parameters as specified in Clause6.11 of these Regulations will not be reviewed

during the Control period and is not recoverable through tariff. In case of any

financial gain with respect to the performance parameters as specified in

Clause6.14, the gain shall be shared in the manner specified in Clause 6.14.

6.14

Sharing of gains due to variation in norms: The Generating Company shall

workout gains based on the actual performance of applicable controllable

parameters as under:-

1. Station Heat Rate;

2. Secondary Fuel Oil Consumption;

3. Auxiliary Energy Consumption; and

4. Operations and Maintenance Expenses.

The financial gains by the Generating Company, on account of above controllable

parameters shall be shared between the Generating Company and the beneficiaries on

annual basis. The financial gains on account of parameters (1) to (3) shall be

computed as per the following formula for a thermal generating stationand shall be

shared in the ratio of 50:50 between the generating stations and beneficiaries.

Net Gain = (ECRN -ECRA) x Scheduled Generation;

Where,

ECRN: Normative Energy Charge Rate computed on the basis of norms specified for

Station Heat Rate, Auxiliary Energy Consumption and Secondary Fuel Oil

consumption.

ECRA:Actual Energy Charge Rate computed on the basis of actual Station Heat Rate,

Auxiliary Energy Consumption and Secondary Fuel Oil Consumption for the month:

Provided that in case of hydro generating stations, the net gain on account of

Actual Auxiliary Energy Consumption being less than the Normative Auxiliary

Energy Consumption, shall be computed as per following formulae provided the

saleable scheduled generation is more than the saleable design energy and shall be

shared in the ratio of 50:50 between generating station and beneficiaries:

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

21

(i) When saleable scheduled generation is more than saleable design energy on

the basis of normative auxiliary energy consumption and less than or equal to

saleable design energy on the basis of actual auxiliary energy consumption:

Net gain (Million Rupees) = [(Saleable Scheduled generation in MUs) - (Saleable

Design energy on the basis of normative auxiliary energy consumption in MUs)]

x [0.80 or ECR, whichever is lower]

(ii) When saleable scheduled generation is more than saleable design energy on

the basis of actual auxiliary energy consumption:

Net gain (Million Rupees)= {Saleable Scheduled generation in MUs - [(Saleable

Scheduled Generation in MUs x (100% - normative AEC in %)/ (100% - actual

AEC in %)]}x [0.80 or ECR, whichever is lower]

6.15

The financial gains on account of Operations and Maintenance Expenses for

thermal and hydro stations shall be shared in the ratio of 50:50 between the

generating stations and beneficiaries at the time of truing up.

6.16

The Commission shall also permit pass-through of variations in performance

parameters on account of Force Majeure events and due to Change in Law event(s)

in the tariff, based on the submission of actual values by the Generating Company

and subsequent validation and approval by the Commission.

A 7. Truing-up

7.1

The Generating Company shall submit the Petition for truing up for each year of

the Control Period on the basis of annul Audited Accounts as per the timelines

stipulated in SectionA 39.

7.2

Where after the truing up, the revenue recovered exceeds the trued up value

approved by the Commission under these Regulations, the Generating Company

shall refund to the Beneficiaries, the surplus amount so recovered as specified in

Clause 7.4 of these Regulations.

7.3

Where after the truing up, the revenue recovered is less than the trued up value

approved by the Commission under these Regulations, the Generating Company

shall recover from the Beneficiaries, the gap amount in accordance with Clause7.4

of these Regulations.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

22

7.4

The amount under-recovered or over-recovered, along with simple interest at the

rate equal to Bank Rate as on April 01 of the respective year plus 350 basis points,

shall be recovered or refunded by the Generating Company in six equal monthly

instalments starting within three months from the date of the Tariff Order issued by

the Commission:

Provided that no carrying cost on the duration of delay shall be allowed on

unrecovered gap if the Generating Company fails to submit the Petition as per

timelines stipulated in Section A 39:

Provided further that any adverse financial impact on account of variation in

uncontrollable items due to lapse on part of the Generating Company or its

suppliers/contractors shall not be allowed in truing up.

A 8. Annual Performance Review (APR)

8.1

The Generating Company shall file APR Petition, for Annual Performance Review

along with details of capital expenditure, additional capitalization, sources of

financing, operations and maintenance expenditure, actual loan portfolio with the

interest paid, along with other components of ARR incurred/projected to be

incurred for the year under review, as per timelines stipulated in Section A 39 of

these Regulations.

8.2

The Generating Company along with Annual Performance Review petition, shall

also claim revised ARR for the following year based on the truing up and annual

performance review of previous year/s.

8.3

The Scope of the Annual Performance Review shall be comparison of the approved

expenses vis-à-vis revised estimates for the year/sand shall comprise the

following:-

a)

Comparison of Performance Targets vis-a-vis revised estimates based on the

latest actual data available;

b) Comparison of Approved Capital Expenditure and Capitalisation vis-à-vis

revised estimates by the Generating Company based on the latest actual data

available;

c)

Comparison of Other Expenses such as Interest on Loan, Interest on Working

Capital, Return on Equity, Depreciation and O&M Expenses approved by the

Commission vis-à-vis the revised estimates by the Generating Company based

on the latest actual data available;

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

23

d) Computation of the sharing of gains and losses on account of controllable

factors for the previous year;

e)

Approved Revenue vis-à-vis revised estimates based on the latest actual data

available;

f)

Any other Expenses/Revenues impacting ARR.

8.4

The Generating Company may, as a result of additional information not previously

known or available to them at the time the forecast was developed, apply for a

modification in the approved forecast of ARR as part of the Annual Performance

Review.

8.5

The Commission if, as a result of additional information not previously known or

available to it at the time the forecast was developed, is of the view that the same

may result in significant over/under recovery, either suo-motu or on an application

made by any interested or affected party, modify the approved forecast of ARR for

the remainder of the Control Period, as part of the Annual Performance Review.

8.6

Based on the analysis of Annual Performance Review and Truing up, the

Commission may revise the ARR and Tariff for the ensuing year of the Control

Period.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

24

CHAPTER-III

DETERMINATION OF TARIFF

A 9. Details for True-up, APR and determination of ARR & Tariff

9.1

The Generating Company shall submit the details for True-up for the previous

year, Annual Performance Review for the current year and Tariff Determination

for the ensuing year as per the principles discussed in the subsequent Sections.

A 10. Principles for Determination of Tariff

Existing Generating Station:

10.1

The Generating Stations with Commercial Operation Date prior to April 01, 2021

shall be considered as Existing Generating Stations. The Tariff for such generating

stations shall be determined on the basis of Capital Cost along with additional

capitalisation as admitted by the Commission as on March 31, 2021.

New Generating Station:

10.2

All such generating stations which have been declared under commercial operation

on or after April 01, 2021 shall file Petition seeking approval of Capital Cost and

Tariff for the Control Period within 60 days from the date of Commercial

Operation along with Auditor Certificate and in case of non-availability of Auditor

Certificate, a Management Certificate duly approved by Board of Directors of

Company indicating the Capital Cost incurred as on date of Commercial Operation

and the projected additional capital expenditure for respective years of the Control

Period from FY 2021-22 to FY 2025-26.

A 11. Principles of Tariff Determination

11.1

The Tariff in respect of a generating station may be determined for the whole of the

generating station or Unit thereof.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

25

11.2

Where only a part of the generation capacity of a generating station is tied up for

supplying power to the beneficiaries through long-term Power Purchase

Agreement, the Units for such part capacity shall be clearly identified and in such

case, the tariff shall be determined for such identified capacity. Where the Unit(s)

corresponding to such part capacity cannot be identified, the tariff of the generating

station may be determined with reference to the capital cost of the entire project,

but tariff so determined shall be applicable corresponding to the part capacity

contracted for supply to the beneficiaries.

11.3

In case of expansion of existing generating station, the tariff shall be determined

for the expanded capacity in accordance with these Regulations:

Provided that the common infrastructure of existing generating station shall be

utilized for the expanded capacity and the benefit of new technology in the

expanded capacity, as determined by the Commission, shall be extended to the

existing capacity.

11.4

Assets installed for implementation of the revised emission standards shall form

part of the existing generation project and tariff thereof shall be determined

separately on submission of the completion certificate by the Board of the

Generating Company.

11.5

In case of multi-purpose hydro schemes, with irrigation, flood control and power

components, the capital cost chargeable to the power component of the scheme

only shall be considered for determination of tariff.

A 12. In-principle approval in specific circumstances:

12.1

The Generating Company undertaking any additional capitalization on account of

change in law events or Force Majeure conditions may file Petition for in-principle

approval for incurring such expenditure after prior notice to the beneficiaries along

with underlying assumptions, estimates and justification for such expenditure if the

estimated expenditure exceeds 10% of the admitted capital cost of the project or

Rs.50 Crore, whichever is lower.

A 13. Capital Cost

13.1

The capital cost of the generating station as determined by the Commission after

prudence check in accordance with these Regulations shall form the basis for

determination of tariff for existing and new projects.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

26

Capital cost for New Project

13.2

The capital cost for a new project shall include the following:-

a) The expenditure incurred or projected to be incurred up to the date of commercial

operation of the project;

b) Interest During Construction and Financing Charges, on the actual loans drawn;

c) Any gain or loss on account of Foreign Exchange Risk Variation pertaining to the

loan amount availed during the construction period;

d) Incidental Expenditure During Construction as computed in accordance with these

Regulations;

e) Capitalised Initial Spares subject to the ceiling rates in accordance with these

Regulations;

f) Adjustment of revenue due to sale of Infirm Power in excess of fuel cost prior to

the date of commercial operation as specified under Clause 14.17 of these

Regulations;

g) Capital expenditure on account of ash disposal and utilization including handling

and transportation facility;

h) Capital expenditure incurred towards railway infrastructure and its augmentation

for transportation of coal upto the receiving end of thegenerating station but does

not include the transportation cost and any other appurtenant cost paid to the

railways;

i) Capital expenditure on account of biomass handling equipment and facilities, for

co-firing;

j) Capital expenditure on account of emission control system necessary to meet the

revised emission standards and sewage treatment plant;

k) Expenditure on account of fulfilment of any conditions for obtaining environment

clearance for the project;

l) Expenditure on account of Change in Law and Force Majeure Events; and

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

27

m) Capital cost incurred or projected to be incurred by a thermal generating station,

on account of implementation of the norms under Perform, Achieveand Trade

(PAT) scheme of Government of India shall be considered by the Commission

subject to sharing of entire benefits accrued under the PAT scheme with the

beneficiaries.

Capital cost for Existing Project

13.3

The capital cost of an existing project shall include the following:-

a) Capital cost admitted by the Commission prior to April 01, 2021 duly trued up

excluding liability, if any, as on April 01, 2021;

b) Capital expenditure on account of renovation and modernisation as admitted by

this Commission in accordance with these Regulations;

c) Capital expenditure on account of ash disposal and utilization including handling

and transportation facility;

d) Capital expenditure incurred towards railway infrastructure and its augmentation

for transportation of coal upto the receiving end of generating station but does not

include the transportation cost and any other appurtenant cost paid to the railways;

e) Capital cost incurred or projected to be incurred by a thermal generating station,

on account of implementation of the norms under Perform, Achieve and Trade

(PAT) scheme of Government of India shall be considered by the Commission

subject to sharing of entire benefits accrued under the PAT scheme with the

beneficiaries.

Capital Cost for Hydro Generating Project

13.4

The capital cost in case of existing or new hydro generating station shall also

include:-

a) Cost of approved rehabilitation and resettlement (R&R) plan of the project

inconformity with National R&R Policy and R&R package as approved; and

b) Cost

of

the

developer’s

10%

contribution

towards

Rajiv

Gandhi

GrameenVidyutikaran Yojana (RGGVY) and Deendayal Upadhyaya Gram Jyoti

Yojana (DDUGJY) project in the affected area.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

28

Exclusion from Capital Cost

13.5

The following shall be excluded from the capital cost of the existing and new

projects:-

a) The assets forming part of the project, but not in use;

b) De-capitalised assets after the date of commercial operation on account of

replacement or removal on account of obsolescence or shifting from one project to

another project.

