Petition No. 85/MP/2013. Case: Western Regional Load Despatch Centre Vs Sasan Power Limited and Ors.. Central Electricity Regulatory Commission
| Case Number | Petition No. 85/MP/2013 |
| Counsel | For Appellant: Shri Sitesh Mukherjee and Shri Sakya Choudhuri, Advocates , Shri P. Pentayya, Ms. S. Usha, and Shri Vinod, WRLDC and For Respondents: Shri Amit Kapur, Advocate, SPL, Shri S.K. Sonee, Shri V.K. Agarwal, Ms. Jyoti Prasad and Shri S.S. Barpanda, POSOCO |
| Judges | V.S. Verma, Member, M. Deena Dayalan, Member and A.S. Bakshi, Member (EO) |
| Issue | Electricity Act, 2003 - Sections 28, 63 |
| Judgement Date | June 20, 2013 |
| Court | Central Electricity Regulatory Commission |
Order:
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The petitioner, Western Regional Load Despatch Centre (hereafter "WRLDC") in the present petition has made the following prayers, namely:
(a) Look into the veracity of the certificate issued by the Independent Engineer in view of deliberate suppression and misrepresentation of the facts and issue suitable direction to Respondent No. 2 to desist from such acts.
(b) Kindly look into the matter of Respondent No. 1 indulging into intentional mis-declaration of parameters related to commercial mechanism in vogue and has purported to declare the part (de-rated) capacity of 101.38 MW as commercial on the grounds of load restriction by WRLDC and issue suitable directions in the matter.
(c) Issue specific guidelines with respect to declaration of COD of the generators who are not governed by the CERC (Terms and Conditions of Tariff) Regulations, 2009 to be in line with CERC regulations so that the same can be implemented in a dispute free manner and eliminate any possibility of gaming by generator.
(d) The Commission may give any further directions as deemed fit in the circumstances of the case.
The submissions of the petitioner are as under:
(a) Sasan UMPP having ultimate installed capacity of 6x660 MW falls within the control area jurisdiction of Western Regional Load Dispatch Centre (WRLDC), in terms of Regulation 6.4.2. (b) of the Central Electricity Regulatory Commission (Indian Electricity Grid Code) Regulations, 2010 (Grid Code). Sasan Power Limited (SPL) started its testing and commissioning activities of first unit (GT#3) w.e.f. 17.3.2012 and started drawing power from the Western Region grid in accordance with clause 6.2 of the Procedure approved by the Commission vide its order dated 31.12.2009 under Central Electricity Regulatory Commission (Grant of Connectivity, Long term access, Medium term open access in inter-State transmission and related matters) Regulations, 2009 (hereinafter "Connectivity Regulations"). Unit#3 of the SPL was synchronized with the grid for the first time on 9.3.2013 at 2010 hrs. and tripped at 2024 hrs the same night. SPL injected around 15 MW of infirm power into the grid. The generating station started its commissioning activities of unit 3 from 9.3.2013.
(b) SPL vide its letter dated 25.3.2013 at 1230 hrs. informed WRLDC regarding testing and synchronization of its first unit (unit-3) to the grid and for further declaring commercial operation. M/s. Sasan submitted a testing program to WRLDC for increasing the load from zero to 660 MW within a span of 9 hrs (2100 hrs of 25.3.13 to 0600 hrs of 26.3.2013). Accordingly, synchronization code (3/2108) was given by WRLDC at 1756 hrs/25.3.2013 and subsequently another code (3/2120) was given at 2029 hrs/25.3.2013 for increasing load up to 160 MW. The unit could not achieve the generation level as per the plan given by SPL and unit tripped at 21:30 hrs/25.3.2013 and could generate only maximum 66 MW of power.
(c) On 27.3.2013 at 0013 hrs SPL further submitted a testing program to WRLDC for the purpose of synchronization of unit-3 into the grid and declaration of commercial operation. SPL submitted a program of increasing load from zero to 660 MW within a span of 8 hrs. (0500 hrs of 27.3.2013 to 1300 hrs of 27.3.2013) which could not be achieved. Subsequently, SPL, on 27.3.2013 at 0501hrs submitted an injection programme for increasing generation from zero to full load within 8hrs (0700 hrs to 1500 hrs of 27.3.2013). Accordingly, based on the SPL request, synchronization code (3/2236) was given by WRLDC on 27.3.2013 at 1148 hrs. However, the unit could not achieve the generation level as per plan given by SPL. On the same day at 1531 hrs, SPL submitted another programme for achieving full load within 5 hrs (1515hrs to 2000hrs).
(d) On 27.3.2013 at 1606 hrs, WRLDC clearly indicated that the infirm power can be allowed as per real time conditions of the grid. On the same day, it was further informed that due to Holi festival, infirm power over 100 MW cannot be permitted because of low demand till morning hours of 28.3.2013.
