Section 18 in Himachal Pradesh Electricity Regulatory Commission (Promotion of Generation from the Renewable Energy Sources and Terms and Conditions for Tariff Determination) Regulations, 2017
18. Tariff for renewable energy projects, other than small hydro projects.
(1)The renewable energy projects, other than small hydro projects, may include the following:-(i)Wind power project;(ii)Biomass based power project based on Rankine cycle technology;(iii)Non-fossil fuel based co-generation project;(iv)Biomass gasifier based power project;(v)Municipal Solid Waste (MSW) based power projects and Refuse Derived Fuel (RDF) based power projects;(vi)Solar PV and solar thermal power projects;(vii)Hybrid projects other than Hybrid solar thermal power plants including renewable -renewable or renewable - conventional sources, for which renewable technology is approved by the MNRE;(viii)Biomass project other than that based on Rankine cycle technology application with water cooled condenser;(ix)Any other renewable energy technology which may be approved by the MNRE.(2)Where the technological specific parameters and other terms and conditions, including the tariff period and useful life of the project, have not been specified, the Commission may, by an order, at any time and at such intervals as it considers appropriate to do so, fix the same:Provided that in case of renewable technologies, other than small hydro projects, such parameters and terms conditions may also include other suitable provisions as the Commission may feel necessary to address the situations covered under regulations 16 and 17:Provided further that the Commission may, by order, categorise the renewable energy projects, other than small hydro projects, under the respective renewable energy technologies specified in sub-regulation (1), based on the capacity of projects, the available subsidy schemes and such other factors as may be considered appropriate by it:Provided further that the Commission may, in order to promote such technologies for smaller capacities, follow, mutatis mutandis, upto the limits as it may consider necessary separately for each such technology but not exceeding 5 MW for any such technology, any or all of the technological specific parameters, including capital cost, and other terms and conditions or the tariff, in respect of the relevant part of the control period for the relevant renewable energy technology, as it may deem fit -(a)as specified or adopted by the Central Commission for determining project specific tariff for any project(s) or generic levellised tariff for any category of project(s); or(b)the rate discovered though competitive bidding undertaken by any Government agency; or(c)the inputs available from any other sources, as the Commission may find appropriate:Provided further that the financial norms, except for capital cost, as specified under Chapter-IV of these Regulations shall also be considered as ceiling norms.(3)The Commission may, after having fixed the norms/parameters and other related terms and conditions as per sub-regulation (2), determine, or otherwise fix, by order, either generic levellised tariff(s) for any or all categories of such renewable energy technology(ies):Provided that the Commission may, by order, fix, at such time intervals as it may consider appropriate, the ceiling rates and associated terms and conditions to be used by the licensee for reverse bidding for procurement of power from the projects based on such technologies.(4)The renewable energy generator and the distribution licensee intending to sell/purchase power from the projects based on the renewable energy sources, other than the small hydro projects, for the entire useful life of the project, may, at the time of filing joint petition for the approval of the power purchase agreement, mutually agree to be governed by the generic levellised tariff, if the Commission has already determined or expressed its intention, by order, to determine such a rate for that technology, or in absence of Commission having expressed any such intention, for determination of project specific tariff by the Commission.(5)In order to facilitate execution of the power purchase agreements by the distribution licensee with the renewable energy generator, within the framework of sub-regulation (4), the Commission may, subject to mutual agreement between the parties, allow, or otherwise direct, the parties to incorporate in the power purchase agreement-(i)a provisional tariff based on the generic levellised tariff, if any, notified by the Central Commission for that technology(ies), for the relevant timeframe, or any other rate as may be considered appropriate by the Commission;(ii)other related terms and conditions including the maximum permissible variations in the provisional tariff;(iii)any deviations from norms, as may be mutually agreed by the parties under regulations 32 and 42; and(iv)any other conditions as may be considered appropriate by the Commission.
