6.4
|
Revaluation of Assets OHPC/GRIDCO a)
OHPC : As per Dept. of Energy, Government of Orissa order dt.1 April 1996 issued
under Section 23 of the OER Act, 1995 (Act 2 of 1996) and Rule 5 of the Orissa Electricity
Reform (Transfer Undertaking Asset, Liability, Proceeding & Personnel) Scheme Rule,
1996, the generation undertakings of erstwhile OSEB and of the State Government were
transferred and vested in OHPC, the value of which was fixed at Rs.1848.50 Crore as on 1st
April, 1996, the original cost of fixed assets was Rs.356.60 Crore and the work in
progress was Rs.644.30 Crore. The elements of the revalued assets were as follows :-
|
Items |
Rs. in Crore |
1 |
Net fixed asset |
1196.80 |
2 |
Work in progress |
644.30 |
3 |
Total fixed asset |
1841.10 |
4 |
Current asset |
7.40 |
5 |
Total asset |
1848.50 |
|
6.4.1
|
As per the said Government
notification, capital structure of OHPC is as follows.
|
Items |
Rs. in Crore |
1 |
Equity |
300.00 |
2 |
Staff superannuation fund |
20.00 |
3 |
Loan from the State Government |
683.50 |
4 |
Convertible bond issued by OHPC |
766.20 |
5. |
PFC loan |
67.10 |
6 |
Other loan |
8.70 |
7. |
Current liability |
3.00 |
|
6.4.2
|
The consideration amount to be
adjusted in favour of State Government was subject to the following. (i) Loan of
Rs.683.50 Crore divided into two parts
Part A - Rs.39.20 Crore, to be repaid in 15 years after a moratorium
of 5 years which would carry an interest at the rate of 9.8% per annum.
Part B - Rs.644.30 Crore which will not carry any interest up to the
completion of Upper Indravati HEP and Potteru HEP. The interest accrued on the above loan
during the year up to commissioning of Upper Indravati shall be capitalized. After
commissioning of Upper Indravati, Rs.500.00 Crore out of the above loan, along with the
interest accrued thereon and capitalized shall be converted to equity. The balance of the
above amount should be treated as a loan carrying an interest at the rate of 13% per
annum. This loan will be repaid over a period of 15 years after a moratorium of five
years.
(ii) An initial equity of Rs.300 Crore. On completion of Upper Indravati
HEP expected in financial year 2000, State Government shall convert Rs.500 Crore of loan
under item (i) above as equity. (Dividend, payable if any, for the first four years to be
ploughed back in shape of fresh loans).
(iii) Convertible bonds worth Rs.766.20 Crore was to be issued to the State Government by
OHPC. This bond was not to carry any interest for the first 5 years. These bonds shall
consist of two parts.
Part A - Rs.383.10 Crore to be converted into equity at the option of the
State Government in three equal installments in the 6, 8 and 10 year.
Part B - i.e. balance Rs.383.10 Crore (i.e. Rs.766.20-383.10) was to
remain as debenture attracting interest @ 13% per annum until redemption.
b) GRIDCO : In terms of the above transfer scheme notification, the
aggregate value of the undertaking to be transferred and vested in GRIDCO was fixed at
Rs.2395.8 Crore as on April 1, 1996 which consisted of the following components.
|
Items |
Rs. in Crore |
1 |
Net fixed asset |
1957.70 |
2 |
Capital expenditure in progress |
134.00 |
3 |
Total fixed asset |
2091.70 |
4 |
Total current asset |
304.10 |
5 |
Total asset |
2395.80 |
|
6.4.3
|
Thus, the asset value of GRIDCO
increased from Rs.971.70 Crore to Rs.2395.80 Crore.
|
6.4.4
|
The consideration amount to be
adjusted in favour of the State Government shall be subject to the following. - The
equity of Rs.326.2 Crore (Dividends payable if any, by GRIDCO, for the first four years to
be ploughed back in shape of fresh loans);
- GRIDCO shall issue a Bond to State Government for an amount of Rs.400 Crore. The bond
shall not carry any interest for the first five years. This bond will comprise two parts
:-
i) Part A, comprising an amount of Rs.200 Crore to be converted to equity at the option of
the State Government in three equal instalments in the 6th, 8th and 10th years.
