Case No. 109 of Coram. Shri Azeez M. Khan, Member Shri Deepak Lad, Member. Maharashtra State Electricity Distribution Co. Ltd.
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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. 109 of 2016 In the matter of Petition of Maharashtra State Electricity Distribution Co. Ltd. for consideration of Solar power procurement under the Jawaharlal Nehru National Solar Mission against its Renewable Purchase Obligation Coram Shri Azeez M. Khan, Member Shri Deepak Lad, Member Maharashtra State Electricity Distribution Co. Ltd. Maharashtra Energy Development Agency Petitioner Impleaded Party Appearance: For Petitioner For Impleaded Party For Authorized Consumer : Shri D.H.Kulkarni (Rep) : Shri. P.C.Diwakar (Rep) : Dr. Ashok Pendse, TBIA ORDER Dated: 20 February, Maharashtra State Electricity Distribution Co Ltd., Prakashgad, 5 th floor, Station Road, Bandra (East), Mumbai, has filed a Petition on 8 August, 2016 for considering Solar power procurement under the Jawaharlal Nehru National Solar Mission (JNNSM) against its Renewable Purchase Obligation (RPO) under the provisions of Regulations 7.2 and 19 of the MERC (Renewable Purchase Obligation, its Compliance and Implementation of Renewable Energy Certificate Framework) Regulations, 2016 ( RPO Regulations ). 2. MSEDCL s prayers are as follows: a) To admit the Petition as per the provisions of the Regulation 19 of MERC (RPO, its compliance and implementation of REC framework) Regulations, b) To consider and approve the Solar power being procured and proposed to be procured under MNRE approved Schemes, to be eligible for meeting the Solar RPO requirement of Order in Case No. 109 of 2016 Page 1 of 6
2 MSEDCL with reference to the Regulation 7.2 of MERC (RPO, its compliance and implementation of REC framework) Regulations, c) To consider the submission made by the Petitioner and consider the same positively while deciding the Petition; d) 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; e) Condone any error/omission and to give opportunity to rectify the same; f) To permit the Petitioner to make further submissions, addition and alteration to this Petition as may be necessary from time to time. 3. The Petition states as follows: (1) MSEDCL is purchasing Solar power under the JNNSM for fulfillment of its Solar RPO target as under: a) 21 MW Solar Power under JNNSM Phase-I, Migration, Batch-I and Batch-II Schemes. b) 50 MW Solar Power under JNNSM Phase-II, Batch-I Scheme through Nodal Agency Solar Energy Corporation of India (SECI) c) 500 MW Solar power under JNNSM Phase-II, Batch-III Scheme through Nodal Agency SECI d) Additional 500 MW Solar Power under JNNSM Phase-II, Batch-III Scheme through Nodal Agency SECI (2) Regulation 7.2 of the RPO Regulations, 2016 specifies that an Obligated Entity may meet its RPO target by way of its own generation, or procurement of power from another Renewable Energy (RE) Project, or by purchase from a Licensee, or by purchase of Renewable Energy Certificates (RECs), or by a combination of these options. The Regulation also states that the procurement by a Distribution Licensee of RE power generated within Maharashtra under a Scheme of or approved by the Ministry of New and Renewable Energy (MNRE), Govt. of India may be considered by the Commission as eligible quantum for fulfillment of its RPO considering the nature of such Scheme. (3) MNRE announced the JNNSM in 2009 with a target of MW Solar power by the end of A subsidiary company of National Thermal Power Corporation (NTPC), i.e. NTPC Vidyut Vaypar Nigam Ltd. (NVVN), is the Nodal Agency for implementing the bundling Scheme (Solar power bundled with thermal power) under JNNSM Phase-I. This bundled power is being sold to the Distribution Licensees at the Central Electricity Regulatory Commission (CERC) determined prices. (4) MSEDCL has signed a Power Sale Agreement with NVVN on 15 October, 2010 for the following Projects: Sr.No Scheme Project holder Capacity Rate at which Solar power is sold by SPD to NVVN 1 Migration Clover Solar Pvt. Ltd 2 MW Rs.17.91/- Order in Case No. 109 of 2016 Page 2 of 6
