6.0
|
COMMISSIONS OBSERVATION
AND ANALYSIS OF LICENSEES PROPOSAL On detailed scrutiny and examination of
the RST application for the FY 2001-02 and the revenue requirement application for the FY
2002-03 along with clarifications submitted by the licensee before the Commission, the
written and oral submissions of the objectors and the views of the Members of the
Commission Advisory Committee, the Commission has passed the order, as detailed below. |
6.1
|
Scenario of the Power Sector
Reform in Orissa
|
6.1.1
|
All the distribution licensees have
made a strong plea that the sectoral survival is possible in the present Orissa situation
only when the input cost of power purchase is brought down by reducing the bulk supply
tariff charged by GRIDCO to the DISTCOs.
|
6.1.2
|
The State of Orissa was the first
to initiate power reform in the country. The Orissa Electricity Reform Act, 1995 was put
into the statute with a view to restructure the electricity industry in the state and
rationalize the generation, transmission, distribution and supply of electricity and to
create avenues for participation of private sector entrepreneurs and create infrastructure
for development and management of electricity industry in an efficient, economic and
competitive manner. Orissa Electricity Regulatory Commissionhas been constituted under the
Act for overseeing and regulating the affairs of electricity industry in the State
including rationalisation/setting of tariff.
|
6.2
|
Restructuring of the Power
Sector
|
6.2.1
|
Prior to coming into force of the
OER Act, 1995 on 01.4.96, the Thermal Station at Talcher of 460 MW capacity owned by OSEB
was sold to NTPC in June, 1995 at a consideration of Rs.356.00 Crore.
|
6.2.2
|
The OSEB was dissolved and
unbundled with the takeover of hydro stations owned by the OSEB and the Government by the
Orissa Hydro Power Corporation and its transmission and distribution business was taken
over by GRIDCO with effect from 1 April 1996.Thereafter, the distribution and retail
supply of electricity was vested in four distribution companies initially as wholly owned
subsidiary companies of GRIDCO. Three of these distribution companies were privatised on 1
April 1999 and the fourth one on 1 September 1999 after disinvestment of its 51% share.
The state owned Orissa Power Generation Corporation created in 1984 continued to operate
as a separate entity and managed the Ib Thermal Power Station of capacity 420 MW near
Jharsuguda.
|
6.2.3
|
The assets of the erstwhile OSEB
including those of the hydro generating stations were taken over by the State Government,
revalued and transferred to GRIDCO and OHPC. The upvalued amount was adjusted in favour of
the state Government through grant of equity share and issue of bondsbearing no interest
with a moratorium period of five years with provision of subsequent conversion in phases
into equity and issue of debentures bearing interest. Revaluation of assets was considered
to enable the Government of Orissa to realize more realistic value for its past investment
at the time of privatization and also enhance the creditworthiness of the utilities. The
revaluation was based on the revenue earning potential and was intended as a means of
raising revenue through higher level of depreciation, higher operation and maintenance
cost, higher return on equity for smooth functioning of the power sector. To sum up the
revaluation was also done with the objective of eliminating GRIDCOs and OHPCs
dependence on budgetary support from Government of Orissa.
|
6.2.4
|
The process of reform and
restructuring paved the way for commitment of World Bank loan of 350 US million dollars
for long term capital investment in the power sector in Orissa along with 65 million
sterling pound funding from the DFID to meet urgent needs of repair & maintenance
expenses and consultancy support. The World Bank also prepared a report known at the Staff
Appraisal Report in April 1996 on the Orissa Power Sector Restructuring Project and made
financial projections based on certain assumptions of power purchase, power sale, level of
transmission and distribution loss, collection efficiency and operating expenses which
envisaged that GRIDCO after meeting all costs will turn around from FY 1997-98 onwards.
