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66, 86(1)(e) and 181 of the E
behalf, and after previous p
(hereinafter referred to as
regulations namely:
1.
Short Title and Comm
1.1
These regulations m
(Renewable Purcha
Implementation) Reg
1.2
These regulations sha
Bihar Gazette.
1.3
These Regulations sh
2.
Definitions and Interp
2.1
In these regulations, u
(a)
‘Act’ means th
amendment th
(b)
'Area of Supp
authorized to s
REGISTERED
Bihar Gazett
Bihar Gazett
Bihar Gazett
Bihar Gazett
XTRA ORDINARY
SHED BY AUTHORITY
27 KARTIK (S)
TNA, THURSDAY, 18TH NOVEMBER
CTRICITY REGULATORY COMMISSION
ATORY COMMISSION (RENEWABLE PURCHASE OBLI
C FRAMEWORK IMPLEMENTATION) REGULATIONS,
—————
NOTIFICATION
The 16th November 2010
/10–05–In exercise of powers conferred under
Electricity Act, 2003 and all other powers enab
publication, the Bihar Electricity Regulatory
'BERC' or 'Commission') hereby makes th
mencement
may be called the Bihar Electricity Regulatory
ase Obligation, its Compliance and REC
gulations, 2010.
all come into force from the date of their publi
all extend to the whole of the State of Bihar.
pretation:
unless the context otherwise requires,
he Electricity Act, 2003 (Act No.36 of 2003) an
hereof;
ply' means the area within which the distributio
supply electricity;
NO. PT.-40
tetetete
2010
IGATION, ITS
2010.
r sections 61,
bling it in this
Commission
he following
Commission
Framework
ication in the
nd subsequent
on licensee is
2
BIHAR GAZETTE (EXTRA) 18TH NOVEMBER 2010
(c)
‘Central Agency’ means the agency operating the National Load Dispatch
Centre or such other agency as the Central Commission may designate
from time to time;
(d)
‘Central Commission’ means the Central Electricity Regulatory
Commission referred to in sub section (1) of section 76 of the Act;
(e)
‘Certificate’ means the renewable energy certificate issued by the Central
Agency in accordance with the procedures prescribed by it and under the
provisions specified in the Central Electricity Regulatory Commission
(Terms and Conditions for recognition and issuance of Renewable Energy
Certificate for Renewable Energy Generation) Regulations, 2010;
(f)
‘Commission’ means the Bihar Electricity Regulatory Commission;
(g)
'Distribution Licensee' means a licensee authorized to operate and
maintain a distribution system for supplying electricity to the consumers in
his area of supply;
(h)
‘Floor Price’ means the minimum price as determined by the Commission
in accordance with these regulations at and above which the certificate can
be dealt in the power exchange;
(i)
‘Forbearance Price’ means the ceiling price as determined by the Central
Commission in accordance with the Central Electricity Regulatory
Commission (Terms and Conditions for recognition and issuance of
Renewable energy Certificate for Renewable Energy Generation)
Regulations 2010 as amended from time to time, within which only the
Certificate can be dealt in power exchange;
(j)
‘MNRE’ means the Ministry of New and Renewable Energy; Government
of India;
(k)
‘Obligated Entity’ means the distribution licensee, consumer owning the
captive power plants and open access consumer in the state of Bihar which
is mandated to fulfill renewable purchase obligation under these
Regulations;
(l)
'Person' shall include any company or body corporate or association or
body of individuals, whether incorporate or not, or artificial juridical
person;
(m)
‘Power Exchange’ means any exchange operating as the power exchange
for electricity in terms of the orders issued by the Central Commission;
(n)
‘Preferential Tariff’ means the tariff fixed by the Appropriate Commission
for sale of energy from a generating station based on renewable energy
sources to a distribution licensee;
(o)
'Quantum of Purchase' means percentage share of total purchase of
electricity from renewable energy sources as specified in these
Regulations. The quantum would be the sum of all direct purchases from
generating stations based on renewable energy sources and purchase from
any other licensee, which would arise from renewable energy sources;
(p)
‘Renewable Energy Sources’ means non-conventional, renewable
electricity generating sources such as small/mini/micro/hydel, wind solar,
biomass and bagasse based cogeneration, urban/municipal waste, or such
other sources, (which are generally inexhaustible and can be replenished
in a short period of time) as approved by the Ministry of New and
Renewable Energy, Government of India or by the state of Bihar;
(q)
'State' means the state of Bihar;
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BIHAR GAZETTE (EXTRA), 18TH NOVEMBER 2010
(r)
‘State Agency’ means the agency in the State of Bihar as may be
designated by the Commission to act as the agency for accreditation and
recommending the renewable energy projects for registration and to
undertake functions under these regulations;
(s)
'Supply', in relation to electricity, means the sale of electricity to a licensee
or a consumer;
(t)
‘Year’ means a financial year.