3 2 MSPGCL 4 MW Rs.17.91/- 3 Videocon Industries 5 MW Rs.17.91/- (5) The Commission accepted, in principle, the Solar power purchase under the bundling arrangement vide its Order dated 12 May, 2010 in Case No.106 of (6) MSEDCL has signed a Power Sale Agreement with NVVN on dated 5 January, 2012 for purchase of power under the JNNSM Phase-I (Batch-I and Batch-II) bundling Scheme, and is accordingly purchasing 10 MW Solar power as under: Sr. No Scheme Project holder Capacity Rate at which Solar power is sold by SPD to NVVN 1 Batch-I Firestone Trading Co. Ltd 2 Batch-II Shree Sai baba Green Power Pvt.Ltd 5 MW Rs.10.95/- 5 MW Rs.8.73/- (7) MSEDCL is purchasing Solar power from these Developers after bundling (Solar + thermal) at a rate of around Rs to Rs. 4.50/- per unit. The Solar power purchase is being considered for fulfillment of Solar RPO compliance by the Commission, but formal approval is requested. (8) In April, 2013, MNRE, vide letter dated 30 April, 2013, sought consent of the State Utilities for participation in the development of 750 MW Solar power Projects Scheme being implemented by SECI under JNNSM Phase-II as Batch-I through Viability Gap Funding (VGF) support. The power was to be made available at Rs.5.50/- p.u. for the entire tariff period (25 years). MSEDCL conveyed its consent vide letter dated in order to participate in the Scheme after taking consent of the Maharashtra Energy Development Agency and informing the Commission. (9) MSEDCL was then allocated 50 MW Solar power under JNNSM Phase-II, Batch-I Scheme by SECI vide letter dated 11 July, Thereafter, in December, 2014, the MNRE, vide letter dated 19 December, 2014, sought consent of State Utilities for participation in the VGF (State-specific) Scheme to be implemented by SECI under JNNSM Phase-II as Batch-III. The power procured under the Scheme could be utilized for fulfillment of the Solar RPO target. The power was to be made available at a tariff of Rs.5.50/- for the 1 st year, with increase of Rs.0.05 every year, and was to be capped finally at Rs.6.50/- in the 21 st year and remain at the same level till completion of the full period of 25 years. The selection of Solar Projects was to be carried out by SECI through a bidding procedure as per the MNRE guidelines. (10) MSEDCL has given consent to MNRE to participate in the proposed JNNSM Phase II Batch III for procurement of 500 MW Solar power from SECI, which is available at a cheaper rate (less than the Commission-determined Feed-In/ preferential Tariff) in order to meet its RPO target. MSEDCL s willingness to buy 500 MW Solar power was conveyed to MNRE vide letter dated 28 January, Order in Case No. 109 of 2016 Page 3 of 6
4 (11) Vide letter dated 28 December, 2015, MNRE informed all States that the benchmark tariff was reduced to Rs. 4.50/ kwh without any escalation for the next 25 years. It also informed that SECI would come out with State-specific tenders based on demand from various States. MSEDCL conveyed its consent vide letter dated 28 March, 2016 to buy additional 500 MW (500 MW MW) Solar power under JNNSM Batch-III, Statespecific VGF Scheme as the power was to be made available at Rs.4.50/- per unit. (12) The Scheme for setting up of 2000 MW Grid-connected Solar PV Power Projects under Phase II, Batch-III of JNNSM is aimed at facilitation of energy security and fulfillment of RPO requirements of the Obligated Entities. MNRE had issued guidelines for competitive bidding in RE (except wind) in December, This bidding for Solar power was carried out by SECI as per those guidelines of MNRE. (13) The Commission has approved the Solar power procurement of MSEDCL through the migration-bundled power Scheme under Phase-I of JNNSM vide order dated 12 May, 2010 in Case No.106 of (14) Further, vide Order dated 29 October, 2013 in Case No. 92 of 2013 filed by Brihanmumbai Electric Supply and Transport Undertaking (BEST), another Distribution Licensee, the Commission has approved the power procured by BEST from Welspun Energy Pvt. Ltd, through a competitive bidding process (at a tariff lower than that determined by the Commission) for fulfillment of its RPO. (15) While ruling in Case No. 57 of 2011 on the Petition of Reliance Infrastructure Ltd. Distribution (R-Infra-D) seeking clarification on various issues relating to RPO compliance, the Commission clarified that the spirit behind the phrase rate approved by the State Commission in Regulation 7.2 of the RPO Regulations, 2010 means that a Distribution Licensee is free to source RE power from an Electricity Trader so long as the mutually agreed price plus the trading margin does not exceed the rate approved by the State Commission. 