THE
JHARKHAND GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
12 KARTIK 1945 (S)
No. 654
RANCHI, FRIDAY 3RD NOVEMBER, 2023
JHARKHAND STATE ELECTRICITY REGULATORY COMMISSION -------- NOTIFICATION 31st October, 2023
Jharkhand State Electricity Regulatory Commission (Terms and Conditions for
Determination of Generation Tariff) (First Amendment) Regulations, 2023
Notification No. 92--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 amendmentsin the Jharkhand State Electricity Regulatory Commission (Terms and Conditions for Determination of Generation Tariff) Regulations, 2020 (hereinafter referred to as the 'Principal Regulations')Jharkhand Gazette (Extraordinary), Friday, 3rd November, 2023 2
CHAPTER-I:
SCOPE, EXTENT AND DEFINITIONS
1. Short Title and Commencement
1.1. These Regulations may be called the Jharkhand State Electricity Regulatory Commission (Terms and Conditions for Determination of Generation Tariff) (First Amendment) Regulations, 2023.
1.2. These Regulations shall come into force from the date of notification of these Regulation in the official Gazette of Government of Jharkhand.
1.3. These Regulations shall be applicable for 3rd control period (i.e., April 01, 2021 to March 31, 2026)except amendment in clause no. 22.3, and clause no. 22.4 of the Principal regulation which shall be applicable from the date of notification of these regulation in official Gazette unless reviewed earlier or extended by the Commission and shall remain in force upto March 31, 2026.
1.4. These Regulations shall extend to the State of Jharkhand.
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 tariffbased 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;
3. Amendment to Clause 3.1 (6)
3.1. In the Principal Regulations Clause 3.1 (6) shall be substituted as follows:
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:
Provided that auxiliary energy consumption shall not include energy consumed for supply of power to housing colony and other facilities atJharkhand Gazette (Extraordinary), Friday, 3rd November, 2023 3 the generating station and the power consumed for construction works at the generating station and integrated coal mine:
Provided further that auxiliary energy consumption for compliance of revised emission standards,sewage treatment plant and external coal handling plant (jetty and associated infrastructure) shall be considered separately;
4. Insertion of Clauses 3.1 (68 to 75)
4.1. In the Principal Regulations, a new Clauses 3.1 (68 to 75) shall be inserted as follows:
68. 'Fuel Supply Agreement'shall mean the agreement executed between the generating company and the fuel supplier for generation and supply of electricity to the beneficiaries;
69. 'kCal'shall mean a unit of heat energy contents in mineral, measured in one kilo calories or one thousand calories of heat produced at any instantaneous period;
70. 'Kilowatt-Hour' or 'kWh'shall mean a unit of electrical energy, measured in one kilowatt or one thousand watts of power produced or consumed over a period of one hour;
71. 'Landed Fuel Cost'shall mean the total cost of coal (including biomass in case of co-firing), lignite or the gas delivered at the unloading point of the generating station and shall include the base price or input price, washery charges wherever applicable, transportation cost (overseas or inland or both) and handling cost, charges for third party sampling and applicable statutory charges;
72. 'New Project'shall mean the generating station or unit thereof achieving its commercial operation on or after April 01, 2021;
73. 'Quarter'shall mean the period of three months commencing on the first day of April, July, October and January of each financial year in case of existing project, and in case of a new project, in respect of the first quarter, from the date of commercial operation to the last day of June, September, December or March, as the case may be;
74. 'Thermal Generating Station'shall mean a generating station or a unit thereof that generates electricity using fossil fuels such as coal, lignite, gas, liquid fuel or combination of these as its primary source of energy or co-firing of biomass with coal;
75. 'Unloading Point'shall mean the point within the premises of the coal or lignite based thermal generating station where the coal or lignite is unloaded from the rake or truck or any other mode of transport;
Jharkhand Gazette (Extraordinary), Friday, 3rd November, 2023 45. Insertion of New Proviso to Clause 6.14
5.1. In the Principal Regulations a new Proviso to Clause 6.14 shall be inserted as follows:
Provided that for generating stations that have signed coal linkage agreement through Shakti Scheme, sharing of gains in the ratio of 75:25 between the generating stations and beneficiaries shall be applicable due to variation in normative controllable operational parameters.
