Delhi Electricity Regulatory Commission (Terms and Conditions for Determination of Generation Tariff) Regulations, 2011
No. F. 3(290)/Tariff/DERC/2011-12/C.F.3180.--The Commission having deliberated on the draft Delhi Electricity Regulatory Commission (Terms and Conditions for Determination of Generation Tariff) Regulations 2011 and after having considered the responses received from various stakeholders and in exercise of powers vested under the Electricity Act, 2003, hereby approves the Delhi Electricity Regulatory Commission (Terms & Conditions for Determination of Generation Tariff) Regulations. 2011.
A1: SHORT TITLE, COMMENCEMENT AND EXTENT
1 These Regulations shall be called "Delhi Electricity Regulatory Commission (Terms and Conditions for Determination of Generation Tariff) Regulations, 2011".
2 These Regulations shall extend to the whole of National Capital Territory of Delhi.
3 These Regulations shall come into force on April 1. 2012 and unless reviewed earlier or extended by the Commission shall remain in force for a period of three year from the date of commencement.
4 Provided that where a Project, or a part 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 Delhi Electricity Regulatory Commission till that date, tariff in respect of such Project or such part thereof, as the case may be for the period ending 31.3.2012 shall be determined in accordance with the Delhi Electricity Regulatory Commission (Terms and Conditions for Determination of Generation Tariff) Regulations, 2007.
A2: DEFINITIONS AND INTERPRETATION
1 In these Regulations, unless the context otherwise requires-
(i) '"Act" means the Electricity Act. 2003 (36 of 2003). including amendments thereto;
(ii) "Additional Capitalisation" means the capital expenditure incurred or projected to be incurred, after the date of commercial operation of the project and admitted by the Commission after prudence check, subject to provisions of clause A6:8, A6: 10 of these Regulations;
(iii) "Applicant" means a generating company who has made an application for determination of tariff or an application for annual performance review in accordance with the Act and these Regulations and includes a generating company whose tariff is the subject of a review by the Commission either suo motu or on a petition filed by any interested or affected person or as part of an annual performance review;
(iv) "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, 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;
(v) "Auditor" means an auditor appointed by the generating company in accordance with the provisions of sections 224, 233B and 619 of the Companies Act, 1956 (1 of 1956), or any other law for the time being in force;
(vi) "Base Year" means the Financial Year immediately preceding the first year of the Control Period, and used for the purposes of these Regulations;
(vii) "Beneficiary" in relation to a generating station means the person purchasing electricity generated at such a generating station whose tariff is determined under these Regulations;
(viii) "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;
(ix) "CERC" means the Central Electricity Regulatory Commission;
(x) "Change in Law" means occurrence of any of the following events:
(i) the enactment, bringing into effect, adoption, promulgation, amendment, modification or repeal of any law; or
(ii) change in interpretation of any law by a competent court, Tribunal or Indian Governmental Instrumentality which is the final authority under law for such interpretation: or
(iii) change by any competent statutory authority, in any consent, approval or licence available or obtained for the project.
(xi) "Commission" means the Delhi Electricity Regulatory Commission;
(xii) "Conduct of Business Regulations" means the Delhi Electricity Regulatory Commission Comprehensive (Conduct of Business) Regulations, 2001, as amended from time to time;
(xiii) "Control Period" means a multi-year period fixed by the Commission, from 1st April 2012 and up to 31st March 2015;
(xiv) "Cut off Date" means 31st March 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 a year, the cut-off date shall be 31st March of the year closing after three years of the year of commercial operation;
(xv) "Date of Commercial Operation" or 'COD' 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 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;
(xvi) "Day" means the 24 hour period starting at 0000 hour;
(xvii) "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;
(xviii) "Expenditure Incurred" means the fund, whether the 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;
(xix) "Financial Year" means a period commencing on 1st April of a calendar year and ending on 31st March of the subsequent calendar year;
(xx) "Cross 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;
(xxi) "Gross Station Heat Rate" or 'GHR' means the heat energy input in kCal required to generate one kWh of electrical energy at generator terminals of a thermal generating station;
(xxii) "Infirm Power" means electricity injected into the grid prior to the commercial operation of a unit or block of the generating station;
(xxiii) "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;
(xxiv) "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;
(xxv) "Normative Annual Plant Availability Factor" or 'NAPAF' in relation to a generating station means the availability factor specified in clause A7:1 and clause A7:9 of these Regulations;
(xxvi) "Operation and Maintenance Expenses" or 'O&M expenses' means the expenditure incurred on operation and maintenance of the project, or part thereof, and includes the expenditure on manpower, repairs, spares, consumables, insurance and overheads;
(xxvii) "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;
(xxviii) "Plant Availability Factor (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.
(xxix) "Project" means a generating station;
(xxx) "State Load Dispatch 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;
(xxxi) "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:
(xxxii) "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;
(xxxiii) Note
(xxxiv) 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.
(xxxv) "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;
(xxxvi) "State" means the National Capital Territory of Delhi;
(xxxvii) "Unit" in relation to a thermal generating station other than combined cycle thermal generating station means steam...
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