Download as pdf or txt
Download as pdf or txt
You are on page 1of 19

SOLAR ENERGY CORPORATION OF INDIA LTD.

NEW DELHI
Ref No. SECI/C&P/HPD/ISTS-VII/082019/Amendment-01 dated 28.10.2019
Amendment-01 to Selection of Project Developers for setting up of 1200 MW ISTS-Connected RE Projects with
assured Peak Power Supply in India (ISTS-VII)
RfS No. SECI/C&P/HPD/ISTS-VII/RfS/1200MW/082019 dated: 01.08.2019
Sr.
Clause No. Existing Clause Amended Clause
No.
Amendments in the RfS document
1. Bid Earnest Money Deposit (EMD): Amount: INR Earnest Money Deposit (EMD): Amount: INR
Information 6,00,000/- (Indian Rupees Six Lakhs) per MW 7,50,000/- (Indian Rupees Seven Lakh Fifty
Sheet per Project to be submitted in the form of Thousand) per MW per Project to be
Bank Guarantee along with the Response to submitted in the form of Bank Guarantee
RfS along with the Response to RfS
2. Section I “CONTRACTED CAPACITY” shall mean the “CONTRACTED CAPACITY” shall mean the AC
Cl. 1.10 AC capacity in MW contracted with SECI for capacity in MW contracted with SECI for
supply by the HPD to SECI at the Delivery supply by the HPD to SECI at the Delivery
Point from the Project; Point from the Project. It shall be equal to the
Project Capacity as defined, and will be
determined by the Connectivity (MW)
granted to the Project by the CTU;
3. Section I, “PEAK HOURS” shall mean the energy “PEAK HOURS” shall mean the energy
Cl. 1.37 scheduling hours between (& including) scheduling hours between (& including) 06:00
06:00 hrs up to 09:00 hrs, and between (& hrs up to 09:00 hrs, and between (&
including) 18:01 hrs to 24:00 hrs of the same including) 18:01 hrs to 24:00 hrs of the same
day; day. For the purpose of scheduling, a ‘day’
shall commence from 00:00 hrs and end at
24:00 hrs.;
4. Section I “PEAK TARIFF” shall mean the tariff payable “PEAK TARIFF” shall mean the tariff payable
Cl. 1.39 to the HPD for energy generation during the to the HPD for energy supplied during the
Peak Hours Peak Hours as per the dispatch schedule
confirmed by the Discom, applicable to
supply of energy limited to 300 MWh within a
time period of 24 hours, for each 100 MW
Contracted Capacity.
5. Section I “POOLING SUBSTATION/ POOLING POINT” “POOLING SUBSTATION/ POOLING POINT”
Cl. 1.40 ………. The voltage level for such common ………. The voltage level for such common line
line shall be 33 kV or above. Further, the shall be 220 kV or above. Further, the
metering of the pooled power shall be done metering of the pooled power shall be done
at the injection point, i.e. the ISTS at the injection point, i.e. the ISTS substation.
substation. However, the voltage level of However, the voltage level of transmission
transmission system of individual projects system of individual projects up to the