2.2
The words and expressions used and not defined in these regulations but defined
in the Act shall have meanings assigned to them in the Act. Expression used
herein but not specifically defined in these Regulations or in the Act but defined
in any other regulations issued by the Bihar Electricity Regulatory Commission
shall have the same meaning assigned to them.
3.
Applicability of Renewable Purchase Obligation
3.1
These regulations shall be applicable to :
(i)
Distribution licensee
(ii)
Any other person consuming electricity (a) generated from conventional
Captive Generating Plant having capacity of 5MW and above for his own
use and or (b) procured from conventional generation through open access
and third party sale.
4.
Renewable Purchase Obligation
4.1
Every obligated entity shall purchase not less than 1.5%, 2.5%, 4%, 4.5% and 5%
of its total energy consumption (total energy input minus T&D losses) during
2010-11, 2011-12, 2012-13, 2013-14 and 2014-15 respectively from renewable
energy sources under the Renewable Purchase Obligation or until reviewed by the
Commission.
Provided that 0.25% out of the renewable purchase obligation so specified
in the year 2010-11 shall be procured from generation based on solar as
renewable energy source and shall be increased at a rate of 0.25% every year
thereafter till 2014-15 or until reviewed by the Commission.
Provided further, such obligation to purchase renewable energy shall be
inclusive of the purchases, if any, from renewable energy sources already being
made by concerned obligated entity.
Provided also that the power purchases under the power purchase
agreements for the purchase of renewable energy sources already entered into by
the distribution licensees and consented to by the Commission shall continue to be
made till their present validity, even if the total purchases under such agreements
exceed the percentage as specified hereinabove.
4.2
The Licensee shall generally source the mandatory percentage purchase from
renewable sources within the State. If, however, they are not able to meet the
purchase obligation from such sources located in the State, they shall have the
option of purchase, the shortfall from outside the State. The energy generated
from renewable sources in the State which is used by generator itself or sold to
third party under open access, the same will be considered under the mandatory
minimum percentage of power purchase.
4.3
The Licensee or its successor entities shall submit half yearly progress report on
the capacity addition, purchase of electricity from such projects and the energy
generated from renewable sources in the State which is used by generator itself or
sold to third party under open access to the Commission and also post them on
their website.
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BIHAR GAZETTE (EXTRA) 18TH NOVEMBER 2010
4.4
The Commission may, suo-motu or at the request of licensee, revise the
percentage targets for a year as per clause 4.1 of these Regulations keeping in
view supply constraints or other factors beyond the control of the licensee.
5.
Certificates under the Regulations of the Central Commission
5.1
Subject to the terms and conditions contained in these regulations the Certificates
issued under the Central Electricity Regulatory Commission (Terms and
Conditions for recognition and issuance of Renewable Energy Certificate for
Renewable Energy Generation) Regulations, 2010 shall be the valid instruments
for the discharge of the mandatory obligations set out in these regulations for the
obligated entities to purchase electricity from renewable energy sources.