ii) Part B, for an amount of Rs.200 Crore which shall remain as debenture and shall carry
interest at the rate of 13 per cent per annum until redemption. The debenture shall be
redeemable over 15 (fifteen) years with a moratorium period of 5 (five) years. |
6.4.5
|
Partially convertible bond amounting
to Rs.150 Crore will be issued to Pension Trust Fund meant for the employees of OHPC and
GRIDCO transferred from the OSEB.
|
6.4.6
|
The initial equity of Rs.326.20
Crore consists of GOO loan of Rs.73.2 Crore and an additional amount of Rs.253 Crore on
account of part of revaluation of assets (Annex 2.5 attachment 3 of 5) of the Staff
Appraisal Report on Orissa Power Sector Restructuring Project of the World Bank dated 19th
April, 1996.
|
6.4.7
|
It is an undisputed fact that the
revaluation of assets of OHPC/GRIDCO has substantially raised cost of power of OHPC which,
in turn, resulted in enhancement of GRIDCO's cost of power procurement and the revenue
requirement of the transmission and distribution business of GRIDCO and DISTCOs. At para
8.4 of order No.009 dt.12.03.1997 in case No.4 of 1997, revaluation of asset was dealt
which is quoted below :- "Objections with regard to reform, restructuring and steps
for privatisation programme, and various facets of transfer scheme, revaluation of assets,
etc. are beyond the scope of this Commission as these have been done either in consequence
or through an Act of the legislature of which the Commission is a creature." |
6.4.8
|
The Conceptual Issues of Electricity
Tariff issued by OERC in August, 1998 in consultation with GRIDCO and with economists,
industry association, power professionals and consumer groups on asset valuation and its
treatment are reproduced as below :-
"If the overall revenue requirements are to be set using accounting costs, then what
measure of plant value should be included in the rate base component used in the
determination. There are four possible measures of plant value for the calculation of
the rate base viz. original cost less depreciation, reproduction or replacement cost less
depreciation, the value assigned by the Government when it was transferred to GRIDCO and
the certified values being produced by GRIDCO for privatization under the Companies Act.
The Commission first encountered this issue in the last GRIDCO tariff proceeding when it
had faced with a decision on whether to value GRIDCO's investment in plant at the original
cost at the time the property was put in service or at the value assigned to the
investment by the Government when it was transferred to GRIDCO. As new values are being
developed for the four distribution entities, this issue will surely come up again as
potential purchasers of the GRIDCO system consider the level of their offers.
While arguments can be made for the use of other measures of plant value for rate base,
the Commission has no choice but to accept the plant values certified by Government for
GRIDCO at the time of transfer of assets plus any prudent capital additions made by the
licensees at original cost less depreciation. The value set by Government under the scheme
to transfer assets from the erstwhile OSEB to GRIDCO formed the basis of the calculations
in the last consideration and the Commission will continue to use the transfer value until
it is demonstrated before it that regulatory principles or public interest requires a
change to be made. Such changes will not be made lightly as the Commission places
substantial weight on the principle of predictable and stable tariffs and tariff methods.
While GRIDCO agrees with the Commission that the total value of the zonal assets should
not exceed the total value of the distribution assets as set out in the Transfer Scheme as
adjusted for subsequent additions and depreciation, it may be worthwhile to use the
revalued fair price of the assets to avail of short- and long-term loan from financial
institutions. The latter will enhance creditworthiness of the licensee while tariff will
be based on depreciated book value as set out in the Transfer scheme adjusted for
subsequent addition & depreciation." |
6.4.9
|
In accordance with the policy
guidelines set out in the conceptual issues, the Commission used the transfer value for
the purpose of determination of tariff till 2000-01 but as stated earlier, the following
projections as per SAR (Staff Appraisal Report) of the World Bank did not materialize viz.
