THE ORISSA TRANSMISSION AND BULK SUPPLY LICENCE
1997 (NO.2/97)
(As amended vide OERC Order Dt. 31.03.99 in Case No. 21/98)
Grid Corporation of Orissa Limited
Registered Office: Janpath, Bhubaneswar 751 022, Orissa
TABLE OF CONTENTS
Licence granted by the Orissa Electricity Regulatory Commission
under Section 15 of the Orissa Electricity Reform Act, 1995 (2 of 1996) to GRID
CORPORATION OF ORISSA LIMITED, JANPATH, BHUBANESWAR - 751 022 (GRIDCO) for carrying out
the business of Transmission and Bulk Supply of electrical energy within the Area of
Transmission and Bulk Supply and with the powers and upon the terms and conditions
specified in the licence.
Part I: Preliminary
1. Short Title
1.1 This licence may be called "The Orissa
Transmission and Bulk Supply Licence, 1997 (2/97)".
2. Definitions
2.1 The words, terms and expressions to which meanings
are assigned by the Orissa Electricity Reform Act, 1995 (2 of
1996), shall have the same meanings in this licence.
2.2 Words, terms and expressions used in this licence which are not
defined in this licence or in the Orissa Electricity Reform Act,
1995 (2 of 1996) shall have the meanings given to them in the Indian
Electricity Act, 1910 (9 of 1910) and the Electricity (Supply) Act, 1948
(54 of 1948).
2.3 In this licence unless the context otherwise requires:
2.3 In this licence unless the context otherwise requires:
"Act"
|
means the Orissa
Electricity Reform Act, 1995 (2 of 1996); |
"Affiliate" |
means in relation to the
Licensee, any Holding Company or Subsidiary of the Licensee, or any Subsidiary of a
Holding Company of the Licensee; |
"Area of
Transmission and Bulk Supply" |
means the geographic area
referred to in Schedule 1 of this
licence within which the Licensee is Authorised by this licence to carry out Transmission
and Bulk Supply; |
"Auditors"
|
means the Licensees
auditors for the time being in accordance with the requirements of sections 224 to 234A of
the Companies Act, 1956(1 of 1956); |
"Authorised"
|
in relation to any person,
business or activity means authorised by licence granted under Section 15 or exemption
granted under Section 16 of the Act; |
"Bulk Supply" |
means the supply of
electricity to other licensees for distribution by them; |
"Bulk Supplier"
|
means any person who is
Authorised to carry out Bulk Supply and functions ancillary to Bulk Supply; |
"Bulk Supply
Business" |
means the Authorised
business of Bulk Supply of electricity including activities ancillary to Bulk Supply; |
"Consumer" |
means the end or final user
of electricity supplied by the Distribution and Retail Supply Licensee or by any other
Authorised person; |
"Customer"
|
means any Electricity
Operator supplied with electricity for resale and includes any Distribution and Retail
Supply Licensee; |
"Distribution"
|
means the transportation of
electricity by means of a Distribution System; |
"Distribution and Retail Supply
Business"
|
means the Authorised
business of Distribution and Retail Supply of electricity including activities ancillary
to Distribution and Retail Supply; |
"Distribution Code"
|
refers to and includes Distribution (Planning and Operation) Code and Orissa Electricity Regulatory Commission Distribution (Conditions
of Supply) Code, 1998, issued by the Commission; |
"Distribution System"
|
means any system,
consisting mainly of cables, service lines and overhead lines, electrical plant and meters
having design voltage of 33 kV and lower and used for the transportation of
electricity from a Transmission System or Generating stations or other points to
the point of delivery to end-users taking any supply of electricity at voltage of 33kV and
lower and includes any electrical plant and meters in connection with Distribution; |
"Electricity Operator"
|
means a licensee including
Bulk Supplier; or a person who owns or operates a generating station or Authorised person
connected to the Transmission System; |
"Generator Inter-connection
Facilities"
|
means any transformers,
busbars, switchgear, plant or other apparatus utilised in order to connect any Generating
station to the Transmission System and/or any Distribution System; |
"Grid Code"
|
refers to the Grid
Code approved by the Commission;
|
"Licensee"
|
refers to The Grid Corporation of
Orissa Limited;
|
"Power Supply Operating Standards"
|
refer to power supply
operating standards approved by the Commission pursuant to Condition 20; |
"Power Supply Planning and
Security Standards"
|
refer to power supply
planning and security standards approved by the Commission pursuant to Condition 20; |
"Regulations"
|
refer to regulations issued
by the Commission under the Act; |
"Retail Supply"
|
means the provision of
electricity to Consumers; |
"Separate Business"
|
means each of the
Transmission Business, the Bulk Supply Business, Distribution and Retail Supply Business
and any non-core activity authorised from time to time by the Commission, each taken
separately and from any other business of the Licensee or any Affiliate of the Licensee; |
"Supplier"
|
means any Electricity
Operator who carries out or provides Bulk Supply or Retail Supply; |
"Supply"
|
means the provision of
electricity by way of Bulk Supply or Retail Supply or both; |
"Total System"
|
means the Generator
Interconnection Facilities, the Transmission System and the Distribution Systems of all
Electricity Operators which are located in the Area of Transmission and Bulk Supply; |
"Transmission"
|
means the transportation of
electricity at voltage of 66KV and above; |
"Transmission Business"
|
means the Authorised
business of transmission of electricity including activities ancillary to
Transmission; |
"Transmission Licensee"
|
means any person who is
Authorised to carry out Transmission and Bulk Supply; |
"Transmission Operating Standards"
|
refer to Transmission
Operating Standards approved by the Commission pursuant to Condition 20; |
"Transmission Planning and
Security Standards"
|
refer to Transmission
Planning and Security Standards approved by the Commission pursuant to Condition 20; |
"Transmission System"
|
means the system consisting
of extra high voltage electric lines, having design voltage of 66KV and higher owned
and/or operated by the Licensee for the purposes of the transportation of electricity from
one power station to a substation or to another power station or between substations or to
or from any external interconnection including 33/11 kV bays/equipment up to the
interconnection with the Distribution System, any plant and apparatus and meters owned or
used in connection with Transmission, and such buildings or part thereof as may be
required to accommodate such plant, apparatus, other works and operating staff thereof; |
"Use of System"
|
Means use of the
Transmission System for the transfer of electricity by any Supplier pursuant to a contract
entered into under the terms of Condition 22. |
2.4 References in this licence to Paragraphs,
Conditions, Parts and Schedules shall, unless the context otherwise requires, be construed
as references to conditions, paragraphs and parts of, and schedules to, this licence.
