Section 13 in Himachal Pradesh Electricity Regulatory Commission (Promotion of Generation from the Renewable Energy Sources and Terms and Conditions for Tariff Determination) Regulations, 2017
13. Tariff options/applicability.
(1)The following tariff options, subject to mutual acceptance of both the parties, shall be available to the renewable energy generator and the distribution licensee, intending to sell/purchase power from small hydro projects for the entire useful life of the project ,-[***] [Omitted '(Clause (i))' by Notification No. No. HPERC/428, dated 28.1.2019.](ii)[***] [Omitted 'for the small hydro projects not covered under preceding clause (i)' by Notification No. No. HPERC/428, dated 28.1.2019.](a)[ to be governed by the generic levellised tariff to be determined by the Commission, in accordance with regulation 14, in relation to the control period in which the RE Generator and Distribution Licensee file the joint petition for approval of PPA: [Substituted by Notification No. No. HPERC/428, dated 28.1.2019.]Provided that if a SHP achieves the date of commencement of operation of the project within the stipulated time period, as approved in the Technical Concurrence(TC) or Techno Economic Clearance (TEC) or in the first implementation agreement signed by RE generator with the State Government whichever is lesser or least, after achieving the zero date except force majeure conditions or reasons not attributable to the developer and a certificate to this effect is issued by the Government designated agency, the Commission, on receipt of such a certificate alongwith other details as it may require, may, on a petition from the concerned SHP developer, allow the tariff applicable for the control period in which the date of commencement of operation of the project falls:Provided further that the Government designated agency shall, for the purposes of certifying the zero date and issuing the certificate as per the preceding proviso to this regulation, follow uniform and transparent procedures, including extra checks in cases where tariff is likely to be impacted, to be framed by it with the approval of the State Government and shall also duly take into account the various provisions of State Hydro Policy as applicable from time to time.](b)to be governed by project specific levellised tariff to be determined by the Commission in accordance with the regulations 15 and 19, including the exit options available thereunder to the parties;(c)to be governed by any other tariff, as may be mutually agreed by them with the prior approval of the Commission, in accordance with the regulation 42;(d)to be governed by the process of competitive bidding in cases where the licensee resorts to competitive bidding.(2)Where, after sale of net saleable energy to the licensee as per the power purchase agreement(s) approved by the Commission under REC mechanism in the initial periods, the net saleable energy is to be sold to the distribution licensee for the residual period of the useful life of the project, the tariff for such sale for such residual period shall be regulated in accordance with the regulation 16.(3)Where, after execution of a long term power purchase agreement, the capacity of the project is enhanced with the approval of the State Government, the tariff shall be regulated under regulation 17.(4)In case of the renewable energy sources, other than small hydro projects, the tariff options, as provided in regulation 18, shall be available to the parties intending to enter into power purchase agreement for sale/purchase of power.(5)The parties shall, while arriving at a mutual understanding about sale/purchase of power, also mutually decide the tariff option to be adopted, and shall, before submitting the joint petition for approval of the proposed power purchase agreement under regulation 8, also reflect the same in the proposed power purchase agreement:Provided that the tariff option adopted in the power purchase agreement shall be irrevocable and binding.