4. In its submission dated 15 October, 2016, MEDA has stated that : (1) The Projects cited in MSEDCL s Petition are within Maharashtra, under JNNSM Phase-I, Migration, Batch-I and Batch-II. (2) The 2nd proviso of Regulation 7.2 of RPO Regulations, 2016 provides that RE power procured by a Distribution Licensee under MNRE-approved Schemes would be a valid instrument for its RPO compliance. Hence, the Commission may issue Orders/relief accordingly. 5. At the hearing held on 20 December, 2016, MSEDCL reiterated its submissions and requested the Commission to approve the Solar Power being procured and proposed to be procured under JNNSM, which is an MNRE-approved Scheme, as eligible for meeting its Solar RPO requirement. MEDA stated that the Projects cited in its Petition are all within Maharashtra, under JNNSM Phase-I, Migration, Batch-I and Batch-II. Hence, the Commission may issue Orders/relief accordingly. Commission s Analysis and Ruling 6. Regulation 7.2 of the RPO Regulations, 2016 provides that an Obligated Entity such as MSEDCL, which is a Distribution Licensee may meet its RPO target through its own RE generation, or by purchase from some other RE Project or from another Distribution Licensee, or through RECs, or a combination of these. The 1 st proviso of Regulation 7.2 Order in Case No. 109 of 2016 Page 4 of 6
5 provides that RE power generated within the State by a Distribution Licensee from a Generator or Trader at a rate other than that approved by the Commission shall not count against its RPO. However, the 2 nd proviso reads as follows: 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. MSEDCL seeks that the Solar power it is or is proposing to procure under the JNNSM be considered by the Commission as eligible for fulfilment of its Solar RPO, considering the 2 nd proviso to Regulation 7.2 quoted above. 7. In the past also, the Commission had approved the Solar power procurement of MSEDCL from the Migration-bundled Scheme under Phase-I of the JNNSM vide its Order dated 12 May, 2010 in Case No.106 of 2009, shortly before the RPO Regulations, 2010 were notified: 13. The Commission appreciates the proposed Scheme for migration under National Solar Mission, which would enable the State Utilities to benefit from the harnessing of Solar power within the State and at the same time meet their renewable purchase obligations, and thus does not have any objection for all the eligible Solar Projects from the State being part of the Migration Scheme under JNNSM. However, the issues of approval of power purchase cost and quantum from such eligible Solar power Projects under JNNSM can be considered in accordance with the requirements of Section 86(1)(b) subject to regulatory scrutiny at the time of approval of aggregate revenue requirement upon due regulatory process. The Commission hereby directs MSEDCL to submit details of power purchase quantum and cost thereof corresponding to such eligible Solar power Projects under JNNSM, separately, along with copies of power purchase agreement(s) thereof along with its Petition for approval of aggregate revenue requirement. 8. The Commission notes that the Solar power is being or is proposed to be procured by MSEDCL under the JNNSM, which is a scheme of the MNRE. MSEDCL has stated and MEDA has confirmed that the Solar Projects cited in the Petition are located in Maharashtra. The Commission also notes that MSEDCL has so far fallen short of its Solar RPO targets, and that the rates for Solar power procurement under JNNSM are below the preferential tariff determined by it. In these circumstances, the Commission approves MSEDCL s proposal 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. MSEDCL shall provide details of such procurement, with supporting material, as a part of its Aggregate Revenue Requirement in its Mid-Term Review Petition. The Petition of Maharashtra State Electricity Distribution Co. Ltd. in Case No. 109 of 2016 stands disposed of accordingly. Sd/- (Deepak Lad) Member Sd/- (Azeez M. Khan) Member Order in Case No. 109 of 2016 Page 5 of 6
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