GOVERNMENT OF INDIA
MINISTRY OF POWER
SHRAM SHAKTI BHAWAN, RAFI MARG
NEW DELHI-110 001

9th October, 1995

P. ABRAHAM
SECRETARY
D.O. NO. 6/1/Tariff/Captive Power/95

Dear Shri
Subject: Private Power Promotion through Captive Power /Co- generation route.

Since the announcement of private power policy of the Government of India in 1991, a number of proposals, including a large number of proposals from foreign promoters, have been received through Independent Power Producer (IPP) route. However, as the gestation period for large power projects is long, we will be able to complete very few projects in the near future and, therefore, we would face huge shortage of power. At the end of 1996-97, the energy shortage is visualized at 15% and peaking shortage at 30%.

2. There is a need, therefore, to open an alternative route other than Private Generating Company, where the industries themselves will be interested to meet their own power demand by pooling resources together. Captive Power Plants offer such an alternative. The captive power plants of industries may be allowed to sell their surplus power, if any, to the Grid, on a remunerative tariff, as per mutually agreed terms. Setting up of captive power plants would quickly add to the generating capacity in the country. I would also like to add that Co-generation and small power production is an important ingredient of private power policy in a number of countries.

3. Few developing countries, in their recent restructuring process of the electricity sector have brought out important changes, among others, open access to the transmission system of the State grid on payment of mutually agreed wheeling charges for facilitating new entrants in the power sector on the captive power/co-generation route. The States can assure such an entry to the new proposed captive/co-generation power plants.

4. You may, therefore, create an institutional mechanism which may allow captive power units an easy and automatic entry into the Power Sector by quickly clearing captive power applications by State Governments, and giving them rational tariff for purchase of surplus power by the grid and third party access for direct sale of power to the other industrial units.

With best wishes,

Yours sincerely,

Sd/-
(P. ABRAHAM)

To

All Chief Secretaries

COGENERATION POWER PLANTS

TO BE PUBLISHED IN THE GAZETTE OF INDIA
EXTRAORDINARY
PART I-Section 1
PUBLISHED BY AUTHORITY
Ministry of Power
RESOLUTION
A-40/95-IPC-I

New Delhi, Dated: 6th November , 1996

Subject : Promotion of Co-generation Power plants

1.0 Introduction

1.1 Since the announcement of private power policy of the Government of India in 1991, a number of proposals, including proposals from foreign promoters, have been received through Independent Power Producer (IPP) route. However, as the gestation period for large power projects is long, it would be possible to complete very few projects in the near future and, therefore, we would face huge shortage of power. At the end of 1996-97, the energy shortage is visualized at 15% and peaking shortage at 30%.

1.2 It is, therefore recognized that there is an urgent need to open an alternative route, other than Private Generating Company, where the industries themselves will be interested to meet their own power demand by pooling resources together. Captive Power Plants, because of the inherent benefits offered by them, were considered as one such alternative route. Accordingly, State Governments were requested to accord high priority to setting up of captive plants in their States and also encourage absorption of the available surplus power, to be remunerative tariff. A detailed guide line to this effect was issued through a letter to All Chief Secretaries of States from the office of the Secretary (Power), Government of India (D.O. NO. 6/1/Tariff/Captive Power/95, 9th October, 1995).

Through a subsequent communication (DO No.A-31/94-IPC dated January 30, 1996) regarding clearance process for captive power projects, it was clarified that the captive power plants of any other persons [including juristic persons and excepting generating companies] are not subject to the provisions of Section 29(2) of the Electricity (Supply) Act. Section 43(1) of the Act provides that the Board may enter into arrangement with any person producing electricity within the State for the purchase of the power on such terms as may be agreed, of any surplus electricity which that person may be able to dispose of. However, as per Section 44(2A) the Board shall consult the authority in cases where the capacity of new generating station, or as the case may be additional capacity proposed to be created by the extension or replacement exceeds 25 MW. Hence, in terms of Section 44 of the Act, captive power/cogeneration plants require the approval of the State Electricity Board only.

The Board has to simply refer the proposal to the Central Electricity Authority for consultation, under Section 44(2A) of the Act, in cases where the capacity of the new generating station exceeds 25 MW. Ministry of Power, Government of India, identifying the need for some rationale for fixing of the tariff for the captive power plants had suggested setting up of an institutional mechanism allowing captive power units an easy and automatic entry into the state grid and announcement of a mutually-agreed, rational rate of purchase of incremental power generated by the captive plants (not lesser than the variable cost of power and not greater than that allowed under the two-part tariff notification).