Prudence Check of Capital Cost

13.6

The following principles shall be adopted for prudence check of capital cost of the

existing or new projects:

a) In case of the thermal generating station, prudence check of capital cost shall

include scrutiny of the capital expenditure, in the light of capital cost of similar

projects based on past historical data, wherever available, reasonableness of

financing plan, interest during construction, incidental expenditure during

construction, use of efficient technology, cost over-run and time over-run,

procurement of equipment and materials through competitive bidding and such

other matters as may be considered appropriate by the Commission:

Provided that, while carrying out the prudence check, the Commission

shall also examine whether the Generating Company, has been careful in its

judgements and decisions in execution of the project;

b) In case where the Power Purchase Agreement entered into between the Generating

Company and the beneficiaries provides for ceiling of actual capital expenditure,

the Commission shall take into consideration such ceiling for prudence check.

c) Further, in case such cost has been incurred towards replacement or upgradation

of any existing assets, the original cost of the replaced asset shall be reduced and

de-capitalised from the Capital Cost.

Interest During Construction (IDC) and Incidental Expenditure during Construction

(IEDC)

13.7

Interest during construction (IDC) shall be computed corresponding to the loan

from the date of infusion of debt fund, and after taking into account the prudent

phasing of funds upto SCOD.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

29

13.8

Incidental expenditure during construction (IEDC) shall be computed from the zero

date, taking into account pre-operative expenses upto SCOD:

Provided that any revenue earned during construction period up to SCOD on

account of interest on deposits or advances, or any other receipts shall be taken into

account for reduction in incidental expenditure during construction.

13.9

In case of additional costs on account of IDC and IEDC due to delay in achieving

the COD, the Generating Company shall be required to furnish detailed

justifications with supporting documents for such delay including prudent phasing

of funds in case of IDC and details of IEDC during the period of delay and

liquidated damages recovered or recoverable corresponding to the delay.

13.10 If the delay in achieving the COD is not attributable to the Generating Company,

IDC and IEDC beyond SCOD may be allowed after prudence check and the

liquidated damages, if any, recovered from the contractor or supplier or agency

shall be adjusted in the capital cost of the generating station.

13.11 If the delay in achieving the COD is attributable either in entirety on in part to the

Generating Company or its contractor or supplier or agency, in such cases, IDC

and IEDC beyond SCOD may be disallowed after prudence check either in entirety

or on pro-rata basis corresponding to the period of delay not condoned and the

liquidated damages, if any, recovered from the contractor or supplier or agency

shall be retained by the Generating Company.

Controllable and Uncontrollable factors

13.12 The following factors shall be considered as controllable and uncontrollable factors

for deciding time over-run, cost escalation, IDC and IEDC of the project:

13.13 The “controllable factors” shall include but shall not be limited to the following:-

1. Efficiency in the implementation of the project not involving approved change in

scope of such project, change in statutory levies or change in law or Force

Majeure events; and

2. Delay in execution of the project on account of contractor or supplier or agency of

the Generating Company.

13.14 The “uncontrollable factors” shall include but shall not be limited to the

following:-

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

30

1. Force Majeure events;

2. Change in law; and

3. Delay in Land acquisition and obtaining statutory approval except where the delay

is attributable to the Generating Company.

Initial Spares:

13.15 Initial spares shall be capitalised as a percentage of the Plant and Machinery cost,

subject to following ceiling norms:

a) Coal-based/lignite-fired thermal generating stations:

4.0%

b) Gas Turbine/Combined Cycle thermal generating stations:

4.0%

c) Hydro generating stations:

4.0%

Provided that:

i) Plant and Machinery cost shall be considered as the original project cost excluding

IDC, IEDC, Land Cost and Cost of Civil Works. The Generating Company for the

purpose of estimating Plant and Machinery Cost, shall submit the break-up of

head wise IDC and IEDC in its tariff application;

ii) Where the generating station has any transmission equipment forming part of the

generation project, the ceiling norms for initial spares for such equipment shall be

as per the ceiling norms specified for transmission system under Jharkhand State

Electricity Regulatory Commission (Terms and Conditions for Determination of

Transmission Tariff) Regulations, 2020.

A 14. Additional Capitalization

14.1

The additional capital expenditure in respect of a new project or an existing project

incurred or projected to be incurred, on the following counts within the original

Scope of Work, after the date of commercial operation and up to the cut-off date

may be admitted by the Commission, subject to prudence check:

a) Undischarged liabilities recognized to be payable at a future date;

b) Works deferred for execution;

c) Procurement of initial capital spares within the original scope of work, subject to

ceiling norms specified in this Regulation;

d) Liabilities to meet award of arbitration or for compliance of the order or directions

of any statutory authority, or order or decree of any court of law;

e) On account of change in law or in compliance to any existing law; and

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

31

f) Capital Expenses incurred due to force majeure conditions:

Provided that in case of any replacement/up gradation of the assets, the

additional capitalization shall be worked out after adjusting the gross fixed assets

and cumulative depreciation of the assets replaced on account of de-capitalization;

Provided further that the details of work included in the original scope of work

along with estimates of expenditure, undischarged liabilities and works deferred for

execution shall be submitted along with the application for determination of tariff.

14.2

The additional capital expenditure incurred or projected to be incurred in respect of

an existing project or a new project within the original scope of work and after the

cut-off date may be admitted by the Commission, subject to prudence check on the

following counts:

a) Liabilities to meet award of arbitration or for compliance of the directions or order

of any statutory authority, or order or decree of any court of law;

b) Change in law or compliance of any existing law;

c) Deferred works relating to ash pond or ash handling system in the original scope

of work;

d) Liability for works executed prior to the cut-off date;

e) Force Majeure events;

f) Liability for works admitted by the Commission after the cut-off date to the extent

of discharge of such liabilities by actual payments; and

g) Raising of ash dyke as a part of ash disposal system.

14.3

In case of replacement/up gradation of assets deployed under the original scope of

the existing project after cut-off date, the additional capitalization may be admitted

by the Commission, after necessary adjustments in the gross fixed assets and the

cumulative depreciation, subject to prudence check on the following grounds:

a) The useful life of the assets is not commensurate with the useful life of the project

and such assets have been fully depreciated in accordance with the provisions of

these regulations;

b) The replacement of the asset or equipment is necessary on account of change in

law or Force Majeure conditions;

c) The replacement of such asset or equipment is necessary on account of

obsolescence of technology; and

d) The replacement of such asset or equipment has otherwise been allowed by the

Commission.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

32

14.4

The capital expenditure, in respect of existing generating station incurred or

projected to be incurred on the following counts beyond the original scope, may be

admitted by the Commission, subject to prudence check:

a) Liabilities to meet award of arbitration or for compliance of order or directions of

any statutory authority, or order or decree of any court of law;

b) Change in law or compliance of any existing law;

c) Force Majeure events;

d) Any additional works/services, which have become necessary for efficient and

successful operation of the generating station, but not included in the original

project cost;

e) Need for higher security and safety of the plant as advised or directed by

appropriate Indian Government Instrumentality or statutory authorities responsible

for national or internal security;

f) Deferred works relating to ash pond or ash handling system in addition to the

original scope of work, on case to case basis:

Provided also that if any expenditure has been claimed under Renovation and

Modernisation or repairs and maintenance under O&M expenses, the same shall

not be claimed under this Regulation;

g) Usage of water from sewage treatment plant in thermal generating station.

14.5

In case there is additional capitalization proposed during the fag end of the project

(at least 5 years before the Useful life or extended Useful life) of the plant, the

Generating Company is required to submit the detail justification of its necessity

during the fag year, Cost-Benefit analysis, DPR, if any and rate reasonability along

with the residual life assessment report of the Project. The Commission may carry

out prudence check based on the detail submitted by the Generating Company, its

necessity, its financial viability before approval of such additional capitalization.

14.6

In case of de-capitalisation of assets of a Generating Company, the original cost of

such asset as on the date of decapitalization duly certified by its Statutory Auditor

shall be deducted from the value of gross fixed asset and corresponding

outstanding loan on such assets as well as equity shall be deducted from loan and

the equity balances respectively. Such deductions shall be carried out in the year

such de-capitalisation takes place with corresponding adjustments in cumulative

depreciation and cumulative repayment of loan shall be carried out duly taking into

consideration the year in which it was capitalised.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

33

14.7

Impact of additional capitalisation within the approved scheme cost on tariff shall

be considered by the Commission during the Annual Performance Review.

Provided that the Commission may consider any new scheme proposed on

merits subject to prudence check as per this Tariff Regulation.

Additional Capitalization on account of Renovation and Modernization

14.8

The Generating Company, for meeting the expenditure on Renovation and

Modernization for the purpose of extension of life beyond the useful life of the

generating station or a Unit thereof, shall make an application before the

Commission for approval of the proposal with a Detailed Project Report giving

complete scope, justification, cost-benefit analysis, rate reasonability, estimated

life extension from a reference date, financial package, phasing of expenditure,

schedule of completion, reference price level, estimated completion cost including

foreign exchange component, if any, record of consultation with Beneficiaries and

any other information considered to be relevant by the Generating Company:

Provided that the Generating Company making the applications for renovation

and modernization shall not be eligible for Special Allowance under these

Regulations:

Provided further that the Generating Company intending to undertake

renovation and modernization shall be required to obtain the consent of the

beneficiaries for such renovation and modernization and submit the same along

with the Petition.

14.9

Where the Generating Company makes an application for approval of renovation

and modernization proposal, the approval shall be granted after due consideration

of reasonableness of the cost estimates, financing plan, schedule of completion,

interest during construction, use of efficient technology, cost-benefit analysis,

expected life extension and such other factors as may be considered relevant by the

Commission.

14.10 Any expenditure incurred or projected to be incurred and admitted by the

Commission after prudence check based on the estimates of Renovation and

Modernization expenditure and life extension, and after deducting the accumulated

depreciation already recovered from the original project cost, shall form the basis

for determination of tariff.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

34

Special Allowance for Thermal Generating Station

14.11 In case of coal fired generating stations, the Generating Company, at its discretion,

may opt to avail a special allowance in accordance with the norms specified in this

Regulation, as compensation for meeting the requirement of expenses including

renovation and modernization beyond the Useful Life of the generating station or a

Unit thereof, and in such an event revision of the capital cost shall not be allowed

and the applicable operational norms shall not be relaxed but the special allowance

shall be included in the annual fixed cost:

Provided also that such option shall not be available for a generating station or

Unit, which is in a depleted condition or operating under relaxed operational and

performance norms.

14.12 A Generating Company (coal-based/lignite fired thermal generating station) on

opting for Special Allowance shall be allowed@ Rs. 9.50 lakh/MW/year for the

Control Period from FY 2021-22 to FY 2025-26, Unit-wise from the financial year

following the completion of useful life of the respective Unit of generating station:

Provided that if a Unit is in commercial operation for more than 25 years as on

April 01, 2021, this allowance shall be admissible from FY 2021-22:

Provided further that if special allowance is granted by the Commission, the

expenditure incurred or utilized from special allowance shall be maintained

separately by the generating station and details of same shall be made available to

the Commission immediately thereafter.

Additional Capitalization on account of Revised Emission Standards

14.13 A Generating Company required to incur additional capital expenditure in the

existing generating station for compliance of the revised emissions standards shall

share its proposal with the beneficiaries and file a Petition for undertaking such

additional capitalization along with feasibility report and associated impact on

Tariff before the Commission.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

35

14.14 The Petition under above Clause14.13 shall contain DPR, details of proposed

technology and its appropriateness, scope of the work, phasing of expenditure,

schedule of completion, estimated completion cost including foreign exchange

component, if any, detailed computation of indicative impact on tariff to the

beneficiaries, Residual Life Assessment Report by an competent third party

technical agency and any other information considered to be relevant by the

Generating Company;

Provided that the Generating Company shall furnish all relevant details as

sought by the Commission to carry out necessary due diligence for deciding the

matter.

14.15 Where the Generating Company makes an application for approval of additional

capital expenditure on account of implementation of revised emission standards,

the Commission may grant approval after due consideration of the reasonableness

of the cost estimates, financing plan, schedule of completion, interest during

construction, use of efficient technology, cost-benefit analysis, and such other

factors as may be considered relevant by the Commission.

14.16 After completion of the implementation of revised emission standards, the

Generating Company shall file a petition for determination of tariff. Any

expenditure incurred or projected to be incurred and admitted by the Commission

after prudence check based on reasonableness of the cost and impact on operational

parameters shall form the basis of determination of tariff.