Page 1 of 19
up to the pooling substation may be at 33 kV pooling substation may be at 33 kV and
and above. Sub-meters shall be …… above. Sub-meters shall be ……
6. Section II, …… Energy generated during the Off-Peak …… Energy supplied during the Off-Peak
Cl. 7 Hours shall be eligible for a flat tariff Hours shall be eligible for a flat tariff payment
payment @ Rs. 2.70/kWh, i.e. the Off-Peak @ Rs. 2.88/kWh, i.e. the Off-Peak Tariff.
Tariff. Energy generated during the Peak Energy supplied during the Peak Hours shall
Hours shall be purchased at the tariff be purchased at the tariff discovered through
discovered through e-Reverse Auction as e-Reverse Auction as per this RfS, i.e. the Peak
per this RfS, i.e. the Peak tariff….. tariff…..
7. Section III, …… For each Project, the minimum Project …… For each Project, the minimum Project
Cl.3.3 capacity shall be 50 MW and the maximum capacity shall be 50 MW and the maximum
capacity shall be 300 MW…. capacity shall be 600 MW….
8. Section III ….. In case the Project Developer chooses to ….. In case the Project Developer chooses to
Cl. 3.3.ii install a combination of both wind and solar install a combination of both wind and solar
PV components in the Project, the Project PV components in the Project, the Project
shall be denoted as a “Wind-Solar Hybrid shall be denoted as a “Wind-Solar Hybrid
Power Project”, under the National Wind- Power Project”, under the National Wind-
Solar Hybrid Policy; and in such case, the Solar Hybrid Policy; and in such case, the
rated installed Project capacity of either of rated installed Project capacity of either of
the wind and solar components shall be the wind and solar components shall be more
more than 25% of the rated installed than 25% of the rated installed capacity of the
capacity of the other wind/solar other wind/solar component. The above
component….. capacity shall be calculated based on the
installed turbine rating (for wind component)
and installed inverter rating (for solar
…… The minimum ESS rated energy capacity component)…..
installed shall be equal to ‘X’ MWh, where
‘X’ is the Contracted Capacity of the Project ………… The minimum ESS rated energy
as per the PPA. For example, in case the capacity installed shall be equal to ‘X/2’
Contracted Capacity of a Project is 100 MW, MWh, where ‘X’ is the Contracted Capacity
the minimum energy rating of the ESS of the Project as per the PPA. For example,
installed shall be 100 MWh. in case the Contracted Capacity of a Project
is 100 MW, the minimum energy rating of
the ESS installed shall be 50 MWh.
9. Section III, ix…… However, throughout the term of the …… However, throughout the term of the
Cl. 5. PPA, irrespective of the changes made in ESS PPA, irrespective of the changes made in ESS
technology, minimum ESS rated energy technology, minimum ESS rated energy
capacity installed shall be equal to ‘X’ MWh, capacity installed shall be equal to ‘X/2’
where ‘X’ is the Contracted Capacity of the MWh, where ‘X’ is the Contracted Capacity of
Project as per the PPA. For example, in case the Project as per the PPA. For example, in
the Contracted Capacity of a Project is 100 case the Contracted Capacity of a Project is
MW, the minimum energy rating of the ESS 100 MW, the minimum energy rating of the
Page 2 of 19
installed shall be 100 MWh. ESS installed shall be 50 MWh.
10. Section III, The total capacity to be allocated to a Bidder The total capacity to be allocated to a Bidder
Cl. 6(iii) including its Parent, Affiliate or Ultimate including its Parent, Affiliate or Ultimate
Parent or any Group Company shall be up to Parent or any Group Company shall be up to
600 MW. Capacity of a single Project shall 600 MW. Capacity of a single Project shall
range between (& including) 50 MW to 300 range between (& including) 50 MW to 600
MW. MW.
11. Section III, The Bidders are free to choose the ISTS The arrangement of connectivity can be
Cl. 7.2 substations for Interconnection of the made by the HPD through a dedicated
Project to the grid on a pan-India basis. In transmission line. The entire cost of
doing so, the Bidders shall apply due transmission including cost of construction of
diligence while choosing the proposed line, wheeling charges, SLDC/Scheduling
substation, which should either be an charges, SOC, MOC, maintenance, losses etc.
existing substation, or should be included in and any other charges from the project up to
the updated plan of network augmentation and including at the interconnection point
as displayed by the CTU on its website, will be borne by the HPD. The Bidders are free
https://webapps.powergrid.in/ctu/u/Defaul to choose the ISTS substations for
t.aspx. It must be noted that connectivity Interconnection of the Project to the Grid on
shall be applied for, strictly in line with the a pan-India basis. While doing so, the Bidders
data as updated on the CTU’s website. The shall apply due diligence while choosing the
bidders shall make note of the capacity proposed substation, and may choose their
available at the substations identified by the substations from any one of the following
CTU, and apply for connectivity accordingly. options:
Bids identifying substations beyond these i. Existing substations having available
choices will be liable for rejection. Delivery margin as indicated by the respective
Point for the Project may be changed by the substation owner.
HPDs until the deadline for fulfilment of ii. Existing substations where
Financial Closure conditions, but the revised augmentation is under process or
substations shall be in line with the above plans for augmentation have been
provisions. announced.
iii. Substations located in the Western
and Southern regions under the
updated plan for 1st phase made
available by the Minutes of meeting
for Northern, Western and Southern
Region committees and as displayed
by the CTU on its website,
https://webapps.powergrid.in/ctu/u/
Default.aspx, subject to availability of
connectivity.
Bids indicating substations outside the above
three choices will be liable for rejection.
Page 3 of 19
Delivery Point for the Project may be changed
by the HPD until the deadline for fulfilment of
Financial Closure conditions, but the revised
substation shall be in line with the above
provisions.
12. Section III, Addendum to the Clause Any changes in the Project configuration will
Cl. 7.3 be allowed only up to signing of PPA, and the
Project configuration shall remain unchanged
thereafter.
13. Section III, The HPD shall comply with CERC/SERC The HPD shall comply with CERC/SERC
Cl. 7.6 regulations on Forecasting, Scheduling and regulations on Forecasting, Scheduling and
Deviation Settlement, or UI charges as Deviation Settlement Mechanism as
applicable and are responsible for all applicable and are responsible for all
liabilities related to LTA and Connectivity. In liabilities related to LTA and Connectivity. In
case of absence of regulations specific to case of absence of regulations specific to
Projects, the above regulations will be Projects, the above regulations will be
adhered to, separately for Wind and Solar adhered to, separately for Wind and Solar
Project components. Project components.
14. Section III, For further facilitation and to make use of Deleted.
Cl. 7.12 the existing Intra-State evacuation
infrastructure, SECI may offer some of the
HPDs in certain States, where the ultimate
Buyer for power from the said Project(s) is
the same State, the option of connecting to
the nearest available STU substation. This
offer will be extended to the HPD(s) within
60 days of the issuance of LOAs. Such
eligibility of the HPDs shall be decided based
on the consent from the corresponding
State and shall be offered to the HPDs in the
ascending order of their PPA tariffs in that
particular State. The HPDs will have the
option to either accept or reject such offer
from SECI, within 15 days of such intimation.
In the event of the rejection of the above
offer by the HPD, the same may be extended
to the next eligible HPD, until the entire
quantum of power to be purchased by the
corresponding State is filled. Any additional
charges on account of the above change, if
applicable, shall be solely attributable to the
HPD.
Page 4 of 19
15. Section III, Government of India from time to time Deleted
Cl. 7.14 issues order for waiver of inter-state
transmission system (ISTS) charges and
losses on transmission of wind/solar power
till a certain date. In case the SCD of the
Project is before the date till above ISTS
waiver is applicable, and if the
commissioning of the Project gets delayed
beyond the applicable date of ISTS waiver
due to Force Majeure event, the liability of
transmission charges and losses would be
shared between the HPD and Buying
Utility(ies) in ratio of 50:50.
However, in case the commissioning of the
Project gets delayed beyond the applicable
date of ISTS waiver due to reasons
attributable to the HPD, the liability of
transmission charges and losses would be
that of the HPD.