3. Terms of Licence
3.1 The Commission, in exercise of the powers conferred by
Section 15 of the Act, hereby grants to the Licensee a licence for Transmission and Bulk
Supply in the Area of Transmission and Bulk Supply during the period specified in
Paragraph 3.3, subject to the conditions (the "Condition") of this licence.
3.2 The Conditions are subject to modification or amendment in
accordance with the provisions of this licence or in accordance with the provisions of the
Act.
3.3 This licence shall come into force on First of April 1997
and, unless revoked earlier, shall remain in force for 30 years from date of issue and
may, upon agreement of the Commission and the Licensee, be renewed for a further period up
to 20 years.
Part II: General Conditions
4. Regulations
4.1 The Licensee shall comply with, adhere to, and obey the
Regulations, and any directions and orders as may be issued by the Commission from time to
time.
5. Restrictions
5.1 In the State of Orissa, neither the Licensee nor any of its
Affiliates shall, without the prior written consent of the Commission:
(a) purchase or otherwise acquire electricity or sell or otherwise
transfer electricity to any person or otherwise carry on Transmission Business and/or Bulk
Supply Business other than pursuant to this licence except that the Licensee or its
affiliate shall be permitted to enter into arrangements for the purchase of ancillary
services and sale of power surplus to the need of the State to State Electricity
Boards/Licensees of other States with the prior approval of the Commission; or
(b) own, hold any beneficial interest in, or operate, any Generating
Station or other source of production of power without the prior written approval of, and
on such conditions deemed appropriate by, the Commission except in a manner incidental to
the business which the Licensee or the relevant Affiliate is Authorised to carry on; or
(c) own, hold any beneficial interest in, or operate, any facilities
for Transmission and Bulk Supply or Distribution in the Area of Transmission other than
pursuant to a licence granted to the Licensee or the relevant Affiliate by the Commission;
or
(d) start any non-core activity which is not reasonably incidental to
the functions of Transmission and Bulk Supply which it is Authorised to carry on pursuant
to this licence, unless specifically authorised by the Commission. Any non-core activity
so authorised by the Commission shall constitute a Separate Business for the purposes of
Condition 7.
5.2 Neither the Transmission Business, nor the Bulk Supply
Business shall be held by or carried out through any other person including an Affiliate
of the Licensee, unless otherwise permitted by the Commission.
5.3 The Licensee shall not guarantee any obligations incurred by an
Affiliate of the Licensee in respect of a non-core activity. In carrying out the
Transmission Business and/or the Bulk Supply Business, the Licensee shall not incur any
loan or loans for the purposes of any other Separate Business or non-core activity of the
Licensee.
5.4 The Licensee shall not create or permit to subsist any encumbrance
in favour of any other person over any of the Licensees assets for the purposes of
securing any obligation of any other person or of the Licensee in relation to any non-core
activity.
5.5 For the purposes of this Condition 5 the terms "ancillary
services", "encumbrance" and "non-core activity" shall have the
following meanings:
"ancillary services"
|
means black start, reactive
power, frequency control and such other services as any Electricity Operator may be
required to have available as ancillary services pursuant to the Grid Code or any
agreement with the Licensee primarily for the purpose of securing stability of operation
on the Transmission System; |
"encumbrance"
|
means any mortgage, charge,
right of possession, assignment by way of security or other form of security interest; |
"non-core activity"
|
means any activity of the
Licensee or an Affiliate of the Licensee other than that carried out as a part of
the Transmission Business and/or the Bulk Supply Business. |
6. Subsidies among Separate Businesses
In respect of each Separate Business, the Licensee shall
not, without the prior permission of the Commission, give any subsidy to or receive any
subsidy from any other Separate Business or from any other business of the Licensee or any
Affiliate of the Licensee.
7. Separate
Accounts for Separate Business
7.1 The first financial year of the licence shall run from First of
April, 1997 to Thirty-first of March, 1998 and thereafter each financial year of
the licence shall run from First of April to the following Thirty-first of March.
