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Presentation
on
Power Procurement
Under
Competitive Bidding guidelines
2nd Slide
Section-61 and Section-62 of the Electricity Act-2003 stipulates for Tariff regulation and
determination of Tariff of Generation, Transmission, wheeling and retail sale of
electricity by the Appropriate commission.
Section-63 of Electricity Act states that Notwithstanding anything contained in Section62, the appropriate commission shall adopt the tariff if such tariff has been determined
through transparent process of bidding in accordance with the guidelines issued by the
central government.
Competitive Bidding Guidelines have been issued on 19 th January2005 by Ministry of
Power as per Section-63 of Electricity Act.
3rd Slide
Objective of the Guidelines
1.
2.
3.
4.
5.
6.
4th Slide
2.
Medium term procurement for a period of upto 7 years but exceeding 1 year.
5th Slide
Types of competitive Bidding
1.
Case-1 Bidding: Where the location, technology, or fuel is not specified by the
procurer
2.
Case-2 Bidding: For hydro-power projects, load center projects or other location
specific projects with specific fuel allocation such as captive mines available,
which the procurer intends to set up under tariff based bidding process.
Approval of the Appropriate Commission shall be sought in event of the deviations from
the bidding conditions contained in these guidelines
6th Slide
Approval required before issue of Enquiry?
Approval of the Appropriate Commission shall be sought prior to initiating the bidding
process in respect of the following aspects:
For the quantum of capacity / energy to be procured, in case the same is exceeding the
projected additional demand forecast for next three years following the year of expected
commencement of supply proposed to be procured. Such demand forecast shall be based
on the latest available (at the time of issue of RFQ) Electric Power Survey published by
Central Electricity Authority. (Both for Case 1 and Case 2).
For the transfer price of fuel, in case of fuel specific procurement enquiry, if such price
has not been determined by government, government approved mechanism or a fuel
regulator (under Case 2).
7th Slide
Pre Requisites for Case-1 Bidding by BIDDER
a.
The Networth of the bidder shall be equal to or greater than the value calculated
@Rs0.50Cr/MW of capacity offered by the bidder based on any of the last 3
financial years immediately preceding bid deadline.
b.
Other requirements:
1.
2.
Fuel:
Domestic coal: Bidder shall have made firm arrangements for fuel tie up either by
way of mine allocation or fuel linkage for the total installed capacity for the term
of the PPA.
Imported coal: Bidder shall have either acquired mines having proven reserves for
at least fifty percent (50%) of the quantity of coal required to generate power from
the power station for the total installed capacity OR shall have fuel supply
agreement for at least fifty percent (50%) of the quantity of fuel required for a
term of at least five (5) years or the term of the PPA (which ever is less) to
generate power from the generation source for the total installed capacity for the
term of the PPA.
In case of domestic gas, the Bidder shall have made firm arrangements for fuel tie
up by way of long term fuel supply agreement for the quantity of fuel required to
generate power from the generation source for the total installed capacity for the
term of the PPA.
In case of RLNG, the Bidder shall have made firm arrangements for fuel tie up by
way of fuel supply agreement for at least fifty percent (50%) of the quantity of
fuel required for a term of at least five (5) years or the term of the PPA (which
ever is less) to generate power from the generation source for the total installed
capacity for the term of the PPA.
3.
Water: The Bidder shall have acquired approval from the concerned state
irrigation department or any other relevant authority for the quantity of water
required for the power station.
4.
5.
Forest Clearance: (if applicable) The Bidder shall have submitted the requisite
proposal, for the forest clearance, to the concerned administrative authority
responsible for according final approval in the central / state govt., as the case
may be.
8th Slide
Pre Requisites for Case-2 Bidding by PROCURER
1.
2.
3.
4.
Fuel Arrangements:
If fuel linkage or captive coal mine(s) are to be provided, the same should be
available before the publication of RFQ. In case, bidders are required to arrange
fuel, the same should be clearly specified in the RFQ.
5.
6.