Further, it is specifically indicated that in


case of extension of the SCD for the Project
beyond the above applicable deadline of
ISTS waiver, due to delay in readiness of ISTS
substation and/or delay in LTA
operationalization, such Projects shall be
deemed having been commissioned prior to
the above applicable deadline for ISTS
waiver, and ISTS charges and losses for such
Projects shall be considered to be waived
off.
16. Section III …… The declared annual CUF shall in no case …… The declared annual CUF shall in no case
Cl. 8.1 be less than 40% or 3.504 Million Units per be less than 35% on an annual basis…..
MW on an annual basis…..
…….…… HPD shall maintain generation so as
…… HPD shall maintain generation so as to to achieve annual CUF within + 10% and -15%
achieve annual CUF within + 10% and -15% of the declared value till the end of 10 years
of the declared value till the end of 10 years from COD, subject to the annual CUF
from COD, subject to the annual CUF remaining minimum of 29.75%, and within
remaining minimum of 34%, and within +10% and -20% of the declared value of the
+10% and -20% of the declared value of the annual CUF thereafter till the end of the PPA
annual CUF thereafter till the end of the PPA duration of 25 years. The lower limit will,
Page 5 of 19
duration of 25 years. In case of Wind-Solar however, be relaxable by SECI to the extent
Hybrid Power Projects, the energy units shall of non-availability of grid for evacuation
be submitted by the HPD separately for wind which is beyond the control of the HPD……
and solar components, while finalizing the
PPA. The lower limit will, however, be
relaxable by SECI to the extent of non-
availability of grid for evacuation which is
beyond the control of the HPD……
17. Section III, The complete energy supplied by the HPD The complete energy supplied by the HPD
Cl. 8.2.iv. during Off-Peak Hours will be consumed by during Off-Peak Hours will be consumed by
the Buying Utility at the pre fixed tariff of Rs the Buying Utility at the pre fixed tariff of Rs
2.70/kWh, plus SECI’s trading margin. The 2.88/kWh, plus SECI’s trading margin. The
energy supplied by the HPD during Peak energy supplied by the HPD during Peak
Hours will be purchased by the Buying Utility Hours will be purchased by the Buying Utility
at the tariff discovered through the e-RA, at the tariff discovered through the e-RA, plus
plus SECI’s trading margin. SECI’s trading margin.
18. Section III, Modified as follows:
Cl. 8.2.vi.
The discharge of mandated supply of energy during Peak Hours shall be governed by the
demand pattern of the corresponding Buying Utility (ies), as per the Buying Utility’s day-
ahead schedule. For each 100 MW of Contracted Capacity, as per the PSA, the Buying
Utilities shall off-take 50 MW power for each 1-hr block during the Peak Hours, limited to six
nos. of 1-hour blocks. The off-take of power shall be fixed at 50 MW for each 1-hr block
during the Peak Hours, with no variation in the power for the block. Similar schedule will be
required to be matched by the HPD.

The discharge cycle corresponding to offtake of stored energy may vary as per requirements
of the Discom, only as per the following breakup:

Discharge hours during Discharge hours during Total discharge hours


morning Peak Hours, evening Peak Hours, between
between (& including) 06:00 (& including) 18:01 hrs (with a
hrs (with a ±30 minutes ±30 minutes variation) up to
variation) up to 09:00 hrs 24:00 hrs (with a ±30 minutes
(with a ±30 minutes variation)
variation)
2 4 6

In other words, the Discom shall mandatorily off-take Peak Power by choosing 4 hours from
the evening Peak Hours and 2 hours from the morning Peak Hours. Further, a variation of
±30 minutes in the deadlines of morning and evening peak hours is also allowed in making
that choice by the Discom.

Page 6 of 19
During the 6 nos. of 1-hr blocks as selected by the Discom, in case of power being supplied
in excess of 50 MW in any of the 1-hr blocks (for each Contracted Capacity of 100 MW), such
power will be off-taken @ Off-Peak Tariff.

Further, for every 100 MW Contracted Capacity, supply of power below 50 MW, during any
1-hr block in the 6 nos. of 1-hr block as identified by the Discom, will be counted as shortfall
in supply of Peak Power, as per Clause 8.3 below.
19. Section III, The HPD is free to conduct energy arbitrage Deleted
Cl. 8.2.viii. during the hours between 00:01 hours and
05:59 hours the next day, through sale and
purchase on open market. Any ISTS/STU
charges corresponding to wheeling of
power, etc, in this regard, shall be borne by
the HPD, and will not be the responsibility of
SECI.
20. Section III, …… The amount of compensation shall be …… The amount of such compensation will
Cl. 8.3 equal to the compensation payable be calculated @ 50% (fifty percent) of the
(including RECs) by the buying utilities/ Off-Peak PPA tariff for the shortfall in energy
Discoms towards non - meeting of RPOs, terms, in accordance with the terms of the
which shall ensure that the Discom is offset PPA. Such compensation as recovered from
for all potential costs associated with low the HPD, shall be passed on by SECI to the
generation and supply of power under the buying utility (ies), as the case may be, after
PPA, subject to a minimum of 25% (twenty- deducting losses of SECI. However, this
five per cent) of the cost of this shortfall in compensation shall not be applicable in
energy terms, calculated at both Off-Peak events of Force Majeure identified under
Tariff. PPA with SECI affecting supply of power by
HPD.
21. Section III, ….. In case of energy supply during Peak ….. In case of energy supply during Peak
Cl. 8.4 Hours over and above the mandated energy Hours over and above the mandated energy
requirement (300 MWh for each 100 MW of requirement (300 MWh for each 100 MW of
project capacity), and in the event of such project capacity), and in the event of such
power being procured by the Buying Utility, power being procured by the Buying Utility,
the HPD will be paid energy charges @ Off- the HPD will be paid energy charges @ Off-
Peak Tariff, i.e. Rs 2.70/kWh… Peak Tariff, i.e. Rs 2.88/kWh…
22. Section III, Generation Compensation in offtake Not Used.
Cl. 8.5.a. constraint due to Transmission
Infrastructure not complete/ ready
(Transmission constraint):
23. Section III, Compensation in offtake constraint due to Compensation in offtake constraint due to
Cl. 8.5.b. Grid Unavailability: Grid Unavailability:

…….Grid unavailability in a contract year as


Page 7 of 19
….Grid unavailability in a contract year as beyond 50 hours in a Contract Year…..
defined in the PPA: (only period from 8 am to
6 pm to be counted):…
24. Section III, Offtake constraints due to shortage in Deleted
Cl. 8.5.d. discharge of stored Energy:
25. Section III, Addendum to the Clause HPDs setting up projects in vicinity of Air
Cl. 9.1 Force bases/aerodromes, are advised to
apply for necessary MoD clearances within
30 days of Effective Date of PPAs.
26. Section III, Earnest Money Deposit (EMD) of INR 6 Lakh/ Earnest Money Deposit (EMD) of INR
Cl. 10.1. MW per Project in the form of Bank 7,50,000/MW per Project in the form of Bank
Guarantee according to Format 7.3A and Guarantee according to Format 7.3A and
valid for 09 months from the last date of bid valid for 09 months from the last date of bid
submission, shall be submitted by the Bidder submission, shall be submitted by the Bidder
along with their bid, failing which the bid along with their bid, failing which the bid
shall be summarily rejected…… shall be summarily rejected……
27. Section III, The Bidder shall furnish the Bank Guarantees The Bidder shall furnish the bank guarantees
Cl. 10.2 towards EMD from any of the Banks listed at towards EMD from any of the Scheduled
Annexure-C to RfS. Bank Guarantees issued Commercial Banks as listed on the website of
by foreign branch of a bank from bank list Reserve Bank of India (RBI) and amended as
given in Annexure-C is to be endorsed by the on the date of issuance of bank guarantee.
Indian branch of the same bank or State Bank Bank Guarantee issued by foreign branch of
of India (SBI). a Scheduled Commercial Bank is to be
endorsed by the Indian branch of the same
bank or State Bank of India (SBI).
28. Section III, Bidders selected by SECI based on this RfS Bidders selected by SECI based on this RfS
Cl. 11.1 shall submit Performance Guarantee for a shall submit Performance Guarantee for a
value @ INR 30 Lakh/ MW within 30 days of value @ INR 30 Lakh/ MW within 30 days of
issuance of Letter of Award (LoA) or before issuance of Letter of Award (LoA) or before
signing of PPA, whichever is earlier. It may be signing of PPA, whichever is earlier. It may be
noted that successful Bidders shall submit noted that successful Bidders shall submit
the Performance Guarantee according to the the Performance Guarantee according to the
Format 7.3B with a validity period of 27 Format 7.3B with a validity period of 32
months from the Effective Date of the PPA…. months from the Effective Date of the PPA….
29. Section III, The HPD shall furnish the PBG from any of The HPD shall furnish the PBG from any of
Cl. 11.3 the Banks listed at Schedule-2 of draft PPA to the Scheduled Commercial Banks as listed on
SECI. PBG issued by foreign branch of a bank the website of Reserve Bank of India (RBI)
from bank list given in Schedule-2 of draft and amended as on the date of issuance of
PPA is to be endorsed by the Indian branch bank guarantee. Bank Guarantee issued by
of the same bank or State Bank of India (SBI). foreign branch of a Scheduled Commercial
In case of the Project being implemented Bank is to be endorsed by the Indian branch
through an SPV incorporated by the of the same bank or State Bank of India (SBI).
Page 8 of 19
successful bidder, the PBG shall be furnished In case of the Project being implemented
in the name of the SPV, except for the case through an SPV incorporated by the
as indicated in Section-IV, Clause C.1 (b) of successful bidder, the PBG shall be furnished
the RfS. in the name of the SPV, except for the case
as indicated in Section-IV, Clause C.1 (b) of
the RfS.
30. Section III, …… The final project configuration, adding up …… The final project configuration, adding up
Cl. 14.1 to the cumulative capacity awarded to the to the cumulative capacity awarded to the
Bidder, may be intimated to SECI at the time Bidder, along with component-wise break-
of signing of PPA, which shall then remain up of individual project may be intimated to
unchanged subsequent to signing of PPA….. SECI at the time of signing of PPA, which shall
then remain unchanged subsequent to
signing of PPA…..
31. Section III, The maximum time period allowed for The maximum time period allowed for
Cl. 16.b.i.b. commissioning of the full Project Capacity commissioning of the full Project Capacity
shall be limited to 24 months from the shall be limited to 30 months from the
Effective Date of the PPA (for e.g. if Effective Effective Date of the PPA (for e.g. if Effective
Date of the PPA is 07.10.2019, then the Date of the PPA is 07.10.2019, then the
above deadline for Project commissioning above deadline for Project commissioning
shall be 07.10.2021). shall be 07.04.2022).
32. Section III, ….. For example, in case of a Project of 240 ….. For example, in case of a Project of 240
Cl. 16.b.i.c. MW capacity, if commissioning of 100 MW MW capacity, if commissioning of 100 MW
capacity is delayed by 18 days beyond the capacity is delayed by 18 days beyond the
SCD, then the liquidated damages shall be: SCD, then the liquidated damages shall be:
PBG amount X (100/240) X (18/180). For the PBG amount X (100/240) X (18/360). For the
purpose of calculations of the liquidated purpose of calculations of the liquidated
damages, ‘month’ shall be considered damages, ‘month’ shall be considered
consisting of 30 days. consisting of 30 days.
33. Section III, The Project shall be fully commissioned The Project shall be fully commissioned
Cl. 16.b.ii.a. within 18 months from the Effective date of within 18 months from the Effective date of
the PPA, or from the Effective Date of PSA, the PPA, i.e. the Scheduled Commissioning
whichever is later i.e. the Scheduled Date (SCD) (for e.g. if Effective Date of the
Commissioning Date (SCD) (for e.g. if PPA is 07.04.2019, then SCD shall be
Effective Date of the PPA is 07.04.2019 and 07.10.2020). In this regard, a duly
Effective Date of PSA is 07.03.2019, then SCD constituted committee will physically inspect
shall be 07.10.2020). In this regard, a duly and certify successful commissioning of the
constituted committee will physically inspect Project.
and certify successful commissioning of the
Project.
34. Section III, The maximum deadline allowed for The maximum deadline allowed for
Cl. 16.b.ii.b. commissioning of the full Project Capacity commissioning of the full Project Capacity

