| 5.0 | NESCOS REPLY TO
    CLARIFICATIONS AND QUERIES OF THE COMMISSION Shri S.K.Anand, Managing Director,
    NESCO submitted a set of clarification in response to the consumers objections to
    the Retail Tariff application, 2001-02 and Revenue Requirement application, 2002-03. | 
  
    | 5.1 | Validity and Frequency of
    Retail Tariff Application  | 
  
    | 5.1.1 | Referring to the maintainability of
    the tariff application, NESCO was of the view that the retail tariff application
    was as per Section 26 of the Orissa Electricity Reform Act, 1995. | 
  
    | 5.1.2 | Audited Accounts: The
    accounts of the company for the year 1998-99 has been duly audited by the statutory
    auditor of the company. As the company was a wholly owned subsidiary of GRIDCO Ltd during
    1998-99, the said accounts along with the report of the statutory auditor were sent to the
    Accountant General, Orissa under section 619(3) and (4) of the Companies Act 1956. After
    completion of the audit and reports by the C&AG of India, the accounts for the year
    1998-99 will be finally adopted in the Annual General Meeting of the Company. Considering
    the closing balances of 1998-99, the accounts of the company for the year 1999-00 as well
    as 2000-01 have been prepared and duly audited by joint statutory Auditors for Income Tax
    purposes, the copy of which has already been submitted to the Honble Commission. As
    soon as the C&AG audit for the year 1998-99 will be completed, the statutory auditors
    will sign the accounts for 1999-00 and 2000-01. | 
  
    | 5.1.3 | The proposal of Emami Paper Mills to
    reclassify the consumer has not been conceded by the licensee. NESCO stated that the
    existing classification as per Regulation 80 of the OERC was quite exhaustive and no
    amendments were necessary. | 
  
    | 5.2 | Cost of Employees, Material
    Costs, A&G Expenses | 
  
    | 5.2.1 | Reacting to the objectors
    view that there has been an abnormal increase in employees and A&G expenses, NESCO
    clarified that the increase in employees cost was not due to the so called multiplicity of
    organisations but due to normal increase. NESCO maintained that certain increases in
    A&G expenses were unavoidable because of creation of independent and stand alone
    corporate entities. The licensee clarified that these expenses for 2001-02 were as per
    expenses already incurred in 1999-00 and 2000-01 for which the accounts were duly audited
    by company auditors and submitted to the Commission. | 
  
    | 5.2.2 | The expenditure on account of
    employees and A&G for 2002-03 has been estimated based on the actual expenditure of
    2001-02 upto August, 2001. Expenses towards contribution to PF, pension, gratuity,
    training and bonus etc. have been shown separately as per requirements of the OERC
    formats. | 
  
    | 5.3 | Interest on Power BondThe interest payable on account of power bond being normal in character, should be
    charged to the distribution business.
 | 
  
    | 5.4 | Distribution Loss | 
  
    | 5.4.1 | NESCO stated that the licensee was
    committed to reduce the Distribution Losses and was taking several steps through metering,
    system improvement, regularisation of illegal consumers and vigilance checking etc. NESCO
    maintained that it was not feasible to eliminate tampering and bypassing of meters in toto
    due to vast geographical area and large a number of consumers. It may be noted that growth
    of input in LT segment without matching growth in the HT/EHT segment leads to increase in
    overall Distribution Loss. | 
  
    | 5.4.2 | NESCO has estimated to reduce the
    Distribution Loss by 3% in the year 2002-03. The revenue requirement for 2002-03 has been
    calculated considering the system loss projection at 44%. Reacting to the objectors
    comparison of the loss percentage of NESCO with that of SOUTHCO, NESCO clarified that the
    LT performance in SOUTHCO has been historically good as compared to other DISTCOs. The
    loss percentage prevailing in NESCO is a legacy of the past and it would take a lot of
    time and may require changes in the socio-economic conditions to achieve the loss levels
    as of SOUTHCO. | 
  
    | 5.5 | Pilot Study to Asses Technical
    and Non-technical losses NESCO stated that the study group has completed the
    survey and the results of the pilot study should be binding and applicable to the licensee
    after due consideration of various factors like consumer mix, pattern of distribution
    network etc. in the study. | 
  
    | 5.6 | Concessional Tariff for Power
    Intensive Industries | 
  
    | 5.6.1 | Reacting to the proposal of the
    Ferro Chrome Plant, Jajpur Road for Concessional Tariff for Power Intensive Industry in
    the HT category, NESCO stated that it would not be able to supply power at the rates
    suggested by Ferro Chrome Plant. | 
  
    | 5.6.2 | Reacting to FACORs view that
    the special tariff offered would not be viable for them, NESCO stated that FACOR alongwith
    other EOUs were demanding allocation of NTPC power out of unallocated share of central
    stations for which GRIDCO had raised separate power bills on NESCO for the period from
    April, 1999 to January, 2001. The average NTPC rate charged by GRIDCO during this period
    was of the order of Rs.245.43 paise per unit. NESCO maintained that in comparison to the
    NTPC rates, the special tariff offered by the licensee was more competitive, if the
    consumer achieved higher load factor. NESCO clarified that it would not be able to supply
    power at rates suggested by FACOR. | 
  
    | 5.7 | Tariff for Colony Consumption NESCO
    clarified that the procedure of allowing only 10% of the total consumption at a reduced
    tariff was very much liberal. | 
  
    | 5.8 | Power Factor Incentive Replying
    to the objectors point on Power Factor Incentive, NESCO stated that an industrial
    consumer should have almost unity power factor and in no case the same should be below
    90%. | 
  