-
Projected load growth
-
Reduction of transmission and distribution loss
-
Efficiency in billing and collection
|
6.4.10
|
The Commission makes it abundantly
clear that it proposes not to disturb the revaluation of the asset which definitely
enhances the creditworthiness of the licensee including the privatised distribution
utilities. But the Commission has also to place substantial weight on the principle of
predictable and stable tariff affordable by the consumers. It has, therefore, become
imperative in the public interest to keep in abeyance the effect of the revaluation for
the purpose of determination of tariff until the sector turns around.
|
6.4.11
|
Hence, the Commission in exercise of
its power under Section 11 of the OER Act, 1995 advises the Government of Orissa to take
necessary actions to make suitable amendment to the transfer notification issued by the
Dept. of Energy, Government of Orissa order dt.1.4.96 so as to provide necessary support
for the success of the power sector reform in Orissa as per the details given hereafter.
|
6.4.12
|
As per para 5 (iii) of the transfer
scheme (SRO No.256/96) dated 01.4.1996 issued by Government of Orissa, the convertible
bond of Rs.766.20 Crore issued to the State Government by OHPC was not to bear any
interest for a period of five years. Since these bonds were issued as an adjustment
against the revalued assets, the Government may consider not claiming any interest for a
further period of five years or more depending on the sectoral turn around and make
suitable amendments to the relevant clause in the aforesaid notification.
|
6.4.13
|
Referring to the para 5(i) part-B of
transfer scheme, Rs.644.3 Crore meant for completion of Upper Indravati Hydro Electric
Project was not to bear any interest upto the completion of Upper Indravati HEP and
Potteru HEP. The interest accrued on the above loan during the year upto the commissioning
of Upper Indravati HEP should have to be capitalised. As per the aforesaid Government
notification, the work in progress of Upper Indravati HEP was shown as loan against OHPC
by the Government of Orissa.
|
6.4.14
|
In the PPA signed between OHPC and
GRIDCO in Annex-1 for the said PPA for the
purpose of tariff calculation of UIHEP the provision capital cost of the project has been
fixed at Rs.1195.42 Crore including Rs.131.685 Crore towards Dam cost as interest free
loan from the Government of Orissa. This Rs.1195.41 Crore comprises of Rs.895.561 Crore
i.e. 75% treated as the debt component of the project cost and rest 25% Rs.298.845 Crore
has been taken as equity.
|
6.4.15
|
The loan repayment schedule forming
part of the PPA shows the break up of the debt component of Rs.896.561 Crore as having
been financed from two sources. It shows Rs.320 Crore as loan from PFC carrying an
interest of 17.34% including a Government guarantee Commission of 0.5% and balance as
Government loan of Rs.576.561 Crore carrying an interest rate of 13%.
|
6.4.16
|
As indicated in para 6.4.2, the loan
of Rs.644.3 Crore given to OHPC at the time of transfer of undertakings on 1 April 1996
has gone up due to interest during construction. It is therefore necessary that Government
may make suitable amendments to para 5(i) part (B) of the notification stating that the
sum of Rs.576.561 Crore of debt to OHPC will not carry any interest till the sectoral turn
around. The notification also may clarify that as against the proposal of conversion of
Rs.500 Crore out of the Government loan along with the interest accrued thereon after
capitalization instead of being converted to equity only Rs.298.85 corre will be treated
as equity.
|
6.4.17
|
Thus, 5(i) para (B) and (ii) of the
said notification should be replaced to state clearly that the break up of the provisional
project cost of Rs.1195.42 Crore of UIHEP will be as under.
-
Rs.320 Crore as loan from PFC
-
Rs.576.561 Crore as Government debt carrying no interest from 1 April 2000 onwards till
a sectoral turn around.
