Case No. 163 of In the matter of

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1 Before the MAHARASHTRA ELECTRICITY REGULATORY COMMISSION World Trade Centre, Centre No.1, 13th Floor, Cuffe Parade, Mumbai Tel /65/69 Fax Website: / www. merc.gov.in Case No. 163 of 2018 In the matter of Petition of Maharashtra State Electricity Distribution Co. Ltd. for seeking approval on adoption of tariff for Long Term procurement of 500 MW Wind Power from SECI under MNRE scheme under Section 63 of the Electricity Act, 2003 for meeting the non- Solar Renewable Purchase Obligations (RPO)s Coram Shri. Anand B. Kulkarni, Chairperson Shri.Mukesh Khullar, Member Maharashtra State Electricity Distribution Company (MSEDCL)... Petitioner Maharashtra Energy Development Agency (MEDA).. Impleaded Party Appearance For MSEDCL For MEDA For Consumer Representative : Shri. Satish Chavan (Rep.) : None : 1) Dr. Ashok Pendse, TBIA 2) Shri. Shantanu Dixit Prayas Energy Group, Pune ORDER Date: 30 June, Maharashtra State Electricity Distribution Co. Ltd (MSEDCL) Plot No G-9, 5 th Floor, Prakashgad, Station Road, Bandra (East), Mumbai , has filed a Petition on 6 June,2018 for seeking approval on adoption of tariff for long term procurement of 500 MW Wind Power from Solar Energy Corporation of India (SECI) under Ministry of New and Renewable Energy (MNRE) scheme under Section 63 of the Electricity Act, 2003 (EA, 2003) for meeting the non-solar Renewable Purchase Obligations (RPO). Order in Case No 163 of 2018 Page 1

2 2. MSEDCL s prayers are as follows: (a) (b) (c) (d) (e) (f) (g) To admit the Petition as per the provisions under Section 63 of the Electricity Act (EA), To accord approval for adoption of tariff for 500 MW wind power at the tariff rate of Rs per unit (excluding trading margin of Rs per unit) as discovered by SECI under MNRE scheme (Tranche-IV). To consider procurement of wind power from SECI for meeting non-solar RPO requirement of MSEDCL. To consider the submission made by the Petitioner and consider the same positively while deciding the Petition; To pass any other order/relief as the Hon ble Commission may deem fit and appropriate under the circumstances of the case and in the interest of justice; Condone any error/omission and to give opportunity to rectify the same; To permit the Petitioner to make further submissions, addition and alteration to this Petition as may be necessary from time to time. 3. MSEDCL in its Petition has stated as follows: a) MSEDCL has made following submissions for approval of tariff discovered through Competitive Bidding carried out by SECI under MNRE scheme along-with consideration of such energy for fulfillment of its RPO obligations. RPO Regulations, 2016: b) The Commission has notified the MERC (RPO, its compliance and implementation of REC framework) Regulations, 2016 (RPO Regulations, 2016) on 30 March, 2016 for the control period from FY to FY c) MSEDCL s provisional non-solar RPO compliance is as below: (Units in MU) FY Non Solar RPO FY Non Solar RPO Target % % Achievement (Including REC Purchase) % % Order in Case No 163 of 2018 Page 2