Provided that in the event of the obligated entity fulfilling the renewable
purchase obligation by purchase of certificates, the obligation to purchase
electricity from generation based on renewable energy other than solar sources
can be fulfilled by purchase of non-solar certificates and the obligation to
purchase electricity from generation based on solar as renewable energy sources
can be fulfilled by purchase of solar certificates only. If solar certificates are not
available in a particular year, then in such cases, additional non-solar certificate
shall be purchased for fulfillment of the Renewable Purchase Obligation (RPO).
5.2
Subject to such direction as the Commission may give from time to time, the
obligated entity shall act consistent with the Central Electricity Regulatory
Commission (Terms and Conditions for recognition and issuance of Renewable
Energy Certificate for Renewable Energy Generation) Regulations, 2010 notified
by the Central Commission in regard to the procurement of the certificates for
fulfillment of the Renewable Purchase Obligation under these regulations.
5.3
The Certificates purchased by the obligated entities from the power exchange in
terms of the regulation of the Central Commission mentioned in clause (5.1) of
this Regulation shall be deposited by the obligated entities to the Commission
within a month of the purchase of the certificate.
6.
State Agency
6.1
The Commission shall designate an agency as the State Agency for accreditation
and recommending the renewable energy projects for registration and to
undertake functions under these regulations.
6.2
The State Agency shall function in accordance with the directions issued by the
Commission and shall act in consistent with the procedures/rules laid by Central
Agency for discharge of its functions under the Central Electricity Regulatory
Commission (Terms and Conditions for recognition and issuance of Renewable
Energy Certificate for Renewable Energy Generation) Regulations, 2010.
6.3
The State Agency shall submit quarterly status to the Commission in respect of
compliance of renewable purchase obligation by the obligated entities in the
format as stipulated by the Commission and may suggest appropriate action to the
Commission if required for compliance of the renewable purchase obligation.
6.4
If the Commission is satisfied that the State Agency is not able to discharge its
functions satisfactorily, it may by general or special order, and by recording
reasons in writing, designate any other agency to function as State Agency as it
considers appropriate.
7.
Distribution Licensee
7.1
Each distribution licensee shall indicate, along with sufficient proof thereof, the
estimated quantum of purchase from renewable energy sources for the ensuing
year in tariff/annual performance review petition in accordance with Regulations
5
BIHAR GAZETTE (EXTRA), 18TH NOVEMBER 2010
notified by the Commission. The estimated quantum of purchase shall be in
accordance with clause 4.1 of these Regulations. If the distribution licensee is
unable to fulfill the obligation, the shortfall of the specified quantum of that year
would be added to the specified quantum for the next year. However, credit for
excess purchase from renewable energy sources would not be adjusted in the
ensuing year.
7.2
Despite availability of renewable energy sources, if distribution licensee fails to
fulfill the minimum quantum of purchase from renewable energy sources, it shall
be liable to pay compensation as per clause 9 of these Regulations.
8.
Captive and Open Access User(s) / Consumer(s)
8.1
The quantum of RPO mentioned in clause 4.1 shall be applicable to captive and
open access user(s) / consumer(s) also.
8.2
Every Captive and Open access consumer(s) / user(s) shall have to submit
necessary details regarding total consumption of electricity and purchase of
energy from renewable sources for fulfillment of RPO on yearly basis on or
before 30th April to the State Agency.
8.3
Captive and Open Access Consumer(s) / User(s) shall purchase renewable energy
as stated in clause 4.1 of these Regulations. If the Captive user(s) and Open
Access consumer(s) are unable to fulfill the criteria as specified in clause 7.2 of
these Regulations the shortfall of the targeted quantum would attract payment of
regulatory charge as pre clause 9.
8.4
Captive / Open Access consumer(s) / User(s) may fulfill its RPO through the
renewable energy certificate as provided in clause 5 above.
9.