1.3 It is generally recognized that industry in general and a process industry in particular needs energy in more than one form and if the energy requirements and supply to the industrial units are carefully planned the overall efficiency of a very high order is possible to achieve. With the combined objectives of promoting better utilisation of precious energy resources in the industrial activities and creation of additional power generation capacity in the system, encouragement to co-generation plants in the
country is being suggested.

2. Definition of Cogeneration

2.1 A cogeneration facility is defined as one which simultaneously produces two or more forms of useful energy such as electric power and steam, electric power and shaft (mechanical) power etc. Cogeneration facilities, due to their ability to utilize the available energy in more than one form, use significantly less fuel input to produce electricity, steam, shaft power or other forms of energy than would be needed to produce them separately. Thus by achieving higher efficiency, cogeneration facilities can make a significant contribution to energy conservation.

3. Objectives of the Policy

3.1 As electricity and heat are fundamental inputs to most of the industrial activities the present policy strives to achieve the dual objectives of achieving higher efficiency in fuel use in the industry as well as the availability of surplus electricity to the State grid, by combining power and heat generation for industrial use.

4. Process for creation of Cogeneration Facility

4.1 With a view to promote setting up of cogeneration plants, it is proposed that the industry having cogeneration potential would be allowed to develop a power generating facility without necessarily going through the competitive bidding process, for projects of any size. In addition, in such cases the projects for the purpose of CEA clearance would be treated in the same way as any proposal for setting up of captive plant is required to be treated by the State Government under section 44 of the Electricity (Supply) Act, 1948.

5. Cogeneration Plants

5.1 Two basic cogeneration cycles have been identified:

1. Topping Cycle: Any facility that uses fuel input for power generation and also utilizes for useful heat for other industrial activities. In any facility with a supplementary firing facility, it would be required that the useful heat, to be utilized in the industrial activities, is more than the heat to be supplied to the system through the supplementary firing by at least 20%.
2. Bottoming Cycle: Any facility that uses waste industrial heat for power generation by supplementing heat from any fossil fuel.

6. Qualifying Requirements

6.1 A facility may qualify to be termed as cogeneration facility if it satisfies certain operating and efficiency standards which are explained below.

(I) Qualifying Requirements for Topping Cycle:

The qualifying requirements for topping cycle would depend on the type of fuel used as the overall efficiency levels likely to be achieved for power generation varies with the choice of fuel. Essentially, any cogeneration facility meeting the efficiency requirement will be more efficient than any combination of separately generated electricity and steam using the state-of art- technology. As such while setting the efficiency standards, the achievable efficiency in case of a particular fuel has been kept in consideration. In addition, for all cases of cogeneration facility, it would be required that at least 20% of the total energy output is
in the form of useful thermal energy.

As the cogeneration project would be feeding power to the state grid, in order to maintain grid stability and facilitate proper planning of the power system, it would be required that the cogeneration facility must be available to supply at least 5MW of power for at least 250 days in a year.

(a) Using coal as fuel

Assuming that the achievable thermal efficiency for power generation using coal as fuel hovers around 35% while the boiler efficiency for steam generation observed in Indian industries is about 90%, the efficiency standard set for any cogeneration facility is as under:

The sum of useful power output and one half the useful thermal output be greater than 45% of the facility s energy consumption.

(b) Using Liquid Fuel

Assuming that the achievable thermal efficiency for power generation using liquid fuel based combined cycle power generation system is about 50% while the boiler efficiency for steam generation observed in Indian industries is about 85-90%, the efficiency standard set for any cogeneration facility is as under:

The sum of useful power output and the useful thermal output be greater than 65% of the facility s energy consumption.

(c) Refinery Bottoms as fuels

Refinery Bottoms or those by products of refining process would be permitted to be used as fuel for cogeneration facilities to be set up by any petroleum refining unit which can not be easily marketed due to transportation problems or due to low heat content. However, to qualify as a cogeneration plant, the sum of useful power output and one half the useful thermal output be greater than 45% of the facility s energy consumption. And in any calendar year, not less than 90% of the total heat input for the facility should come from refinery residue or the refinery bottom.

(ii) Qualifying Requirements for Bottoming Cycle

In case of bottoming cycle, the total useful power out put in any calendar year must not be less than 50% of the total heat input through supplementary firing.

7. Tariff fixation

7.1 While fixing tariff from a cogeneration plant, the basic consideration would be to share the benefits of higher efficiency. In addition, the other advantage available to the industry is availability of assured supply of power and possibly at a tariff lower than what the SEBs normally charge from their industrial consumers due to cross subsidization. On the other hand SEBs also stand to benefit from the fact that they qet surplus power at a rate lower than the marginal cost. However, in the bargain SEBs would have to let go some of their good customers. The tariff should, therefore, reflect these issues.