3 Non-solar REC purchase within achievement d) As per Regulation 7.1 of the RPO Regulations, 2016, the revised RPO targets are as below: Year Quantum of purchase (in %) from RE sources (in terms of energy equivalent in kwh) Solar Non-Solar (other RE) Total % 10.00% 11.00% % 10.50% 12.50% % 11.00% 13.75% % 11.50% 15.00% e) It has purchased non-solar RECs equivalent of 1822 MUs for fulfillment of non-solar RPO target of FY and 2210 MUs for fulfillment of non-solar RPO target of FY In view of above, MSEDCL is fulfilling non-solar RPO target by way of purchase of non-solar RECs. However, considering the future non-solar RPO targets, it needs to procure Renewable Energy (RE) Power for fulfillment of non-solar RPO targets. f) The Ministry of Power (MoP), vide its Notification dated 8 December, 2017, has issued Guidelines under Section 63 of the EA, 2003 for long term procurement of power through Tariff- based Competitive Bidding from grid-connected Wind Power Projects (WPP). g) SECI is a designated implementing agency for MNRE Inter State Transmission System (ISTS) grid connected Wind Scheme. The scheme is to provide Wind Power at very competitive rates to Obligated Utilities for fulfilling non-solar PRO obligations. As per the provisions of the scheme, SECI will select developers through a transparent bidding process, purchase power from the selected Wind Power Developers and sell the same to Utilities. As per the said scheme the period of Power Purchase Agreement (PPA) and Power Sale Agreement (PSA) will be 25 years from date of Commercial Operation (COD) of the project. Order in Case No 163 of 2018 Page 3

4 h) SECI vide its letter dated 10 April, 2018 had asked MSEDCL for its willingness regarding Wind Power allocation under 2000 MW wind ISTS connected scheme (Tranche IV). i) Further, SECI informed that the bidding for 2000 MW ISTS connected WPP has been conducted on 5 April, 2018 and the discovered tariff has been Rs per unit (excluding Trading Margin). SECI s trading margin is Rs per unit. The projects under Tranche-IV are expected to be commissioned from 2020 onwards. j) MSEDCL vide letter dated7 May, 2018, has given consent to SECI for procurement of 500 MW Wind Power from SECI in order to meet the target of non- Solar RPO of MSEDCL. k) The rates discovered by SECI for 500 MW Wind Power are the lowest rates in the country so far. The Commission vide its Order dated 28 April, 2017 in Case No.33 of 2017 has determined Preferential Tariff for WPP for FY as Rs per unit. l) In the context of above, MSEDCL has requested the Commission to approve the 500 MW of Wind Power Procurement under SECI s projects at discovered tariff of Rs per unit(excluding Trading Margin) and SECI trading margin as Rs per unit.the agreement will be for a period of 25 years from the Scheduled COD for WPP. m) As per Regulation 7.2, of the RPO Regulations, 2016, procurement of RE power within Maharashtra by a Distribution Licensee under MNRE scheme may be considered by the Commission for fulfillment of RPO of Distribution Licensee. The relevant clause is reproduced below: 7 Renewable Purchase Obligation Target 7.2 An Obligated Entity may meet its RPO target by way of its own generation or procurement of power from another RE project or by purchase from a Licensee or by purchase of RECs or by a combination of these options; Provided that procurement of RE power generated within Maharashtra by a Distribution Licensee at a rate other than that approved by the State Commission directly from a generator or a Trading Licensee shall not be considered as eligible quantum for fulfilment of RPO of such Distribution Licensee. Provided further that procurement by a Distribution Licensee of RE power generated within Maharashtra under a scheme of or approved by MNRE may be considered by the State Commission as eligible quantum for fulfillment of RPO of such Distribution Licensee considering the nature of such scheme. (Emphasis Added) Order in Case No 163 of 2018 Page 4