Sale of Infirm Power

14.17 Supply of infirm power shall be accounted as per Jharkhand State Electricity

Regulatory Commission (State Grid Code) Regulations, 2008 and subsequent

amendments thereof or any other relevant Regulations specified by the

Commission from time to time and paid for from the regional or State UI pool

account at the applicable frequency-linked UI rate:

Provided that any revenue earned by the Generating Company from sale of

infirm power after accounting for the fuel expenses shall be applied in adjusting the

capital cost accordingly.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

36

CHAPTER-IV

TARIFF STRUCTURE

A 15. Components of tariff

15.1

The tariff for supply of electricity from a thermal generating station shall comprise

two parts namely, Capacity Charge (for recovery of Annual Fixed Cost consisting

of the components as specified in Clause15.3of these Regulations) and Energy

Charge (for recovery of primary and secondary fuel cost and cost of limestone and

any other reagent, as may be applicable as specified inClause15.4 of these

Regulations, in case of thermal generating station) as specified in these

Regulations.

15.2

The supplementary Capacity Charges for additional capitalization and

supplementary Energy Charges, on account of implementation of revised emission

standards in existing generating station or new generating station, as the case may

be, shall be determined by the Commission separately.

15.3

Capacity Charges: The Capacity Charges shall be derived on the basis of annual

fixed cost. The Annual Fixed Cost (AFC) of a generating station shall consist of

the following components:

1. Return on Equity;

2. Interest on Loan Capital;

3. Depreciation;

4. Interest on Working Capital;

5. Operation & Maintenance Expenses, and

6. Less: Non-Tariff Income, and

7. Less: Income from Other Business as specified under Clause15.50&

Clause 15.51:

Provided that Special Allowance in lieu of Renovation & Modernization,

where opted in accordance with Clause 14.11 and Clause 14.12of these Regulations,

shall be recovered separately and shall not be considered for computation of Working

Capital.

15.4

Energy Charges: Energy Charges shall be derived on the basis of the landed fuel

cost (LFC) of a generating station (excluding hydro) and shall consist of the

following cost:

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

37

(a)

Landed Fuel Cost of primary fuel;

(b)

Cost of secondary fuel oil consumption; and

(c)

Cost of limestone or any other reagent, as applicable:

Provided that any refund of taxes and duties along with any amount received

on account of penalties from fuel supplier shall be adjusted in fuel cost:

Provided further that the supplementary energy charges, if any, on account of

meeting the revised emission standards in case of a thermal generating station shall be

determined separately by the Commission.

15.5

The tariff for supply of electricity from a hydro generating station shall comprise

capacity charge and energy charge to be derived in the manner specified in Clause

19.1 to Clause 19.9 of these Regulations.

Debt-Equity Ratio

15.6

Existing Projects: For existing projects declaring Commercial Operation on or

before April 01, 2021, the following Capital Structure is allowed:-

1. Debt-Equity ratio allowed by the Commission for determination of tariff for the

period ending March 31, 2021 shall be considered;

2. In case of the generating station declared under commercial operation prior to

April 01, 2021, but where debt-equity ratio has not been determined by the

Commission for determination of tariff for the period ending March 31, 2021, the

Commission shall approve the debt-equity ratio in accordance with Clause15.7 of

these Regulations.

3. Any expenditure incurred or projected to be incurred on or after April 01, 2021, as

may be admitted by the Commission as additional capital expenditure for

determination of tariff and renovation and modernisation expenditure for life

extension shall be serviced in the manner as specified in Clause15.7of these

Regulations.

15.7

New Projects: For new projects, declaring Commercial Operation on or after April

01, 2021, the following Capital Structure is allowed:-

1. Normative debt-equity ratio of 70:30 shall be considered for the purpose of

determination of Tariff.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

38

2. In case the actual equity employed is in excess of 30%, the amount of equity for

the purpose of tariff determination shall be limited to 30%, and the balance

amount shall be considered as normative loan;

3. In case the actual equity employed is less than 30%, the actual debt-equity ratio

shall be considered;

4. The premium, if any raised by the Generating Company while issuing share

capital and investment of internal accruals created out of free reserve, for the

funding of the project, shall also be reckoned as paid up capital for the purpose of

computing return on equity, only if such premium amount and internal resources

are actually utilized for meeting capital expenditure of the generating station;

5. The Equity invested in foreign currency shall be designated in Indian rupees on

the date of each investment;

6. Any consumer contribution, work carried out under deposit and grant obtained for

the execution of the project shall not be considered as part of the capital structure

for the purpose of computation of normative debt-equity.

Note 1: Any expenditure admitted on account of committed liabilities within the

original scope of work and the expenditure deferred on techno-economic grounds but

falling within the original scope of work shall be serviced in the normative debt-

equity ratio specified in these Regulations;

Note 2: Any expenditure on replacement of old assets or on renovation and

modernization or life extension shall be considered on normative debt-equity ratio

specified in these Regulations after writing off the entire book valueof the original

assets from the capital cost of the new asset;

Note 3: Any expenditure admitted by the Commission for determination of tariff on

account of new works not in the original scope of work shall be serviced in the

normative debt-equity ratio specified in these Regulations.

15.8

The Generating Company shall submit the resolution of the Board of the Company

or approval of the competent authority in other cases regarding infusion of funds

from internal resources in support of the utilization made or proposed to be made

to meet the capital expenditure of the generating station.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

39

Return on Equity

15.9

The return on equity shall be computed in rupee terms, on the equity base

determined in accordance with Clause15.6 and Clause 15.7 of these Regulations.

15.10 The return on equity shall be computed on post-tax basis at the base rate of

14.00%for thermal generating stations, and run of the river hydro generating

station, and at the base rate of 15.00% for the storage type hydro generating

stations including pumped storage hydro generating stations and run of river

generating station with pondage:

Provided that the return on equity shall be allowed only on the equity

employed on assets which are commissioned and are in use;

Provided further that the rate of return of a new project shall be reduced by

1.00% for such period as may be decided by the Commission, if the generating

station is found to be declared under commercial operation without commissioning

of any of Restricted Governor Mode Operation (RGMO)/Free Governor Mode

Operation (FGMO), data telemetry, communication system up to load despatch

centre or protection system;

Provided also as and when any of the above requirements are found lacking in

a generating station based on the report submitted by the SLDC, return on equity

shall be reduced by 1.00% for the period for which the deficiency continues.

Income Tax

15.11 Tax on income, if any, on the Generating business of the Generating Company

shall be limited to tax on the allowed return on equity;

15.12 The income tax actually payable or paid limited to the tax on allowed return on

equity shall be included in the ARR while truing up. The actual assessment of

income tax should take into account benefits of tax holiday, and the credit for carry

forward losses applicable as per the provisions of the Income Tax Act, 1961 and its

amendments thereof shall be passed on to the Beneficiaries. Tax on the other

income streams of the Generating Company shall not be recovered from the

Beneficiaries.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

40

Interest on Loan Capital

15.13 The loans arrived at in the manner indicated in Clause 15.6 and Clause 15.7of these

Regulations, shall be considered as gross normative loan for calculation of Interest

on Loan.

15.14 The normative loan outstanding as on April 01, 2021 shall be worked out by

deducting the cumulative repayment as admitted by the Commission up to March

31, 2021 from the gross normative loan.

15.15 The repayment for each year of the Control Period shall be deemed to be equal to

the depreciation allowed for that financial year.

15.16 In case of de-capitalization of assets, the repayment shall be adjusted by taking into

account cumulative repayment on pro-rata basis and the adjustment should not

exceed cumulative depreciation recovered up to the date of de-capitalization of

such assets.

15.17 Notwithstanding any moratorium period availed by the Generating Company, the

repayment of loan shall be considered from the first year of operation of the

scheme/asset.

15.18 The rate of interest shall be the weighted average rate of interest calculated on the

basis of the actual loan portfolio at the beginning of each year applicable to the

Generating Company:

Provided that if there is no actual loan for a particular year but normative loan

is still outstanding, then the rate of interest shall be considered on normative basis

and shall be equal to Bank Rate as on April 01of the respective year of the Control

Period plus 200 basis points;

Provided also that, in case of new Generating Company commencing its

operation after the date of effectiveness of these Regulations, and which doesnot

have actual loan portfolio, the rate of interest shall be considered on normative

basis and shall be equal to Bank Rate as on April 01of the respective year of the

Control Period plus 200 basis points.

15.19 The interest on loan shall be calculated on the normative average loan of the year

by applying the weighted average rate of interest;

15.20 The above interest computation shall exclude interest on loan amount, normative or

otherwise, to the extent of capital cost funded by Consumer Contribution, Grants or

Deposit Works carried out by Generating Company.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

41

15.21 The Generating Company shall make every effort to re-finance the loan as long as

it results in net savings on interest and in that event the costs associated with such

re-financing shall be pass-through to the Beneficiaries and the net savings shall be

shared between the beneficiaries and the Generating Company, in the ratio of

50:50.

15.22 In case of dispute, any of the parties may make an application in accordance with

the JSERC (Conduct of Business) Regulations, 2016, as amended from time to

time, including statutory re-enactment thereof for settlement of the dispute.

Interest on Working Capital

15.23 The Commission shall determine the Working Capital requirement on normative

basis for coal-based generating stations, which shall comprise the following

components:

1. Cost of coal or lignite and limestone towards stock, if applicable, for 10 days for

pit-head generating stations and 20 days for non-pit-head generating stations for

generation corresponding to the normative annual plant availability factor or the

maximum coal/lignite stock storage capacity, whichever is lower;

2. Cost of coal or lignite and limestone for 30 days for generation corresponding to

normative annual plant availability factor;

3. Cost of secondary fuel oil for two months for generation corresponding to the

Normative Annual Plant Availability Factor, and in case of use of more than one

secondary fuel oil, cost of fuel oil stock for the main secondary fuel oil;

4. Operation and Maintenance expenses, including water charge and security

expenses for one month;

5. Maintenance spares @ 20% of Operation and Maintenance Expenses;

6. Receivables equivalent to 45days of capacity charges and energy charges for sale

of electricity calculated on the Normative Annual Plant Availability Factor:

Provided that the cost of primary fuel shall be based on the landed cost

incurred (taking into account normative transit and handling losses) by the

generating station and gross calorific value of the fuel on ‘as received basis’as per

actual weighted average for three months preceding the first month for which tariff

is to be determined:

Provided further that in case of new generating station, the cost of fuel for

the first financial year shall be considered based on landed fuel cost (taking into

account normative transit and handling losses) and gross calorific value of the fuel

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

42

as per actual weighted average for three months, as used for infirm power,

preceding date of commercial operation for which tariff is to be determined.

15.24 The working capital for Open-cycle Gas Turbine/Combined Cycle thermal based

Generating Stations shall comprise the following components:

1. Fuel expenses for 30 days corresponding to the Normative Annual Plant

Availability Factor, duly taking into account mode of operation of the generating

station on gas fuel and liquid fuel;

2. Liquid fuel stock for 15 days corresponding to the Normative Annual Plant

Availability Factor, and in case of use of more than one liquid fuel, cost of main

liquid fuel, duly taking into account mode of operation of the generating station on

gas fuel and liquid fuel;

3. Operation and Maintenance Expenses, including water charges and security

expenses for one month;

4. Maintenance spares @ 30% of Operation and Maintenance Expenses including

water charges and security expenses;

5. Receivables equivalent to 45 days of capacity charge and energy charge for sale of

electricity calculated on Normative Annual Plant Availability factor, duly taking

into account mode of operation of the generating station on gas fuel and liquid

fuel:

Provided that the cost of primary fuel shall be based on the landed cost

incurred as per actual weighted average for three months preceding the first month

for which tariff is to be determined:

Provided further that in case of new generating station, the cost of fuel for the

first financial year shall be considered based on landed fuel and gross calorific

value of the fuel as per actual weighted average for three months, as used for

infirm power, preceding date of commercial operation for which tariff is to be

determined.

15.25 The working capital for Hydro Generating Stations (including Pumped Storage

Hydro Generating Station) and shall comprise the following components:

1. Operation and Maintenance expenses, including security expenses for one month;

2. Maintenance spares @ 15% of Operation & Maintenance Expenses including

security expenses;

3. Receivables equivalent to 45 days of annual fixed cost.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

43

15.26 The rate of Interest on Working Capital shall be on normative basis and shall be

equal to Bank Rate plus 350 basis points as on September 30 of the financial year

in which the MYT Petition is file dor as on April 01, of the year during the Control

Period from FY 2021-22 to FY 2025-26 in which the generating station or a Unit

thereof, is declared under commercial operation, whichever is later:

Provided that the rate of interest on working capital shall be trued up on the

basis of Bank Rate plus 350 basis points as applicable on April 01, of the

respective financial year at the time of true up.

15.27 The interest on working capital shall be payable on normative basis

notwithstanding that the Generating Company has not taken working capital loan

from any outside agency.