6. Amendment to Clause 15.10
6.1. In the Principal Regulations Clause 15.10 shall be substituted as follows:
The return on equity shall be computed on post-tax basis at the base rate of 14.50% for thermal generating stations, and run of the river hydro generating station, and at the base rate of 15.50% for the storage type hydro generating stations including pumped storage hydro generating stations and run of river generating station with pondage for generating stations whose Date of Commercial Operation is after April 01, 2021:
The return on equity shall be computed on post-tax basis at the base rate of 15.00% for thermal generating stations, and run of the river hydro generating station, and at the base rate of 16.00% for the storage type hydro generating stations including pumped storage hydro generating stations and run of river generating station with pondage for generating stations whose Date of Commercial Operation is before April 01, 2021:
All existing Provisos shall remain in force
7. Amendment to First Proviso of Clause 15.23
7.1. In the Principal Regulations the First Proviso of Clause 15.23 shall be substituted as follows:
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'less 85 kCal/Kg on account of variation during storage at generating station as per actual weighted average for three months preceding the first month for which tariff is to be determined:
8. Amendment to Clause 15.32
8.1. In the Principal Regulations Clause 15.32 shall be substituted as follows:
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 other than land held under lease and the land for reservoir in case of hydro generating station shall not be considered a depreciable asset and its cost shall be excluded while computing the depreciable value of the asset.Land is not aJharkhand Gazette (Extraordinary), Friday, 3rd November, 2023 5 depreciable asset and its cost shall be excluded while computing 90% of the original cost of the asset:
All existing Provisos shall remain in force
9. Amendment to Clause 15.46
9.1. In the Principal Regulations Clause 15.46 shall be substituted as follows:
15.46. The Water Charges, Security Expenses and Capital Spares 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 prudent check. The details regarding the same shall be furnished along with the Petition.
Provided that the generating station shall submit the details of year wise actual capital spares consumed at the time of truing up with appropriate justification for incurring the same and substantiating that the same is not funded through special allowance as per Clause 14.11 and 14.12 of the Regulation or claimed as a part of additional capitalisation or consumption of stores and spares and renovation and modernization.
10. Amendment to Clause 16.1
10.1. In the Principal Regulations Clause 16.1 shall be substituted as follows:
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:
| Parameters | UoM | FY 21-22 | FY 22-23 | FY 23-24 | FY 24-25 | FY 25-26 |
| Normative Annual Plant Availability Factor | % | 85.00 | 85.00 | 85.00 | 85.00 | 85.00 |
| Normative Annual Plant Load Factor | % | 85.00 | 85.00 | 85.00 | 85.00 | 85.00 |
| Gross Station Heat Rate | kCal/kWh | 2387.00 | 2387.00 | 2387.00 | 2387.00 | 2387.00 |
| 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 |
| Normative Annual Plant Availability Factor | % | 82.50 | 82.50 | 82.50 | 82.50 | 82.50 |
| Normative Annual Plant Load Factor | % | 82.50 | 82.50 | 82.50 | 82.50 | 82.50 |
| Gross Station Heat Rate | kCal/kWh | 2902.00 | 2902.00 | 2902.00 | 2902.00 | 2902.00 |
| Auxiliary Consumption | % | 10.50 | 10.50 | 10.50 | 10.50 | 10.50 |
| Secondary Fuel Oil Consumption | ml/kWh | 1.00 | 1.00 | 1.00 | 1.00 | 1.00 |
| Gross Station Heat Rate | kCal/kWh | 2567.00 | 2567.00 | 2567.00 | 2567.00 | 2567.00 |
| Auxiliary Consumption | % | 10.00 | 10.00 | 10.00 | 10.00 | 10.00 |
| Secondary Fuel Oil Consumption | ml/kWh | 0.5 | 0.5 | 0.5 | 0.5 | 0.5 |
| Gross Station Heat Rate | kCal/kWh | 2577.00 | 2577.00 | 2577.00 | 2577.00 | 2577.00 |
| Auxiliary Consumption | % | 10.00 | 10.00 | 10.00 | 10.00 | 10.00 |
| Secondary Fuel Oil Consumption | ml/kWh | 0.5 | 0.5 | 0.5 | 0.5 | 0.5 |
| Gross Station Heat Rate | kCal/kWh | 2547.00 | 2547.00 | 2547.00 | 2547.00 | 2547.00 |
| 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 |
| Gross Station Heat Rate | kCal/kWh | 2547.00 | 2547.00 | 2547.00 | 2547.00 | 2547.00 |
| 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 |
All existing Provisos shall remain in force
11. Amendment to Definition of CVPF (a) under Clause 17.8
11.1. In the Principal Regulations the Definition of CVPF (a) under Clause 17.8 shall be substituted as follows:
CVPF: (a)Weighted Average Gross calorific value of coal as received, in kcal per kg for coal based stations less 85 kCal/Kg on account of variation during storage at generating station;
12. Amendment to Clause 22.3
12.1. In the Principal Regulations Clause 22.3 shall be substituted as follows:
22.3. In case the payment of any bill for charges payable under these Regulations is delayed by a Beneficiary beyond a period of 45 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 350 basis points.
13. Amendment to Clause 22.4
13.1. In the Principal Regulations Clause 22.4 shall be substituted as follows:
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 1.50% shall be allowed.
Note 1: 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 5thday 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).
Note 2: As per example if a bill is issued on the 1st day of any month, the 5 days will be counted from the 2nd day of the month, i.e. the 6th day of the month will be the end date for availing the rebate.
By Order of the Commission.
Rajendra Prasad Nayak, Secretary
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Printed & Published by the Superintendent of Jharkhand Government Press, Doranda, Ranchi. Jharkhand Gazette (Extraordinary) 654 -- 50.