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[Cites 0, Cited by 0] [Section 17] [Entire Act]

State of Himachal Pradesh - Subsection

Section 17(5) in Himachal Pradesh Electricity Regulatory Commission (Promotion of Generation from the Renewable Energy Sources and Terms and Conditions for Tariff Determination) Regulations, 2017

(5)Where different sets of CommissionÂ’s regulations as per sub-regulation 3 of this regulation, or different sets of provisions/norms of Himachal Pradesh Electricity Regulatory Commission (Promotion of Generation from the Renewable Energy Sources and Terms and Conditions for Tariff Determination) Regulations, 2017 as per the provisions under sub-regulations (4) of this regulation, are applicable for the net saleable energy corresponding to the original capacity and for the additional capacity, a composite rate shall be worked out, on normative basis, for the net saleable energy corresponding to the enhanced capacity, as follows, namely:-
(i)the generic levellised tariff applicable for the net saleable energy in relation to the original capacity as per the sub-regulation (3) or sub-regulation (4) as applicable, shall be considered for the net saleable energy in relation to the annual energy generation corresponding to 75% dependable year as per the Detailed Project Report for the original capacity, irrespective of the date of signing of the power purchase agreement for the original capacity;
(ii)for the net saleable energy in relation to the annual incremental energy generation due to enhancement of capacity i.e. the annual additional energy generation which is expected to take place in the 75% dependable year as per the detailed project report for the enhanced capacity, the generic levellised tariff applicable for the net saleable energy in relation to the additional capacity as per the provisions of sub-regulation (3) or sub-regulation (4), of this regulation, as applicable, shall be considered:
Provided that the tariffs considered for the respective energy quantums as per clauses (i) and (ii) of this sub-regulation shall be governed by the respective associated terms and conditions as per the respective power purchase agreements and the applicable provisions for respective capacities:Provided further that in case the applicable provisions for the respective capacities provide for any adjustment of the corresponding tariff, such adjustment(s) shall also be made only for the respective energy quantums as per clauses (i) and (ii) of this sub-regulation under this regulation and the adjusted composite rate shall be calculated accordingly:Provided further that while computing such composite rate, the free power (in percentage) shall, save as provided in sub-regulation (7) , be accounted for as follows, namely:-
A if no separate rates of free power (inpercentage) are provided in supplementary IA for the originalcapacity and for the additional capacity and only composite rateis provided for the enhanced capacity; composite rate of free power (in percentage),not exceeding the limits specified in regulation 36, for theentire capacity i.e. in relation to the original capacity as wellas additional capacity;
B if separate rates for original capacity and forthe additional capacity are provided in the supplementaryImplementation Agreement; Separate adjustments in accordance with thelimits specified in regulation 36 shall be made for the netsaleable energy in relation to the two capacities i.e. originalcapacity and additional capacity at corresponding rates of freepower (in percentage). In such cases the limits as per regulation36 shall be applicable separately for the two capacities:
Provided further that the composite rate for the entire net saleable energy shall, in no case, be higher than the generic levellised rate applicable under Himachal Pradesh Electricity Regulatory Commission (Promotion of Generation from the Renewable Energy Sources and Terms and Conditions for Tariff Determination) Regulations, 2017 as on the date of approval of the PPA for the additional/enhanced capacity or the date on which any part of additional capacity is synchronized, whichever is earlier, for the small hydro project category under which the enhanced capacity falls:Provided further that in cases where the incremental capacity is commissioned in phases, the tariff(s) during such interim stages shall be computed based on such incremental energy generation corresponding to the additional capacity actually installed from time to time.] [Substituted by Notification No. No. HPERC/428, dated 28.1.2019.]