7.2 The Licensee shall in respect of each Separate Business (whether or
not held by/ carried out through a separate company):
(a) keep such accounting records as would be required by the Commission
to be kept in respect of each such Separate Business if it were carried on by a separate
company, so that the revenues, costs, assets, liabilities, reserves and provisions of, or
reasonably attributable to, each Separate Business are separately identifiable in the
books of the Licensee from those of any other Separate Business or any other business; and
(b) prepare on a consistent basis from such accounting records:
(i) for each financial year, account statements comprising a profit and
loss account, a balance sheet and a statement of source and application of funds, together
with notes thereto, and showing separately in respect of each Separate Business the
amounts of any revenue, cost, asset, liability, reserve or provision, which have been
either charged from or to any other business (whether or not a Separate Business) together
with a description of the basis of that charge
or determined by apportionment or allocation between any Separate
Business and any other business (whether or not a Separate Business) together with a
description of the basis of the apportionment or allocation; and
(ii) in respect of the first six months of the first financial year and
of each subsequent financial year, an interim profit and loss account; and
(c) provide, in respect of the accounting statements prepared in
accordance with this Condition 7, a report in respect of each financial year, by the
Auditors, stating whether in their opinion those statements have been properly prepared in
accordance with this Condition 7 and give a true and fair view of the revenues, costs,
assets, liabilities, reserves and provisions of, or reasonably attributable to, the
Separate Business to which the statements relate; and
(d) deliver to the Commission a copy of each interim profit and loss
account not later than three months after the end of the period to which it relates, and
copies of the accounting statements and the Auditors report not later than six
months after the end of the financial year to which they relate.
7.3 Unless permitted to do so in writing by the Commission, the
Licensee shall not change the bases of charge or apportionment or allocation referred to
in Paragraph 7.2(b)(i) in relation to the accounting standards in respect of a financial
year from those applied in respect of the previous financial year.
7.4 Where, in relation to the accounting statements in respect of a
financial year, the Licensee proposes to change such bases of charge or apportionment or
allocation from those adopted for the immediately preceding financial year, the Licensee
shall, if requested by the Commission, in addition to preparing accounting statements on
those bases which it proposes to adopt, also prepare such accounting statements on the
bases which applied in respect of the immediately preceding financial year.
7.5 Accounting statements in respect of a financial year prepared under
Paragraph 7.2(b)(i) shall, unless otherwise approved or directed by the Commission:
7.5.1 have the same content and format (in relation to each Separate
Business) as the annual accounts of the Licensee prepared under Sections 210 to 212 of the
Companies Act, 1956 (1 of 1956) and the applicable forms of the Indian Electricity Rules,
1956 and as directed by the Commission and conform to the best commercial accounting
practices;
7.5.2 state the accounting policies adopted; and
7.5.3 with the exception of the part of such statement (which shows
separately the amounts charged, apportioned or allocated and describes the bases of charge
or apportionment or allocation respectively), be published with the annual accounts of the
Licensee, in the manner prescribed in the Regulations.
7.6 References in this Condition 7 to costs or liabilities of, or
reasonably attributable to, any Separate Business shall be construed as excluding
taxation, capital liabilities which do not relate principally to that Separate Business
and interest thereon.
7.7 The Licensee shall ensure that the accounting statements in respect
of each financial year prepared under Paragraph 7.2(b)(i) and the Auditors report in
respect of each financial year referred to in Paragraph 7.2(c) are made available to any
person requesting them at a price not exceeding fair printing/copying charges.
8. Prohibition of
Discrimination
8.1 Subject to Paragraph 8.2, where under the terms of this licence
the Licensee provides Use of System or connection services, the Licensee shall not (unless
authorised by the Commission or pursuant to Paragraph 8.2) unduly discriminate in respect
of price or other terms:
(a) between any users or classes of users of the Transmission System;
(b) as between the Licensee (in the use of the Transmission System by
the Licensee for the purposes of its Bulk Supply Business) and any other users or classes
of users of the Transmission System.
8.2 Nothing in Paragraph 8.1 shall prohibit the Licensee from providing
Use of System services to any user on price or other terms which materially differ from
those offered to other users, where such differences reflect different circumstances of
service including load factor, power factor, the level and timing of peak demand and any
other relevant factors.
8.3 Subject to Paragraph 8.4, the Licensee or an Affiliate of the
Licensee shall not make or offer to make Bulk Supply to any one Customer on terms as to
price or other relevant matters which are materially more or less favourable than those on
which it makes or offers to make Bulk Supply to comparable Customers.
8.4 Nothing in Paragraph 8.3 shall prohibit the Licensee from making or
offering to make Bulk Supply to one Customer on price or other terms which materially
differ from those offered to other Customers where such differences reflect different
circumstances of Supply or sale to such Customers including quantity, load factor, power
factor, the level and timing of peak demand, conditions of interruptability, and duration
of the agreement, or any other relevant factor.
9. Provision
of Information to the Commission
9.1 The Licensee shall provide to the Commission in the manner and
at the times specified by the Commission such information as the Commission may direct.
9.2 Without prejudice to the generality of Paragraph 9.1, the
Commission may require the Licensee to provide accounting information which is more
extensive than or differs from that required to be prepared and provided to the Commission
under Condition 7 or which may from time to time be required by the Government of India or
the Government of Orissa.
9.3 The Licensee shall notify the Commission of any major incident
affecting any part of the Transmission System including Generator Interconnection
Facilities which has occurred and shall,
(a) submit a report giving full details of the facts of the incident
and its cause. The Commission at its own discretion may require the submission of a report
to be prepared by an independent person at the expense of the Licensee; and
(b) give copies of the report to the Commission and to all parties
involved in the major incident.
9.4 The decision of the Commission as to what is a major incident shall
be final.
9.5 Besides taking action for violation of the Conditions, the
Commission shall be entitled to require the Licensee to file a report of any major
incident in accordance with Paragraph 9.3 above in any situation where the Commission
reasonably believes a major incident has occurred but has not been reported by the
Licensee.
10. Investment
10.1 The Licensee shall not enter into any arrangement to make a major
investment without obtaining written approval of the Commission for such investment in
accordance with the terms of this Condition.