There was no provision of transitional support whatsoever during this period. On the
contrary, State Government adjusted a sum of Rs.340.2 Crore payable to GRIDCO against the
upvaluation. All the liabilities of erstwhile OSEB were also passed on to GRIDCO based on
the above financial analysis and projections.
|
6.2.5
|
In reality, the projections did not
materialize as envisaged the financial health of GRIDCO is far from satisfactory as the
accumulated losses of GRIDCO has increased to Rs.1197 Crore by the year FY 1998-99 and is
likely to be upto Rs.1378 Crore by 2001-02. It faces acute liquidity problem as the
DISTCOs have paidto GRIDCO towards purchase of power only about 65.21% of BST bills upto
FY 2001 and 46.42% upto December 2001.
|
6.2.6
|
However, in the post-reform period
from 1 April, 1996 to 31 March, 2001, the state generators, namely, OPGC and OHPC have
earned profit of Rs.768 Crore in books which should have made them financially viable but
in reality, OHPC is faced with cash crunch due to non-payment of its energy dues by
GRIDCO.
|
6.2.7
|
Private capital has been infused in
the form of disinvestment of 49% of equity shares of OPGC (Rs.603 Crore), sale of 51%
share of distribution business of GRIDCO (Rs.159 Crore).
|
6.2.8
|
In OSEB days, the State Government
was required to provide necessary subvention under Section 59 of the Supply Act 1948 so as
to leave a surplus of not less than 3% to OSEB after meeting all expenses properly
chargeable to revenue including O&M and management expenses, taxes, depreciation and
interest etc. for sustenance of the power sector to meet its socio-economic obligations of
giving power supply to the vulnerable sections of the society but in the post-reform era,
the Government of Orissa has totally divested itself from the burden of such payment which
on a rough estimate would have come to Rs.2770 Crore had the OSEB continued as an entity.
|
6.2.9
|
The Commission reiterates its
observation made in the order dt.19.01.2001 that payment of subsidies are not in
consonance with the spirit of the Reform Act, 1995 but the State Governments
financial back-up in the form of subvention or subsidy during the transitional period
could have substantially eased the situation as has been realised and is being implemented
in many reforming States like Andhra Pradesh (Rs.1585 crore), Gujarat (Rs.1260
crore),
Uttar Pradesh (Rs.790 crore), Haryana (Rs.769.3 crore for one year) and Rajasthan
(Rs.3496.6 crore in four years), Delhi (@ Rs.500 crore per annum for five years),. This
was necessary because the social policies, such as, Rural Electrification, Lift
Irrigation, Kutir Jyoti carried out at the behest of the State as a matter of state policy
for the benefit of a larger section of the states population was continued in the
post-reform period and also tariff can not be made cost reflective in one go, as it would
generate a price shock to consumers.
|
6.2.10
|
The single most important factor
that raised the revenue requirement of all the licensees in the post-reform era was the
substantial rise in the cost of hydro power as well as in the cost of transmission and
distribution on account of revaluation of assets as on 01.4.96 and also providing an
accelerated rate of depreciation. Further, in the pre-reform era, power requirement of the
state was met mostly from sources within the State and limited procurement from Central
Generating Stations and CPPs. However, with the passage of time, the State became more
dependent on drawal of power from the Central Generating Station due to delayed
commissioning of the Upper Indravati Hydro Electric Project. The NTPC power remained
costlier as their power stations in the eastern regions were new stations and continued to
operate at low PLF accentuating the fixed cost per unit. On the revenue side the single
most important factor has been the lack of growth in Eht and HT loads as envisaged.
|
6.2.11
|
The forecast of consistent reduction
in transmission and distribution loss from an estimated level of 39.5% for the FY 1996-97
to 22.7% by the FY 2000-01 has not worked out. Even the initial assessment of loss as
39.5% for the FY 1996-97 turned out to be 49.4% as revealed from the audit report during
the corresponding year.
|
6.2.12
|
The transmission and distribution
sector continued to bear further financial liabilities due to interest burden on account
of debt servicing of past loans & liabilities and large scale investment in
transmission and distribution for improvement of quality of power supply without
corresponding rise in sale of power.