Depreciation

15.28 Depreciation shall be calculated every year, on the amount of Capital Cost of the

assets as admitted by the Commission. In case tariff of multiple Units of a

generating station is determined, weighted average life for the generating station

shall be applied:

Provided that depreciation shall not be allowed on assets funded by Consumer

Contribution and Capital Subsidies/Grants. Provision for replacement of such

assets shall be made in the Capital Investment Plan.

15.29 Depreciation for each year shall be determined based on the methodology as

specified in these Regulations along with the rates and other terms specified in

these Regulations.

15.30 Depreciation shall be calculated annually, based on the straight-line method, at the

rates specified at Appendix-I. The base value for the purpose of depreciation shall

be original cost of the asset:

Provided that the Generating Company shall ensure that once the individual

asset is depreciated to the extent of seventy (70) percent of the Book Value of that

asset, remaining depreciable value as on March 31 of the year closing shall be

spread over the balance useful life of the asset;

Provided that in case the tenure of PPA executed between the Generating plant

and Beneficiaries is more than that of the Useful life of the plant, the Commission

after prudence check may consider the PPA life for spreading the remaining

depreciable value as on March 31 of the year instead of useful life;

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

44

Provided that in case after carrying out the residual life assessment, it is found

that the residual life of the generating station or unit as the case may be is beyond

the useful life specified in these regulations the Commission after prudence check,

may spread the remaining depreciable value to be recovered over the extended life

of the plant.

15.31 Depreciation shall be charged from the first year of commercial operation of the

asset. In case, the operation of the asset is for a part of the year, depreciation shall

be charged on pro-rata basis:

Provided that any depreciation disallowed on account of lower availability of

the generating station shall not be allowed to be recovered at a later stage during

the useful life and the extended life.

15.32 The residual value of assets shall be considered as 10%and depreciation shall be

allowed to a maximum of 90% of the original cost of the asset. Land is not a

depreciable asset and its cost shall be excluded while computing 90% of the

original cost of the asset:

Provided that the salvage value for IT equipment and software shall be

considered as NIL and 100% value of the assets shall be considered depreciable:

Provided further that in case of hydro generating stations, the salvage value

shall be as provided in the agreement signed by the developers with the State

Government for creation of the site:

Provided also that the capital cost of the assets of the hydro generating station

for the purpose of computation of depreciable value shall correspond to the

percentage of sale of electricity under long-term Power Purchase Agreement at

regulated tariff.

15.33 The Commission may, in the absence of the Fixed Assets Register, calculate

Depreciation (%) arrived by dividing the Depreciation and the Average Gross

Fixed Assets as per the latest available Audited Accounts of the Generating

Company. The Depreciation (%) so arrived shall be multiplied by the Average

GFA approved by the Commission for the relevant Financial Year to arrive at the

Depreciation for that Financial Year.

15.34 In case of de-capitalization of assets in respect of Generating Station or Unit

thereof the cumulative depreciation shall be adjusted by taking into account the

depreciation recovered through tariff towards decapitalization asset during its

useful services.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

45

Operation and Maintenance Expenses

15.35 Operation and Maintenance (O&M) expenses shall comprise of the following:

1. Salaries, wages, pension contribution and other employee costs;

2. Administrative and General costs;

3. Repairs and maintenance expenses;

New Generating Stations:

15.36 The normative Operation and Maintenance Expenses of Coal based and Lignite

fired (including those based on Circulating Fluidised Bed Combustion (CFBC)

technology) generating stations shall be as follows:

Year

200/210/250

MW Sets

300/330/350

MWSets

500 MW Sets

600 MW and

above Sets

FY 2021-22

35.31

29.72

24.12

21.71

FY 2022-23

36.56

30.76

24.97

22.47

FY 2023-24

37.84

31.84

25.84

23.26

FY 2024-25

39.16

32.95

26.74

24.07

FY 2025-26

40.54

34.11

27.68

24.92

Note: all the values are in Rs. Lakh/MW

Provided that where the date of Commercial Operation of any additional

Unit(s)of a Generating Station after first four Units occurs on or after April 01, 2021,

the Operation &Maintenance Expenses of such additional Unit(s) shall be admissible

at 90% of the Operation & Maintenance Expenses as specified above:

Provided further that the O&M Expenses for the existing Stations will be

approved by the Commission in their respective MYT Orders based on the actual

value of O&M expenses of the past Control Period and after carrying out due

prudence check.

15.37 The Normative Operation and Maintenance Expenses of Open Cycle Gas

Turbine/Combined Cycle generating Stations shall be as follows:

Year

Gas Turbine/Combined Cycle

Generating Stations

Small Turbine Power

Generating Stations

FY 2021-22

18.84

38.80

FY 2022-23

19.50

40.16

FY 2023-24

20.19

41.57

FY 2024-25

20.90

43.02

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

46

Year

Gas Turbine/Combined Cycle

Generating Stations

Small Turbine Power

Generating Stations

FY 2025-26

21.63

44.53

Note: all the values are in Rs. Lakh/MW

15.38 The Normative Operation and Maintenance Expenses for Lignite-fired generating

stations shall be as follows:

Year

125 MW Sets

FY 2021-22

33.37

FY 2022-23

34.54

FY 2023-24

35.76

FY 2024-25

37.01

FY 2025-26

38.30

Note: all the values are in Rs. Lakh/MW

15.39 The Normative Operation and Maintenance Expenses of generating stations based

on coal rejects shall be as follows:

Year

O&M Expenses

FY 2021-22

33.37

FY 2022-23

34.54

FY 2023-24

35.76

FY 2024-25

37.01

FY 2025-26

38.30

Note: all the values are in Rs. Lakh/MW

Existing Generating Stations

15.40 The O&M Expenses for the Base Year of the Control Period shall be approved by

the Commission taking into account the audited accounts of FY 2015-16 to FY

2019-20, Business Plan filed by the Generating Company, estimates of the actual

for the Base Year, prudence check and any other factor considered appropriate by

the Commission.

15.41 The O&M expenses permissible towards ARR of each year of the Control Period

shall be approved based on the formula shown below:

O&Mn = (R&Mn + EMPn + A&Gn) + Terminal Liabilities

Where,

R&Mn – Repair and Maintenance Costs of the Generating Company for the nth

year;

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

47

EMPn – Employee Costs of the Generating Company for the nth year

excluding terminal liabilities;

A&Gn – Administrative and General Costs of the Generating Company for the

nth year.

15.42 The above components shall be computed in the manner specified below:

a) (Repair &Maintenance)n = K*GFA*(INDXn/ INDXn-1)

Where,

‘K’ is a constant (expressed in %) governing the relationship between

Repair &Maintenance costs and Gross Fixed Assets (GFA) and shall be

calculated based on the % of Repair &Maintenance to GFA of the

preceding years of the Base Year in the MYT Order after normalising any

abnormal expenses;

‘GFA’ is the opening value of the gross fixed asset of the nthyear;

b)

EMPn + A&Gn = [(EMPn-1)* (1+Gn)+ (A&Gn-1)]*(INDXn/ INDXn-1)

Where,

EMPn-1 – Employee Costs of the Generating Company for the (n-1)th year

excluding terminal liabilities;

A&Gn-1 – Administrative and General Costs of the Generating Company

for the (n-1)th year excluding legal/litigation expenses;

INDXn – Inflation factor to be used for indexing the employee cost and

A&G cost. This will be a combination of the Consumer Price Index (CPI)

and the Wholesale Price Index (WPI) for immediately preceding year

before the base year;

Gn – is a growth factor for the nth year and it can be greater than or lesser

than zero based on the actual performance. Value of Gn shall be

determined by the Commission in the MYT Order for meeting the

additional manpower requirement based on the Generating Company

Filing, benchmarking and any other factor that the Commission feels

appropriate;

c)

INDXn = 0.55*CPIn +0.45*WPIn;

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

48

Note-1: For the purpose of estimation, the same INDXn/INDXn-1value shall be used

for all years of the Control Period. However, theCommission will consider the actual

values in the INDXn/INDXn-1at the end of each year during the Annual Performance

Review exercise and true up the employee cost and A&G expenses on account of this

variation, for the Control Period;

Note-2: Any variation due to changes recommended by the Pay Commission or wage

revision agreement, etc., will be considered separately by the Commission.

Note-3: Terminal Liabilities will be approved as per actual submitted by the

Generating Companyalong with documentary evidence such as actuarial studies.

15.43 The Generating Company, in addition to the above details shall also submit the

detailed break-up of the Legal/Litigation Expenses for the previous Years

(FY 2015-16 to FY 2019-20) along with the details and documentary evidence of

incurring such expenses. The Commission shall approve the legal expenses as per

the relevant provisions of the Jharkhand State Litigation Policy based on the

necessary documentary evidence submitted for the Control Period and shall carry

out due prudence check of legal expenses at the time of truing up.

15.44 The additional Operation and Maintenance expenses on account of implementation

of revised emission standards shall be approved on case to case basis.

15.45 In case of the hydro generating stations declared under commercial operation on or

after April 01, 2021, operation and maintenance expenses of first year shall be

fixed at 3.5% and 5.0% of the original project cost (excluding cost of rehabilitation

& resettlement works, IDC and IEDC) for stations with installed capacity

exceeding 200 MW and for stations with installed capacity less than 200 MW

respectively, with annual escalation (INDXn/INDXn-1) as determined annually.

Other Charges

15.46 The Water Charges for thermal generating stations shall be allowed separately after

prudence check:

Provided that Water Charges shall be allowed based on water consumption,

depending upon type of plant, type of cooling water system, subject to prudence

check. The details regarding the same shall be furnished along with the Petition.

15.47 The Security Expenses and Capital Spares for hydro generating stations shall be

allowed separately after prudence check:

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

49

Provided that the generating station shall submit the assessment of the security

requirement and estimated expenses, and the details of year-wise actual capital

spares consumed at the time of truing up with appropriate justification.

Non-Tariff Income

15.48 The amount of Non-Tariff Income relating to the generating business as approved

by the Commission shall be deducted from the ARR in determining the Tariff of

the generating business:

Provided that the Generating Company shall submit full details of its forecast

of Non-Tariff Income to the Commission in such form as may be stipulated by the

Commission.

15.49 The Non-Tariff Income shall include:

a) Income from rent of land or buildings;

b) Income from sale of scrap;

c) Income from investments;

d) Interest accrued on advances to suppliers/contractors;

e) Interest income on loans / advances to employees;

f) Income from rental of staff quarters;

g) Income by rental from contractors;

h) Income by hire charges from contactors and others;

i) Income by supervision charges, etc.;

j) Supervision charges for capital works;

k) Income from advertisements;

l) Income from sale of tender documents;

m) Income from sale of ash and other by products;

n) Profit from sale of assets (i.e. difference of Sale value and Book value);

o) Any other Non-Tariff Income:

Provided that the interest earned from investments made out of return on

equity corresponding to the Generating Business of the Generating Company shall not

be included in Non-Tariff Income.

Provided that the onus to substantiate, to the satisfaction of the Commission,

that such investments have been out of Return on Equity shall be on the Generating

Company.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

50

Income from Other Business

15.50 Where the Generating Company is engaged in any Other Business utilising

infrastructure and/or manpower of regulated business by any means, the income

from such business will be calculated considering the following conditions:

1. The Generating Company shall not in any manner utilize the assets and

facilities of the Generating Business or otherwise directly or indirectly allow

the activities to be undertaken in a manner that it results in the Generating

Business subsidising the Other Business in any manner;

2. The Generating Company shall not in any manner, directly or indirectly

encumber the assets and facilities of the Generating Business for the Other

Business or for any activities other than the Generating Business;

3. The Generating Company shall duly pay for all costs accounted for in the

Generating Business, which have been in curred for Other Business and in the

event of such cost being incurred commonly for both the Generating Business

and Other Business, apportion such cost and ensure due payment of

apportioned costs to the Generating Business from the Other Business;

4. The revenue derived from the Other Business shall be commensurate with

prevailing market condition for such similar business activities;

5. In addition to the sharing of costs under sub-clause3 above, the Generating

Company shall account for and ensure due payment to the Generating

Business a certain proportion of revenues from the Other Business. The

Generating Company shall retain 50% of the revenues arising on account of

Other Business and pass on the remaining 50% of the revenues to the

Beneficiaries.