9th Slide
Bidding Process
Two stage process involving RFQ and RFP stages in case of Long term
procurement of power under Case-2 bidding.
Either Single stage (combining both RFQ & RFP) or Two stage process in case of
Long term or Medium term procurement of power as per the choice of procurer in
case of Case-1 bidding.
In Case-1 bidding, the bidder shall quote the price of Electricity at the
Interconnection point i.e where the transmission lines of the generating station
connect to Inter/Intra state transmission network.
Tariffs shall be compared at the Delivery point i.e interface between STU
network with procurers transmission lines.
Transmission charges upto the Injection point ( shall mean either the CTU
interface or the Delivery point) shall be borne by bidder.
10th Slide
Information to be provided by Procurer at RFQ stage
Period of contract (project life considered as 15 years for gas/liquid fuel based
plants, 25 years for coal based plants and 35 years for Hydro plants)
Delivery point
11th Slide
Information to be provided by Procurer at RFP stage
Adequate Bid guarantee amount to be called for to eliminate non serious bids.
12th Slide
Bid submission, Evaluation and Time Table
Issue of RFQ/RFP
by 100th Day
by 120th Day.
Zero date
Issue of RFQ
Zero date
(Land: Section-4 notification should have been issued
Rapid EIA report for power station should be avaialble
Fuel linkage or allocation of coal mines or fuel supply agreement should be
available
Water linkage approval should be available)
Issue of RFP
by 75th day
(Land: Section-6 notification should have been issued
Proposal for final environmental clearance should have been submitted
Proposal for Forest clearance should have been submitted,
Hydrological, Geological, Meteorological, Seismological data should be
available for preparation of DPR)
225th day.
240th Day
270th Day.
by 45th day
13th Slide
Bid Bond
The bid bond shall be submitted alongwith RFP documents for the stipulated
amount in RFP.
Bid bond shall be valid 30 days beyond the bid validity period.
14th Slide
Contract Performance Guarantee (CPG) and Liquidated Damages (LD)
The successful bidder or the lead member of consortium shall furnish a contract
performance guarantee for the value calculated @Rs30 lacs/MW of contracted
capacity within 30 days of issue of LOI.
In case of any of conditions specified have not been fulfilled by the Seller within
3 months (for Long term procurement) or within 1 month (for medium term
procurement) after the time specified, then, from the expiry of the period to until
the fulfillment of the conditions specified, the seller shall, on weekely basis,
furnish additional CPG of ------- (as agreed during RFP stage, but not less than
Rs.1.5Lacs/MW of contracted capacity valid till the scheduled delivery period.
However, upon satisfactory fulfillment of all the conditions, the additional CPGs
shall be returned by procurer.
In case Seller or procurer is not able to fulfill the conditions specified due to
force majeure conditions, the time period can be extended for a maximum
period of 10 months (for long term procurement) or 2 months (for medium term
procurement)
In case the procurer fails to comply with the conditions specified within the time
period specified, due to reasons other than force majeure/attributable to seller, the
time period shall be extended by a maximum period of 3 months. Thereafter seller
can terminate the agreement.
15th Slide
Condition to be satisfied by Seller subsequent to signing of PPA
in case of
Long Term Procurement of Power
The Seller shall perform following activities within 10 months (Procurer should stipulate
a minimum period of 10 months)
Seller should have executed a fuel supply agreement and shall provide a copy to
procurer
Seller should have obtained necessary permissions for long term open access and
shall have executed all necessary agreements for transmission of power from
station busbars upto the injection point.
Seller should have obtained necessary permissions for long term open access and
shall have executed all necessary agreements for transmission of power from
Injection point to the delivery point if seller is responsible for the same.
Seller should have acquired and taken possession of the complete land.
Seller shall have awarded the EPC contract or main plant contract for BTG and
shall have given a irrevocable NTP to the contractor.
The seller shall have obtained all clearances, consents, permits required for supply
of power.
The seller shall have sent a written notice to the procurers indicating contracted
capacity and installed capacity for each unit and for the whole power station.
