were issued to the bidders. The
bidders were required to quote the Net Quoted Heat Rate (NQHR)/
Net Station Heat Rate (NSHR) and the capacity ... such compensation can be paid
without changing the quoted bid Parameter i.e., quoted SHR. The
Appellant is seeking similar relief
station.
5.14 In the case of procurement under Case-1,
(i) the bidder shall quote the price of electricity at the interconnection
point, i ... option to quote firm Quoted Capacity
Charges and/or firm Quoted Energy Charges for the term of the
PPA, i.e., where the Quoted Escalable
Quoted Capacity Charges after duly escalating
the Quoted Escalable Capacity Charge on the basis of the
escalation rates specified in Clause 3.3.1.3.
The Quoted tariff ... option to quote firm Quoted Energy
Charges and/or firm Quoted Capacity Charges for the term of
the PPA, i.e. where the Quoted Escalable
Question No.(iv): The Regulation No. 30 (i) quoted above has
no 'proviso'. There is no regulation that provides an exception to
Regulation ... Regulation No.30. Yet the
Commission in its clarificatory letter dated 08.02.08 quoted above
says : "However, the said funding arrangement for electrification
work
would be fully sustainable based on the tariff
quoted by the Appellant; (iv) the tariff quoted by Appellant for initial 10
years and thereafter from ... quoted by the Appellant; it had quoted a very
low tariff; and it was also observed that the other bidder, IOCL had also
quoted similarly
total contracted capacity of 100 MW, as quoted
under the Bid, and thereafter the Appellant approached the
Respondent Commission for the adoption of Tariff ... QUESTIONS OF LAW:-
The Appellant has raised following questions of law:-
(i) Whether the Respondent Commission exceeded its jurisdiction
as prescribed under Section
transportation tariff will be lower of the following: - (i) calculated
based on the quoted tariff for MBPL by following actual path ... transportation tariff will be
lower of the following: - (i) calculated based on the quoted
tariff for MBPL by following actual path
Term basis at levelised tariff rate of
Rs. 3.667 i.e. well below the tariff quoted by the Appellant
Essar Power Limited and requesting ... unit which is lesser than the price
quoted by the lowest bidder i.e. the Appellant. Then Noida
Power approached the Evaluation Committee to consider
Addendum-I of the ACBD, Clause 14.2 which stated that the level of
unreasonably high and unreasonably low quotes will be determined by the
Board ... said 2 bidders i.e. the entity with the highest
composite score, to negotiate and improve/revise its quoted bid to the
minimum requirement
Quoted Escalable Capacity Charge on the basis of the escalation
rates specified in Clause 3.3.1.3.
3. The Quoted Tariff in Format 1 of Annexure ... option to quote firm Quoted Energy
Charges and/or firm Quoted Capacity Charges for the term of the
PPA, i.e. where the Quoted Escalable