15.51 The revenue from Other Business shall be deducted from the ARR in calculating

the revenue requirement of the Generating Company:

Provided that the Generating Company shall follow a reasonable basis for

allocation of all joint and common costs between the Generating Business and the

Other Business and shall submit the Allocation Statement as approved by the

Board of Directors to the Commission along with his application for determination

of tariff:

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

51

Provided further that where the sum total of the direct and indirect costs of

such Other Business exceeds the revenues from such Other Business, no amount

shall be allowed to be added to the ARR of the Generating Company on account of

such Other Business.

A 16. Norms of Operation for Thermal Power Generating Station

16.1

The values for operational norms for the existing generating stations have been

decided, based on the past operational data of these plants. The norms of operation

as given hereunder shall apply for existing thermal power stations in the State:

Jojobera Thermal Power Station (TPCL) - Unit-II& III

Parameters

FY 2021-22

FY 2022-23

FY 2023-24

FY 2024-25

FY 2025-26

Normative Annual Plant Availability Factor (%)

85%

85%

85%

85%

85%

Normative Annual Plant Load Factor (%)

85%

85%

85%

85%

85%

Gross Station Heat Rate (kcal/kWh)

2550

2550

2525

2525

2525

Auxiliary Consumption (%)

9.00%

9.00%

9.00%

9.00%

9.00%

Secondary Fuel Oil Consumption (ml/kWh)

0.50

0.50

0.50

0.50

0.50

Inland Power Limited (IPL)

Parameters

FY 2021-22

FY 2022-23

FY 2023-24

FY 2024-25

FY 2025-26

Normative Annual Plant Availability Factor (%)

85%

85%

85%

85%

85%

Normative Annual Plant Load Factor (%)

85%

85%

85%

85%

85%

Gross Station Heat Rate (kcal/kWh)

2765

2765

2765

2765

2765

Auxiliary Consumption (%)

10.00%

10.00%

10.00%

10.00%

10.00%

Secondary Fuel Oil Consumption (ml/kWh)

1.00

1.00

1.00

1.00

1.00

Tenughat Thermal Power Station (TVNL)

Parameters

FY 2021-22

FY 2022-23

FY 2023-24

FY 2024-25

FY 2025-26

Normative Annual Plant Availability Factor (%)

85%

85%

85%

85%

85%

Normative Annual Plant Load Factor (%)

85%

85%

85%

85%

85%

Gross Station Heat Rate (kcal/kWh)

2503

2503

2503

2503

2503

Auxiliary Consumption (%)

9.50%

9.50%

9.50%

9.50%

9.50%

Secondary Fuel Oil Consumption (ml/kWh)

1.00

1.00

1.00

1.00

1.00

Provided that for any existing generating station whose norms are not specified

above and whose determination of tariff falls under the jurisdiction of this

Commission, the Commission shall determine the norms for such generating

station on case to case basis taking into consideration actuals and the norms specified

in the previous Control Period after carrying out due prudence check based on the

petition submitted by the Generating Company.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

52

16.2

The Commission after prudence check may modify these norms of operations after

considering the capital investments approved for any Renovation and

Modernisation activities in these plants. However, under normal working scenario,

the Commission may not review the norms of operations as mentioned in Clause

16.1 of these Regulations.

16.3

The norms of operation for generating stations other than the stations mentioned

above shall be as under:

1. Normative Annual Plant Availability Factor (NAPAF):

85%;

2. Normative Annual Plant Load Factor (NAPLF) for Incentive: 85%;

3. Gross Station Heat Rate:

For Coal-based and lignite-fired Thermal Generating Stations:

SHR=1.05 x Design Heat Rate (kcal/kWh);

Where, the Design Heat Rate of the generating Unit means the Unit heat rate

guaranteed by the supplier at conditions of 100% MCR, zero percent make up,

design coal and design cooling water temperature/back pressure:

Provided that the design heat rate shall not exceed the following maximum

design Unit heat rates depending upon the pressure and temperature ratings of the

Units:

Particulars

Values

Pressure Rating (kg/cm2)

150

170

170

247

247

270

270

SHT/RHT (0C)

535/535

537/537

537/565

537/565

565/593

593/593

600/600

Type of BFP

Electrical

Driven

Turbine

driven

Turbine

driven

Turbine

driven

Turbine

driven

Turbine

driven

Turbine

driven

Max Turbine Cycle Heat

rate(kcal/kWh)

1955

1950

1935

1900

1850

1810

1800

Minimum Boiler Efficiency

Sub-Bituminous Indian Coal

0.86

0.86

0.86

0.86

0.86

0.865

0.865

Bituminous Imported Coal

0.89

0.89

0.89

0.89

0.89

0.895

0.895

Maximum Design Heat rate (kcal/kWh)

Sub-Bituminous Indian Coal

2273

2267

2250

2222

2151

2105

2081

Bituminous Imported Coal

2197

2191

2174

2135

2078

2034

2022

Provided further that in case pressure and temperature parameters of a Unit are

different from above ratings, the maximum design unit heat rate of the nearest

class shall be taken:

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

53

Provided also that where unit heat rate has not been guaranteed but turbine

cycle heat rate and boiler efficiency are guaranteed separately by the same

supplier or different suppliers, the unit design heat rate shall be arrived at by using

guaranteed turbine cycle heat rate and boiler efficiency:

Provided also that where the boiler efficiency is lower than 86% for

Subbituminous Indian coal and 89% for bituminous imported coal, the same shall

be considered as 86% and 89% for Sub-bituminous Indian coal and bituminous

imported coal respectively, for computation of station heat rate:

Provided also that maximum turbine cycle heat rate shall be adjusted for type

of dry cooling system:

Provided also that if one or more Units were declared under commercial

operation prior to April 01, 2021, the heat rate norms for those Units as well as

Units declared under commercial operation on or after April 01, 2021, shall be

lowest of the heat rate norms arrived at by above methodology and the norms

specified in Clause 16.1 of these Regulations:

Provided also that for Generating stations based on coal rejects, the

Commission shall approve the Station Heat Rate on case to case basis.

Note: In respect of Units where the boiler feed pumps are electrically operated,

the maximum design unit heat rate shall be 40 kcal/kWh lower than the maximum

design unit heat rate specified above with turbine driven BFP.

For Gas-based/Liquid-based thermal generating Unit(s)/ block(s):

For Natural Gas = 1.05xDesign Heat Rate of the Unit/block (kcal/kWh)

For RLNG = 1.071xDesign Heat Rate of the Unit/block for Liquid Fuel

(kcal/kWh);

Where, the Design Heat Rate of a Unit shall mean the guaranteed heat rate for

a Unit at 100% MCR and at site ambient conditions; and the Design Heat Rate of

a block shall mean the guaranteed heat rate for a block at 100% MCR, site

ambient conditions, zero percent make up, design cooling water temperature/back

pressure.

4. Auxiliary Energy Consumption:

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

54

For Coal-based generating stations with Natural Draft cooling tower or without

cooling tower:

Sr.no.

Generating Station

Auxiliary Energy

Consumption

1.

200 MW Series

8.50%

2.

300 MW and above Series with Steam

driven Boiler Feed Pumps

5.75%

3.

300/330/350/500 MW Series with

Electrically driven Boiler Feed Pumps

8.00%

Provided that for thermal generating stations with induced draft

cooling towers, the norms shall be further increased by 0.5%:

Provided further that additional auxiliary energy consumption as

follows shall be allowed for plants with Dry Cooling Systems:

Sr.no.

Type of Dry Cooling System

Type of Dry

Cooling System

1.

Direct cooling air cooled condensers

with mechanical draft fans

1.0%

2.

Indirect cooling system employing jet

condensers with pressure recovery

turbine and natural draft tower

0.5%

Note: The auxiliary energy consumption for the Unit capacity of less than 200

MW sets shall be dealt on case to case basis.

For Gas Turbine/Combined Cycle generating stations:

Sr.no.

Generating Station

Auxiliary Energy

Consumption

1.

Combined Cycle

2.5%

2.

Open Cycle

1.0%

Wherever the station is designed for combined cycle operation, the approval of

SLDC shall be required for operation of the station in the open cycle mode.

5. Secondary Fuel Oil Consumption:

For Coal-based generating stations: 0.50ml/kWh;

For Lignite-fired generating stations: 1.00ml/kWh

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

55

16.4

Operational norms specified in these Regulations are the ceiling norms and shall

not preclude the Generating Company and the beneficiaries from agreeing to the

improved norms and in case the improved norms are agreed to, such improved

norms shall be applicable for determination of tariff. The Generating Company and

the beneficiaries are required to provide the detail of such improved norms before

the Commission.

16.5

In case of renovation and modernisation, derating and rerating of the generating

station, norms of operation may be reviewed and modified accordingly by the

Commission.

A 17. Methodology for calculation of Capacity Charge& Energy Chargefor Thermal

Generating Stations

Computation and Payment of Capacity Charge for Thermal Generating Stations

17.1

The Fixed Cost of a thermal generating station shall be computed on annual basis,

based on norms specified under these Regulations, and recovered on monthly basis

under capacity charge. The total capacity charge payable for a generating station

shall be shared by its Beneficiaries as per their respective percentage share or

allocation in the capacity of the generating station.

17.2

The full Capacity Charges shall be recoverable at Normative Annual Plant

Availability Factor (NAPAF) specified in Clause 16.1 and Clause 16.3of these

Regulations. Further, the recovery of Capacity Charges below the level of

Normative Annual Plant Availability Factor (NAPAF) will be on a pro-rata basis.

At zero availability, no Capacity Charges shall be payable.

17.3

The Capacity Charge payable to a thermal generating station for a calendar month

shall be calculated in accordance with the following formulae:

CC1=(AFC/12)(PAF1/NAPAF) subject to ceiling of (AFC/12);

CC2=((AFC/6)(PAF2/NAPAF) subject to ceiling of (AFC/6))-CC1;

CC3=((AFC/4)(PAF3/NAPAF) subject to ceiling of (AFC/4))-(CC1+CC2);

CC4=((AFC/3)(PAF4/NAPAF) subject to ceiling of (AFC/3))-(CC1+CC2+CC3);

CC5=((AFCx5/12)(PAF5/NAPAF) subject to ceiling of (AFCx5/12))-(CC1+CC2+CC3

+CC4);

CC6=((AFC/2)(PAF6/NAPAF) subject to ceiling of (AFC/2))-(CC1+CC2+CC3+CC4 + CC5)

CC7=((AFCx7/12)(PAF7/NAPAF) subject to ceiling of (AFCx7/12))-(CC1+CC2+CC3

+CC4+CC5+CC6);

CC8=((AFCx2/3)(PAF8/NAPAF) subject to ceiling of (AFCx2/3))-(CC1+CC2 +CC3 +CC4

+CC5+CC6+CC7);

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

56

CC9=((AFCx3/4)(PAF9/NAPAF) subject to ceiling of (AFCx3/4))-(CC1+CC2 +CC3+CC4+

CC5+CC6+CC7+CC8);

CC10=((AFCx5/6)(PAF10/NAPAF) subject to ceiling of (AFCx5/6))-(CC1+CC2+CC3

+CC4+CC5+CC6+CC7+CC8+CC9);

CC11=((AFCx11/12)(PAF11/NAPAF) subject to ceiling of (AFCx11/12))-(CC1+CC2+CC3

+CC4+CC5+CC6+CC7+CC8+CC9+CC10);

CC12=((AFC)(PAFY/NAPAF) subject to ceiling of (AFC))-(CC1+CC2+CC3+CC4+CC5+

CC6+CC7+CC8+CC9+CC10+CC11):

Provided that in case of generating station or Unit thereof under shutdown due

to Renovation and Modernisation, the Generating Company shall be allowed to

recover Operation and Maintenance expenses and interest on loan only;

Where,

AFC = Annual Fixed Cost, specified for the year (in Rupees);

NAPAF = Normative Annual Plant Availability Factor (%);

PAFM = Plant Availability Factor achieved up to the end of nth month (%);

PAFY = Plant Availability Factor achieved during the Year (%).

CC1, CC2, ..…CC12 are the Capacity Charges of 1st, 2nd …… and 12thmonths,

respectively.

17.4

The Plant Availability Factor achieved for the month (PAFM) shall be computed in

accordance with the following formula:

N

PAFM= 100x∑ DCi/{N x IC x (1 - Aux)}%

i=1

Where,

Aux: Normative Auxiliary Energy Consumption (%);

DCi:Average Declared Capacity (in ex-bus MW), for the ithtime block in such

period;

IC: Installed Capacity (in MW) of the generating station;

N: Number of time blocks in the given period.