Page 9 of 19
shall be limited to the date as on 270 days shall be limited to the date as on 360 days
from the SCD. from the SCD.
35. Section III, …. For example, in case of a Project of 240 …. For example, in case of a Project of 240
Cl. 16.b.ii.c. MW capacity, if commissioning of 100 MW MW capacity, if commissioning of 100 MW
capacity is delayed by 18 days beyond the capacity is delayed by 18 days beyond the
SCD, then the liquidated damages shall be: SCD, then the liquidated damages shall be:
PBG amount X (100/240) X (18/270). PBG amount X (100/240) X (18/360).
36. Section III, The HPD shall be permitted for full The HPD shall be permitted for full
Cl. 16.d. commissioning as well as part commissioning as well as part
commissioning of the Project even prior to commissioning of the Project even prior to
the SCD. In cases of early part- the SCD. In cases of early part-
commissioning, till the SCD, SECI may, at its commissioning, till the SCD, SECI may, at its
discretion if the Buying Entity agrees to, discretion if the Buying Entity agrees to,
purchase the generation @ 75% (seventy- purchase the generation @ Off-Peak tariff
five per cent) of the respective Part-PPA for the energy supplied during Peak and Off-
tariffs for the energy supplied during Off- Peak Hours. However, in case the entire
Peak Hours and Peak Hours. However, in capacity is commissioned prior to the
case the entire capacity is commissioned scheduled commissioning date, SECI may at
prior to the scheduled commissioning date, its discretion, if the Buying entity agrees to,
SECI may at its discretion, if the Buying entity purchase the generation at the PPA Tariff.
agrees to, purchase the generation at PPA However, early part/ full commissioning of
Tariff. However, early part/ full the Project and subsequent energy
commissioning of the Project and procurement from the same shall be subject
subsequent energy procurement from the to the approval of SECI.
same shall be subject to the approval of SECI. In case of non-response from SECI within 15
days from the receipt of intimation for early
commissioning by the HPD, early-
commissioning will be declared by SECI
subject to the Project meeting the
commissioning requirements, and the HPD
will be allowed to sell such power to a third
party.
37. Section IV, For avoidance of doubt, it is clarified that the For avoidance of doubt, it is clarified that the
Cl. A.9 fully owned subsidiary Company as fully owned subsidiary Company as
mentioned in Clauses 3.5 A (iii) and (vi) above mentioned in Clauses A.3 and A.6 above
should be an immediate subsidiary of the should be an immediate subsidiary of the
bidder, without any intermediaries bidder, without any intermediaries
involved…… involved……
38. Format 7.10, Estimated Annual Generation of Electrical Estimated Annual Generation of Electrical
Sl. 5A and Energy from Solar component of the Project/ Energy from the Project
5B Estimated Annual Generation of Electrical
Energy from Wind component of the Project
Page 10 of 19
39. Annexure-A- IEC 61427-2 IEC 61427-2 / IEC 62619 : 2017
1
40. Annexure-A- IEC 62485-2 IEC 62485-2 / UL 1642
1
41. Annexure-A- IEC 61508 IEC 61508 / UL 9540
1
42. Annexure-C List of Banks Void
43. General 1. Off-Peak Tariff in the RfS/PPA and PSA documents has been modified to Rs. 2.88/kWh.
2. “Energy generation” and “Energy generated” mentioned anywhere in the RfS/PPA/PSA
documents shall be read as “Energy supply” and “Energy supplied” respectively.
Amendments in the PPA document
1. 1.1 "Contracted Capacity" shall mean …… [Insert "Contracted Capacity" shall mean …… [Insert
capacity] MW contracted with SECI for capacity] MW contracted with SECI for
supply by the HPD to SECI at the Delivery supply by the HPD to SECI at the Delivery
Point from the Hybrid Power Project; Point from the Hybrid Power Project. It shall
be equal to the Project Capacity as defined,
and will be determined by the Connectivity
(MW) granted to the Project by the CTU;
2. 1.1 “Peak Hours” shall mean the energy “Peak Hours” shall mean the energy
scheduling hours between (& including) scheduling hours between (& including)
06:00 hrs up to 09:00 hrs, and between (& 06:00 hrs up to 09:00 hrs, and between (&
including) 18:01 hrs to 24:00 hrs of the same including) 18:01 hrs to 24:00 hrs of the same
day; day. For the purpose of scheduling, a ‘day’
shall commence from 00:00 hrs and end at
24:00 hrs.;
3. 1.1 “Peak Tariff” shall mean the tariff payable to “Peak Tariff” shall mean the tariff payable to
the HPD for energy generation during the the HPD for energy supplied during the Peak
Peak Hours; Hours as per the dispatch schedule
confirmed by the Discom, applicable to
supply of energy limited to 300 MWh within
a time period of 24 hours, for each 100 MW
Contracted Capacity;
4. 1.1 “Scheduled Commissioning Date” or “SCD” “Scheduled Commissioning Date” or “SCD”
of the Project” shall mean ………………[to be of the Project” shall mean ………………[enter
indicated based on the Project the date as on 18 months from Effective Date
configuration]; of this Agreement];
5. 3.1 ……The HPD shall submit to SECI the relevant ……The HPD shall submit to SECI the relevant
documents as stated above, complying with documents as stated above, complying with
the Conditions Subsequent, within seven (7) the Conditions Subsequent, within twelve
months from the Effective Date. (12) months from the Effective Date.
6. 3.3.1 The Performance Bank Guarantee (PBG) The Performance Bank Guarantee (PBG)
having validity from the date of submission having validity from the date of submission
Page 11 of 19
of PBG until Twenty Seven (27) months from of PBG until thirty two (32) months from the
the Effective Date and of Rs. 30 Lakh/MW to Effective Date and of Rs. 15 Lakh/MW to be
be furnished under this Agreement shall be furnished under this Agreement shall be for
for guaranteeing the commencement of the guaranteeing the commencement of the
supply of power up to the Contracted supply of power up to the Contracted
Capacity within the time specified in this Capacity within the time specified in this
Agreement as per format provided in Agreement as per format provided in
Schedule 1. Schedule 1.
7. 4.2.6 Government of India from time to time Not Used.
issues order for waiver of inter-state
transmission system (ISTS) charges and
losses on transmission of wind/solar power
till a certain date. In case the SCD of the
Project is before the date till above ISTS
waiver is applicable, and if the
commissioning of the Project gets delayed
beyond the applicable date of ISTS waiver
due to Force Majeure event, the liability of
transmission charges and losses would be
shared between the HPD and Buying
Utility(ies) in ratio of 50:50. However, in case
the commissioning of the Project gets
delayed beyond the applicable date of ISTS
waiver due to reasons attributable to the
HPD, the liability of transmission charges and
losses would be that of the HPD. Further, it is
specifically indicated that in case of
extension of the SCD for the Project beyond
the above applicable deadline of ISTS waiver,
due to delay in readiness of ISTS substation
and/or delay in LTA operationalization, such
Projects shall be deemed having been
commissioned prior to the above applicable
deadline for ISTS waiver, and ISTS charges
and losses for such Projects shall be
considered to be waived off.
8. 4.4.1 …. The amount of such penalty shall be as …. The amount of such compensation will be
determined by the respective State calculated @ 50% (fifty percent) of the Off-
Electricity Regulatory Commission of the Peak Tariff for the shortfall in energy terms,
corresponding Buying Entity/ any such in accordance with the terms of the PPA.
Authority, and such penalty shall ensure that Such compensation as recovered from the
the Buying Entity(ies) is/are offset for all HPD, shall be passed on by SECI to the Buying
Page 12 of 19
potential costs associated with low Utility(ies), as the case may be, after
generation and supply of power under the deducting losses of SECI. However, this
PPA. However, the minimum compensation compensation shall not be applicable in
payable to SECI by the HPD shall be 25% events of Force Majeure identified under
(twenty-five percent) of the cost of this PPA with SECI affecting supply of power by
shortfall in energy terms, calculated at Off- HPD.
Peak Tariff. This compensation shall not be
applicable in events of Force Majeure
identified under PPA with SECI affecting
supply of power by HPD.
9. 4.4.2 …… In case of energy supply during Peak …… In case of energy supply during Peak
Hours over and above the mandated energy Hours over and above the mandated energy
requirement (300 MWh for each 100 MW of requirement (300 MWh for each 100 MW of
project capacity) on a daily basis, and project capacity) on a daily basis, and in the
in the event of such power being procured by event of such power being procured by the
the Buying Utility, the HPD will be paid Buying Utility, the HPD will be paid energy
energy charges @ Off-Peak Tariff……. charges @ Off-Peak Tariff, subject to the
provisions of Article 6.2.3…….
…… Any energy produced and flowing into
the grid before Scheduled Commissioning …… Any energy produced and flowing into
Date shall not be at the cost of SECI. SECI may the grid before Scheduled Commissioning
agree to buy such power at a tariff as agreed Date shall not be at the cost of SECI. SECI may
to between SECI and the Buying Entity agree to buy such power at a tariff as agreed
(including SECI’s trading margin), provided to between SECI and the Buying Entity
the Buying Utility consents for purchase of (including SECI’s trading margin), provided
such power. the Buying Utility provides its consent for
purchase of such power within 15 days of
receipt of intimation from SECI.
10. 4.6.1 In case of the Project comprising only a solar In case of the Project comprising only a solar
PV and ESS component: PV and ESS component:
Delay beyond the Scheduled Commissioning Delay beyond the Scheduled Commissioning
Date upto (& including) the date as on 24 Date upto (& including) the date as on 30
months from the Effective Date: The total months from the Effective Date: The total
PBG amount shall be encashed on per day PBG amount shall be encashed on per day
basis and proportionate to the balance basis and proportionate to the balance
capacity not commissioned. For example, in capacity not commissioned. For example, in
case of a Project of 240 MW capacity, if case of a Project of 240 MW capacity, if
commissioning of 100 MW capacity is commissioning of 100 MW capacity is
delayed by 18 days beyond the SCD, then the delayed by 18 days beyond the SCD, then the
liquidated damages shall be: PBG amount X liquidated damages shall be: PBG amount X
(100/240) X (18/180). For the purpose of (100/240) X (18/360). For the purpose of
calculations of the liquidated damages, calculations of the liquidated damages,
Page 13 of 19
‘month’ shall be considered consisting of 30 ‘month’ shall be considered consisting of 30
days. days.