7.2 The tariff can be fixed by the SEB by making adjustments for the higher efficiency and applying the same on the marginal cost of generation. Accordingly, the SEB can notify an acceptable tariff, reflecting the modified marginal cost of generation and pay at that rate for the life of the plant barring major fuel price escalations.

7.3 Alternatively, the SEBs may chose to notify the first year tariff in two parts, fixed and variable, and announce an tariff escalation formula considering the fact that with the servicing of debt, recovered through depreciation, the fixed cost component comes down every year and at the same time the fuel cost increases due to fuel escalation.

7.4 However, realizing the fact that ultimately the power sector would be required to move away from the cost based tariff structure, to get the full benefits we can probably use cogeneration plants for this switch over as even if there is slight error in fixing of the marginal tariff the damage would be very limited and can be corrected quickly in the subsequent cogeneration plants. This would also provide useful bench marks for other major IPPs.

7.5 In case of topping cycle plants using refinery bottom as fuel, the tariff would be fixed by the SEB on negotiated basis, providing for recovery of fixed costs of the power generating facility and the variable cost which could be determined by making adjustments for efficiency factors and other operational factors. Typically, the tariff for such plants may be represented by

Tariff = FCC + 0.8*Variable cost

8. Procedure for Obtaining Qualifying Status

8.1 The Qualifying Status to any facility would be granted by the State Government. The power producer would be required to submit the necessary documents to the State Government/SEB to establish fulfillment of the qualifying requirements in terms of efficiency criterion, choice of fuel, power generation technology and the stages of heat absorption in the industry.

9. Generation Schedule

9.1 As the availability of surplus power to be fed into the State grid will vary during the day depending on the operating cycle of the industry and may also vary with season if the industrial operations are season specific such as sugar mills etc. the power producer and the SEB/State Government would be required to mutually work out the schedule for power supply to the grid considering the industry and grid requirements. sd/-

(P. ABRAHAM)

Secretary to the Government of India

CAPTIVE CIRCULAR

The captive power policy is refined from time to time to encourage such plants to meet immediate shortages. The circular of January 9, 1997 is one more initiative to encourage captive generation

1.

January 9, 1997

D.O No. A-31/94-IPC

Dear

Government has made competitive bidding mandatory for solicitation of proposals for Independent Power Projects (IPPs) and clarified vide D.O of even number dated 18.1.1995 from Secretary (Power) that all future projects should come through the process of competitive bidding. The Central Electricity Authority was asked not to entertain in future proposals which have not been processed through the competitive bidding procedure.

2. Government of India have also, vide its letter of even number dated 9th October, 1995, emphasized the need to open an alternative route other than the private generating companies where the industry themselves would be interested to meet their own demand by setting up captive power plants. Subsequently, vide letter of even number dated 30th January, 1996, it was clarified that proposals regarding captive power plants to be setup under the provisions of Section 44 of Electricity (Supply) Act,1948 would not come under the purview of Section 29-31 of the Act which relate to CEA s detailed scrutiny of proposals and techno-economic clearance. The intention was that, in view of the large demand supply gap, existing industries would be encouraged to set up their own captive power plants to add quick capacity in the electricity supply industry.

3. Though we had received a positive response from the States and the industrial houses, it has been suggested by some States to the Government of India that some of the industries, though keen to set up power plants captive to the use of the industry, find it difficult to set up the power plants through the existing companies as they do not have the requisite expertise in the field of development of power plants and their operations as well as the inability of some of these companies to bear the heavy investment cost. Setting up of the power plants by an independent entity, either within the premises of the existing industry/factory or without, has, therefore, been favoured, with the total power generated dedicated to the existing industry/groupof industries but without envisaging any sale of power to the State grid. However, these would be generating companies by definition (hence an IPP) and the government of India instructions dated18.1.1995 referred to above require that selection of the IPP be through competitive bidding by the State Government or the State Electricity Board (SEB). This is not being preferred by the industry as the power plant to be set up exclusively for the supply of power to the industry, mostly within the existing premises, at mutually agreed tariff, and, therefore, they would prefer to have the choice to negotiate with parties on a bilateral basis instead on the IPP being selected through Competitive Bidding by the States or the SEBs.

4. Government have considered the above suggestion and decided that, in order to facilitate setting up of generating stations by IPP exclusively for the captive use of an industry or a group of industries, without involving any sale to State grid, the selection of such IPPs through competitive bidding by the States or the SEBs would not be required and the provision contained in letter dated18.01.1995 is relaxed to this extent.

