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State of Himachal Pradesh - Section

Section 2 in Himachal Pradesh Electricity Regulatory Commission (Promotion of Generation from the Renewable Energy Sources and Terms and Conditions for Tariff Determination) Regulations, 2017

2. Definitions and Interpretation.

(1)In these Regulations, unless the context otherwise requires.-
(a)"Act" means the Electricity Act, 2003 (36 of 2003);
(b)"Auxiliary energy consumption" or "AUX" in relation to a period in case of a project means the quantum of energy consumed by auxiliary equipment of the generating station and transformer losses within the generating station, expressed as a percentage of the sum of gross energy generated at the renewable energy generator terminals of all the units of the generating station;
(c)"Capital cost" means the capital cost as defined in regulation 21;
(d)"Commission" means the Himachal Pradesh Electricity Regulatory Commission referred to in sub-section (1) of section 82 of the Act;
(e)"Conduct of Business Regulations" means the Conduct of Business Regulations specified by the Commission under sub-section (1) of section 92 of the Act;
(f)[ "Control period or review period" means the respective periods during which the norms for determination of tariff as specified or fixed under these Regulations from time to time shall remain valid;] [Substituted by Notification No. No. HPERC/428, dated 28.1.2019.]
(g)["Date of commencement of operation of the project/Commercial operation date of the project/COD of the project"] [Substituted 'Date of commencement of operation of the project' by Notification No. No. HPERC/428, dated 28.1.2019.] means the date on which the first unit of the project is synchronized with the grid for the first time;
(h)"Renewable energy generator" means the person(s) generating or intending to generate energy, including cogeneration, from renewable energy sources;
(hh)[ "Government Designated Agency/Designated Agency" means the agency designated by the State Government for certifying the zero date as well as for issuing certificates under regulation 13 of these regulations and for discharging such other functions relating to implementation of SHPs as may be assigned to it by the State Government: [Substituted by Notification No. No. HPERC/428, dated 28.1.2019.]
Provided that the State Government may designate different agencies for different categories of SHPs;]
(i)"HIMURJA" means the Himachal Pradesh Energy Development Agency set up by the State Government for the development of the renewables;
(j)"Installed capacity" or 'IC', for the purpose of tariff determination, means the summation of the name plate capacities of all the units of the generating station, reckoned at the renewable energy generator terminals or the capacity for which the renewable energy generator has executed implementation agreement with the State Government, whichever is higher;
(k)"Interconnection facilities" means all the facilities and works which shall include, without limitation, switching equipment, protection control and metering devices etc. and all the associated works (also including civil and electrical works), for the incoming bay(s) for the project line(s) at the interconnecting sub-station of the licensee and shall also include any other works like re-organisation of bays at the interconnecting sub-station and associated civil works as may be required for facilitating the said incoming bays;
(l)"Inter-connection point" means the physical touch point where the project line(s) and the allied equipments of the interconnection facilities, forming part of the renewable energy project, are connected, or are to be connected, with the transmission system or distribution system, in accordance with the interconnection agreement/connectivity agreement or power purchase agreement or the power system master plan/sub-plan of the State Transmission Utility/distribution licensee, as may be relevant;
(m)"Licensee" means a person to whom a licence has been granted or deemed to have been granted by the Commission under Section 14 of the Act;
(n)"MNRE" means the Ministry of New and Renewable Energy of the Government of India;
(o)"Municipal Solid Waste" means and includes commercial and residential waste generated in a municipal area or its adjoining areas in either solid or semi-solid form excluding industrial hazardous wastes but including treated bio-medical wastes;
(p)"Net saleable energy" in relation to a period and in respect of a project, means the quantum of energy available for sale from that project at the interconnection point in that period, after meeting auxiliary consumption, transformation losses in the transformers at the generating station switchyard, the losses in project line(s) upto the interconnection point and free power, if any, to the State Government;