5 n) The third proviso of Regulation 7.2 of the RPO Regulations, 2016 specifies that the RE power generated within Maharashtra under a scheme of or as approved by MNRE may be considered for fulfillment of RPO. o) Further, MSEDCL on 8 August, 2016 had filed petition (MERC Case No, 109 of 2016) before the Commission in the matter of for consideration of Solar Power Procurement under the Jawaharlal Nehru National Solar Mission (JNNSM) against its RPO. p) The Commission, vide its Order dated 20 February, 2017, has approved the same by stating that..since it meets the test of the 2 nd proviso to Regulation 7.2 of the RPO Regulations, 2016 (quoted above). Accordingly, the power procured by MSEDCL from Solar Projects under the JNNSM would be counted against its RPO target and is allowed upto that extent... q) MSEDCL has requested the Commission to consider the 500 MW wind power procured through SECI under MNRE Scheme (Tranche-IV) towards meeting the RPO requirement of it. 4. The proceedings of the hearing held on 19 June, 2018 are summarized as follows: i. The representative of MSEDCL has stated that, a) SECI had carried out Competitive Bidding process for Wind Power allocation under 2000 MW Wind ISTS connected scheme (Tranche IV) on 5 April, 2018 as per the Guidelines issued by MoP dated 8 December, Eight interstate WPP were selected in that process and SECI has discovered compatible rate of Rs 2.52 per unit b) SECI had asked MSEDCL for willingness regarding Wind Power Allocation in this scheme. As the rate discovered is competitive and the process followed by SECI is as per the guidelines, MSEDCL has given its consent to procure power of 500MW at rate of Rs 2.52 per unit with additional 7 paise per unit as trading margin to SECI totaling to Rs 2.59 per unit at State Transmission Utility (STU) level for a period of 25 years. c) As these Projects are expected to be commissioned in year 2020, it will be counted for its RPO compliance in future. ii. On enquiring by the Commission for the number of generators in total 2000 MW capacity and when they are scheduled to inject the power, MSEDCL in reply stated that the power will be injected in FY Order in Case No 163 of 2018 Page 5

6 iii. iv. Dr Ashok Pendse supported the scheme stating that it served the consumer s interest as the rates discovered in the process are quite competitive. Shri. Shantanu Dixit of Prayas Energy Group has also supported the scheme as consumer s interest was protected considering the fact that the rates discovered in the process are quite competitive and much below the rates fixed by Commission. 5. MSEDCL in its subsequent submission vide dated 29 June, 2018, furnished the following details of SECI s list of Generating stations Sr No Bidder s Name Project Capacity (MW) Tariff per unit Project Location 1 Srijan Energy Systems Gujarat 2 Sprng Energy Private Tamil Nadu 3 BLP Energy Private Gujarat 4 Betam Wind Energy Tamil Nadu 5 Inox Wind Infrastructure Services Gujarat 6 Adani Green Energy Gujarat (MP) 7 Mytrah Energy ( India ) Tamil Nadu 8 Renew Wind Gujarat Energy(TN) Private Total 2000 Commission s Analysis and Rulings 6. MSEDCL under the present Petition has sought approvalfor; a) Adoption of tariff at the tariff rate of Rs 2.52 per unit as discovered in by SECI under MNRE Scheme (Tranche-IV). b) To consider the procurement of Wind Power from SECI for meeting non- Solar RPO requirement of MSEDCL. 7. The Commission notes that SECI is designated as an implementing agency for MNRE approved Scheme for Setting up of 2000 MW ISTS- connected Wind Power Projects dated 22 November, The objective of the Scheme is; Order in Case No 163 of 2018 Page 6

7 i. To facilitate fulfilment of Non Solar RPO requirement of Discoms of nonwindy States through supply of Wind Power at a price discovered through transparent bidding process and; ii. To encourage competitiveness in Wind Power Sector through transparent e- bidding followed by e-reverse auction process. As per the provisions of the scheme, SECI will select developers through a transparent bidding process, purchase power from the selected Wind Power Developers and sell the same to Utilities. In the said scheme the period of PPA and PSA will be 25 years from COD of the Project. 8. The Commission in its Order dated 6 December, 2017 in Case No. 157 of 2017 had ruled that in case the standard bidding document is used by MSEDCL, then a specific Petition shall be filed by MSEDCL after bidding process for adoption of tariff as is mandated under Section 63 of EA The said Petition shall cover the following, for approval of the Commission. (i) quantum of power, (ii) Period of power flow, Tariff rate of the RE power to be procured, under Tariff Based Competitive Bidding Process for Short term/ Medium term /Long term basis for adoption under Section 63 of the Act. 9. In the instant Petition, MSEDCL has stated that SECI has conducted the e- bidding and e- reverse bidding as per MoP guidelines dated 8 December, 2017 for 2000 MW ISTS connected Wind Power Project on 5 April, 2018 and discovered tariff at Rs 2.52 per unit (excluding trading margin). MSEDCL vide its letter dated 7 May, 2018 has given its consent for procurement of 500 MW Wind Power in reply to SECI s letter dated 5 April, 2018 for meeting its non- Solar RPO targets. The details of the projects as subsequently submitted by MSEDCL on 29 June,2018 are as follows; Sr No Bidder s Name 1 Srijan Energy Systems 2 Sprng Energy Private 3 BLP Energy Private 4 Betam Wind Energy 5 Inox Wind Infrastructure Services Project Capacity (MW) Tariff per unit Project Location Gujarat Tamil Nadu Gujarat Tamil Nadu Gujarat Order in Case No 163 of 2018 Page 7