    | 5.9 | Payment of DPS NESCO
    stated that the inadequacy in cash inflows to meet the cash requirement had forced the
    licensee to default in payment to GRIDCO thereby creating liability of Delayed Payment
    Surcharge (DPS). Reacting to the objectors view that the DPS should be dispensed
    with. The licensee stated that when it paid DPS to GRIDCO, it was entitled to recover DPS
    on its entire receivables through tariff. | 
  
    | 5.10 | Metering and Meter Rent NESCO
    stated that the metering project was being rigorously executed and monitored for
    maximisation of benefit. Emphasis was given for procurement of best quality meters. NESCO
    has not proposed any increase in existing meter rent.  | 
  
    | 5.11 | Emergency
    Supply to the Industries Referring to emergency supply to the industries, NESCO requested the
    Commission to keep a provision of minimum guaranteed off-take by the consumers in
    the Emergency Supply category such that the licensee did not incur loss while making the
    power available to such consumers who would draw power only as per their requirement and
    as and when they want.  | 
  
    | 5.12 | Poor Consumer Service and
    Redressal System NESCO stated that it was making sincere efforts for improving
    consumer services and redressal of consumer grievances through its existing departmental
    network and system. Effective steps have been taken to form village committees and conduct
    Bijli Adalats. Constant efforts were made for improvement of the supply condition as well
    as providing proper metering for the benefit and satisfaction of the consumers. The
    complaints of the consumers were being promptly attended and redressed within reasonable
    time period. | 
  
    | 5.13 | Power Failure NESCO
    stated that tripping of lines could not be totally eliminated for consumers availing power
    supply at 33 KV or less. Tripping of 33 KV feeders was also due to grid failure in many
    cases. System improvement works were being carried out in various areas of NESCO in order
    to provide better quality of power to the consumers. | 
  
    | 5.14 | Rural Electrification Work NESCO
    stated that the licensee has not programmed to make any RE work during 2001-02 or 2002-03.
    There was therefore no scope for deducting any such RE subsidy from the revenue expenses
    of either 2001-02 or 2002-03. NESCO maintained that the RE works depended on Government
    policy and provision of Government subsidy.  | 
  
    | 5.15 | Response to issues raised by
    Director (Tariff), OERC | 
  
    | 5.15.1 | The load forecast for 2002-03
    submitted to GRIDCO at 3065 MU has been revised hence the NESCOs projection of the
    quantum of the power purchase at 2292.203 MU made in the ARR application may be treated as
    Power Purchase requirement of the licensee for the said year. | 
  
    | 5.15.2 | An affidavit has been filed
    separately for the actual sales data for the six months period ending 30.09.2001. It is
    further clarified that the total revenue billed for each category is the aggregate revenue
    which includes energy charges, fixed charges, meter rent, DPS, customer charges etc. | 
  
    | 5.15.3 | NESCO has proposed T&D loss
    levels of 47.41% in the RST application and 44.35% in the ARR application. These figures
    are different from those furnished in the business plan and submitted to the GOO wherein
    loss levels of 46.98% for 2001-02 and 40.77% for the 2002-03 were proposed. The loss
    figures mentioned in the business plan were subsequently revised and were sent to the GOO
    for its ready reference. The same figures were considered by the High Power Committee
    during its evaluations. | 
  
    | 5.15.4 | NESCO is of the considered view
    that the Commission should agree to the special rate tariff for the industries even though
    no commitment from the licensee to bear the differential financial burden is made
    available. This is because it involves the industrial development in the state and if
    these industries were to be closed down in the absence of a special rate it would have
    repercussions for the financial health of NESCO besides the associated problems like
    unemployment, social problems etc. | 
  
    | 5.15.5 | The accounts for the year 1999-00
    and 2000-01 have been compiled and after receipt of the audit certificate from the
    Accountant General of Orissa, the same shall be audited latest by August, 2002. | 
  
    | 5.15.6 | Although the working capital is
    included in the capital base calculation, separate claim for interest on working capital
    has been made by the licensee for 2001-02 and 2002-03. Reasonable return has not been
    claimed as the capital base turns out to be negative in 2001-02 and 2002-03. The
    inadequacy of cash inflows to meet fully the cash liabilities has resulted in delay in
    payment to GRIDCO which has called for payment of DPS. NESCO requests the Commission to
    approve the same for revenue requirement. Interest on working capital of Rs.52.13 crore
    has been shown towards DPS on BST dues. | 
  
    | 5.15.7 | Against our billing of Rs.331.63
    crore in 1999-00 and Rs.326.32 crore in 2000-01, NESCO has been able to collect the sums
    of Rs.245.79 crore in 1999-00 and Rs.279.82 crore in 2000-01. Therefore, the percentage of
    average collection to billing over the two-year period comes to 79.88%. The inadequacy of
    cash inflows as compared to the cash outflows has forced NESCO to delay payment to GRIDCO
    which has resulted in DPS. | 
  
    | 5.15.8 | NESCO prays that the lease premium
    as claimed may be allowed under the revenue requirement of the licensee. The licensee has
    included a sum of Rs.148.80 lakhs for 2001-02 and 2002-03 as lease rent under A&G
    expenses. The licensee has obtained meters and capacitors valued at Rs.525.93 lakhs from
    BSES Ltd. and BSES Infrastructure Finance company Ltd. on operating lease terms and the
    same has not been capitalised so far and as such does not form part of Gross Fixed Asset
    upto 31.03.2001. This follows from the accounting policy of the Commission which states
    that the values of leased assets are to be capitalised if the lease is a finance lease and
    is to be charged to the profit and loss account if it is an operating lease. |