17.5

In addition to the capacity charge, an incentive shall be payable to a generating

station or Unit thereof at a flat rate of 50 paise/kWh for ex-bus scheduled energy

corresponding to scheduled generation in excess of ex-bus energy corresponding to

Normative Annual Plant Load Factor (NAPLF).

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

57

17.6

In case of fuel shortage in a thermal generating station, the Generating Company

may propose to deliver a higher MW during peak-load hours by saving fuel during

off-peak hours. The SLDC may then specify a pragmatic day-ahead schedule for

the generating station to optimally utilize its MW and energy capability, in

consultation with the Beneficiaries. DCi in such an event shall be taken to be equal

to the maximum peak-hour ex-power plant MW schedule specified by the SLDC

for that day.

Computation and Payment of Energy Charge for Thermal Generating Stations

17.7

The energy (variable) charge shall cover primary fuel and secondary fuel costs and

limestone consumption cost (where applicable) and shall be payable by every

beneficiary for the total energy scheduled to be supplied to such beneficiary during

the calendar month on ex-power plant basis, at the specified energy charge rate of

the month (with fuel price adjustment and limestone adjustment).The total energy

charge payable to the Generating Company for a month shall be:

Energy Charges = Energy Charge Rate (in Rs./kWh) x Scheduled Energy (Ex-Bus) for

the Month (in kWh)

17.8

Energy Charge Rate(in Rs./kWh) on ex-power plant basis shall be determined to

three decimal places in accordance with the following formulae:

For coal-based stations and lignite fired stations:

Energy Charge Rate (ECR) = {(SHR - SFC x CVSF) x LPPF/CVPF+SFC x LPSFi+ LC

x LPL} /(1 – Aux)

For gas and liquid fuel-based stations:

ECR = SHR x LPPF / {CVPF x (1 – Aux)}

Where,

Aux: Normative auxiliary energy consumption (%);

CVPF: (a)Weighted Average Gross calorific value of coal as received, in kcal per kg

for coal based stations;

(b) Weighted Average Gross calorific value of primary fuel as received in kcal

per kg, per litre or per standard cubic meter, as applicable for lignite, gas and

liquid fuel based stations;

(c)In case of blending of fuel from different sources, the weighted average

Gross calorific value of primary fuel shall be arrived in proportion to blending

ratio.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

58

CVSF: Calorific value of secondary fuel (kcal/ml);

ECR - Energy Charge Rate (Rs./kWh);

SHR - Gross Station Heat Rate (kcal/kWh);

LC = Normative limestone consumption (kg/kWh);

LPPF - Weighted average landed price of primary fuel, in Rupees per kg, per litre or

per standard cubic metre, as applicable, during the month. (In case of blending of fuel

from different sources, the weighted average landed price of primary fuel shall be

arrived in proportion to blending ratio);

LPSFi=Weighted Average Landed Price of Secondary Fuel in Rs./ml during the

month;

LPL = Weighted average landed price of limestone in Rupees per kg;

SFC - Specific fuel oil consumption, in ml per kWh.

Provided that the energy charge rate for a gas or liquid fuel-based station shall

be adjusted for open cycle operation based on certification of SLDC for the open

cycle operation during the month.

17.9

The Generating Company shall provide to the beneficiaries of the generating

station the details of parameters of GCV and price of fuel, i.e., domestic coal,

imported coal, e-auction coal, lignite, natural gas, RLNG, liquid fuel, etc.:

Provided that the details of blending ratio of the imported coal with domestic

coal, proportion of e-auction coal and the weighted average GCV of the fuels as

received shall also be provided separately, along with the bills of the respective

month:

Provided further that copies of the bills and details of parameters of GCV and

price of fuel, i.e., domestic coal, imported coal, e-auction coal, lignite, natural gas,

RLNG, liquid fuel, etc., and details of blending ratio of the imported coal with

domestic coal, proportion of e-auction coal shall also be displayed on the website of

the Generating Company. The details should be available on its website on monthly

basis for a period of three months.

17.10 The landed fuel cost of primary fuel and secondary fuel for tariff determination

shall be based on actual weighted average cost of primary fuel and secondary fuel

of the three preceding months, and in the absence of landed costs for the three

preceding months, latest procurement price of primary fuel and secondary fuel for

the generating station, before the start of the Control period for existing stations

and immediately preceding three months in case of new generating stations shall be

taken into account.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

59

17.11 The landed cost of fuel for the month shall include price of fuel corresponding to

the grade and quality of fuel inclusive of royalty, taxes and duties as applicable,

transportation cost by rail/road or any other means, and, for the purpose of

computation of energy charge, and in case of coal/lignite shall be arrived at after

considering normative transit and handling losses as percentage of the quantity of

coal or lignite dispatched by the coal or lignite supply company during the month

as given below:

Pithead generating stations: 0.2%

Non-pithead generating stations: 0.8%

Provided that in case of pithead stations if coal or lignite is procured from

sources other than the pithead mines, which is transported to the station through rail,

transit loss of 0.8% shall be applicable:

Provided further that in case of imported coal, the transit and handling losses

shall be 0.2%.

Fuel Price Adjustment

17.12 The Fuel Price Adjustment (FPA) applicable for calculation of Energy Charges is

as follows:

a)

For coal-based generating stations, FPA = A + B

Where,

FPA – Fuel price Adjustment for a month in Paise/kWh sent out;

A – Fuel price adjustment for Secondary Fuel oil in Paise/kWh sent out;

B – Fuel price adjustment for Coal in Paise/kWh sent out;

A={10/(100-ACn)}*SFCn*(Pom-Pos)

B={10/(100-ACn)}*[SHRn*{(Pcm/Kcm) - (Pcs/Kcs)}- SFCn*{(Kom*Pcm/Kcm) –

(Koms*Pcs/Kcs)}]

Where,

SFCn = Normative Specific Fuel Oil consumption in L/kWh;

SHRn = Normative Gross Station Heat Rate in kcal/kWh;

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

60

ACn =

Normative Auxiliary consumption, in absolute term (if normative aux

is 10%, then absolute value i.e. 10, to be considered;

Pom = Weighted average price of fuel oil on as consumed basis during the

month in Rs. /kL;

Kom = Weighted average Gross Calorific Value of fuel oils fired for the month

in kcal/Litre;

Pos = Base value of price of fuel oils as taken for determination of base energy

charge in the Tariff Order in Rs./kL;

Kos = Base value of Gross Calorific Value of fuel oils as taken for

determination of base energy charge in the Tariff Order in kcal/Litre;

Pcm = Weighted average price of coal procured and burnt during the month at

the power station in Rs. / MT;

Kcm = Weighted average Gross Calorific Value of coal fired at boiler front for

the month in kcal/kg;

Pcs = Base value of price of coal as taken for determination of base energy

charge in the Tariff Order in Rs. /MT;

Kcs = Base value of gross calorific value of coal as taken for determination of

base energy charge in the Tariff Order in kcal/kg.

b)

For gas based thermal power plants, the Fuel Price Adjustment is calculated

using the following formula:

)

100

(

)]

(

)

[(

*

*

10

n

s

s

m

m

n

AC

K

P

K

P

SHR

FPA

−

−

=

Where:

FPA = Fuel Price Adjustment for a month in Paise/kWh sent out;

SHRn = Normative Gross Station Heat Rate expressed in kcal/kWh;

ACn = Normative Auxiliary Consumption, in absolute term (if normative aux

is 10%, then absolute value i.e. 10, to be considered;

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

61

Pm = Weighted average price of Gas or Liquid fuel as per PSL for the month

in Rs. / 1000 SCM of Rs./ KL or Rs./MT;

Km = Weighted average Gross Calorific Value of Gas or Liquid fuel for the

month in Kcal/ SCM or kcal/ Litre or kcal/kg;

Ps = Base price of Gas or Liquid fuel as taken for determination of base energy

charge in tariff order in Rs. / 1000 SCM of Rs./kL or Rs./MT;

Ks = Base value of Gross Calorific Value of Gas or Liquid fuel as taken for

determination of base energy charge in tariff order in kcal/ SCM or kcal/Litre

or kcal/ Kg.

17.13 Any variation in fuel prices on account of change in the Gross Calorific Value

(GCV) of coal or gas or liquid fuel shall be adjusted on a monthly basis on the

basis of weighted average GCV of coal or gas or liquid fuel in stock, received and

burnt and weighted average landed cost incurred by the Generating Company for

procurement of coal, oil, or gas or liquid fuel, as the case may be for a power

station.

17.14 Initially, the Base value of price of fuel oils, price of coal incurred by the

Generating Company/ generating station shall be taken based on actuals of the

weighted average price of the three preceding months and in the absence of

weighted average landed costs for the three preceding months, latest respective

weighted average procurement price for the generating station, before the start of

the year.

17.15 Initially the Base value of gross calorific value of fuel oils and gross calorific value

of coal incurred by the Generating Company/ generating Station shall be taken

based on actuals of the weighted average gross calorific value of the three

preceding months and in the absence of weighted average gross calorific value for

the three preceding months, latest weighted average gross calorific value for the

generating station, before the start of the year.

17.16 In its bills, the Generating Company shall separately indicate rate of energy

charges at base price of primary and secondary fuel specified by the Commission

and the fuel price adjustment. No separate Petition needs to be filed with the

Commission for fuel price adjustment.

17.17 Under/Over Recovery on account of limestone/reagent consumption in case of

stations having FGD system shall be trued up annually as per actuals.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

62

Load Despatch &Transmission Charges

17.18 The Generating Company shall be allowed to recover from beneficiaries net

transmission and load despatch charges payable to the Transmission

Licensees(Central Transmission Utility, State Transmission Utility, etc.) and

System Operators (Regional Load Despatch Centre, State Load Despatch Centre,

etc.) for access to and use of the Inter-State transmission system, Intra-State

transmission system and availing load despatch services assuming maximum

normative rebate available from each source for payment of bills on presentation of

bills in accordance with the tariffs approved from time to time by Central

Electricity Regulatory Commission and the appropriate State Commission, as the

case may be.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

63

A 18. Norms of Operation for Hydro Power Generating Station

18.1

The norms of operation for hydro power station shall be as under:

18.2

Normative Annual Plant Availability Factor (NAPAF): The Normative Annual

Plant Availability Factor for hydro generating stations shall be determined by the

Commission as per the following criteria:

a) Storage and pondage type plants with head variation between full reservoir level

(FRL) and Minimum Draw Down Level (MDDL) of up to 8% and where plant

availability is not affected by silt: 90%;

b) Storage and pondage type plants with head variation between full reservoir level

and minimum draw down level of more than 8% and where plant availability is

not affected by silt: Plant-specific allowance to be provided in NAPAF for

reduction in NAPAF and MW output capability as reservoir level falls over the

months. As a general guideline, the allowance on this account in terms of

multiplying factor may be worked out from the projection of annual average of net

head, applying the formula:

= (Average head/Rated head) +0.02

Alternatively, in case of a difficulty in making such projection, the multiplying

factor may be determined as:

= (Head at MDDL/Rated head) x 0.5 + 0.52

c) Pondage type plants where plant availability is significantly affected by silt: 85%;

d) Run of river type plants: NAPAF to be determined plant-wise, based on 10-day

design energy data, moderated by past experience where available/relevant.

18.3

A further allowance may be made by the Commission in NAPAF determination

under special circumstances, e.g., abnormal silt problem or other operating

conditions, and known plant limitations.

18.4

In case of a new hydroelectric project, the developer shall have the option of

approaching the Commission in advance for fixation of NAPAF based on the

principles enumerated in Clause 18.2 and Clause 18.3 of these Regulations.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

64

18.5

In case of Pumped storage hydro generating stations, the quantum of electricity

required for pumping water from down-stream reservoir to up-stream reservoir

shall be arranged by the beneficiaries duly taking into account the transmission and

distribution losses, etc., up to the bus bar of the generating station. In return,

beneficiaries shall be entitled to equivalent energy of 75% of the energy utilized in

pumping the water from the lower elevation reservoir to the higher elevation

reservoir from the generating station during peak hours and the generating station

shall be under obligation to supply such quantum of electricity during peak hours:

Provided that in the event of the beneficiaries failing to supply the desired

level of energy during off-peak hours, there will be pro-rata reduction in their energy

entitlement from the station during peak hours:

18.6

Auxiliary Energy Consumption (AUX): The norms for auxiliary energy

consumption shall be as under:

Sr.no.

Type of Station

Auxiliary Energy Consumption

Installed Capacity

above 200 MW

Installed Capacity

upto 200 MW

1.

Surface

Rotating Excitation

0.7%

0.7%

Static

1.0%

1.2%

2.