The seller shall have achieved Financial closure and has provided a certificate
from the lead banker
The seller shall have provided a irrevocable letter to the lenders duly accepting
and acknowledging the rights provided to the Lenders under the terms of PPA and
RFP documents.
16th Slide
Condition to be satisfied by Seller subsequent to signing of PPA
in case of
Medium Term Procurement of Power
The Seller shall perform following activities within ------- months (as agreed during RFP
stage)
Seller should have executed a fuel supply agreement and shall provide a copy to
procurer
Seller should have obtained necessary permissions for medium term open access
and shall have executed all necessary agreements for transmission of power from
station busbars upto the injection point.
Seller should have obtained necessary permissions for medium term open access
and shall have executed all necessary agreements for transmission of power from
Injection point to the delivery point if seller is responsible for the same.
The seller shall have obtained all clearances, consents, permits required for supply
of power.
The seller shall have sent a written notice to the procurers indicating contracted
capacity and installed capacity for each unit and for the whole power station.
17th Slide
Condition to be satisfied by Procurer subsequent to signing of PPA
in case of
Long Term or Medium Term Procurement of Power
The Procurer shall perform following activities within ------- months (as agreed during
RFP stage)
Procurer should have obtained necessary permissions for long term or medium
term open access and shall have executed all necessary agreements for
transmission of power from injection point to delivery point if Procurer is
responsible for the same.
Procurer should have obtained necessary permissions for Long term or medium
term open access and shall have executed all necessary agreements for
transmission of power from Power station switchyard to the delivery point if the
power station is located within the state of the procurer and STU network is to be
used.
The procurer shall have obtained the order of the commission in the state in which
procurer is located for adoption of Tariff under Section-63 of Electricity act 2003.
18th Slide
Supply of Power
Unless otherwise instructed, the seller shall sell all the available capacity upto the
Contracted capacity to the procurer pursuant to the dispatch instructions given by
procurer.
If the procurer does not avail the contracted capacity, the seller is entitled to sell
such capacity to any person without loosing his right to receive Capacity charges
from procurer for such unutilized capacity.
The sale realizations in excess of energy charges shall be equally shared by Seller
and Procurer. During this period, the Seller continues to receive the capacity
charges from procurer.
The seller shall recommence supply to Procurer within 2 hrs of from receipt of
notice for such unutilized part of contracted capacity.
During the operating period, if the Seller is not able to provide contracted capacity
from the power station, the Seller can supply from an alternative generation
source at same terms and conditions and all additional charges related to
transmission shall be borne by Seller.
In case seller is not able to perform due to force majeure conditions affecting the
Procurer or Seller or under Procurers event of default, the scheduled delivery
dates can be extended by not more than 12 months (for long term procurement) or
2 months (for medium term procurement) or the date on which seller elects to
terminate whichever is later.
19th Slide
Liquidated damages to be paid by Seller in case of delay in supply
If the Seller fails to commence the supply of power or fails to achieve required
availability, the seller shall pay LD as follows:
Contracted capacity
no. of days of delay from the scheduled delivery date
Rs10,000/MW/day
Rs.15,000/MW/day
The Sellerss maximum liability under LD clause is upto 12 months (for long term
procurement) or 2 months (for medium term procurement).
The seller shall further pay liquidity damages payable by Procurer to CTU / STU
as per the transmission agreements entered by Procurer if any and such LDs shall
not be more than 20% of the LD computed above.
20th Slide
Liquidated damages to be paid by Procurer in case of default by Procurer
Or
in case of Force majeure conditions affecting the Procurer
If the Seller is ready to commence supply of power & has given a due notice but
is not able supply due to Procurers event of default or due to force majeure
Procurer shall make pay the capacity charges for the full contracted
capacity if the delay is due to Procurers event of default.
Payments by Procurer to Seller in both the above cases shall be in the form
of increase in capacity charges after commencement of power supply
provided that such increase in capacity charges shall be determined by
appropriate commission.
21st Slide
Transmission Losses
22nd Slide
Energy Charges & Capacity Charges