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State of Himachal Pradesh - Section
Section 11 in Himachal Pradesh Electricity Regulatory Commission (Promotion of Generation from the Renewable Energy Sources and Terms and Conditions for Tariff Determination) Regulations, 2017
11. [ [Omitted by Notification No. No. HPERC/428, dated 28.1.2019.]
***]| 11. Special provisions for Small Hydro Projects.- (1) Where the first Implementation Agreement of a small hydro project has been executed on or before 31st December, 2014 and neither any joint petition for approval of the Power Purchase Agreement has been filed before, nor any power purchase agreement, whether under REC Mechanism or otherwise, has been approved by, the Commission for such project prior to the date of commencement of these Regulations, the norms, tariffs and other associated terms and conditions as per Himachal Pradesh Electricity Regulatory Commission (Promotion of Generation from the Renewable Energy Sources and Terms and Conditions for Tariff Determination) Regulations, 2012, shall be applicable in the same manner as applicable to the small hydro projects covered in the said Regulations:Provided that for the purpose of this regulation, the date of signing the first Implementation Agreement of the small hydro project shall only be taken into account and the Supplementary Agreement(s), if any, executed thereafter due to any reason, but other than due to enhancement of capacity, whatsoever, viz for extension of the scheduled completion date, shall not be considered:Provided further that in cases where the power purchase agreements have already been approved by, or the joint petitions for approval of the power purchase agreement(s) have been filed before, the Commission prior to the date of commencement of these Regulations, the tariff(s) for such small hydro projects shall be governed as per the provisions of power purchase agreements and relevant Regulations irrespective of the dates on which such agreement(s) are actually approved and/or executed:Provided further that if a Supplementary Implementation Agreement is executed on or after 1st January, 2015 to provide for enhancement of capacity, the tariff and other terms and conditions as per regulation 14 and regulations 20 to 41 shall be applicable only for the incremental energy generation as per the provisions under regulations 17.(2) Save as provided in sub-regulation(1), the tariff determined under the regulation 14 and regulations 20 to 41 shall be applicable only for such small hydro projects where-(i) the 1st Implementation Agreement has been signed on or after 1st January, 2015;(ii) no power purchase agreement, whether under REC Mechanism or otherwise, has been approved by the Commission before the date of commencement of these Regulations; and(iii) the RE generator implementing the small hydro project has neither filed joint petition for approval of PPA before the Commission, nor has commenced the operation of its project, prior to the date of commencement of these Regulations. |