Underground

Rotating Excitation

0.9%

0.9%

Static

1.2%

1.3%

18.7

Based on the above, the norms of operation for the hydro generating station already

in operation shall be as follows:

Sikidiri Hydel Power Station:

Parameters

FY 2021-22

FY 2022-23

FY 2023-24

FY 2024-25

FY 2025-26

Normative Annual Plant Availability Factor (%)

75%

75%

75%

75%

75%

Auxiliary Consumption (%)

0.70%

0.70%

0.70%

0.70%

0.70%

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

65

A 19. Methodology for calculation of Capacity Charge & Energy Charge for Hydro

Generating Stations

Computation and Payment of Capacity Charge and Energy Charge for Hydro

Generating Stations:

19.1

The Annual Fixed Cost of a Hydro generating station shall be computed, based on

norms specified under these Regulations, and recovered on monthly basis under

capacity charge (inclusive of incentive) and energy charge, which shall be payable

by the Beneficiaries in proportion to their respective allocation in the saleable

capacity of the generating station, that is to say, in the capacity excluding the free

power to the home State:

Provided that during the period between the date of Commercial Operation of

the first Unit of the generating station and the Date of Commercial Operation of the

generating station, the Annual Fixed Cost shall provisionally be worked out based

on the latest estimate of the completion cost for the generating station, for the

purpose of determining the Capacity Charge and Energy Charge payable during

such period.

19.2

The capacity charge (inclusive of incentive) payable to a hydro generating station

for a calendar month shall be

Capacity Charge (inclusive of incentive)=AFCx0.5xNDM/NDYx(PAFM/NAPAF)

(in Rupees)

Where,

AFC: Annual Fixed Cost specified for the Year, in Rupees;

NAPAF: Normative Plant Availability Factor in percentage;

NDM: Number of Days in the month;

NDY: Number of Days in the Year;

PAFM: Plant Availability Factor achieved during the month, in Percentage:

Provided that the revenue recovered through capacity charges shall not exceed

50% of the Annual Fixed Charges determined.

19.3

The PAFM shall be computed in accordance with the following formula:

N

PAFM=100xΣDCi / {N x IC x (1-Aux)} %

i=1

Where,

Aux: Normative auxiliary energy consumption in percentage;

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

66

DCi: Declared Capacity (in ex-bus MW) for the ithDay of the month, which the station

can deliver for at least three (3) hours, as certified by the State Load Despatch Centre

after the Day is over;

IC: Installed Capacity (in MW) of the complete generating station;

N: Number of Days in the month.

19.4

The Energy Charge shall be payable by every Beneficiary for the total energy

scheduled to be supplied to the Beneficiary, excluding free energy, if any, during the

calendar month, on ex power plant basis, at the computed Energy Charge Rate. Total

Energy Charge payable to the Generating Company for a month shall be:

Energy Charges= (Energy Charge Rate in Rs. / kWh) x {Scheduled Energy (ex-bus) for

the month in kWh} x (100 - FEHS) / 100.

19.5

Energy Charge Rate (ECR) in Rupees per kWh on ex-power plant basis, for a hydro

generating station, shall be determined up to three decimal places based on the

following formula, subject to Clause 19.9 of these Regulations:

ECR = AFC x 0.5 x 10 / {DE x (100 - AUX) x (100 - FEHS)}

Where,

DE: Annual Design Energy specified for the Hydro generating station, in MWh,

subject to the provision in Clause 19.6 of these Regulations;

FEHS: Free Energy for home State, as defined in Clause 22.2 of these Regulations.

19.6

In case the saleable scheduled energy (ex-bus) of a hydro generating station during a

year is less than the saleable design energy (ex-bus) for reasons beyond the control of

the Generating Company, the treatment shall be as per Clause19.7 of these

Regulations, on an application filed by the Generating Company.

19.7

Shortfall in energy charges in comparison to fifty percent of the Annual Fixed Cost

shall be allowed to be recovered in six equal monthly instalments:

Provided that in case actual generation from a hydro generating station is less

than the design energy for a continuous period of four years on account of

hydrologyfactor, the generating station shall approach the Central Electricity

Authority with relevant hydrology data for revision of design energy of the station.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

67

19.8

Any shortfall in the energy charges on account of saleable scheduled energy (ex-

bus) being less than the saleable design energy (ex-bus) during the Financial Year,

which was beyond the control of the generating station and which could not be

recovered during the said Financial Year shall be recovered in accordance with

Clause19.7of these Regulations.

19.9

In case the Energy Charge Rate (ECR) for a Hydro generating station, as computed

in Clause 19.5 of these Regulations, exceeds Rs. 0.80/kWh, and the actual saleable

energy in a Year exceeds {DE x (100 - AUX) x (100 - FEHS) / 10000} MWh, the

Energy charge for the energy in excess of the above shall be billed at Rs. 0.80/kWh

only.

Computation and Payment of Capacity Charge and Energy Charge for Pumped

Storage Hydro Generating Stations:

19.10 The fixed cost of a pumped storage hydro generating station shall be computed on

annual basis, based on norms specified under these Regulations, and recovered on

monthly basis as capacity charge. The capacity charge shall be payable by the

beneficiaries in proportion to their respective allocation in the saleable capacity of

the generating station, i.e., the capacity excluding the free power to the home State.

19.11 The capacity charge payable to a pumped storage hydro generating station for a

calendar month shall be:

(AFC x NDM / NDY) (in Rupees), if actual Generation during the month is >= 75%

of the Pumping Energy consumed by the station during the month and{(AFC x NDM

/ NDY) x (Actual Generation during the month during peak hours/75% of the

Pumping Energy consumed by the station during the month) (in Rupees)}, if actual

Generation during the month is < 75 % of the Pumping Energy consumed by the

station during the month;

Where,

AFC: Annual Fixed Cost specified for the year, in Rupees;

NDM: Number of days in the month;

NDY: Number of days in the year:

Provided that there would be adjustment at the end of the year based on actual

generation and actual pumping energy consumed by the station during the year.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

68

19.12 The energy charge shall be payable by every beneficiary for the total energy

scheduled to be supplied to the beneficiary in excess of the design energy plus 75%

of the energy utilized in pumping the water from the lower elevation reservoir to the

higher elevation reservoir, at a flat rate equal to the average energy charge rate of 20

paise per kWh, excluding free energy, if any, during the calendar month, on ex-

power plant basis.

19.13 Energy charge payable to the Generating Company for a month shall be:

= 0.20 x {Scheduled energy (ex-bus) for the month in kWh – (Design Energy for the

month (DEm) + 75% of the energy utilized in pumping the water from the lower

elevation reservoir to the higher elevation reservoir of the month)} x (1 - FEHS);

Where,

DEm: Design energy for the month specified for the hydro generating station in MWh

FEHS:Free energy for home State, in percentage:

Provided that in case the Scheduled energy in a month is less than the Design

Energy for the month plus 75% of the energy utilized in pumping the water from the

lower elevation reservoir to the higher elevation reservoir of the month, then the

energy charges payable by the beneficiaries shall be zero.

19.14 The Generating Company shall maintain the record of daily inflows of natural water

into the upper elevation reservoir and the reservoir levels of upper elevation reservoir

and lower elevation reservoir on hourly basis. The generator shall be required to

maximize the peak hour supplies with the available water including the natural flow

of water. In case it is established that generator is deliberately or otherwise without

any valid reason, not pumping water from lower elevation reservoir to the higher

elevation during off-peak period or not generating power to its potential or wasting

natural flow of water, the capacity charges of the day shall not be payable by the

beneficiary. For this purpose, outages of the Unit(s)/station including planned

outages and the forced outages up to 15% in a year shall be construed as the valid

reason for not pumping water from lower elevation reservoir to the higher elevation

during off-peak period or not generating power using energy of pumped water or

natural flow of water:

Provided that the total capacity charges recovered during the year shall be

adjusted on pro-rata basis in the following manner in the event total machine outages

in a year exceeds 15%:

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

69

(ACC)adj = (ACC) R x (1- ATO)/0.85

Where,

(ACC)adj – Adjusted Annual Capacity Charges

(ACC) R – Annual Capacity Charges recovered

ATO - Total Outages in percentage for the year including forced and planned outages:

Provided further that the generating station shall be required to declare its

machine availability daily on day ahead basis for all the time blocks of the day in line

with the scheduling procedure of Grid Code.

19.15 The concerned Load Despatch Centre shall finalise the schedules for the hydro

generating stations, in consultation with the Beneficiaries, for optimal utilization of

all the energy declared to be available, which shall be scheduled for all Beneficiaries

in proportion to their respective allocations in the generating station.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

70

CHAPTER-V

SCHEDULING, ACCOUNTING, BILLING AND PAYMENT

A 20. Scheduling

20.1

The methodology for scheduling and dispatch for the generating station shall be as

specified in Grid Code as amended from time to time, as approved by the

Commission.

A 21. Metering and Accounting

21.1

Metering arrangements, including installation, testing and operation and

maintenance of meters and collection, transportation and processing of data

required for accounting of energy exchanges and average frequency on 15-minute

Time Block basis shall be organised by the State Transmission Utility in

consultation with State Load Despatch Centre as per the Grid Code. All concerned

entities (in whose premises the special energy meters are installed), shall fully

cooperate with the State Transmission Utility/State Load Despatch Centre and

extend the necessary assistance by taking weekly meter readings and transmitting

them to the State Load Despatch Centre. The State Load Despatch Centre shall

issue the Accounts for energy on monthly basis as well as UI charges on weekly

basis.

Unscheduled Interchange (UI) Charges

21.2

All variations between actual net injection and scheduled net injection for the

generating stations, and all variations between actual net drawl and scheduled net

drawl for the Beneficiaries shall be treated as their respective Unscheduled

Interchanges (UI), charges for which shall be governed by Jharkhand State

Electricity Regulatory Commission (State Grid Code) Regulations, 2008and

subsequent amendments there of or any relevant Regulations specified by the

Commission from time to time.

A 22. Billing and Payment of Charges

22.1

Bills shall be raised for Capacity Charge and Energy Charge on monthly basis by

the Generating Company in accordance with these Regulations, and payments shall

be made by the Beneficiaries directly to the Generating Company.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

71

22.2

Payment of the Capacity Charge for a thermal generating station shall be shared by

the Beneficiaries of the Generating Station as per their percentage shares for the

month in the installed capacity of the generating station. Payment of capacity

charge and energy charge for a hydro generating station shall be shared by the

Beneficiaries of the generating station in proportion to their shares in the saleable

capacity (to be determined after deducting the capacity corresponding to free

energy to home State as per Note 1 herein).

Note 1:

FEHS - Free Energy for Home State, in per cent shall be taken as 13% (not applicable

for generating stations of the State):

Provided that in cases where the site of a Hydro Project is awarded to a

developer (not being a State controlled or owned Company), by a State Government

by following a two-stage transparent process of bidding, the “Free Energy” shall be

taken as 13%, which shall also include energy corresponding to 100 Units of

electricity to be provided free of cost every month to every Project affected family for

a period of 10 Years from the Date of Commercial Operation of the generating

station.

Late Payment Surcharge

22.3

In case the payment of any bill for charges payable under these Regulations is

delayed by a Beneficiary beyond a period of 60 days from the date of billing a late

payment surcharge shall be levied by the Generating Company at the Bank Rate as

on April 01 of the respective year plus 500 basis points shall be applicable for the

first month and for every month or part thereof delay, the rate of late payment

surcharge shall increase by 50 basis points, subject to a maximum of Bank Rate as

on April 01 of the respective year plus 700 basis point.

Provided that the rate of Late Payment Surcharge shall not exceed the rate

specified in the Power Purchase Agreement entered between the Generating

Company and Distribution Licensee.

Rebate

22.4

For payment of bills of the Generating Company (Capacity Charge and Energy

Charges)within 5 days of presentation of bills by the Generating Company, a rebate

of 2.00% shall be allowed.

Provided that if percentage of Rebate has been agreed between the Generating

Company and Distribution Licensee in its PPA, the same shall be applicable.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

72

Note: In case of computation of 5 days, the number of days shall be counted

consecutively without considering any holiday. However, in case the last day or 5th

day is official holiday, the 5th day for the purpose of Rebate shall be construed as the

immediate succeeding working day (as per the official State Government’s calendar,

where the Office of the Authorized Signatory or Representative of the Beneficiary,

for the purpose of receipt or acknowledgement of Bill is situated).