10.2 The Commission shall grant the written approval required under
Paragraph 10.1 when the Licensee demonstrates to the Commissions satisfaction that:
(a) there is a need for the major investment in the Transmission System
which the Licensee proposes to undertake; and
(b) the Licensee has examined the economic, technical, system and
environmental aspects of all available alternatives to the proposals for investing in or
acquiring new Transmission System assets to meet such need; and
(c) the Licensee will invite and finalise tenders in accordance with
the procedures approved by the Commission for supply of equipment, materials
and/ or services relating to major investment.
10.3 For the purposes of Paragraphs 10.1 and 10.2 the term
"major investment" means any planned investment in or acquisition of
Transmission facilities, the cost of which, when aggregated with all other investments or
acquisitions (if any) forming part of the same overall transaction, equals or exceeds
Rs.10 crores.
11. Disposal of Assets
11.1 The Licensee shall not dispose of or relinquish operational
control over any assets with replacement cost in excess of Rs.30 lakh otherwise than in
accordance with following paragraphs of this Condition 11.
11.2 Save as provided in Paragraph 11.3, the Licensee shall give to the
Commission not less than two months prior written notice of its intention to dispose
of, or relinquish operational control over any asset. Notice shall not be deemed to have
been given until such time as the Licensee has provided to the Commission all such further
information as the Commission may reasonably require.
11.3 Notwithstanding Paragraph 11.1, the Licensee may dispose of or
relinquish operational control over any asset as is specified in any notice given under
Paragraph 11.2 if:
(a) the Commission confirms in writing that it consents to such
disposal or relinquishment subject to such conditions as the Commission may impose; or
(b) the Commission does not inform the Licensee in writing of any
objection to such disposal or relinquishment of control within the notice period referred
to in Paragraph 11.2.
11.4 Notwithstanding Paragraphs 11.1 and 11.2, the Licensee may dispose
of, or relinquish operational control over, any asset,
(a) where:
(i) the Commission has issued directions for the purposes of Condition
11 containing a general consent (whether or not subject to conditions) to:
(aa) transactions of a specified description; and/or
(bb) the disposal or relinquishment of operational control over assets
of a specified description; and
(ii) the transaction or the assets are of a description to which such
directions apply and the disposal or relinquishment is in accordance with any condition(s)
to which the consent is subject; or
(b) under any contract or agreement executed before the
commencement of this licence; or
(c) where the disposal or relinquishment of operational control in
question is required by or under any enactment or subordinate legislation.
11.5 For purpose of this Condition, the term "disposal" means
any sale including sale of shares and stock, gift, lease, licence, the grant of any right
of possession (or ownership whether immediate or in the future), transfer of ownership,
grant of any encumbrance (as defined in Paragraph 5.5) or the permitting of any
encumbrance to subsist or any other disposition to a third party, the cost of which, when
aggregated with all other assets (if any) forming part of the same overall transaction
equals or exceeds Rs.30 lakhs, and "dispose" shall be construed accordingly. The
cumulative sale of shares and stock to a single party shall be considered to form part of
the same overall transaction.
12. Payment of Fees
12.1 Within 30 days, or such other period as the Commission may
allow after the coming into force of this licence, the Licensee shall pay to the
Government of Orissa an initial annual fee of Rs.50 lakh.
12.2 For each subsequent year that this licence remains in force, the
Licensee shall, by 10th April of every year, be liable to pay to the Government of Orissa
an annual licence fee of Rs.50 lakh. The Commission shall review and may change the level
of such fee every three years.
12.3 Where the Licensee fails to pay to the Government of Orissa any of
the fees due under Paragraph 12.1 or 12.2 by the dates specified:
(a) the Licensee shall be liable to pay to the Government of Orissa
interest on the outstanding amount at a simple interest rate of 2% per month, the interest
being payable for the period beginning on the day after which the amount becomes due, and
ending on the day on which the Government of Orissa receives payment; and
(b) the Licensee shall be subject to the proceedings for the recovery
of such fees specified in the Act; and
(c) the Commission may revoke this licence pursuant to Section 18 of
the Act and Condition 13.
12.4 The Licensee shall be entitled to take into account any fee paid
by it under this Condition 12 in the determination of aggregate revenues made in
accordance with Condition 21 but shall not take into account any interest payable pursuant
to Paragraph 12.3(a).
13. Revocation of Licence
13.1 Subject to provisions of Section 18(4) of the Act, the
Commission may revoke this licence:
(a) on the application of the Licensee or with the consent of the
Licensee; provided in each case that the requirements of Section 18(3) of the Act have
been satisfied; or
(b) if any amount payable under Condition 12 is unpaid after it has
become due and remains unpaid for a period of 30 days or such longer period as the
Commission may specify; or
(c) if the Licensee has breached any of the Conditions and does not
comply with an order of the Commission to rectify such breach; or
(d) if the Licensee fails to show to the satisfaction of the Commission
within 60 days of a request from the Commission that the Licensee is in a position fully
and efficiently to discharge the duties and obligations imposed on the Licensee by this
licence; or
(e) if, in the opinion of the Commission, the Licensees financial
position is such that the Licensee is unable fully and efficiently to discharge the duties
and obligations imposed on the Licensee by this licence; or
(f) if, in the opinion of the Commission, the Licensee has committed a
wilful or unreasonable default in doing anything required of it under the Act, the Indian
Electricity Act, 1910 (9 of 1910) or the Indian Electricity (Supply) Act 1948 (54 of 1948)
or any rules made thereunder.