-
Rs.298.85 Crore as Government equtiy
|
6.4.18
|
These measures will go a long way in
bringing down the cost of OHPC power.
|
6.4.19
|
The Zero Coupon Bonds issued to the
State Government for Rs.400 Crore by GRIDCO against revaluation of assets was not to carry
any interest for a period of five years. Suitable amendments may be made to the relevant
provisions of the transfer scheme notification allowing zero coupon bond to continue for a
further period of five years or more depending on sectoral turn around.
|
6.4.20
|
The Commission on its part would
like to take the following decisions in the matter of approval of PPA between OHPC and
GRIDCO in the public interest to bring down the cost of OHPC power and the cost of
transmission and distribution by allowing no return on equity of Rs.300.00 Crore created
on account of asset revaluation of old OHPC station until sectoral turn around.
|
6.4.21
|
However, the Commission will allow
appropriate rate of return on OHPC's own investment in R&M equity of Rs.22.56 Crore
and on the equity of Rs.298.70 Crore of UIHEP. Dividends if any payable for the first four
years should be ploughed back as fresh loan to OHPC by Government of Orissa.
|
6.5
|
Treatment
of Depreciation
|
6.5.1
|
As per Section 75-A sub-section 3 of
the Supply Act, 1948 for the purpose of preparation of the statement of accounts, the
depreciation is to be calculated at such rate as may be specified by the Central
Government by notification in the official Gazette in accordance with the provision of
Sec. 43(A).
|
6.5.2
|
The Government of India, Ministry of
Power in their notification dt.22.3.99 has notified that "In exercise of the powers
conferred by Section 51 of the Electricity Regulatory Commissions Act, 1998 (14 of 1998),
the Central Government hereby appoints in respect of the generating companies referred to
in clause (a) or clause (b) of Section 13 of the said Act and the States of Orissa and
Haryana, the 15 day of May, 1999 as the date on which sub-section (2) of Section 43A of
the Electricity (Supply) Act, 1948 (54 of 1948) shall be omitted."
|
6.5.3
|
The Government of India has stated
in their letter No.25/24/98-R&R dt.01.6.99 that "CERC and SERCs in the States
like Orissa and Haryana where Section 43A(2) has been dis-applied will, however, be
entitled to deviate from such tariff notification issued by the Government. In case of
such deviation, reasons will be recorded by the Commission. The Commission will adopt the
principles contained in the notification and modify them as the circumstances require.
However, the discretion has to be left to the CERC and SERC to follow the norms as they,
in exercise of quasi-judicial power, consider just and proper. In doing so, the norms of
operation and PLF laid down by the CEA will be a guiding factor and not a binding
factor".
|
6.5.4
|
Further, it was clarified in the
said letter that the power to determine the tariff includes the power to apply rate on
depreciation and other concepts such as reasonable return. When Section 43A sub-section 2
is deleted, it will not be assumed that the Central Government looses power to fix
depreciation principles for SEB. It merely means that Central Government will have no
authority to fix depreciation for the generating company dedicated to sell power to the
State Electricity Board or utility. Further, if the circumstances so warrant CERC or SERC
may for the purpose of determination of tariff allow a different rate of depreciation.
However, they will have to justify the same with reason.
|
6.5.5
|
Depreciation is an important
component of annual operating cost of the generating companies and it may constitute 20 to
25% of the annual expenditure, as compared to other elements of annual operating costs.
This expenditure is not a cash outgo for the companies but an adjustment affording a
higher rate of tariff for the generating companies for replacement of capital assets. In
the instant case, the capital assets have been revalued nearly 3 times than its historical
costs in case of OHPC. Hitherto the Commission has been calculating depreciation on
prevalent norms i.e. post'94 rate which has substantially raised the revenue requirement
due to the upfront-loading.
|
6.5.6
|
The Commission concurs with the
principle of recovery of 90% of the revalued asset of OHPC. The fact is that due to
acceptance of post'94 rate of depreciation the tariff of OHPC has gone up from 22
paise/unit to 49 paise/unit in 1996-97 and likely to mount to 72 paise unit as proposed by
GRIDCO for the year 2001-02 onwards. The predicament is such that due to the higher
tariff, GRIDCO has not been able to pay its dues to OHPC. At this juncture, the Commission
deems it prudent in the public interest to adopt a lower rate of depreciation as per the
provision explained in para 6.5.1 to 6.5.5 without jeopardizing the liquidity problem of
OHPC. Commission shall be determining the tariff of OHPC by calculating depreciation equal
to loan repayment to PFC alone. For the purpose of calculation of depreciation, the
principal payment on account of outstanding loan from the Government will not be
considered.