In other cases: In other cases:


Delay beyond the Scheduled Commissioning Delay beyond the Scheduled Commissioning
Date upto (& including) the date as on 270 Date upto (& including) the date as on 360
days from the SCD: The total PBG amount days from the SCD: The total PBG amount
shall be encashed on per day basis and shall be encashed on per day basis and
proportionate to the balance capacity not proportionate to the balance capacity not
commissioned. For example, in case of a commissioned. For example, in case of a
Project of 240 MW capacity, if Project of 240 MW capacity, if
commissioning of 100 MW capacity is commissioning of 100 MW capacity is
delayed by 18 days beyond the SCD, then the delayed by 18 days beyond the SCD, then the
liquidated damages shall be: PBG amount X liquidated damages shall be: PBG amount X
(100/240) X (18/270). (100/240) X (18/360).
11. 4.6.2 The maximum time period allowed for The maximum time period allowed for
commissioning of the full Project Capacity commissioning of the full Project Capacity
with encashment of Performance Bank with encashment of Performance Bank
Guarantee shall be limited to 24 months Guarantee shall be limited to 30 months
from the Effective Date/270 days from the from the Effective Date/360 days from the
SCD (as applicable)….. SCD (as applicable)…..
12. 4.10.1 Generation Compensation in offtake Not Used.
constraint due to Transmission
Infrastructure not complete/ ready
(Transmission constraint):
13. 6.2.3 Modified as follows:

The discharge of mandated supply of energy during Peak Hours shall be governed by the
demand pattern of the corresponding Buying Utility (ies), as per the Buying Utility’s day-
ahead schedule. For each 100 MW of Contracted Capacity, as per the PSA, the Buying
Utilities shall off-take 50 MW power for each 1-hr block during the Peak Hours, limited to six
nos. of 1-hour blocks. The off-take of power shall be fixed at 50 MW for each 1-hr block
during the Peak Hours, with no variation in the power for the block. Similar schedule will be
required to be matched by the HPD.