(q)"Non fossil fuel based co-generation" means the process in which more than one form of energy (such as steam and electricity) are produced in a sequential manner by use of biomass provided the project may qualify to be a co-generation project if it fulfils the eligibility criteria as specified in clause (d) of regulation 4;
(r)"Operation and maintenance expenses" or "O&M expenses" means the expenditure incurred on operation and maintenance of the project, or part thereof, and includes, without limitation, the expenditure on manpower, establishment (including employees expense, administrative and general expenses), repairs, spares, consumables, insurance and overheads as well as the taxes, duties and other levies on any or all such activities;
(s)"Project" means a RE technology based generating station alongwith generator/step up transformers at power house switchyard, the evacuation system upto the interconnection point, including interconnection facilities, and in the case of a small hydro generating station includes, without limitation, all components of generating facility such as dam, intake water conductor system, power generating station and generating units of the scheme, as apportioned to power generation in addition to the project line(s) and the interconnection facilities;
(t)"Project line" means the evacuation infrastructure from the generating station to the interconnecting sub-station of the licensee, to be provided, operated and maintained as a part of the project by the renewable energy generator(s) for the purpose of evacuation of power from the project;
(u)"Refuse Derived Fuel" means segregated combustible fraction of solid waste other than chlorinated plastics in the form of pellets or fluff produced by drying, shredding, dehydrating and compacting combustible components of solid waste that can be used as fuel;
(v)"Renewable energy" means the grid quality electricity generated from renewable energy sources;
(w)"Renewable Energy Certificate mechanism" or "REC mechanism" means the mechanism devised for the development of market in power from non-conventional energy sources by issuance of transferable and saleable credit certificates under the Central Electricity Regulatory Commission (Terms and Conditions for recognition and issuance of Renewable Energy Certificate for Renewable Energy Generation) Regulations, 2010, and the Himachal Pradesh Electricity Regulatory Commission (Renewable Power Purchase Obligation and its Compliance) Regulations, 2010;
(x)"Renewable energy sources" mean renewable sources of energy such as small hydro, wind, solar including its integration with combined cycle, biomass, bio fuel cogeneration, urban or municipal waste including Municipal Solid Waste (MSW) based power projects and Refuse Derived Fuel (RDF) based power projects and other such sources as approved by the MNRE;
(y)"Small Hydro Project" or "SHP" means a hydro power project with a station capacity up to and including 25 MW and shall also include the project line(s) and the Interconnection Facilities.;
(z)"Solar PV power" means the Solar Photo Voltaic power project that uses sunlight for direct conversion into electricity through Photo Voltaic technology;
(aa)"Solar thermal power" means the solar thermal power project that uses sunlight for direct conversion into electricity through concentrated solar power technology based on either line focus or point focus principle;
(ab)"Tariff period" means the period for which tariff is to be determined by the Commission on the basis of norms specified under these Regulations;
(ac)"Useful Life" in relation to a project shall mean the useful life of the following duration from the date of commencement of operation of the project, namely:-
(a) Wind energy power project 25 years
(b) Biomas power project, non-fossil fuel basedcogeneration 20 years
(c) SHPs 40 years
(d) Municipal Solid Waste (MSW)/ Refuse DerivedFuel (RDF) based power project 20 years
(e) Solar PV/Solar thermal power plant 25 years
(f) Any other renewable energy technologyapproved by the MNRE; As may be fixed under regulation 18
(ad)"Year" means a financial year.
(ae)[ "Zero date" means the date as may be defined by the State Government in the State Hydro Policy or as may be notified separately by the State Government pursuant to the same.] [Added by Notification No. No. HPERC/428, dated 28.1.2019.]
(2)The words and expressions used in these Regulations and not defined herein, but defined in the Act or the regulations issued by the Commission, shall have the meanings assigned to them in the Act or in such regulations issued by the Commission; the words and expressions used herein but not specifically defined in these Regulations or in the Act, but defined under any law, passed by a competent Legislature and applicable to the electricity industry in the State, shall have the meanings assigned to them in such law; the words and expressions used herein, but not specifically defined in the Regulations or in the Act or any law passed by a competent Legislature, shall have the meanings as are generally assigned to them in the electricity industry.