|
6.6
|
Depreciation of GRIDCO &
DISTCOs
|
6.6.1
|
As stated earlier, the objective of
revaluation for GRIDCO was to help the sector to provide more self-financing for new
investment with higher depreciation, which the owner could recover through tariff. The
provisions of the Sixth Schedule of the Supply Act, 1948 para VI(a) states "The
licensee shall provide each year for depreciation such sum calculated in accordance with
the principles as the Central Government may, after consultation with the Authority, by
notification in the Official Gazette, lay down from time to time".
|
6.6.2
|
In the instant case, depreciation is
being calculated at post'94 rate (accelerated rate) as prescribed by the Government of
India on the asset base that was revalued on 01.4.96 which has substantially raised the
revenue requirement of the transmission and distribution business. The Government of India
notification on depreciation issued in pre-1992 links the rate of depreciation to the age
of the asset. The Commission in the public interest decides that the licensees will be
allowed to recover 90% of the asset value within the life period of the asset as
determined in the Government of India notification of 1992. This will avoid front loading
of the tariff, but at the same time will ensure necessary cash flow for the licensee over
a longer period of time. Accordingly, the Commission directs that the depreciation of the
assets should be limited to 90% of the revalued cost of the assets. The depreciation
should be calculated from 01.04.2001 onwards after taking into account the extent of
higher depreciation already recovered during 01.04.1996 to 31.3.2001 at pre-92 rate.
|
6.7
|
Securitisation of Power Purchase
dues
|
6.7.1
|
In the ARR application form
No.TRF-3, GRIDCO has claimed an interest of Rs.114.19 Crore for the FY 2001-02 and
Rs.111.90 Crore for the FY 2002-03 calculated at the rate of 15% on power bond of
Rs.776.39 Crore as on 31.03.2002 as well as 31.03.2003.
|
6.7.2
|
The Commission in para 6.14.6 of the
BST order dated 19.01.2001 had observed that "Bonds amounting to Rs.667.56 Crore and
the Government loan of Rs.120.00 Crore for payment of OPGC dues are not meant for creation
of assets or improvement of efficiency or for expenses in respect of its licensed activity
for the current year. Notwithstanding the fact that the petition of the licensee for
securitisation of dues is pending before the Commission, it is decided that the interest
attributable to conversion of bonds and interest on loan against overdues of power
purchase payables are disallowed for the purpose of calculation of revenue requirement for
the FY 2001".
|
6.7.3
|
In OERC Order No. Case No.29 &
30/2000 dtd.16.03.2001 on FRP and securitisation, the Commission observed in the
concluding remarks that "the Commission grants in principle approval of the Financial
Restructuring Plan indicated in paras 12 and 13 of this order and plan for rescheduling of
loans as contained in their application dtd.19.09.2000 vide Case No.30/2000 dtd.30.09.2000
and 29/2000 dtd.19.09.2000 respectively. GRIDCO with the support of Government of Orissa
must plead with the Government of India and the funding agencies for one time settlement,
waiver of dues and fresh loans and after taking the results into account, implement the
financial restructuring plan to revive GRIDCO so as to put it on recovery path towards
viability".
|
6.7.4
|
Further, the Commission has
observed, "the retail tariff levels as proposed in the FRP is based on the BST
calculation. The projection are not taken into account the debt service due to the tax
free bonds to be issued by GRIDCO. On the other hand, they have proposed additional
borrowing to the tune of Rs.929 Crore in the year 2001 and further Rs.631 Crore in the
year 2002. This will definitely impact the BST as well as the retail tariff thus upsetting
some of the crucial FRP assumptions. We are not in a position to give clearance and
commitment for future tariff, as these will be dealt separately on a year to year basis in
accordance to the OER Act".