With best wishes,

Yours sincerely,
Sd/-
(P. Abraham)

Dr. E.A.S. Sarma

Secretary (Power)

D.O. No. 4/1/97-IPC-II

New Delhi dated January 19, 1998

Dear

Please refer to D.O. letter No. A-31/94-IPC dated January 9, 1997 from Ministry of Power, advocating setting up of generation facilities by Independent Power Producers (IPPs) exclusively for the captive use of an industry or a group of industries, without involving any sale to the State Grid. Such measures can readily result in additions to the existing generating capacities. In fact, a few States have tried this approach and have been able to set up power projects, jointly owned and operated by industrial consumers in their respective areas.

2. You are aware of the urgent need to add new generation capacity to meet the rapidly increasing demand for electricity. As of now, there are 31 power projects in the private sector which have been accorded techno-economic clearance by the Central Electricity Authority and are awaiting financial closure. The main constraint in most of these cases is the reluctance on the part of lenders to extend loan assistance to the IPPs beyond what the escrow limit of a State permits. As a result of the subsidized tariff structure of the SEBs, you are aware that the escrow ability of most states is low, making it difficult for the IFIs to sanction loans to finance the project.

3. To some extent, the problem could be mitigated, if groups of existing and new industrial consumers could come together and jointly set up and operate captive power projects for meeting their captive requirements, with the supply to the grid being restricted to the minimum. For this purpose, as has been done in AP and Gujarat, these consumers could be located at different places, but at the same time, could constitute a joint venture and wheel power from the generating station to the consumer end, subject to satisfactory commercial arrangements being firmed up with the concerned SEB.

4. Kerala and Maharashtra have recently announced schemes involving captive power projects (Annexure 1.1 & 1.2). Such an arrangement could provide additional generation capacity without the State Governments having to provide guarantees/Escrows. An assessment has recently been made of the total energy generated by captive power plants in 1994-95 in various States in the country as well as the installed generating capacity in certain selected States. The details are at Annexure II.1 & II.2. From this, it is evident that the total captive capacity in the country is more than 11,000 MW and most of the captive power plants in the country have low levels of capacity utilisation. From the information contained in Annexure-II, it appears that the captive generation capacity in your State is around _______ MW. (As per Annexure-II). I would suggest for your consideration that the State Government may adopt a captive generation policy that will facilitate the maximum use of the available capacity to meet the increasing demand for electricity in the State. While there are different approaches to this, as is reflected in the policy initiatives taken by Maharashtra and Kerala, I would request you to consider adopting, among other things, differential peak/off-peak tariffs with time-of-the-day metering to facilitate utilisation of this capacity to the maximum extent during the peak hours in your State. With many States having to go in for power projects based on expensive liquid fuels, captive capacity on which investment has already been sunk could perhaps offer a cheaper mode of electricity supplies to bridge the gap between supply and demand.

5. I request you to evolve a captive generation policy and let us know the tangible steps taken by your Government in this regard.

With regards,

Yours sincerely,
Sd/-
(E.A.S. Sarma)

To

All Chief Secretaries/Secretary (Energy)/Chairmen, SEBs

Chairman, Central Electricity Authority.

Policy Guidelines of Government of Kerala for Installation of Captive Power Generation

1. Applicants eligible for captive power generation

1.1 Software/ Hardware technology parks declared by Government.

1.2 Techno parks declared by Government.

1.3 Industrial parks declared by Government.

1.4 Kinfra parks established/declared by Government.

1.5 Industrial estates declared by Government.

1.6 Industrial growth centres declared by Government/ Kerala State Industrial Development Corporation.

1.7 Export Processing Zone declared by Government.

1.8 Existing licensees.

1.9 Existing Industries.

1.10 New Industries.

2. Capacity of Captive Power Plant (CPP):

Minimum: 3 MW Maximum: 25 MW

3. Generation voltage and frequency:

The CPP shall be three phases,50 Hz, 11 Kv.

4. General conditions

The applicants in items 1.1 to 1.7 are allowed to install CPP for the use of the consumers within the Parks/Estates/Centres. Those applicants can sell the power generated from the CPP to the consumers within the Parks/Estates/Centres. For this purpose, the applicants will be declared as sanctioned holders. They shall apply to Government for declaring them as sanction holders as per Section 28 of the Indian Electricity Act, 1910 and obtain sanction.

5 Statutory sanction/clearance.

It is the responsibility of the applicants who desires to install CPP to obtain all statutory clearances/ sanction from the respective authorities.