|
6.2.13
|
The anticipation that the impact of
revaluation of assets would be offset with the growth of EHT and HT loads has not worked
as the expected load growth like installation of steel plant at Gopalpur, Duburi projected
in pre-1996 era did not materalize coupled with recession in the industrial sector
severely hurting the anticipated growth at HT & EHT. Further, to make the matters
worse, the loads in the subsidised categories have increased. This has adversely affected
the revenues of the utilities.
|
6.2.14
|
The actual sale of 2760 MU to the
industrial HT & EHT bulk supply and railway in 2000-01 was far below the load
projection of 7009 MU for these categories made in the Staff Appraisal Report whichhas
seriously affected the revenue earning potential of the licensees, widened the gap between
the cost of supply and revenue realisation and reduced the scope of cross-subsidy to low
voltage classes of consumers.
|
6.2.15
|
Had the load projection contemplated
in the Staff Appraisal Report materialized, the revenue position of the utilities would
have been much better and it would have contributed to an overall reduction in T&D
loss figure.
|
6.2.16
|
Some HT/EHT consumers preferred
generation of power from their own Captive Power Plants rather than avail power from
DISTCOs on cost consideration though the Eastern Zone continues to be surplus in
generation.
|
6.2.17
|
Though collection efficiency is
around 98% to 99% in privately managed utilities like CESC, Calcutta and BSES. Bombay, the
DISTCOs in Orissa have achieved only 75% for 1999-00 and 76% for the year 2000-01. Their
failure to collect the revenue at the tariff permitted by the Commission from year to year
and to convert the lost units by regularizing unauthorized connection and reducing load
have magnified the liquidity problem.
|
6.2.18
|
The affordability of a large section
of consumers mostly from domestic, irrigation, small industrial segments, etc.
constituting more than 90% of the total consumers strength happened to be the weakest link
in attaining a cost based tariff structure, which in effect would result in reduction of
Industrial Tariff and substantial increase in LT Tariff.
|
6.2.19
|
It was expected that a vibrant
industrial sector would support and make the power sector self-sustaining for which no
provision was kept to provide financial support to GRIDCO during the transition year
though GRIDCOin its new incarnation was still required to undertake socially purposive but
unremunerative measures such as Rural Electrification and supply to the rural poor. The
states economy had received tremendous setback due to occurrence of natural
calamities like super cyclone, drought and flood in succession affecting both the
utilities and the consumers. Besides, the customer care of the distribution companies has
left much to be desired raising questions on efficacy of privatisation.
|
6.2.20
|
It may be reiterated that the asset
revaluation, absence of subvention from the Government, high level of transmission and
distribution loss, non-maturing of HT & EHT loads, coupled with poor billing and
collection of the distribution companies are the causes of imbalancing factors leading to
the losses in the GRIDCO and distribution utilities.
|
6.2.21
|
Therefore, it is felt that a mid
course correction of the Power Sector Reform in Orissa is urgently necessary to strengthen
the power sector in the interest of the consumers, investors and the states economy.
|
6.2.22
|
From 01.04.2001 onwards, the
moratorium period of five years allowed on the zero coupon bond issued to GRIDCO as well
as the convertible bonds issued to OHPC was to expire by 31 March 2001 and its treatment
like conversion of bond to equity and collection of interest on the balance portion of
bond in accordance with the Government Notification, and realization of interest on loans
allowed for completion of Upper Indravati and Potteru Hydro Electric Project would further
aggravate the situation by substantially raising the revenue requirement for the licensees
to meet the extra burden of interest costs. As disclosed from the revenue trend of last
five years even without the impact of the servicing of those bonds, the licensees were
neck deep in meeting their financial obligations and accretion of those new liabilities
would add to the further woes of the sector.
|
6.2.23
|
With this scenario in view, the
committee of independent experts (hereafter called the Kanungo Committee) appointed by the
Government of Orissa have very aptly recommended, as a mid-course correction, certain
measures setting aside the revaluation assets of OHPC, payment of interest to the
StateGovernment on the loans imposed on the licensees due to revaluation to provide
requisite support to the power sector for its resuscitation and among other things have
made the following significant recommendations :
-
Revaluation of GRIDCO and OHPC assets to be kept in abeyance till the system is brought
to balance.