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

73

CHAPTER -VI

PROCEDURE FOR FILING OF ARR AND TARIFF

A 23. Multi-Year Tariff Filing Procedure

23.1

The Multi Year Tariff filing shall be submitted as per directions by the

Commission in these Regulations and in the manner as per the provisions of

JSERC (Conduct of Business) Regulations, 2016, as amended or replaced from

time to time.

23.2

The Generating Company shall also submit the MYT filing in electronic format to

the Commission.

23.3

The Generating Company shall file the MYT Petition and related documents for

approval for the Control Period in accordance with the MYT framework and the

timelines specified in Section A 39of these Regulations failing which:

a) The Commission may issue the MYT order suo-motu;

b) The Commission may disallow the return on equity to the Generating Company.

Before the Start of the Control Period

23.4

The Generating Company shall file for the Commission’s approval, as per the

Timelines specified in SectionA 39, a Business Plan and MYT Petition in

accordance with Clause 6.5 to Clause 6.10of these Regulations.

Annual Tariff Filings for the Control Period

23.5

The Generating Company shall file a Petition for approval of tariff for each year of

the Control Period, as per the timelines specified in Section A 39of these

Regulations, before the commencement of each year of the Control Period.

A 24. Disposal of Application

24.1

The Commission shall process the filings made by the Generating Company in

accordance with these Regulations and JSERC (Conduct of Business) Regulations,

2016 and its amendments thereof.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

74

24.2

Based on the Generating Company’s filings, objections/suggestions from public

and other stakeholders, the Commission may accept the application with such

modifications and/or such conditions as may be deemed just and appropriate and

issue, within 120 days of the receipt of the Petition and after considering all

suggestions and objections from public and other stakeholders, an order containing,

inter alia, trued up revenue and cost components for the year preceding the Base

Year, estimation of parameters for the Base Year and determination of ARR and

tariff for the Control Period.

A 25. Periodic Reviews

Review during the Control Period

25.1

To ensure smooth implementation of the Multi Year Tariff (MYT) Framework, the

Commission may undertake periodic reviews of Generating Company’s

performance during the Control Period, to address any practical issues, concerns or

unexpected outcomes that may arise.

25.2

The Generating Company shall submit the Annual Performance Review report as

part of annual review on actual performance as per the timelines specified in the

Section A 39of these Regulations to assess the performance vis-à-vis the targets

approved by the Commission at the beginning of the Control Period. This shall

include annual statements of its performance and accounts including

audited/authenticated accounts, norms achieved and the tariff worked out in

accordance with these Regulations.

25.3

The Generating Company shall also submit the True up of ARR and corresponding

tariff adjustments as per the timelines specified in the Section A 39of these

Regulations. The revised estimates shall be required to true-up the costs on account

of uncontrollable variations, profit sharing mechanism for exceeding the targets.

25.4

The Commission may also specify any modifications to the forecast of the

Generating Company for the remainder of the Control Period, with detailed reasons

for the same.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

75

Review at the end of the Control Period

25.5

Towards the end of the Control Period, the Commission shall seek to review

whether the implementation of the principles laid down in these Regulations has

achieved their intended objectives. While doing this, the Commission shall take

into account, among other things, the industry structure, sector requirements,

consumer and other stakeholder expectations and Generating Company’s

requirements at that point in time. Depending on the requirements of the sector to

meet the objective of the Act, the Commission may revise the principles for the

next Control Period.

25.6

The end of the Control Period shall be the beginning of the next Control Period and

the Generating Company shall follow the same procedure unless specified

otherwise by the Commission.

25.7

The Commission shall analyse the performance of the Generating Company with

respect to the targets set out at the beginning of the Control Period and based on

the actual performance, expected efficiency improvements and other factors

prevalent, determine the initial values for the next Control Period.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

76

CHAPTER-VII

MISCELLANEOUS PROVISIONS

A 26. Sharing of Clean Development Mechanism Benefits

26.1

The proceeds of carbon credit from approved Clean Development Mechanism

project shall be shared in the following manner:-

(i) 100% of the gross proceeds on account of CDM to be retained by the project

developer in the first year after the date of commercial operation of the generating

station;

(ii) 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.

A 27. Foreign Exchange Rate Variation

27.1

The Generating Company may hedge foreign exchange exposure in respect of the

interest and repayment of foreign currency loan taken for the generating station, in

part or full at their discretion.

27.2

If the Generating Company enters into hedging arrangement(s) based on its

approved hedging policy, the Generating Company shall communicate to the

beneficiaries concerned, of entering into such arrangement(s) within thirty days.

27.3

Every Generating Company shall recover the cost of hedging of Foreign Exchange

Rate Variation corresponding to the normative foreign debt, in the relevant Year on

Year-to-Year basis as expense in the period in which it arises and extra rupee

liability corresponding to such foreign exchange rate variation shall not be allowed

against the hedged foreign debt.

27.4

To the extent the Generating Company is not able to hedge the foreign exchange

exposure, the extra rupee liability towards interest payment and loan repayment

corresponding to the normative foreign currency loan in the relevant Year shall be

permissible, provided it is not attributable to the Generating Company or its

suppliers or contractors.

27.5

The Generating Company shall recover the cost of hedging and Foreign Exchange

Rate variation on Year-to-Year basis as income or expense in the period in which it

arises.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

77

A 28. Recovery of Application Fee & Publication Expenses and Statutory

Charges

28.1

The Generating Company shall be allowed to recover the Statutory Charges

imposed by the State and Central Government such as electricity duty, water cess

and payment to the pollution control board in addition to Application Filing Fee

and Publication Expenses, subject to prudence check by the Commission. The

Generating Company is required to furnish the details regarding the same along

with the Petition.

A 29. Issue of Orders and Practice Directions

29.1

Subject to the provisions of the Act and these Regulations, the Commission may,

from time to time, issue Orders and Practice Directions in regard to the

implementation of these Regulations and procedure to be followed on various

matters, which the Commission has been empowered by these Regulations to

direct, and matters incidental or ancillary thereto.

29.2

Notwithstanding anything contained in these Regulations, the Commission shall

have the authority, either suo-motu or on a Petition filed by any interested or

affected party, to determine the tariff of any Applicant.

A 30. Non-Compliance of Directions

30.1

State Load Despatch Centre may give such directions and exercise such

supervision and control as may be required for ensuring integrated operation of the

power system for achieving maximum economy and efficiency and every Licensee,

Generating Company, sub-station and any other person connected with the

operation of the power system shall comply with such directions.

30.2

If any Generating Company fails to comply with the directions issued, it shall be

liable to a penalty as per Section 146 of the Electricity Act 2003.

A 31. Dispute Resolution

31.1

In case of dispute, any of the parties may make an application in accordance with

the JSERC (Conduct of Business) Regulations, 2016, as amended from time to

time, including statutory re- enactment thereof, for settlement of the dispute.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

78

A 32. Powerto remove difficulties

32.1

In case of any difficulty in giving effect to any of the provisions of this Regulation,

the Commission may by general or special order, issue appropriate directions to

Generating Company to take suitable action, not being inconsistent with the

provisions of the Act, which appear to the Commission to be necessary or

expedient for the purpose of removing the difficulty.

32.2

The Generating Company may file a Petition before the Commission and seek

suitable orders to remove any difficulties that may arise in implementation of these

Regulations.

A 33. Power of relaxation

33.1

The Commission may in public interest and for reasons to be recorded in writing,

relax any of the provision of these Regulations.

A 34. Interpretation

34.1

If a question arises relating to the interpretation of any provision of these

Regulations, the decision of the Commission shall be final.

A 35. Savings of Inherent Powers of the Commission

35.1

Nothing contained in these Regulations shall limit or otherwise affect the inherent

powers of the Commission from adopting a procedure, which is at variance with

any of the provisions of these Regulations, if the Commission, in view of the

special circumstances of the matter or class of matters and for reasons to be

recorded in writing, deems it necessary or expedient to depart from the procedure

specified in these Regulations.

A 36. Enquiry and Investigation

36.1

All enquiries, investigations and adjudications under these Regulations shall be

done by the Commission through the proceedings in accordance with the

provisions of the JSERC (Conduct of Business) Regulations, 2016, as amended

from time to time.

A 37. Power to amend

37.1

The Commission may from time to time add, vary, alter, suspend, modify, amend

or repeal any provisions of this Regulation.

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

79

A 38. Savings

38.1

Nothing in these Regulations shall be deemed to limit or otherwise affect the

inherent power of the Commission to make such orders as may be necessary to

meet the ends of justice or to prevent abuse of the process of the Commission.

38.2

Nothing in these Regulations shall bar the Commission from adopting in

conformity with the provisions of the Act a procedure, which is at variance with

any of the provisions of these Regulations, if the Commission, in view of the

special circumstances of a matter or class of matters and for reasons to be recorded

in writing, deems it necessary or expedient for dealing with such a matter or class

of matters.

38.3

Nothing in these Regulations shall, expressly or impliedly, bar the Commission

dealing with any matter or exercising any power under the Act for which no

Regulations or Regulations have been framed, and the Commission may deal with

such matters, powers and functions in a manner it thinks fit.

(By order of the Commission)

Rajendra Prasad Nayak

Secretary

Jharkhand State Electricity Regulatory Commission

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

80

A 39. Summary of Timeline

Sl.

No.

Description

Filing of the

Document by

the Generating

Company

Furnishing additional

information as sought by

the Commission

Disposal of the

Application by the

Commission

1.

Business Plan for the Control

Period and MYT Petition for

the Control Period for FY

2021-22

to

FY

2025-26

including Tariff for each year

of the Control Period

November

30,

2020

Within 30 days of filing of

document

Within

120

days

of

acceptance of the filing

2.

True-Up for the previous year,

Annual Performance Review

for the current year and ARR &

Tariff Determination for the

next year of the Control Period

November

30,

of the financial

year for which

APR has been

sought

Within 30 days of filing of

document

Within

120

days

of

acceptance of the filing

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

81

APPENDIX-I: DEPRECIATION SCHEDULE

Asset Description

Straight Line

Depreciation(%)

Land owned under full ownership

0.00

Land held under lease:

For investment in the land

2.67

For cost of clearing the site

2.67

Land for reservoir in case of hydro generating station

2.67

Assets Purchased New:

Plant & Machinery in generating stations

Hydro electric

4.22

Steam electric NHRB & waste heat recovery boilers

4.22

Diesel electric and gas plant

4.22

Cooling towers & circulating water systems

4.22

Hydraulic works forming part of the Hydro-generating stations

Dams, Spillways, Weirs, Canals, Reinforced concrete flumes andsiphons

4.22

Reinforced concrete pipelines and surge tanks, steel pipelines, sluice gates,

steel surge tanks, hydraulic control valves and hydraulic works

4.22

Building & Civil Engineering works

Offices and showrooms

2.67

Containing thermo-electric generating plant

2.67

Containing hydro-electric generating plant

2.67

Temporary erections such as wooden structures

100

Roads other than Kutcha roads

2.67

Others

2.67

Transformers, Kiosk, sub-station equipment & other fixed apparatus

(including plant foundations)

Transformers including foundations having rating of 100 kVA and over

4.22

Others

4.22

Switchgear including cable connections

4.22

Lightning arrestor

Station type

4.22

Pole type

4.22

Synchronous condenser

4.22

Batteries

12.77

Underground cable including joint boxes and disconnected boxes

4.22

Cable duct system

4.22

Jharkhand Gazette (Extraordinary), Thursday, 12th November, 2020

82

Asset Description

Straight Line

Depreciation(%)

Overhead lines including cable support

Lines on fabricated steel operating at terminal voltages higher than 66 kV

4.22

Lines on steel supports operating at terminal voltages higher than 13.2 kV

but not exceeding 66 kV

4.22

Lines on steel on reinforced concrete support

4.22

Lines on treated wood support

4.22

Meters

12.77

Self-propelled vehicles

12.77

Air Conditioning Plants

Static

4.22

Portable

7.60

Furniture and Furnishing

Office furniture and furnishing

6.33

Office equipment

6.33

Internal wiring including fittings and apparatus

6.33

Street Light fittings

6.33

Apparatus let on hire

Other than motors

7.60

Motors

4.22

Communication equipment

Radio and high frequency carrier system

6.33

Telephone lines and telephones

6.33

Fibre Optic

6.33

I.T Equipment and software

15.00

Any other assets not covered above

4.22(or as approved

by the Commission

considering asset life

and residual value)

Printed & Published by the Superintendent of Jharkhand Government Press, Doranda, Ranchi.

Jharkhand Gazette (Extraordinary) 569 -- 50.