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.
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6.1
|
Scenario of the Power Sector Reform in Orissa
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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.
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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.
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6.2
|
Restructuring of the Power Sector
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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.
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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.
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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 GRIDCOs and OHPCs dependence on budgetary support
from Government of Orissa.
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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.
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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.
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 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.
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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.
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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.
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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.
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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 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.
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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.
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6.3
|
Strategies for Improvement of Power Sector
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6.3.1
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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.
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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.
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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.
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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.
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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
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.
|
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
|
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.
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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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