14. Dispute Resolution
The Commission shall be entitled to act as arbitrator or nominate
arbitrator to adjudicate and settle disputes in pursuance of Section 37(1) of the Act.
15.
Indian Electricity Act, 1910 (9 of 1910) and Indian Electricity (Supply) Act, 1948 (54 of
1948)
15.1 Except as otherwise provided herein, none of the clauses of the
schedule to the Indian Electricity Act, 1910 (9 of 1910) shall be incorporated into this
licence.
15.2 The Licensee shall provide, any Electrical Inspector or any person
authorised by an Electrical Inspector (each such person being hereinafter referred to in
this Condition 15 as an "Inspector") facilities for inspecting and testing the
Licensees works and for the reading, testing or inspection of any instrument. A
person appointed by the Licensee may be present at the testing of its works or the
reading, testing or inspection of any instruments, but shall not interfere with the
reading, testing or inspection.
15.3 Prior to the testing of any works of the Licensee by the
Inspector, reasonable notice of the testing shall be given to the Licensee. The testing
shall be carried out at such times as shall (in the opinion of the Inspector) least
interfere with Bulk Supply by the Licensee and in such manner as the Inspector may think
fit. Except pursuant to an order made for that purpose by the State Government, the
Inspector shall not be entitled to have access to, or interfere with, the works of the
Licensee at any points other than those at which the Licensee itself has access. The
Licensee shall not be responsible for any interruption or irregularity in Bulk Supply
which may be occasioned by, or required by the Inspector for the purpose of, any testing
pursuant to this Paragraph 15.3. No testing shall take place in respect of any works or
part thereof more than once in any period of three months, unless it is pursuant to an
order made by the State Government.
15.4 The Commission may issue an order authorising the Licensee to
exercise any power or authority which could be given to the Licensee under the Indian
Electricity Act, 1910 (9 of 1910) and the Electricity (Supply) Act, 1948 (54 of 1948).
15.5 Pursuant to Section 10 (8) of the Act, the Licensee shall have the
powers for the placing of appliances and apparatus for Transmission (including
Transmission to any point at which Supply is or is to be made to any Consumer who receives
a Retail Supply at voltage of 66kV or over) that a telegraph authority possesses with
respect to placing of telegraph lines and posts under the Indian Telegraph Act, 1885 (13
of 1885).
Part III: Technical Conditions
16. Power Procurement
Procedure
16.1 The Licensee shall not commence any process to purchase
electrical capacity and/or energy without an authorisation granted by the Commission under
the terms of this Condition 16.
16.2 The Licensee shall purchase electrical capacity and/or energy in
an economical and efficient manner under a transparent procurement process as approved by
the Commission. In case of purchases of allocated share of electrical capacity and/or
energy from Central sector generation and inter-utility exchanges of electrical capacity
and/or energy under Eastern Region Electricity Board, such processes as the Commission may
approve shall apply.
16.3 An authorisation required under Paragraph 16.1 shall be granted
when the Licensee has demonstrated to the Commissions satisfaction that:
(a) the additional electrical capacity and/or energy is necessary to
meet the Licensees service obligation in accordance with Condition 20;
(b) the Licensee has examined the economic, technical, system and
environmental aspects of all available alternatives to the proposals for purchasing
additional electrical capacity and/or energy (including arrangements for reducing the
level of demand) and such examination has been carried out in a manner approved by the
Commission; and
(c) the Licensee will obtain tenders from independent power producers
and other parties, specifying the prices and other terms on which they will sell
electrical capacity and/or energy , the obtaining and finalisation of such tenders to be
in a manner approved by the Commission.
16.4 The restriction imposed in paragraph 16.1 shall not be applicable
for short term purchases (less than six months in duration), provided that the
details of such purchases shall be submitted to the Commission for approval within 30 days
of the effective date of purchase.
17. Grid Code
17.1 The Licensee, except as provided in Paragraph 17.2, shall
ensure that there is in force at all times a Grid Code which meets the requirements of
this Condition 17. The Licensee shall implement and comply with (subject to Paragraph
17.8) such Grid Code. Such Grid Code shall be prepared by the Licensee in consultation
with other Electricity Operators, and other utilities in the region likely to be
materially affected by it, and it shall:
(a) cover all material technical aspects relating to connections to and
the operation and use of the Transmission System including the operation of electric lines
and electrical plant connected to the Transmission System in so far as relevant to the
operation and use of the Transmission System; and
(b) be designed so as to permit the development, maintenance and
operation of an efficient, co-ordinated and economical system for Transmission in the
State of Orissa.
17.2 Where no Grid Code of the form provided for in this Condition
17 is in force at the effective date of this licence, the Licensee shall not be considered
in breach of this licence Condition 17 provided that:
(a) within one month or such other time as the Commission may allow
from the commencement of this licence the Licensee shall submit an Operating Grid Code to
the Commission;
(b) the Licensee shall implement and comply with the Operating Grid
Code from the date of its submission to the Commission;
(c) within six months of the commencement of the licence, the Licensee
shall submit a comprehensive Grid Code (as referred to in Paragraph 17.1 above) which must
be formulated after consultation with Electricity Operators and other affected interested
groups to the extent possible;
(d) the Licensee shall be obliged to implement the aforesaid Grid Code
in accordance with the amendment/approval of the same by the Commission.
17.3 The Licensee shall (in consultation with Electricity Operators
liable to be materially affected thereby) periodically review (including upon the request
of the Commission) the Grid Code and its implementation. Following any such review, the
Licensee shall send to the Commission:
(a) a report on the outcome of such review; and
(b) any proposed revisions to the Grid Code from time to time as the
Licensee reasonably thinks fit for the achievement of the objectives referred to in
Paragraph 17.1(b); and
(c) copies of all written representations or objections from
Electricity Operators arising during the consultation process.
17.4 All revisions to the Grid Code shall require approval from the
Commission.
17.5 The Commission may issue directions requiring the Licensee to
revise the Grid Code in such manner as may be specified in the directions, and the
Licensee shall forthwith comply with any such directions.
17.6 The Grid Code shall include but not be limited to:
(a) connection conditions specifying the technical, design and
operational criteria to be complied with by the Licensee and by any person connected or
seeking connection with the Transmission System or by any generator who is connected with
or seeks connection with the Transmission System;
(b) an operating code specifying the conditions under which the
Licensee shall operate the Transmission System and under which Electricity Operators shall
operate their plant and/or Distribution Systems in relation to the Transmission System, in
so far as necessary to protect the security and quality of supply and safe operation of
the Transmission System under both normal and abnormal operating conditions;
(c) a planning code specifying the technical and design criteria and
procedures to be applied by the Licensee in the planning and development of the
Transmission System;
(d) a scheduling and despatch code specifying the system for the
scheduling and despatch of generating units;
(e) procedures relating to the co-ordination of outages for scheduled
maintenance of Generating Sets and transmission and distribution circuits;
(f) a metering code setting out requirements and procedures for
metering; and
(g) a protection code setting out the requirements and co-ordination of
protection system.
17.7 The Licensee shall make available a copy of the Grid Code in
force at the relevant time to any person requesting it, at a reasonable price.
17.8 In preparing, implementing and complying with the Grid Code
(including in respect of the scheduling of maintenance of the Transmission System), the
Licensee shall not unduly discriminate against or unduly prefer:
(a) any Customer or groups of Customers; or
(b) the Licensee in the conduct of any business other than the
Transmission Business.
17.9 The Commission may (following consultation with the Licensee)
issue directions relieving the Licensee of its obligations to implement or comply with the
Grid Code in respect of such parts of the Transmission System and/or to such extent as may
be specified in the directions.
18. Compliance with
Distribution Code
18.1 The Licensee shall comply with the provisions of the
Distribution Code of any Distribution and Retail Supply Licensee, in so far as applicable
to it.
18.2 The Commission may (following consultation with any Distribution
and Retail Supply Licensee which is directly affected thereby) issue directions relieving
the Licensee of its obligation under Paragraph 18.1 in respect of such parts of the
Distribution Code of any Distribution and Retail Supply Licensee to such extent as may be
specified in those directions.
19. Central Scheduling
and Despatch
19.1 Having regard to information provided to it by Electricity
Operators and other utilities in the region (including information as to forecast levels
of electricity demand and availability of generation capacity) and to the requirements of
the Planning and Security Standards and the Operating Standards referred to in this
licence, the Licensee shall undertake operational planning:
(a) for the matching to the extent possible of output of all Generating
Stations and any other Bulk Supplier and other sources of electrical capacity and/or
energy connected to the Transmission System (including a reserve of generation to provide
a security margin of generation availability) with forecast demand after taking into
account, inter alia:
(i) unavailability of Generating Stations ; and
(ii) constraints from time to time imposed by technical limitations
operating on the Total System and any interconnections with other Transmission Systems or
any part(s) thereof;
(b) consistently with sub-paragraph (a) and in accordance with the Grid
Code, for the removal from service of part(s) of the Transmission System for maintenance,
repair, extension or reinforcement.
19.2 Taking account of the factors referred to in Paragraph 19.3,
the Licensee shall schedule and issue direct instructions for the despatch of such
Generating Stations and other sources of power as are at such times available to generate
electricity and which are subject to despatch instructions:
(a) in ascending order of relevant prices that are offered for the
generation of electricity into the Total System, keeping in view the constraints on
hydro-electric generation; and
(b) as will in aggregate (and after taking account of electricity
delivered to or from the Total System from or to other sources) be sufficient to match at
all times (to the extent possible having regard to the availability of Generating
Stations) expected demand, taking account of information provided by Electricity Operators
together with an appropriate margin of reserve.
19.3 The factors referred to in Paragraph 19.2 include:
(a) expected demand (including transmission losses);
(b) economic and technical constraints from time to time imposed on the
Total System or any part or parts thereof;
(c) the dynamic operating characteristics of available Generating
Stations; and
(d) other matters provided for in the Grid Code.
19.4 The Licensee shall provide to the Commission such information
as the Commission shall request concerning the merit order despatch described in Paragraph
19.2 (a) or any aspect of its operation.
19.5 In this Condition 19:
"available" means the state of a Generating Station such that
it can respond successfully to a call to service by the entity with authority to despatch
the system; and "availability" shall be construed accordingly;
"central despatch" means the process of scheduling and
issuing direct instructions by the Licensee as referred to in Paragraph 19.2.
20. Transmission Planning and Security Standards; Power Supply Planning and Security
Standards; Transmission Operating Standards; and Power Supply Operating Standards.
Transmission Planning and Security Standards; Power Supply Planning and Security
Standards; Transmission Operating Standards; and Power Supply Operating Standards.
20.1 The Licensee shall plan and operate the Transmission System so as
to ensure that the Transmission System is capable of providing an efficient, co-ordinated
and economical system of Transmission. In particular, the Licensee shall plan and develop
the Transmission System in accordance with Planning and Security Standards; and operate
the Transmission System in accordance with Operating Standards.
20.2 The Licensee shall comply with any directions given by the State
Government under Section 22(A) and 22(B) of the Indian Electricity Act, 1910 (9 of 1910).
20.3 The Licensee shall make arrangements to provide for sale to
Customers sufficient electricity to meet Power Supply Planning and Security Standards and
Power Supply Planning Operating Standards approved by the Commission.
20.4 The Power Supply Planning and Security Standards are such
standards as:
(a) will ensure that the Licensee conducts its planning so that Bulk
Supply will meet levels of reliability and quality, to be proposed by the Licensee and
approved by the Commission, by reason of sufficiency of power available for the purposes
of Bulk Supply ; or
(b) the Commission may otherwise specify.
20.5 The Power Supply Operating Standards are such levels of
operational security and quality of Supply as are proposed by the Licensee to the
Commission and approved by the Commission.
20.6 The Licensee shall not be considered in breach of the requirements
of Paragraph 20.3 in circumstances where, for reasons accepted by the Commission, the
Licensee has been unable to provide sufficient Bulk Supply .
20.7 Notwithstanding Paragraph 20.6 in all circumstances where the
Licensee has not provided sufficient Bulk Supply to meet actual demands, the Licensee
shall nevertheless use reasonable endeavours to meet all demands as far as possible.
20.8 The Licensee shall, within three months or such longer period as
the Commission may allow after this licence is granted, prepare and submit to the
Commission for approval the Licensees proposal for Planning and Security Standards,
Power Supply Planning and Security Standards, Operating Standards and Power Supply
Operating Standards in accordance with Paragraphs 20.1, 20.4 and 20.5 above. The proposal
should include a statement setting out criteria by which the Licensees compliance
with such standards may be measured. Such criteria should include the number and type of
deviations from the Bulk Supply reliability and quality standards specified in Paragraph
20.4(a).
20.9 The document in which the Planning and Security Standards and
Operating Standards are set forth pursuant to Paragraphs 20.1 and 20.8 above must include
a statement by the Licensee as to how it proposes to implement the standards so as to:
(a) ensure a satisfactory degree of standardisation of plant,
apparatus, and equipment within the State of Orissa; and
(b) develop and observe a policy on spare parts required.
20.10 The Licensee shall, within 3 months of the end of each financial
year, submit to the Commission a report indicating the performance of the Transmission
System during the previous financial year against the relevant criteria referred to in
Paragraph 20.8 and of the Licensee during the previous financial year against the relevant
Bulk Supply criteria referred to in Paragraph 20.8. The Licensee shall, if required by the
Commission, publish a summary of the reports in a manner to be determined by the
Commission.
20.11 The Licensee shall,
(a) prepare and submit every year to the Commission for approval long
term demand for power or load forecasts for the power system in Orissa, for succeeding 10
years and in particular, provide to the Commission details of the demand forecasts and the
data, methodology and assumptions on which those forecasts are based; and
(b) prepare and submit to the Commission at such intervals as decided
by the Commission for approval its long term plan for power procurement and transmission
expansion so as to meet load forecast as in (a) above.
20.12 The Licensee shall, upon request by the Commission, provide to
the Commission such information as the Commission may require under or for the purpose of
monitoring compliance with this Condition 20.
Part-IV: Tariffs
21. Basis of Charges
21.1 The Licensee shall by the time prescribed in the Regulation,
prepare and lodge with the Commission submissions setting out in full detail :
(a) A statement of the Licensees revenue requirement for the
ensuing financial year, prepared in accordance with the financial principles provided in
Sections 57 and 57 A of the Electricity (Supply) Act, 1948 (54 of 1948) and in the sixth
Schedule thereto, with departures therefrom as may be authorised by the Commission; and
(b) A statement of the Licensees expected revenue for the ensuing
financial year, at the prevailing tariff rates.
21.2 Subject to the provisions of the Act and the Regulation Commission
shall notify the Licensee either
(i) that it accepts the Licensees calculation on (a) and (b)
above; or
(ii) that it does not consider the Licensees calculation to be in
accordance with the prescribed methodology or procedure and will propose an alternative
calculation which the Licensee shall accept.
21.3 If the Licensee desires, or if the Commission directs, to propose
new tariff or amend the current tariff, the Licensee shall prepare and lodge with the
Commission, its application for such tariff, setting out in full the following,
(a) a new or amended tariff proposed by the Licensee indicating the
date of implementation (such date shall be not less than 3 months after the date of the
submission of all information, data, calculations etc. required under Paragraph 21.4 of
this licence) drawing attention to the proposed changes;
(b) the aggregate revenue which the Licensee expects to be able to
recover from the proposed new or amended tariff, such aggregate revenue figure to
relate to the first full financial year after the proposed specified date, where the
specified date coincides with the beginning of the financial year and, where the specified
date does not coincide with the beginning of the financial year, the aggregate revenue
figure to be calculated at the prevailing tariff up to the date of revision and thereafter
at the revised tariff up to the end of the relevant financial year;
provided that no tariff or part of tariff shall be amended more than
once in any financial year except in respect of any changes expressly permitted under the
terms of any fuel surcharge formula as prescribed by Regulations.
21.4 The Commission may require comparative data for the current and/or
any preceding year, for the purposes of comparison, along with such other data,
calculation etc. as the Commission considers necessary, and the Licensee shall furnish
such data, calculations, comparisons as directed by the Commission.
21. 5 Subject to the provisions of the Act and the Regulations,
the Commission shall notify the Licensee:
(a) that it accepts the proposed tariff in the Licensees tariff
application; or
(b) that it does not accept all or any part of the tariff proposed in
the Licensees tariff application and propose modification to the whole or any
part of the new or amended tariff which shall be binding on the Licensee.
21.6 Following approval by the Commission of any new or amended tariff,
the Licensee shall publish details of the same in accordance with the requirements of
Section 26(5) of the Act. The previously notified tariff shall remain in effect till the
new or amended tariff takes effect.
21. 7 The Licensee shall ensure that all amounts due to other
Electricity Operators in respect of the electricity generated or supplied or other goods
or services provided by them shall be paid promptly.
21.8 Pursuant to Section 15(9) of the Act, the Licensee shall be
entitled to exercise any power or authority to take appropriate actions for:
(a) revenue realisations;
(b) prosecution for theft;
(c) deterring tampering with meters;
(d) preventing diversion of electricity; and all such similar matters
affecting Transmission and Bulk Supply of electricity.
Part V: Connection and Use of System Conditions
22.
Requirement to Offer Terms for Use of System and Connection to System
22.1 The Licensee shall make such arrangements for the Use of
System by third parties as are specified in this Condition 22. If there are Bulk Suppliers
other than the Licensee, on application made by any such Bulk Supplier, the Licensee shall
offer to enter into an agreement with the relevant Electricity Operator for the Use of
System:
(a) to accept into the Transmission System electricity provided by
another Bulk Supplier pursuant to arrangements authorised by the Commission;
(b) to deliver such quantities as adjusted for losses of electricity to
an Electricity Operator who is licensed to carry on Bulk Supply and/or Retail Supply;
(c) that specifies tariff and Use of System charges to be paid by the
user, which are in accordance with Condition 21.
22.2 On application made by any person licensed or authorised to carry
out business of Retail Supply, the Licensee shall offer to enter into an agreement
with the relevant Electricity Operator for connection to the Transmission System or for
modification of such an existing connection and such offer shall make provision for:
(a) the carrying out of works necessary to make the required
connection, including the installation of meters;
(b) the carrying out of any necessary works to reinforce the
Transmission System;
(c) the connection charges to be paid in accordance with Condition 21;
and
(d) the completion date and such other terms as are relevant to the
circumstances.
22.3 The Licensee shall offer terms for agreements in accordance with
Paragraphs 22.1 or 22.2 as soon as practicable and (save where the Commission consents to
a longer period) in any event no more than two months after any application under such
Paragraphs is made.
22.4 The Licensee shall not be obliged pursuant to this Condition 22 to
offer to enter or to enter into any agreement if:
(a) to do so is likely to involve the Licensee:
(i) in any breach of its duties under Section 17 of the Act; or
(ii) in any breach of any rules or Regulations relating to safety or
standards applicable to the Transmission Business including the Indian Electricity Rules,
1956; or
(iii) in any breach of the Grid Code; or
(iv) in any breach of any of the Conditions; or
(b) the person making the relevant application does not undertake to
comply with the Grid Code from time to time in force to the extent that it is applicable
to that person; or
(c) in the case of persons making application for Use of System under
Paragraph 22.1, such person ceases to be a Bulk Supplier.
22.5 If, after a period which appears to the Commission to be
reasonable for the purpose, the Licensee has failed to enter into an agreement with any
applicant referred to in Paragraphs 22.1 and 22.2 pursuant to a request under this
Condition 22, the Commission may, on reference by such person or the Licensee settle the
dispute between the Licensee and such person and, the Licensee shall forthwith enter into
and implement such agreement in accordance with its terms as settled by the Commission.
22.6 The Licensee shall prepare and submit to the Commission, on an
annual basis, a statement showing in respect of each of the five succeeding financial
years forecasts of circuit capacity, power flows and loading on the Transmission System
under standard planning criteria, together with:
(a) such further information as shall be reasonably necessary to enable
any person seeking Use of System to identify and evaluate the opportunities available when
connecting to and making use of such system; and
(b) a commentary prepared by the Licensee indicating the
Licensees views as to those parts of the Transmission System most suited to new
connections and transport of further quantities of electricity
At the request of an Electricity Operator which wishes to Use of System
under Paragraphs 22.1 or 22.2, the Licensee shall prepare an update to the above
statement, incorporating most recent data but specifically including any facility for
which any other Bulk Supplier has requested Use of System and connection to the
Transmission System.
22.7 The Licensee may make a charge for any statement given or sent to
persons seeking use of system of an amount reflecting the Licensees reasonable costs
of providing such a statement.
Part VI: Separation of Functions and Competition Conditions
23. Separation of Functions
The Commission may, after consultation with Electricity Operators
(including the Licensee) in the Area of Transmission and Bulk Supply, formulate
arrangements to require that the Transmission Business and the Bulk Supply Business be
carried out under separate licences. The Commission may issue necessary orders making
relevant changes in this licence.
24.
Introduction of Competition in Bulk Supply and Formation of Subsidiary or Associated Grid
Companies
The Commission may, after consultation with Electricity Operators
(including the Licensee) in the Area of Transmission and Bulk Supply, formulate
arrangements for the introduction of competition in Bulk Supply and formation of
subsidiary or associated Grid Companies . The Commission may issue necessary orders making
relevant changes in this licence.
Part VII Penalties
25. Contravention of
Licence Condition
25.1 In case of contravention of Licence Conditions, the Licensee
shall be liable for penal action under the relevant provisions of the Act.
SCHEDULE-1
Area of Transmission and Bulk Supply
The Area of Transmission and Bulk Supply shall comprise the State of
Orissa, excluding cantonment, aerodrome, fortress, arsenal, dockyard or camp or any
building or place in occupation of the Central Government for defence purposes.
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