6. Consumption and sale of energy

6.1 The Kerala State Electricity Board will not purchase energy from the CPP having the capacity of less than 3 MW.

6.2 The owners of the CPP can consume the energy generated from the CPP for their own use. They shall not sell energy generated from the CPP to anybody else other than the KSB Board. The KSB Board will purchase the energy generated from the CPPs fully or the excess quantity. The purchase price will be at the rate determined on mutually agreed terms.

6.3 as far as licensees are concerned, they can sell energy generated from the CPP to the consumers within the licensee=s area and also to the KSB Board. But the licensees shall not sell the energy generated from the CPP to anybody else other than the consumers within the licensee area or KSB Board. The selling price of energy to the Consumers within the area of the licensee shall be determined by the licensee. But the selling price of energy to the KSE Board will be determined on mutually agreed terms.

6.4 the licensees/sanction holders having CPP can purchase energy from KSE Board. But the licensee/sanction holder will not get the privilege of grid tariff for this purchase. The price will be at the rate determined by the Board.

6.5 the KSE Board will sell the energy purchased from the CPPs back to CPPs at a pooled price determined by the KSE Board and taking into consideration the price at which energy was purchased from the CPPs.

6.6 KSE Board will not purchase energy from the CPPs between 2200 hours and 0500 hours.

7. Sanction for installation of CPP.

7.1 The Deputy Chief Engineers, Transmission Circles in the respective shall be authorized to accord sanction for installation of CPPs having capacity less than 3 MW for which applicants have to send the applications to the respective Deputy Chief Engineers, Transmission Circles. The Depty Chief Engineers will give a decision within one month, failing which it will be presumed that he has no objection and the applicants can go ahead with installation of generators.

7.2 Sanction for installation of CPPs having capacity 3 MW and above shall be accorded by the KSE Board. The applications in such cases shall be sent to the Chief Engineer (Thermal & Commercial) Vaidyuthi Bhavan, Pattom. The K.S.E.B. shall communicate a decision within 45 days, failing which it will be presumed that KSEB has no objection for installation of generators.

8. Banking of energy

The excess energy generated from CPP wheeled to the KSEB grid can be banked for a period not exceeding one month from the date of wheeling. The Board will charge 2 paise per unit for the energy banked per month or part thereof. Banking is not permissible between 2200 hrs. and 0500 hrs.

9. Settlement of Bills

The energy transaction will be billed and settled on monthly basis by the Special Officer (Revenue), KSEB

10. Grid Discipline

The owners of CPP have to abide by grid discipline and will not be entitled for any compensation in the event of grid failure due to force-majeure conditions, fluctuation in voltage, frequency or other reasons. The same condition will apply for synchronization of CPP with KSEB grid

11. Metering

11.1 The owners of CPP have to install Time of-Day meter having import-export registering facility and allied equipments at their cost in the nearest 66 KV, 110 KV or 220 KV sub station of the KSE Board, where the power from the CPP is wheeled to the KSEB grid. The meter and allied equipments will be the property of the owners of the CPP. It is their responsibility for their upkeep and replacement. If the meter and or the allied equipments become defective or cease to register the quantity of electricity the, owners of CPP shall replace it by a good meter /equipment within one month of they becoming defective /ceases to register. If the owners of CPP fails to replace the defective meter/equipment within the said period of one month, the KSE Board will discontinue the purchase or sale of energy from the CPP until the meter / equipments is replaced by good meter/equipments.

11.2 The KSE Board will provide a check meter near to the very same location where the owner of the CPP has installed his own meter.

12. Method of billing

The method of billing of the energy transaction will be as per the guidelines issued by the SREB for the interstate exchange of energy. The same procedure will apply during the period when the meter or the allied equipments of either parties are defective or cease to register the quantity.

13. Calibration of the meters

The meters installed by both the parties will be jointly calibrated before installation. The recalibration will be done jointly once in every six months from the date of installation. If recalibration is found necessary for a lesser period due to any reason, it shall be done jointly.

14. Interfacing with KSEB grid

14.1 The CPPs having capacity of 3 MW and above alone will be permitted to be synchronized in the KSE Board Grid Substation. The synchronization shall be done at the agreed voltage as per the scheme approved by Chief Engineer. The owner of the CPP shall send detailed scheme to the Chief Engineer (thermal & Commercial), Vaidyuthi Bhavan, Pattom, Thiruvananthapuram.

14.2 The equipments for synchronization, control, protection step up /step down transformer and inter locking shall be purchased and installed by owner of the CPP at his cost.

