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BIHAR ELECTRICITY REGULATORY COMMISSION

Vidyut Bhawan-II, Bailey Road, Patna 800 021
Case No. 07/2012
IN THE MATTER OF :
Petition under section 63 of the Electricity Act, 2003 for
approval and adoption of Tariff for procurement of Base Load
Power 75MW offered by M/s Essar Power (Jharkhand)
Limited on Long Term Basis under case-1 route of Tariff
based on Competitive Bidding Guidelines of Ministry of
Power, Government of India.
And
Bihar State Electricity Board
Vidyut Bhawan, Jawahar Lal Nehru Marg,
Bailey Road, Patna-800021 ... Petitioner
Present:
1. Sri U. N. Panjiar - Chairman
2. Sri S. C. Jha - Member
Appearance on behalf of Petitioner, BSEB
1. Mr. Rakesh, EEE (Inter-state)
Bihar State Electricity Board
Order
Dated 21.01.2013
1. It is a petition filed by the petitioner Bihar State Electricity
Board (hereinafter referred to as BSEB or petitioner) [presently
Bihar State Power (Holding) Co. Ltd., the successor company)
under the provision of section 63 of the Electricity Act, 2003
(hereinafter referred to as Act) for approval and adoption of
tariff for procurement of 75 MW of power on tariff based
competitive bidding in accordance with the Guidelines for
Determination of Tariff by Bidding process for Procurement of
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power by Distribution Licensees(hereinafter referred as
Competitive Bidding Guidelines or Guidelines) issued by the
Central Government vide resolution no.23/11/2004 R&R(vol.-
II) as amended from time to time.
2. Submission in the Petition
In its petition dated 14.02.2012, the erstwhile BSEB, presently
BSPHCL has prayed to the commission:
(i) To approve/adopt procurement of additional 75 MW of power
from M/s Essar Power (Jharkhand) Limited at the levelised tariff
of Rs.3.69 per kwh at the delivery point of BSEB from 1200 MW
Thermal Power Plant at Latehar, Jharkhand as per terms and
conditions of the power purchase agreement (PPA) executed on
17.10.2011 for supply of 300 MW power. If the Commission
requires a direction of State Government under section 108 of
Electricity Act 2003, the Board will seek a direction to this effect
from the State Government.
(ii) To approve signing of amendment/addendum to the PPA dated
17
th
October2011 for supply of additional 75 MW power (over and
above 300MWpower) from Essar Power (Jharkhand) Limited.
3. The petitioner has enclosed a copy of letter dated 22
nd
November
2011 from M/s Essar Power Limited wherein additional 75 MW of power
has been offered on the same terms and conditions of the PPA as executed
on 17.10.2011 at the levelised tariff of Rs.3.69 per kWh for 300 MW based
on bidding process for long term (25 years) under Case-I as per standard
bidding documents and guidelines issued by Ministry of Power,
Government of India.
4. The case was heard on 4
th
July 2012, 23
rd
July 2012, 7
th
August
2012, 13
th
August 2012, 11
th
September 2012, 20
th
September 2012, 17
th
October 2012 and 7
th
November 2012 along with case no. 6/2012 on the
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petition submitted by BSEB for approval and adoption of Tariff for
procurement of Base Load Power 560MW (300MW offered by M/s Essar
Power(Jharkhand) Limited and 260 MW by M/s GMR Kamalanga Energy
Limited) on Long Term Basis under case-1 route of Tariff based on
Competitive Bidding.
5. In the meanwhile, the petitioner has submitted vide letter
no.27/Misc./Com/IS-1214/2007 (part-v) 2306 dated 27.11.2012 the
information of withdrawal of 75 MW power offered earlier by M/s Essar
Power limited received from them vide their letter dated 22nd November
2011. A copy of letter dated 17.11.2012 from M/s Essar power (Jharkhand)
Limited informing withdrawal of its offer for additional 75 MW has also
been submitted by the BSPHCL.
6. The petitioners submission and documents submitted
subsequently have been examined by the Commission and as the petitioner
has informed about the withdrawal of offer for additional 75 MW by M/s
Essar Power Limited, the above case for approval and adoption of Tariff for
additional 75 MW procurement is dropped.
Sd/-
(S. C. Jha)
Member
Sd/-
(U.N. Panjiar)
Chairman