|
6.7.5
|
A submission was made on behalf of
GRIDCO during the course of the public hearing that GRIDCO has not been able to pay the
dues on generators due to non-payment by the DISTCOs to GRIDCO. The power purchase
payables as on 28 of February 2001 is given in Table : 10. Table
: 10
(Rs. in Crore)
Power Purchase Payables
(As on 28th Feb,2001 without March,01 bill) |
Central Sector Generators |
Principal outstanding |
DPS outstanding |
40% DPS applicable for securitisation |
Total outstanding for securitisation |
NTPC (Incl. TTPS) |
410.73 |
126.75 |
50.70 |
461.43 |
NHPC |
5.05 |
9.87 |
3.95 |
9.00 |
PGCIL |
11.39 |
- |
|
11.39 |
NALCO |
156.46 |
- |
|
156.46 |
Total CPSUs payables |
583.63 |
136.62 |
54.65 |
638.28 |
|
6.7.6
|
GRIDCO pleaded that NTPC has been
regulating power supply to Orissa due to non-payment of dues and in accordance with the
CERC order dated 11 January, 2002 a utility will be required to bear the fixed cost of the
generators in proportion to the share allocation during the period of energy regulation by
the central generators. In this situation, the liability of GRIDCO will further increase.
if the Commission does not reconsider its own decision of not allowing the interests on
account of securitisation of power purchase liabilities. In view of the regulation of
power by NTPC, it has become extremely urgent on the part of GRIDCO to create special
purpose vehicle for securitising power purchase liability of NTPC through issue of bonds
and the Commission may permit the interest on bond as a pass through in the revenue
requirement for the year 2001-02 and 2002-03. As indicated in para above, the Commission
being concerned about the mounting liabilities of GRIDCO accepts securitisation of current
liabilities as on 28.2.2001 payable to CPSUs like NTPC and NALCO through issue of new
bonds. In addition to this, the Commission also accepts the interest liability of the past
bonds issued by GRIDCO which was earlier disallowed.
|
6.7.7
|
The financial position of GRIDCO is
such that the liability on account of power purchase is on the rise as already indicated
earlier due to non-payment of BST bills by the distribution companies creating a debt trap
both for GRIDCO as well as for the generators. At the time of passing of the FRP order
indicated in paras 6.7.3 & 6.7.4 above the issue of pass through of the burden of
interest on power bonds on account of non-payment of power dues is required to be
addressed in this tariff order. The Commission has come to a conscious decision that
unless the power purchase liabilities are allowed to be securitised in full, the problem
of liquidity cannot be addressed. In any case, this has to be a one time settlement in
accordance with the policy followed at the national level where the GOI has very
categorically accepted the ground realities and allowed securitisation of power dues as
well as other dues payable to the GOI organisations by the SEBs. The case of Orissa is no
different except that it has taken an advance step of reforming its own power sector for
which SEB has been replaced by the GRIDCO and the DISTCOs. Accordingly, this principle
should be applicable mutatis mutandis to GRIDCO which is purchasing bulk power from
generators.
|
6.7.8
|
This will have the advantage of
retiring high cost debts carrying surcharge as high as 24% per annum, (DPS @ 2% p.m.) for
the central generators. Securitisation of these dues will reduce the interest burden to
8.5% as recommended by the Ahluwalia Committee in its report for one time settlement for
CPSU dues and accepted by the Government of India. The Commission would further expect
that the dues of CPSUs like NALCO and State PSUs line OPGC, OHPC should also be
securitised by GRIDCO in a similar manner.
|
6.7.9
|
As far as the recovery of interest
from DISTCOs is concerned, the analogy as applied for GRIDCO shall apply in this case,
since there is a back to back arrangement between GRIDCO and DISTCOs for recovery of the
institutional loans handed over at the time of separation of distribution business from
GRIDCO. Interest shall be calculated during the year 2002-03 on the loans and bonds
securatised carrying a lower rate of interest of 8.5%.
|