-
State Government to agree to allow moratorium on debt servicing to the State except the
amounts in respect of loans from the World Bank.
-
An interim financial package amounting to Rs.3240 Crore (estimated) to be availed from
World Bank and the DFID to budge the cash gap in order to keep the tariff at the same
level for period 2001-02 go 2004-05.
-
Instituting regular systems of monitoring of consumer grievances and services
supplemented by test checks.
-
Setting up of Rural Engineering Planning Organisation (REPO) and Rural Electrification
Planning Units (REPU) under Government of Orissa to monitor RE and LI works.
-
At this point of crisis, all agencies such as State Government, the Central Government,
the World Bank and DFID should get together to rescue the reform process.
-
Reduction of distribution loss @ 5% p.a. with a base level of 42.2% in the year 2001-02.
-
Collection efficiency of DISTCOs to increase from 76% to 85% by 2004-05.
|
6.2.24
|
The inescapable conclusion emerges
from the aforesaid observation is that support for sectoral revival can be possible with
reduction in input cost to the distribution companies, which has occurred on account of
exponential rise in (a) cost of power (b) cost of transmission (c) cost of distribution.
The rise in power purchase cost has been more steep in respect of Orissa Hydro Power
Corporation (old stations) where the per unit cost of power purchase went up from 22
paise/unit as on 31 March, 1996 to 38 paise/unit as on 1 April, 1996 and49 paise/unit
between 1997-98 to 2000-01. GRIDCO has proposed to raise the cost of OHPC power to 72
paise/unit with effect from 1 April, 2001 as a result of expiry of the period of
moratorium on Government loans.
|
6.3
|
Strategies for Improvement of
Power Sector
|
6.3.1
|
Against this backdrop, the
Commission deems it fit to have a review of the various policy options being followed in
the post reform era in the best interest of the power sector in the state within the frame
work of existing Act, Rules and Regulations. In fact, Commission in its tariff order and
conceptual paper of August, 1998 had reserved the right to review those points at an
appropriate time.
|
6.3.2
|
In course of the hearings, the
utilities as well as some of the respondents spoke about the element of uncertainty and
risk inherent in an annual tariff setting exercise and they pleaded for introduction of a
multi-year tariff regime which would reduce such uncertainty. The Commission is conscious
of the need for greater certainty in the regulatory treatment of a host of issues having
direct impact on tariff setting. The Commission shall endeavour to set in motion a
multi-year tariffprinciple regime effective from April, 2003 for FY 2003-04 after wide
publicity and consultation with all the stakeholders. The Commission initiated preparation
of a five-year sectoral plan covering generation, transmission and distribution which will
provide key inputs to this exercise. The draft consultation document which is currently
under finalisation will also be brought out to facilitate the process of such consultation
and obtain comments from the various stakeholder.
|
6.3.3
|
The utilities have to improve upon
their own performance within a stipulated time frame by upgrading their managerial skills
and efficiency by scrupulously adhering to certain operational norms like reduction in the
level of loss, attaining certain level of billing and collection efficiency, setting a
target for investment and avoiding time and cost overrun in execution of projects, etc.
This calls fornot a single year target but fixing a target to be achieved over a control
period to provide a kind of predictability to the consumers and to their own shareholders
and to the Commission. The Commission considers it prudent and desirable to go for a
multi-year tariffprinciple regime for which the utilities should conform themselves to a
multi-year target setting in the areas stated above. The Commission also feel that the FY
2001-02 should be considered as the base year for all calculations as suggested by the
Kanungo Committee.
|
6.3.4
|
It is also felt at this stage
that steep hike in tariff would not be implementable. A reasonable level of tariff
rise that prescribes a competitive tariff for the industrial and commercial enterprises
coupled with rationalization of the tariff structure can help in growth of these
categories. This calls for support to the transmission and distribution utility in the
form of reduced cost input in the power purchase which can help in bringing about sectoral
revival including improvement in quality of supply and service to the customer.
|
6.3.5
|
The options available are :-
-
suggest and adopt means for neutralization of the effect of asset revaluation
-
For improvement of the liquidity of the licensee to examine the issue of securitisation
of power purchase liability of GRIDCO in respect of long term bonds in consonance with the
recommendations of Ahluwalia Committee.
