| 6.0 | COMMISSION'S OBSERVATION AND ANALYSIS OF
    LICENSEE'S 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 Commission has 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 take over 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
    1st 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 1st April 1999 and the fourth one
    on 1st 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 bonds bearing 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 GRIDCO's and OHPC's 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 paid to
    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 Government's 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 state's 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 materialize 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 which has 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 GRIDCO in its new
    incarnation was still required to undertake socially purposive but unremunerative measures
    such as Rural Electrification and supply to the rural poor. The state's 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 state's 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 State Government 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 bridge the cash gap in order to keep the tariff at the same
        level for the period from 2001-02 to 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 act 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 tariff principle
    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
    for not 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
    tariff principle 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
    analyse 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 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." | 
  
    | 6.3.8 | 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". | 
  
    | 6.4.4 | In the instant case, depreciation is being calculated at
    post'94 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 | Securitisation 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 | 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. | 
  
    | 6.4.11 | 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%. |