8 6 Adani Green Energy Gujarat (MP) 7 Mytrah Energy ( India ) Tamil Nadu 8 Renew Wind Gujarat Energy(TN) Private Total The Commission notes that the rate of Rs 2.52 per unit discovered through the e- bidding and e- reverse auction process carried out by SECI is much competitive in the present scenario. Therefore considering that a due competitive Bidding procedure is followed by SECI and obtaining competitive rates thereafter. The rates are in the interest of consumers as the same are reasonable being much below the ceiling rates for Wind energy fixed by the Commission. Considering the aforesaid, the Commission accords approval for adaption of tariff for 500 MW Wind Power Project at the tariff rate of Rs 2.52 per unit (excluding trading margin of Rs 0.07 per unit) as discovered by SECI under MNRE scheme (Tranche-IV) under Section 63 of the EA Regulation 7.2, of the RPO Regulations, 2016 states that procurement of RE power within Maharashtra by a Distribution Licensee under MNRE scheme may be considered by the Commission for fulfillment of RPO of Distribution Licensee. The relevant clause is reproduced below: 7 Renewable Purchase Obligation Target 7.2 An Obligated Entity may meet its RPO target by way of its own generation or procurement of power from another RE project or by purchase from a Licensee or by purchase of RECs or by a combination of these options; Provided that procurement of RE power generated within Maharashtra by a Distribution Licensee at a rate other than that approved by the State Commission directly from a generator or a Trading Licensee shall not be considered as eligible quantum for fulfillment of RPO of such Distribution Licensee. Provided further that procurement by a Distribution Licensee of RE power generated within Maharashtra under a scheme of or approved by MNRE may be considered by the State Commission as eligible quantum for fulfillment of RPO of such Distribution Licensee considering the nature of such scheme. Order in Case No 163 of 2018 Page 8

9 12. The Commission notes that MSEDCL has proposed to procure 500 MW Wind Power under MNRE approved Scheme for Setting up of 2000 MW ISTSconnected WPP dated 22 November, 2017 to meet its non-solar RPO requirement. MSEDCL vide its dated 29, June 2018 has submitted the details of the SECI s list of Generating stations wherein apparently all these Generators are outside the State of Maharashtra. While 2 nd proviso of Regulation 7.2 of RPO Regulations, 2016 provides for procurement of RE by a Distribution Licensee generated within Maharashtra under a scheme of or approved by MNRE for fulfillment of RPO ; the Commission deems it necessary to invoke provisions of Regulation 19 Power to Remove difficulties of these Regulation. Therefore, since the discovered rats are lowest in the country, in view of large public interest and considering its long term benefit, the Commission accords approval to the proposed Wind Power generation from these projects to count towards fulfillment of MSEDCL s non-solar RPO for the respective periods. The Petition of Maharashtra State Electricity Distribution Co. Ltd. in Case No.163 of 2018 stands disposed of accordingly. Sd/- (Mukesh Khullar) Member Sd/- (Anand B. Kulkarni) Chairperson Order in Case No 163 of 2018 Page 9

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