14.3 The owner of the CPP has to construct the transmission line at his cost for wheeling the power generated from the CPP to the nearest 66 KV, 110 KV or 220 KV grid substation of the KSE Board.

15. Independent use of power from CPP

If any industry or licensee wants to install captive power plant for its own use independently, there shall not be any possible inter connection between its load fed by its generation and KSEB supply. The industry or licensee shall purchase and install change over switch or circuit breaker with inter lock at its cost, as per the scheme approved by the Chief Engineer (Generation) for which detailed scheme shall be sent to the Chief Engineer (Generation).

16. Reduction of contract demand

No reduction in contract demand and or rebate in MP charge shall be allowed in proportion to the energy wheeled or sold to KSE Board.

17. Power supply during shut down/maintenance of CPP.

The KSEB will supply the power required for the construction of CPP at the rate applicable to other consumers to whom KSEb sells power. The owner of the CPP has to remit the cost of construction of the power line / installation of all equipments in advance. The power supply will be provided on out of turn priority.

18. Construction Power

The KSEB will supply the power required for the construction of CPP at the rate applicable to other consumers to whom KSEB sells power. The owner of the CPP has to remit the cost of construction of the power line /installation of all equipment in advance. The power supply will be provided on out of turn priority.

19. Fuel

The owner of the CPP can use any fuel permitted by the Government of India or any other statutory authority. Non conventional sources can also be used as per the terms laid down by the competent authority. The tariff for the power generated will be worked out on mutually agreed terms subject to the notification dated 30.03.92 of Government of India and its subsequent amendments, if any. It is the responsibility of the owner of the CPP to obtain fuel allocation and all other clearances.

20. Commitment charges

If the owner of the CPP wants to keep the KSEB supply as stand-by, he has to pay to KSEB, stand by commitment charge which will be equal to double the demand charge applicable as per the tariff notification issued by KSEB from time to time for the voltage class applicable to other consumers. This is in addition to energy charge.

21. Electricity Duty

The owners of the CPP are exempted from payment of Electricity duty for the energy generated and consumed by their units for a period of next five years. But they should pay electricity duty for the energy sold outside their jurisdiction allowed by these rules.

22. Subsidy / Finance

The KSE Board will not pay any subsidy or render any financial assistance to the owners of the CPP for the installation of the power plant.

23. Tariff Concession / Subsidy / Incentives

In respect of industries eligible for concessional tariff / incentives subsidies the KSE Board will to take into account concession / incentives / subsidies for determining the tariff for the power purchase by the KSE Board from CPP or sold to them.

24. Land

The land whether private or Government required for installation of CPP has to be purchased by the owner of the CPP.

25. Exemption from power cut

The owner of the CPP can consume the power generated from the captive power plant without any restrictions during the period of power cut for their own use or use of their consumers.

26. Wheeling charges and loss on Transmission

Wheeling charge at two percent (2%) of energy wheeled an Transmission loss at ten per cent (10%) of the energy wheeled will be debited to the account of the owner of the CPP.

27. Penalty for low power factor

27.1 The owner of the CPP has to install suitable meter to record the power factor of the CPP at his cost. If no such meter is installed, the power factor shall be determined by taking the ratio of the reading of the Kwh and KVAh taken monthly.

27.2 The power factor of the CPP shall be maintained not less than 0.95 lag by the / owner of the CPP at his cost, if it drops below 0.85 lag, the selling price of energy by the owner of the CPP to his consumers or to the KSE Board shall be reduced as indicated below :-

Below 0.85 lag up to 0.75 lag

2% of the energy charge for every reduction of 0.01 power factor from 0.85 lag.

Below 0.75 lag

3% of the energy charge for every reduction of 0.01 power factor from 0.85 lag.

Should the power factor drop below 0.75 and so remain for a period of two consecutive months it must be brought to not less than 0.85 within a further period of six months by the owner of the CPP failing which without prejudice to the right of the Board to reduce the selling price of energy from the CPP and without prejudice to such other rights as having accrued or any other rights of the Board, the wheeling of the power generated from the CPP to the KSEB grid, synchronization with the KSEB grid and purchase of power by KSEB will be discontinued.

28. Submission of applicable

The parties interested in installation of CPP have to submit the applications to the Chief Engineer (Thermal & Commercial) KE Board, Vaidyuthi Bhavan, Pattom, Trivandrum 695004.

29. Time of completion of the project

The owner of the CPP to whom approval has been granted by the Board shall commission the CPP, synchronize with KSEB grid and put into commercial operation within one year of the date of approval of the scheme by the Board failing which the KSE Board will not purchase the power from the CPP.