The discharge cycle corresponding to offtake of stored energy may vary as per requirements
of the Discom, only as per the following breakup:

Page 14 of 19
Discharge hours during morning Discharge hours during evening Total discharge
Peak Hours, between (& including) Peak Hours, between (& hours
06:00 hrs (with a ±30 minutes including) 18:01 hrs (with a ±30
variation) up to 09:00 hrs (with a minutes variation) up to 24:00
±30 minutes variation) hrs (with a ±30 minutes variation)

2 4 6

In other words, the Discom shall mandatorily off-take Peak Power by choosing 4 hours from
the evening Peak Hours and 2 hours from the morning Peak Hours. Further, a variation of
±30 minutes in the deadlines of morning and evening peak hours is also allowed in making
that choice by the Discom.

During the 6 nos. of 1-hr blocks as selected by the Discom, in case of power being supplied
in excess of 50 MW in any of the 1-hr blocks (for each Contracted Capacity of 100 MW), such
power will be off-taken @ Off-Peak Tariff.

Further, for every 100 MW Contracted Capacity, supply of power below 50 MW, during any
1-hr block in the 6 nos. of 1-hr block as identified by the Discom, will be counted as shortfall
in supply of Peak Power.
14. 6.2.5 The HPD is free to conduct energy arbitrage The Buying Utility will mandatorily off-take
during the hours between 00:01 hours and the specified 300MWh for each 100MW
05:59 hours the next day, through sale and capacity during Peak Hours at the Peak Tariff
purchase on open market. Any ISTS/STU quoted by the HPD, plus SECI’s trading
charges corresponding to wheeling of margin.
power, etc, in this regard, shall be borne by
the HPD, and will not be the responsibility of
SECI.
15. 9.1 ….. The HPD shall be entitled to receive the ….. The HPD shall be entitled to receive the
Off-Peak Tariff of Rs. 2.70/kWh fixed for the Off-Peak Tariff of Rs. 2.88/kWh fixed for the
entire Term of this Agreement, for the entire Term of this Agreement, for the
energy supplied during the Off-Peak Hours…. energy supplied during the Off-Peak Hours….

……In case of early part-commissioning, till ……In case of early part-commissioning of the
SCD, subject to the consent for such Project, subject to the consent for such
purchase by the Buying Utility, SECI may purchase by the Buying Utility, SECI may
purchase the generation @ 75% (seventy- purchase the generation @ Off-Peak Tariff.
five per cent) of the respective Peak and Off- However, in case the entire Project capacity
Peak Tariffs. However, in case the entire is commissioned prior to SCD, SECI may
Project capacity is commissioned prior to purchase energy supplied at Peak and Off-
SCD, SECI may purchase energy supplied till Peak Tariffs specified above, subject to
SCD at Peak and Off-Peak Tariffs specified acceptance of such power by the Buying
above, subject to acceptance of such power Entity. In both the cases of early part or full
Page 15 of 19
by the Buying Entity. In both the cases of commissioning of the Project, the Applicable
early part or full commissioning of the Tariff for the commissioned Project shall
Project, the Applicable Tariff for the constitute Off-Peak Tariff @ Rs. 2.88/kWh
commissioned Project shall constitute Off- and Peak Tariff @ Rs. _______[Insert
Peak Tariff @ Rs. 2.70/kWh and Peak Tariff Tariff]/kWh from and including the SCD.
@ Rs. _______[Insert Tariff]/kWh from and
including the SCD.
16. Schedule-2 List of Banks for Issuance of Performance Deleted
Bank Guarantee
Amendments in the PSA document
1. 1.1 “Expiry Date” shall mean the date as on the “Expiry Date” shall mean the date as on the
expiry of 25 years from the SCD or from the expiry of 25 years from the SCD.
date of full commissioning of the projects,
whichever is earlier.
2. 1.1 “Peak Hours” shall mean the energy “Peak Hours” shall mean the energy
scheduling hours between (& including) scheduling hours between (& including)
06:00 hrs up to 09:00 hrs, and between (& 06:00 hrs up to 09:00 hrs, and between (&
including) 18:01 hrs to 24:00 hrs of the same including) 18:01 hrs to 24:00 hrs of the same
day; day. For the purpose of scheduling, a ‘day’
shall commence from 00:00 hrs and end at
24:00 hrs.;
3. 1.1 “Peak Tariff” shall mean the tariff payable to “Peak Tariff” shall mean the tariff payable to
the HPD for energy generation during the the HPD for energy supplied during the Peak
Peak Hours; Hours as per the dispatch schedule
confirmed by the Discom, applicable to
supply of energy limited to 300 MWh within
a time period of 24 hours, for each 100 MW
Contracted Capacity;
4. 1.1 “Scheduled Commissioning Date” or “SCD” “Scheduled Commissioning Date” or “SCD”
Shall mean …………………………………[to be Shall mean the date as on 18 months from
indicated based on the Project the Effective Date of the PPA;
configuration];
5. 3.3.2 Government of India from time to time Not Used.
issues order for waiver of inter-state
transmission system (ISTS) charges and
losses on transmission of wind/solar power
till a certain date. In case the SCD of the
Project is before the date till above ISTS
waiver is applicable, and if the
commissioning of the Project gets delayed
beyond the applicable date of ISTS waiver
due to Force Majeure event, the liability of
Page 16 of 19
transmission charges and losses would be
shared between the HPD and Buying
Utility(ies) in ratio of 50:50. However, in case
the commissioning of the Project gets
delayed beyond the applicable date of ISTS
waiver due to reasons attributable to the
HPD, the liability of transmission charges and
losses would be that of the HPD.
6. The Buying Entity will mandatorily off-take The Buying Entity will mandatorily off-take the
the specified 300 MWh for each 100 MW specified 300 MWh for each 100 MW capacity
capacity during Peak Hours at the Peak Tariff during Peak Hours at the Peak Tariff quoted by
quoted by the HPD, plus SECI’s trading the HPD, plus SECI’s trading margin, subject to
margin. provisions of Article 4.3.5
7. 4.3.5 Modified as follows:

The discharge of mandated supply of energy during Peak Hours shall be governed by the
demand pattern of the corresponding Buying Utility (ies), as per the Buying Utility’s day-
ahead schedule. For each 100 MW of Contracted Capacity, as per the PSA, the Buying
Utilities shall off-take 50 MW power for each 1-hr block during the Peak Hours, limited to six
nos. of 1-hour blocks. The off-take of power shall be fixed at 50 MW for each 1-hr block
during the Peak Hours, with no variation in the power for the block. Similar schedule will be
required to be matched by the HPD.

The discharge cycle corresponding to offtake of stored energy may vary as per requirements
of the Discom, only as per the following breakup:
Discharge hours during Discharge hours during Total discharge hours
morning Peak Hours, evening Peak Hours, between
between (& including) 06:00 (& including) 18:01 hrs (with a
hrs (with a ±30 minutes ±30 minutes variation) up to
variation) up to 09:00 hrs 24:00 hrs (with a ±30 minutes
(with a ±30 minutes variation)
variation)
2 4 6
In other words, the Discom shall mandatorily off-take Peak Power by choosing 4 hours from
the evening Peak Hours and 2 hours from the morning Peak Hours. Further, a variation of
±30 minutes in the deadlines of morning and evening peak hours is also allowed in making
that choice by the Discom.

During the 6 nos. of 1-hr blocks as selected by the Discom, in case of power being supplied
in excess of 50 MW in any of the 1-hr blocks (for each Contracted Capacity of 100 MW), such
power will be off-taken @ Off-Peak Tariff.

Page 17 of 19
Further, for every 100 MW Contracted Capacity, supply of power below 50 MW, during any
1-hr block in the 6 nos. of 1-hr block as identified by the Discom, will be counted as shortfall
in supply of Peak Power.
8. 5.1.1 ….The Buying Entity shall be mandated to ….The Buying Entity shall be mandated to
pay the Off-Peak Tariff of Rs. 2.70/kWh fixed pay the Off-Peak Tariff of Rs. 2.88/kWh fixed
for the entire Term of this Agreement, for for the entire Term of this Agreement, for
the energy supplied by the Buyer during the the energy supplied by the Buyer during the
Off-Peak Hours….. Off-Peak Hours…..
9. 5.1.4 ……In cases of early part commissioning, till …..In cases of early part commissioning, till
the achievement of full commissioning or the achievement of full commissioning or
SCD, whichever is earlier, the Buying Entity SCD, whichever is earlier, the Buying Entity
shall purchase the generation till SCD, at 75% shall purchase the generation till SCD, at the
(seventy-five per cent) of the Off-Peak and Off-Peak Tariff as mentioned in the Article
Peak Tariffs as mentioned in the Article 5.1.1 5.1.1 plus Trading Margin of Rs 0.07/kWh,
plus Trading Margin of Rs 0.07/kWh, (Seven (Seven Paisa per kWh). The Buying Entity
Paisa per kWh)….. shall grant its consent/refusal for purchase
of power from such early commissioning of
the Project within 15 days of receipt of such
intimation from SECI, failing which, it shall be
deemed to be refused by the Buying
Entity.…..
10. 6.8.3.b. …….The amount of such compensation shall …. The amount of such compensation will be
be as determined by the Appropriate calculated @ 50% (fifty percent) of the Off-
Commission/Authority, and such Peak Tariff for the shortfall in energy terms,
compensation shall ensure the Buying Entity in accordance with the terms of the PPA.
is offset for all potential costs associated Such penalty as recovered from the HPD,
with low generation and supply of power shall be passed on by SECI to the buying
under the PSA. However, the minimum utility (ies), as the case may be, after
compensation payable to the Buyer by the deducting losses of SECI. However, this
HPD shall be 25% (twenty-five percent) of compensation shall not be applicable in
the cost of this shortfall in energy terms, events of Force Majeure identified under
calculated at the Off-Peak PPA Tariff, which PPA with SECI affecting supply of power by
shall in turn, be remitted to the Buying HPD.
Entity. This compensation shall not be
applicable in events of Force Majeure
identified under PPA with SECI affecting
supply of power by HPD……
11. 6.10.1 Generation Compensation in offtake Deleted.
constraint due to Transmission
Infrastructure not complete/ ready
(Transmission constraint):

Page 18 of 19
12. 6.10.2 Compensation in offtake constraint due to Compensation in offtake constraint due to
Grid Unavailability: Grid Unavailability:

….Grid unavailability in a contract year as …….Grid unavailability in a contract year as


defined in the PPA: (only period from 8 am to beyond 50 hours in a Contract Year…..
6 pm to be counted):…
13. 6.10.4 Offtake constraints due to shortage in Deleted
discharge of stored Energy:
14. New Clause Schedule-4: NO OBJECTION CERTIFICATE” FROM CORRESPONDING STU
15. New Clause Schedule-5: FORMAT of certificate from DISCOM(s) to generation projects based on solar
and wind resources regarding waiver of transmission charges

[to be signed on official letterhead of the concerned Entity(ies) / DISCOM(s)]


This is to certify that M/s …….(Name of generating company/trader like SECI/PTC etc..) has
entered into PPA/PSA dated………with……….(name of entity purchasing power/DISCOM) for
sale of ……….MW power generated from wind/solar generation power plant of M/s
……..(Name of generating company) situated at………..(location) for compliance of
Renewable Purchase Obligations (RPO).

(Signature & Stamp)


Name of the Authorized signatory :
Designation :
Name of the entity / DISCOM :

Page 19 of 19

You might also like