(e) On 27.3.2013, WRLDC gave its consent to generate 100 MW and further increase in generation was to be allowed as per real time condition. It was further informed that SPL may take code from WRLDC whenever he proposes to increase generation. However, WRLDC has not received any request from SPL till evening of 29.3.2013 for increasing the generation in spite of clear message from WRLDC that low demand condition is expected up to 28.3.2013 morning only.
(f) Based on the request of SPL, WRLDC granted code No. 3/2452 on 29.3.2013 at 2220 hrs to increase the ex-bus generation to 200 MW. SPL vide its e-mail dated 30.3.2013 at 0100 hrs, informed that it has raised the load on unit 3 accordingly. However, the data available with WRLDC shows that SPL could generate only 153 MW at 0100hrs and maximum of 165 MW on 30.3.2013.
(g) WRLDC vide its mail dated 30.3.2013 at 0718 hrs requested SPL to submit its plan of raising load to complete the testing timely and successfully. However, SPL did not submit any plan to raise generation to full load. From the actual data it is verified that Sasan could generate only 165 MW maximum on 30.3.2013.
(h) On 30.3.2013 at 1132hrs, SPL submitted a DC of 620.4 MW round the clock for 31.3.2013 (DC revised at 1915hrs on 30.3.2013 varying from 210 to 620.4 MW). It was also informed by the SPL that the 72 hour performance test of Sasan Unit-3 would be completed by 30.3.2013 evening. However, in the message intimating completion of performance test, SPL did not request for increasing generation.
(i) On 30.3.2013 at 2223 hrs SPL vide its e-mail informed regarding completion of 72 Hrs performance test of Sasan Unit-3. SPL also sent a report of acceptance of COD by Independent Engineer as per provisions of the PPA. SPL further informed that its unit-3 is available for commercial operations from 31.3.2013 and sent its declared capability (revision-I)
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The petitioner has submitted that from the above facts, the following can be inferred:
(a) WRLDC could not allow infirm injection of more than 100 MW on 27.3.2013 as there was less demand. The same has been done as per real time condition considering grid security as per proviso of Regulation 8 (7) of the Connectivity Regulations.
(b) SPL was fully aware that 27.3.2013 being a holiday (Holi festival), there was a considerable demand reduction in Western Region.
(c) The program submitted by SPL for achieving full load within 5 hours was unrealistic, seeing the past performance of their unit from 25.3.2013. Even after almost a month, SPL has been unable to achieve generation more than 220 MW (31.3.2013) and could generate 285 MW maximum on 19.4.2013, after commencement of re-testing on 17.4.2013.
(d) As explained earlier, WRLDC clearly indicated that low demand condition is likely to prevail till morning of 28.3.2013 and after that the generating station can seek permission from Control Room to increase the load. However, though testing for COD had commenced on 27.3.2013, no request was sent by SPL to WRLDC for further raising load during 28.3.2013. Request for increasing generation was sent only at 21:36 hrs of 29.3.2013.
(e) On 29.3.2013, though SPL was allowed to raise generation to 200 MW. However, it could not increase generation even to that level as explained earlier.
(f) On 30.3.2013, on the direction of WRLDC, SPL had not submitted its plan to raise load at 07:18 hrs.
(g) As SPL was given ample opportunity to raise generation, due to the issues attributable to its own plant, SPL could not increase generation beyond 165 MW during testing period.
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The petitioner has submitted that the certificate dated 30.3.2013 issued by the Independent Engineer is not based on facts. Contradictory statements have been made in the certificate. It has been acknowledged that at 07:13hr on 30.3.2013, WRLDC asked the seller to submit its revised power injection schedule for raising the load. However, it has also been stated that load of around 150 MW was maintained for remaining 22 hours as per WRLDC instructions and grid conditions. Thus, it is evident that when WRLDC was ready to permit higher generation on 30.3.2013 morning, the generator chose not to increase generation during testing period. The generator responded to WRLDC message after 7 hours and even at that time the target period of 72 hours was not completed. However, still SPL did not raise the generation level during the target period. This fact has simply been overlooked by the Independent Engineer and the certificate has been issued citing the reason for restricting the load to a level of about 100 MW for 50 hours and about 150 MW for 22 hours attributable to WRLDC instructions and grid conditions. This clearly establishes that due diligence has not been exercised by the Independent Engineer.
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As per injection details of SPL, at any given point of time its unit # 3 could not achieve a load beyond 220 MW (31.3.2013) and could generate 285 MW maximum on 19.4.2013, after commencement of retesting on 17.4.2013.
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On 31.3.2013 at 0034 hrs, WRLDC intimated to SPL that as per independent engineer's certificate and the confirmation from lead procurer (MPPML), the tested capacity is only 101.38 MW, therefore the DC given by SPL for 220 MW to 620 MW is not in line with the certificate given by the Independent Engineer. Accordingly SPL was requested to take consent from all the procurers...
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