30. Agreement

The owner of the CPP to whom sanction has been accorded has to execute an agreement with Chief Engineer (Thermal & Commercial)

STATEMENT-I

ENERGY GENERATION BY CAPTIVE POWER PLANTS

(FINANCIAL YEAR 1994-95)

STATEMENT-II

Government of Maharashtra
Industries, Energy and Labour Department
Government Resolution No. MISC 1195/CR-8/NRG-7
Mantralaya, Mumbai-400 032

Dated December 20, 1997

POLICY FOR CAPTIVE POWER GENERATION

PREAMBLE

To promote captive generation, the Government had enunciated its policy vide Government Resolution No.MSC-1095/CR-2776/NRG-2 dated 20.12.1995. In the light of this policy, Maharashtra State Electricity Board (MSEB) is required to give prior concurrence under section 44 of the Electricity )Supply) Act, 1948. Certain implementation problems were brought to the notice of the Government by some promoters. In order to add to the total installed capacity of the State through captive generation and to further the process of industrial development, the question of giving further relaxation to the existing policy was under consideration of Government.

GOVERNMENT RESOLUTION

Government has now decided to modify its existing policy, dated 20.12.1995 and enunciates the following policy.

All persons/institutions who intend to install captive generation units in the State of Maharashtra are required to take a prior clearance under Section 44 of the Electricity (Supply) Act, 1948 from MSEB ;which would be given as per the following policy:-

(1) Industrial unit which intends to install captive generation sets for self consumption of electricity shall be permitted to do so under the condition that such self consumption should be at least 75 per cent of the total installed capacity. This self consumption may include consumption by ancillaries integrated with the main process and located on the same industrial plot.

(2) Balance 25 percent of the installed capacity may be sold to any 2 (two) third parties anywhere in the State through wheeling to be permitted by MSEB/licensees after recovery of appropriate wheeling charges and transmission losses.

(3) MSEB and the licensees are empowered to finalize the technical and commercial arrangements between captive power producers and the third party purchasers.

(4) Clearance may also be granted for setting up of a captive power plant by a company (captive generating company) different from the consumer company (captive user company) on the condition that the user company owns at least 51 per cent share of the generating company.

(5) Such captive generating company as referred to in the Sr. No.(4) above will be permitted for sale of surplus electricity to third parties as per Sr. No.(1) and (2) above.

(6) Such captive generating company as mentioned in Sr. No.(4) above or any other company intending to sell surplus electricity would require a prior permission from the Energy Department of the State Government under Section 28 of the Electricity (Supply) Act, 1948.

(7) This policy is also made applicable to all the licensees in addition to the MSEB.

(8) MSEB may purchase this surplus power generating from such captive units at a rate which is 10 per cent lower than their last year=s average rate of realization except during the night time period of 10 p.m. to 6 a.m. .

(9) If the captive generating company requires a standby from the MSEB/licensees, then in case of planned shut down, the rate of standby leviable by MSEB/licensees shall be double the existing rate. In case of an unplanned shut down, the charges leviable by MSEB/licensees would be 3 times the charges leviable by MSEB/licensees would be 3 times the existing tariff. The event of planned shut down must be notified at least 3 months in advance in writing to the MSEB/licensees. A unit can be shut down for annual overhaul only once in a year for a continuous period of maximum one month.

(10) This policy is made applicable to the existing captive units as well.

Sd/-
( L.V. Nilesh )
Deputy Secretary (Energy)

CAPTIVE POWER POLICY (Circulated in July 2001)

1.0 OBJECTIVE :

According to the 16th Electric Power Survey conducted by CEA, the country has energy shortage of 7.8% and peaking shortage of 13.0% for the current year. The capacity addition required by the end of 11th Plan to meet these shortages is nearly 100,000 MW. In view of the massive investments required for capacity addition it is necessary that the existing investments in the power sector are fully utilized and captive power plants which are utilized only partially are encouraged to sell power to the grid. The following general guidelines are recommended to the States to enable a more liberal framework for setting up Captive Power Plants and utilizing their surplus output for benefit of the consumer.

2.0 PERMISSION AND APPROVAL:

i) Permission for installation of Captive Power Plant is to be obtained from SEB under Section 44 of Electricity (Supply) Act, 1948. For captive power generation exceeding 25 MW, SEB will accord permission under Section 44 of Electricity (Supply) Act, 1948 only after consulting the Central Electricity Authority as per Section 44 (2A) of Electricity (Supply) Act, 1948.

ii) The following would be eligible to install a Captive Power Plant:-

a. A consumer of electricity

b. A group comprising more than one consumer as a joint venture.

c. An actual user of power but not a consumer.

d. A group of actual users of power, but not consumers, as a joint venture.

e. A group comprising both consumers and actual users of power as a joint venture. but excluding A Generating Company@ as defined under Section 2(4-A) of Electricity (Supply) Act 1948.

3.0

a) If the captive plant falls under the category of hydro or co-generation plant, such plant, irrespective of its size and status of power supply position in the State, may be permitted liberally.

b) If the Captive Power Plant is based on coal or liquid fuel or gas and if the State is deficit in power supply, the installation of such captive power plant could normally be allowed and the capacity of the plant permitted up to 200% of the requirement of the industry for its own use.

c) If the Captive Power Plant is based on coal, liquid fuel or gas and the State is surplus in power, the installation of such captive plants can still be considered in the following cases:-

(i) If the industry requires uninterrupted power supply due to the nature of the industry and if the State/SEB or Successor entity are not able to guarantee supply of such requirements, the proposal for setting up of such a captive power plant for the uninterrupted power supply requirement of the industry can be considered.

(ii) If the industry requires quality power supply (within the stipulated variations in voltage and frequency) and if the State/SEB or Successor entity are not in a position to guarantee the power supply of such stringent requirements, the proposal for installation of the captive power plant of the required capacity can be considered.

(iii) If the cost of generation from the captive plant is found to be lower compared to the tariff of the power supply from the grid, the proposal may be considered after thoroughly examining the cost and tariff aspects.

d) Banking facilities may also be provided to the Captive Power Plants so that available capacities are utilised to the extent possible and when required. The rates for banking may be determined on mutually agreed terms.

e) Units in Special Economic Zones (SEZ) and industrial estates may be allowed to set up CPPs liberally.

4.0 If the CPP is of co-generation in nature, and the capacity exceeds 25 MW, the proposals shall be forwarded to CEA for consultation under Section 44(2A) of Electricity (Supply) Act, 1948 duly certified by the concerned Utilities that the proposal qualifies for the status of co-generation. (In this regard, MOP Resolution No.A-40/95-IPC.I, dated 6th November, 1996 may be seen for reference).

5.0 Permission of State Electricity Board is required to synchronize and operate with the Grid.

6.0 All statutory clearances for setting up the CPP have to be obtained by the owner of the CPP of his own accord.

7.0 CONDITIONS FOR USAGE OF CAPTIVE POWER

Energy generated from captive power generating units:

i) Can be used by the owner of the captive power generation plant.

ii) Can be used by sister concern (s) of the owner of the captive power generation plant.

iii) Balance power after usage in items (i) and (ii) above can be sold to SEB, if required by them.

iv) Third Party sale is also permissible, with the approval of SEB.

v) Captive generator could be asked not to draw power from the grid during peak seasons/hours.

8.0 WHEELING CHARGES & RULES

Prior approval of SEB has to be obtained for wheeling of power. Captive generated power may be wheeled only where interface for synchronization with the grid exists. Wheeling will be done to any service (High Tension or Low Tension). The cost of interfacing lines, switchgear metering and protection arrangement may be met by the CPP and/or the Board as per mutual arrangement. Similarly, the wheeling charges may be worked out based on pooled rates of wheeling charges worked out by the Central State Transmission Utility of that Region and the amount of energy wheeled.

9.0 PRICING OF THE BALANCE POWER SOLD TO S E B

i) For the FIRM POWER, the pricing for the Captive Power Generation could be in single part i.e. rate for units alone. The tariff for sale of power from thermal CPPs to SEB may be fixed after mutual discussions between SEB & CPP and could be based on pooled variable charge of thermal power stations operating in the SEB plus some percentage of the pooled variable charges as an incentive to CPP generator. In case of hydro CPPs also, the tariff for sale of power to SEB may be fixed after mutual discussions between SEB & CPP and could be based on pooled variable charge of thermal power and incentives. To attract more power from CPPs into the Grid, tariff could also be based on the highest variable cost in the system or the actual variable cost of CPP, whichever is lower, and some percentage of the variable cost as an incentive.

ii) The rate for INFIRM Power could be at 75% of the normal rate.

iii) Tariffs for purchase of power from captive plants may be determined by SERCs wherever they have been established.

10.0 BILLING METHODS

i) Separate billing may be carried out for export and import of power by the Captive Power Generator. Import of power may be billed according to the Tariff Notifications of Government from time to time.

ii) Export billing may be done for the units exported as per the mutual agreement between SEBs & CPP.

11.0 DEFINITIONS

Definitions are given in Annexure.