## Report on Amendment to Tariff Determination Guidelines for Power Procurement by Distribution Licensees
**1. Executive Summary:**
This report analyzes an amendment to the Ministry of Power's guidelines for tariff determination by bidding process for power procurement by distribution licensees. The amendment, issued by the Central Electricity Regulatory Commission (CERC), corrects an error in the calculation of the escalation rate for domestic coal. The original calculation incorrectly used the coal price index for the period September 2020 to August 2021, instead of December 2020 to August 2021, following a revision of coal prices by Coal India Ltd. This amendment substitutes the incorrect escalation rate with a corrected rate of 0.92, impacting payments to power producers for domestic coal used between October 1, 2021, and March 31, 2022.
**2. Introduction:**
This report provides an analysis of the CERC's amendment regarding the determination of tariffs for power procurement by distribution licensees, based solely on the provided policy text published in the Gazette of India. The report aims to inform stakeholders about the nature of the amendment and its potential implications.
**3. Policy Overview:**
* **Original Policy:** This amendment pertains to the Ministry of Power Notification dated 19.1.2005, as amended, which provides guidelines for the determination of tariff by bidding process for procurement of power by distribution licensees. CERC notification dated 27.10.2021, which the amendment addresses.
* **Core Objective(s):** The underlying objective, inferred from the text, is to ensure accurate and fair tariff determination for power purchased by distribution licensees, particularly regarding fuel cost adjustments, which are important in long-term Power Purchase Agreements (PPAs). The text emphasizes accuracy in calculating escalation rates for domestic coal, a significant input cost in power generation.
**4. Background and Rationale:**
The amendment addresses an error in calculating the escalation rate for domestic coal used in power generation. Following Coal India Ltd.'s revision of coal prices effective December 1, 2020, CERC revised its Coal Price Index accordingly. However, when calculating the escalation rate for domestic coal to be applied to payments between October 1, 2021, and March 31, 2022, the revised coal price index was incorrectly applied to the period from September 2020 to August 2021 instead of December 2020 to August 2021. This amendment rectifies this error to ensure correct payment.
**5. Key Provisions / Changes:**
* **Specific Part Changed:** The amendment alters the escalation rate for domestic coal specified in Sr. No. 1 of the table within the CERC notification dated October 27, 2021.
* **New Rule/Provision:** The amendment substitutes the previous, incorrect escalation rate for domestic coal with a fixed annual escalation rate of **0.92**.
* **Difference/Effect of the Change:** The change corrects an error in the calculation. This ensures that power producers using domestic coal are paid based on the correct escalation rate, which reflects the actual changes in coal prices following Coal India Ltd.'s price revision. The impact will be on the payments for coal used from October 1, 2021, to March 31, 2022. The text implies that without this change, the payments would be inaccurate.
**6. Target Audience and Stakeholders:**
The primary stakeholders affected by this amendment are:
* **Distribution Licensees:** These entities procure power and are responsible for paying generators based on the determined tariffs.
* **Power Generating Companies:** Specifically, those using domestic coal and selling power to distribution licensees under agreements subject to the referenced tariff guidelines.
* **Central Electricity Regulatory Commission (CERC):** The agency responsible for ensuring fair and accurate tariff determination and regulatory oversight.
* **Coal India Limited (CIL):** Since their price revisions triggered the recalculation.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency:** The Central Electricity Regulatory Commission (CERC) is responsible for implementing the amended guidelines.
* **Timeline:** The corrected escalation rate applies to the period from October 1, 2021, to March 31, 2022. The notification is dated December 22, 2021.
* **Procedure:** Distribution licensees are expected to recalculate payments to power generators for domestic coal used during the specified period, using the corrected escalation rate of 0.92.
**8. Expected Outcomes / Impact of Changes:**
The intended outcome of this amendment is to correct payments to power producers using domestic coal during the defined period. By using the corrected escalation rate, the amendment aims to ensure accurate and fair compensation, preventing either overpayment or underpayment due to the initial calculation error. It ensures adherence to the Ministry of Power's guidelines and maintains the integrity of the tariff determination process.
**9. Conclusion:**
The CERC's amendment is a necessary correction to ensure accurate tariff determination for power procurement by distribution licensees. By addressing the error in the calculation of the escalation rate for domestic coal, the amendment promotes fairness and transparency in the power sector, impacting both distribution licensees and power generators. The correction, though seemingly minor, has a real financial impact for the parties involved, given the scale of power procurement.
Key Entities Referenced
NEW DELHI: Location where the notification was issued.
WEDNESDAY, JANUARY 5, 2022: Date of publication of the notification.
PAUSHA 15, 1943: Date in the Indian national calendar, corresponding to the Gregorian date.
22 fnlEcj 2021: Date (December 22, 2021) in Hindi, relevant to the notification.
Ministry of Power: The governmental ministry that issued the notification dated 19.1.2005.
19.1.2005: Date of the Ministry of Power Notification regarding guidelines for tariff determination.
Guidelines for Determination of Tariff by Bidding Process for Procurement of Power by Distribution Licensees: Subject of the Ministry of Power notification dated 19.1.2005.
Central Electricity Regulatory Commission: Regulatory body that issued the notification dated 27.10.2021 and the corrigendum.
27.10.2021: Date of the Central Electricity Regulatory Commission's notification regarding escalation rates.
Coal India Ltd: Company that revised coal prices.
27.11.2020: Date of Coal India Ltd's notification regarding revised coal prices.
01.12.2020: Effective date of the revised coal prices from Coal India Ltd.
CERC: Abbreviation for Central Electricity Regulatory Commission.
December, 2020: Month from which the CERC revised its Coal Price Index.
September 2020 to August 2021: Period initially used (incorrectly) for computing the escalation rate for domestic coal.
December 2020 to August 2021: Correct period to be used for computing the escalation rate for domestic coal.
1.10.2021 to 31.3.2022: Period for which the payment is applicable and during which the domestic coal escalation rate calculation error occurred.
01.10.2021 to 31.03.2022: Period for which the Annual Escalation Rates are applicable.
SANOJ KUMAR JHA: Secretary who signed the notification.
0.92: Corrected escalation rate for domestic coal.
Eco22021CERC: Reference number for the notification from the Central Electricity Regulatory Commission.
Government of India Press, Ring Road, