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PRACTICE DIRECTION ON 
PROCEDURE FOR OBTAINING CONSENT OF THE OERC 
FOR SETTING UP GENERATING STATIONS INCLUDING 

CAPTIVE POWER PLANTS. DATED : 06.03.98

1st REVISED ON - 18.09.1999
2nd REVISION w.e.f. - 01.04.2002
3rd REVISION w.e.f. - 20.04.2002

Submission of Application:

1. Application for setting up of Generating stations shall be made in the prescribed form Annex-II enclosed herewith. When the Commission decides to dispose the application through a proceeding, it may require the applicant to file an affidavit in the form of Annex-IV.

2. The application shall be accompanied by proof of payment of the processing fee as prescribed at Clause-5 below.

3. While submitting the application to the Commission in triplicate with the required enclosures containing the particulars as listed in Annex-1, an additional copy (If proposed generating station is to be connected to the Transmission System,* two additional copies) shall be sent by the applicant to the Distribution and Retail Supply Licensee (the Licensee)'s authorised Supply Engineer of the area.

Classification of Generating Stations :

4. For the purpose of granting permission, the Generating station may be grouped to 4 categories as below:

Small : Below 100 KW capacity
Medium : 100 KW and above but less than 1 MW
Large : 1 MW and above upto 25 MW
Very Large : Exceeding 25 MW

5. Application fee :

5.1 Each application shall be accompanied by a non-refundable processing fee as given below for the generating station under para 6 :-

Small - Rs. 750/-
Medium - Rs. 2500/-
Large - Rs. 10,000/-
Very Large - Rs.10,000/- for first 25MW and Rs.1,000/- per each additional MW or part thereof.

The application fee may be deposited through Treasury Challan under the Head of Account : "0801 - Power - 80 - General - 800 - Other receipts (a) Licence fees (b) other fees (c) fines" or by Bank Draft payable to OERC at Bhubaneswar.

5.2 Renewal of validity: Each application for revalidation of any previous consent order to install generating station, after lapse of its original validity period, shall be accompanied with processing fee @25% of the prevailing rate structure stated above.

* Out of two copies the Distribution and Retail Supply licensee shall send one copy to the Transmission and Bulk Supply Licensee (GRIDCO) to get the view of GRIDCO.

6. The applicant must furnish proof to establish that the generating station and the industrial unit consuming the generated electricity are under the same ownership.

7. In case of co-generating stations :

The proposed generating station may be a part of an integrated industrial system, using the industry's waste and or bye-products, and supplying steam for process requirement, in addition to electricity. In such cases the applicant must furnish full system details indicating how the generating station is integrated into the industrial system, indicating quantities and parameters of the steam required and of the waste heat or bye-product. Any auxiliary fuel or heat source procured from outside the plant must be set forth and sources and costs indicated. The applicant should also submit a calculation clearly bringing out the sharing of energy between the process and power generation and apportioning the annual cost accordingly.

8. View of the Licensee on the applicant's proposal :

8.1 The Licensee shall send its views on the applicant's proposal to reach the Commission within one month of the receipt of the application. If no report is received within a month, it will be presumed that the Licensee has no objection to grant of permission.

8.2 If the licensee has objection to the grant of consent, the detailed reasons for withholding the consent must be furnished.

8.3 If the Licensee has issued a no objection statement and the application contains full information of the proposal to the satisfaction of the Commission, the Commission may grant consent without conducting hearing.

8.4 If the Licensee has conveyed to the Commission any objection for granting consent, he shall send a copy of such objection to the applicant for filing rejoinder, if any by the applicant. The Commission may in its discretion issue a notice of inquiry and the procedures to be followed in such cases shall be as laid down in Orissa Electricity Regulatory Commission (Conduct of Business) Regulations, 1996.

9. Others :

9.1. For generating sets of capacity not exceeding 10 KVA, it will be deemed to have consent after receipt of application duly filled in, accompanied by necessary fee as per clause No.5.

9.2 Consent shall be granted or withheld by the Commission within three months of receipt of application complete in all respects. For the purpose of time limit, the date of application shall be reckoned from the date when all documents and information as required in the application form and those required by the OERC have been furnished in full.

9.3 In case of generating station with generating capacity exceeding 25000 KW final consent/order shall be issued only after consultations with the Central Electricity Authority. Application for captive/co-generation power plant shall furnish the salient data of captive/co-generation power plant in the enclosed format (As per Annexure-III).

10. Guidance Note:

10.1 In case of parallel operation with the system :

10.1.1 In case of parallel operation, the applicant's generating station must comply with the Grid Code and Distribution Code as applicable. All the requirements of these Codes shall be construed as a part of the conditions of the Commission's consent under Section 21(3) of the OER Act, 1995, and violation may entail disconnection of the applicant's installation from the Transmission System/Distribution System to which it is connected (the System).

10.1.2 Applicant should clarify that the installation of generating capacity is not in excess of his requirement. The applicant may note that surplus capacity available during a period, when all of its generating plant is available, and/or its load requirement is less than planned or for any other reason can be sold to the Transmission and/or Bulk Supply licensee/Distribution and Retail Supply Licensee, only with the consent of respective licensee and approval of the Commission.

[Note - 1 : The tariff rates for such infirm supplies may be negotiated with the respective licensee, but shall not exceed the variable charges and a mark-up thereon, towards incentive. No part of the fixed charges shall be included in such tariff for supply of infirm power to grid as inadvertent flow during parallel operation.]

[Note - 2 : Back-up supply may be required by the industry owning the generating station. The Licensee's tariff rates for such supplies shall be as approved by the Commission in the Licensee's tariff rates.]

10.1.3 The respective licensee may require emergency assistance following an extensive failure in the system. Subject to technical feasibility, the applicant may, if requested by the respective licensee, extend power supply from the generating station to the System.

[Note : The tariff for such supplies shall be the same as applicable for Licensee's Supply of back-up power under Para 10.1.2 Note - 2 above.]

10.1.4 The applicant must make suitable provisions in his installation for isolation to ensure that no harm/damage is suffered by him in the event of inadvertent frequency and voltage variations from the specified standards in the System.

10.2 General

10.2.1 Consent granted under Section 21(3) of the OER Act, 1995 referred with Section 44 of the Electricity (Supply) Act, 1948 does not constitute any exemption from the requirement to have a license to supply electricity to any customers/consumers.

10.2.2 The consent shall be subject to provisions of other laws for the time being in force.

The Commission may at his discretion set the terms and conditions applicable to the generating station with the reasons.

[Note : Such terms and conditions may include the period during which the generating station is to be installed. If the generating station is not installed during the period so specified, the consent shall be deemed to have lapsed automatically.]

10.2.3 Every Very Large generating station will be required to submit the monthly return of electricity within 15 days from the end of every month to the Transmission Licensee.

10.2.4 Persons seeking consent to run standby sets should show that they are not in arrears of Electricity dues to the Licensee

ANNEX-1

The application must contain the following enclosures:

GENERATING STATION CATEGORIES

Information / Particulars

Small

Medium

Large

Very Large

1) Treasury Challan/Bank draft of

Rs. 750/-

Rs. 2500/-

Rs. 10,000/-

Rs. 10,000/- for first 25 MW and Rs.1,000/- per each additional MW or part thereof.

2) Site Map

Yes

Yes

Yes

Yes

3) Details of Generating Station

Yes

Yes

Yes

Yes

4) Interruption details

Yes

Yes

Yes

Yes

5) Details of calculation of cost of licensees supplies/ cost of generation of generating station/cost of emergence power assistance.

Yes

Yes

Yes

Yes

6) Interlocks and isolating device particulars & features

Yes (under any circumstances shall not be interconnected with the system)

Yes (ordinarily operate isolated from the system)

Yes (ordinarily operate isolated from the Licensee's system)

Yes

7) If applicant proposes to run the generating plant in parallel with Licensee's system

Not required

Reasons for such proposal in details

Reasons for such proposal in details

Reasons for parallel operation with Licensee's system

8) Results of system study for parallel operation, protection, interlocks, measures to ensure safe operation

Not required

Yes if proposed to run in parallel

Yes, if proposed for operation in parallel with the Grid

Yes, if proposed for operation in parallel with Grid

9) Single line diagram

Yes

Yes

Yes

Yes

10) Statutory clearances required and obtained

As applicable

As applicable

As applicable

As applicable

11) Feasibility Report/ Detailed Project Report

Not required

Such information & on demand

Yes (Note-A)

Yes (Note-B)

12) Details of co-generation, if any

Yes

Yes

Yes

Yes

13) Salient data of captive/ Co-generation Plant

No

No

No

Yes (Note-C)

Note -A :- As prescribed in O.M. No. 2/94/Gen/95-PAC dt.17.08.95 of Central Electricity Authority.

Note - B :- Project Report as per CEA's "Guidelines for Formulation of Project Reports for Power Projects in Private Sector", June, 1995.

Note -C :- As per CEA guideline vide No. CEA/Plg/IRP/414/33/99-1348 dt.23 July, 1999.

Annex-II

APPLICATION FORM FOR GRANT OF PERMISSION BY
ORISSA ELECTRICITY REGULATORY COMMISSION
UNDER SECTION 44 OF THE ELECTRICITY (SUPPLY) ACT, 1948
TO SET UP GENERATING STATIONS

1. (a) (i) Name/s of the applicant :

(b) Registered Office Address :

(c) Postal Address for Communication :

(d) Processing fees paid with deposit particulars (Original evidence to be sent to OERC with application) in Rs. :

(e) Location of the proposed generating station :
(i) District :
(ii) Location :
(iii) Name of the Electricity Supply Division and the name of Distribution & Retail Supply Licensee :

(f) (i) Existing capacity of the generating, if any :
(ii) Capacity unit wise :
(iii) Date of installation :
(iv) Purpose :
(v) Enclose copy of the permission letter :

2. Type of Generating Station Proposed.

(a) Thermal - Coal/Gas/Naptha/Others :
(b) Diesel Generating Set :
(c) Others - Specify :

3. Tie Ups

(i) Fuel/Coal :
(ii) Fuel Transport :

4. Generation Capacity
(i) Capacity in K.V.A. :
(ii) Voltage :
(iii) Phase :
(iv) Power Factor :
(v) Frequency (Cycle per sec.) :
(vi) Other technical specifications.(Please enclose full technical details) :

5. Purpose of application for Generating Station
(i) Stand-by set to run in emergency only & will NOT back feed power to the System :
"OR"
(ii) Generating Station to run in parallel with the System :
"OR"
(iii) Generating Station to run in isolation i.e. in stand alone mode and will not require power supply from the Licensee at any time :
"OR"
(iv) Generating Station to run in isolation i.e. in stand alone mode and may require emergency power supply from the Licensee for start up purpose :
"OR"
(v) Any other purpose : (Please specify)

6. If power supply for the applicant has been availed from the Licensee
(a) Date of Agreement :
(b) Contract demand in K.V.A. :
(c) Date of availing power supply :
(d) Licensee's tariff (Category/Rate/Unit) :
(e) Purpose of utilisation
(Name the industrial products, (if any) whether it is a continuous process industry or any other purpose) :
(f) No. of interruptions & maximum duration of interruption experienced by the applicant during last year. :
(g) The extent and nature of loss suffered by the applicant during power interruption. :
(h) Capacity of the substation in KVA (if it is exclusively for the applicant) :
(i) Arrears of Electricity dues outstanding so far :

7. If power supply for the unit has not been availed by the applicant then indicate
(a) Maximum KVA requirement & average Demand of the proposed load :
(b) Time by which power supply is proposed to be availed, with phasing of requirement, if any :
(c) If the applicant does not intend to avail power supply from the Licensee. Please specify the reason :

8. If a requisition has been made to the Licensee to supply power is not available - give details. :

OTHER PARTICULARS OF THE GENERATING STATION
[* STRIKE OUT WHICHEVER IS NOT APPLICABLE]

*9. For all stand-by Generating Stations to run in emergency only [Sl-5(i)]
(i) Cost of generating station including installation.
(ii) Fixed cost/unit of generation.
(iii) Variable cost/unit of generation.
(iv) Total cost/unit of generation.
(v) Preventive arrangement against back feeding to the System, if grid power has been availed.
(vi) In case the generating station capacity is higher than the contracted load of the consumers with the Licensee, please state the reason for such additional requirement.

*10. All other Generating Stations (Sl-5(ii) to 5(v) :
(i) Proposed date of generation.
(ii) New Project/Expansion of the existing Generating Sets. (In case of phased programme of installation year to year information must be furnished).
(iii) Salient features of the project (To be separately attached) relating to Technical Details of Generator, Prime Mover, Exciter, Automatic Voltage Regulation, Protection, Interconnection with the System.
(iv) Planned peak generation in MW.
(v) Operating plant load factor.
(vi) Total annual requirement of electricity in million units by the industry.
(vii) Peak requirement of the industry in MW.
(viii) Voltage at which interconnection with the System is desired.
(ix) Nearest point of interconnection with the System.
(x) Technical feasibility of synchronization.
(xi) Cost of proposed interconnection.
(xii) Back up power from the Licensee
a) Power Requirement -
b) Voltage of supply -
(xiii) Whether surplus power is available for sale to GRIDCO/Distribution and Retail Supply Licensee.
Committed capacity :-
(xiv) Proposed rate of sale of surplus power (if negotiated), per KW of capacity and per Kwh of energy.
(xv) If the capacity of the generating station is higher than the load, the reason of such higher capacity.
(xvi) Cost of generating station including installation.
(xvii) Fixed cost per unit of generation.
(xviii) Variable cost per unit.
(xix) Total cost per unit of energy.
(xx) Cost of power of emergency assistance, if required, from the Licensee.
(xxi) Total cost of generation and the cost of emergency assistance.

11. Concluding remark about the reason of installation of the generating station.

Date :                                                                                                    Signature :

Place :                                                                                         (with designation, if any)

Enclosure : Three copies of the following to be enclosed with the application to be submitted to OERC and one copy (or two copies as applicable) along with the application to be submitted to the Licensee's authorised supply Engineer.

(1) Treasury Challan/Bank Draft
(2) Site map indicating the location.
(3) Detail of the D.G. Set.
(4) Interruption details. [Refer clause 6(f)]
(5) Copy of Detail Project Report/Feasibility Report.
(6) Electrical single line diagram for interconnection with the System.
(7) Details of calculation of cost of the Licensees supplies/cost of generation of Generating station/cost of emergency power assistance.
(8) Other details (As per Annexure-I).
(9) Salient data of captive/co-generation power plant exceeding 25 MW as per Annexure-II.

12. Copy to the Executive Engineer, (of the Licensee) . . . . . . . . . . . . . . for necessary action.

Signature of Applicant

13. Views of GRIDCO (to be submitted to the licensee) in case of connection to the Transmission System.

14. Views of Distribution and Retail Supply Licensee.
(To be filled up by the Designated Authority of the Licensee for grant of consent)

DESIGNATED OFFICER
LICENSEE/GRIDCO
(With Rubber Stamp)

Annex-III

SALIENT DATA OF CAPTIVE/CO-GENERATION POWER PLANT

1. Name of Scheme :

2. Name of Promoter :

3. Whether the CPP is required for existing or how proposed industry

4. Type of Industry

5. Location

6. Fuel

7. Source of Supply of Fuel & its tie up

8. Requirement of Fuel (MT)

9. Transportation of Fuel

10. Zero Date

11. Gestation Period (Months)

12. Year of Commissioning

13. Details of Estimated Cost Incl. IDC,
- Whether environment clearance obtained,
- If yes, copy of the same may be enclosed

14. Cost per MW

15. Generation cost per unit at Bus bar
a) In 1st year
b) Levellised tariff
c) SEB supply

16. Present & Future Power Demand of the industry from SEB

17. Type of proposed plant
a) Coal/Oil/Gas fired
b) Co-generation plant
c) Hydro
d) Any other

18. Capacity of proposed plant (MW)
Total capacity selected, keeping in view the
a) Standard size
b) Margin
c) Sale to grid

19. Total surplus power over and above it own requirement.
a) How is it proposed to utilise the surplus power
b) Do you propose to sell the excess power to grid Yes/No.
c) If yes, whether agreement with SEB has been finalised and at what tariff.