Effect of Default
9.1
If an obligated entities does not fulfill the renewable purchase obligation as
provided in these regulations during any year and also does not purchase the
certificates, the Commission may direct the obligated entity to deposit into a
separate fund, to be created and maintained by such obligated entity, such amount
as the Commission may determine on the basis of the shortfall in units of RPO
and the forbearance price decided by the Central Commission:
Provided that the fund so created shall be utilized as may be directed by
the Commission, partly for purchase of the certificates and partly for development
of transmission/sub-transmission infrastructure for evacuation of power from
generating stations based on renewable energy sources.
Provided further that the obligated entities shall not be authorized to use
the fund created in pursuance of the above, without prior approval of the
Commission.
Provided further that the Commission may empower an officer of the State
Agency to procure from the Power Exchange the required number of certificates
to the extent of the shortfall in the fulfillment of the obligations, out of the amount
in the fund.
Provided further also that if the obligated entities fails to deposit the
amount directed by the Commission within 15 days of the communication of such
direction, the obligated entities shall be in breach of its licence condition.
9.2
Where any obligated entity fails to comply with the obligation to purchase the
required percentage of power from renewable energy sources or the renewable
energy certificates, it shall also be liable for penalty as may be decided by the
Commission under section 142 of the Act.
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BIHAR GAZETTE (EXTRA) 18TH NOVEMBER 2010
Provided that in case of genuine difficulty in complying with the
renewable purchase obligation because of non availability of power in the State,
the obligated entity can approach the Commission for carry forward of
compliance requirement to the next year.
Provided further that where the Commission has consented to carry
forward of compliance requirement, the provision of clause (9.1) of the
Regulation or the provision of section 142 of the Act shall not be invoked.
10.
Appointment of Compliance Auditors & Monitoring Committee
10.1
The Commission may appoint from time to time Compliance Auditors to inquire
into and report on compliance of these Regulations. The Auditor shall also certify
the fund operated by the State Agency and created under Regulation (9.1) of these
Regulations.
10.2
The Commission may appoint Monitoring Committee to ensure compliance of
these regulations from time to time.
11.
Overriding Effect
Notwithstanding anything contained contrary to -
(a)
the BERC (Terms and Conditions for Determination of Tariff)
Regulations, 2007; and
(b)
the BERC (Terms and Conditions for Open Access) Regulations. 2006;
and
(c)
the order dated 21st May, 2009 and review order dated 29th June, 2010 in
respect of Determination of Tariff for Bagasse based Cogen Plants and
Biomass Power Plants, the terms and conditions stated therein.
(d)
the BERC (Terms and Conditions for Tariff Determination from Solar
Energy Sources) Regulations 2010 and any other relevant regulations.
notified by the Commission under section 181 of the Electricity Act 2003; these
regulations will have overriding effect.
12.
Power to Remove Difficulties
If any difficulty arises in giving effect to any of the provisions of these
regulations, the Commission may, either suo motu or on an application made to it,
by general or special order, direct the licensee/ generator or any other person to
take suitable action, not being inconsistent with the Act, which appears to the
7
BIHAR GAZETTE (EXTRA), 18TH NOVEMBER 2010
Commission to be necessary or expedient for the purpose of removing the
difficulty.
13.
Issue of Orders and Directions
Subject to the provisions of the Act and these regulations, the Commission may,
from time to time, issue orders and practice directions with regard to the
implementation of these regulations and procedure to be followed for such
implementation and matters incidental or ancillary thereto.
14.
Saving of Inherent Powers of the Commission
Nothing contained in these Regulations shall limit or otherwise affect the inherent
powers of the Commission to adopt 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.
15.
Power to Amend
The Commission may from time to time add, vary, alter, suspend, modify, amend
or repeal any provision of these regulations.
By the order of the Commission,
Sd./- Illegible,
Secretary.
————
PUBLISHED AND PRINTED BY THE SUPERINTENDENT,
BIHAR SECRETARIAT PRESS, PATNA.
Bihar Gazette (Extra) 753—571+400—D.T.P.
Website: http://egazette.bih.nic.in