-
direct the utilities to commit to definite and unambiguous target like reduction of
transmission and distribution loss in a time bound period.
-
confirmation from the utilities for achieving certain minimum level of collection and
billing from year to year.
-
direct the utilities to bring in working capital to take up required repair and
maintenance work.
-
determination of revenue requirement based on the level of transmission and distribution
loss, level of billing in collection in accordance with the parameters stated above.
|
6.3.6
|
The Commission considers the
necessity of certain short-term measures for immediate implementation to reduce the
revenue requirement of the utilities to contain the tariff rise at a reasonable level
without affecting the financial viability of the Generators, GRIDCO and DISTCOs. The
Commission, therefore, first would like to anaylise the impact of revaluation of assets
and explore means of neutralising its adverse effect in increasing the revenue requirement
of the utilities.
|
6.3.7
|
It is an undisputed fact that the
revaluation of assets of OHPC/GRIDCO has substantially raised cost of power from OHPC
which in turn resulted in enhancement of GRIDCOs 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." |
6.3.8
|
The Commission being acutely
aware of the adverse impact of upvaluation had dealt the issue in the conceptual paper for
tariff setting. Asset valuation and its treatment as per 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 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." |
6.3.9
|
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.
|
6.3.10
|
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.
|
6.3.11
|
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."
|
6.3.12
|
In accordance with the policy
guidelines set out in the conceptual issues, the Commission used the transfer values 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.
|
6.3.13
|
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.
|
6.3.14
|
Hence the Commission in exercise of
its power under Section 11 of the OER Act, 1995 advises the Government to take necessary
actions to make suitable amendment to the transfer notification issued by the Deptt. of
Energy, Government of Orissa order dt.1.4.96 as mentioned in para 6.3 (a) and (b) so as to
provide necessary support for the success of the power sector reform in Orissa.
|
6.4
|
Depreciation of Distcos
|
6.4.1
|
Government of India, Ministry of
Power in their letter dt.01.6.99 addressed to the CMD, OHPC stated that the rates of
depreciation as notified by the Central Government can only be a guiding factor and not be
a binding factor on the Regulatory Commission. If the circumstance 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 reasons.
|
6.4.2
|
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 SEBs. It merely means that Central Government will have no
authority to fix depreciation for the generating company selling power in SEB for the
State.
|
6.4.3
|
As stated earlier, the objective of
revaluation for GRIDCO that also included the distribution business 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". 1
|
6.4.4
|
In the instant case, depreciation
is being calculated at post94 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.
|
6.4.5
|
Securitization of Power Purchase
dues: In OERC Order No. Case No.29 & 30/2000 dtd.16.03.2001 on FRP and
securitisation, the Commission observed in the concluding remarks "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 GOO must plead with the GOI 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 revise GRIDCO so as to
put it on recovery path towards viability".
|
6.4.6
|
Further, the Commission has
observed, "the retail tariff levels as proposed in the FRP is based on the BST
calculation. The projection has 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".
|
6.4.7
|
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 to generators due to non-payment by the DISTCOs to GRIDCO. The power purchase
payables as on 28 of February 2001 is given below : Table : 5
(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 |
|
6.4.8
|
GRIDCO pleaded that NTPC has been
regulating power supply to Orissa due to non-payment of dues and in accordance with the
CERC order dt.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 securitization 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 securitizing 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, 6.4.5 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 provided these bonds are
converted in line with recommendation of Ahluwalia Committee.
|
6.4.9
|
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 para 6.4.5 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.
|
6.4.10
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This will have the advantage of
retiring high cost debts carrying surcharge as high as 24% per annum, (LPSC @ 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 should also be securitised by GRIDCO in a similar
manner.
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6.4.11
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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 pass bonds
securatized carrying a lower rate of interest of 8.5%.
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