20. Power Supply Position in the State
- Peak demand (MW)
- Peak availability (MW)
- Surplus(+)/Deficit(-)
- Energy requirement (MU)
- Energy availability (MU)
- Surplus (+)/Deficit(-)

21. Justification for setting up of CPP, If state is already Surplus.

22. Whether un-interrupted power supply is required ?
a) If yes, Why
b) Quantum of uninterrupted power supply required
c) Whether Seb is able to provide
d) If not supporting document in this respect may be enclosed

23. Whether the industry requires stringent tolerance in voltage & frequency.
a) If yes, why
b) Whether SEB is able to maintain these parameters.
c) If not supporting document from concern SEB.

24. Whether captive plant is able to generate power at a price lower that the tariff charged by Board.
If yes, furnished detail calculation of cost of generation.

25. Any other relevant information for justification of the proposal.

Annex-IV

AFFIDAVIT FORM

In the Court of the Executive Magistrate, ......................................(indicate here the place).

or

Before the Notary Public ................................................................ (indicate here the place).

In the matter of an application to/for .................................................................... (indicate here briefly the purpose as well as the provision of law and the case reference for which the affidavit is filed)

and

In the matter of

A,
B, &
C etc. .......................................................................................................... Petitioner (s)

Versus

X,
Y, &
Z etc. ....................................................................................................... Affected Parties

AFFIDAVIT

I, ....................................................................................................................., (indicate here the name who swears affidavit) Son of Shri ............................................................., aged ............ years residing at present at .................................................................................. (indicate here the full and complete postal address) do hereby, solemnly affirm and state as follows :-

1. That,I am a/an ......................................................................................................... (indicate here the designation of the deponent which he holds in the company) of ...................................... ...................., (indicate here the name of the company), the petitioner in the above matter and am duly authorised by the said petitioner to swear this affidavit for and on behalf of the aforesaid petitioner.

2. That, I am a principal officer of the petitioner within the meaning of Indian Companies Act, 1956.

Note : If the petitioner is a public or Pvt. Ltd. Company, para 1 & 2 shall be a part of the affidavit; otherwise not.

or

1. That, I am the sole proprietor/Managing Partner/Partner (strike out whichever is not applicable) of .................................................................................................................(indicate here the name of the partnership firm or the sole proprietorship concern) the petitioner in the above matter and am entitled under the law/duly authorised (strike out whichever is not applicable) to swear this affidavit for and on behalf of the aforesaid petitioner.

2. That I am the sole proprietor/Managing Partner/Partner of the petitioner. (strike out which ever is not applicable)

Note Note : The above paragraph will find place in the affidavit as paragraphs 1 and 2 if the petitioner is a proprietorship concern or a partnership firm as the case may be.

: The above paragraph will find place in the affidavit as paragraphs 1 and 2 if the petitioner is a proprietorship concern or a partnership firm as the case may be.

3. That the statements made in the petition, in support of which this affidavit is filed, are true to the best of my knowledge, information and belief/based on records (strike out whichever is not applicable)

Place :                                                                           Signature & Date of Deponent

The deponent having been identified to me by Shri ................................................. (indicate here the name of the advocate)/ being personally known to me (strike out whichever is not applicable) has solemnly affirmed before me that the contents of the petition are true to the best of his/her (strike out whichever is not applicable) knowledge, information & belief as stated above.

Executive Magistrate ............................................

(indicate here the name of place to which the Magistrate belong)

or

(indicate here the name of the Notary Public & the Place)

Note :
 (i) The affidavit shall be on the engrossed stamp paper of adequate value.
(ii) It shall be sealed and signed either by the Executive Magistrate or the Notary Public as the case may be.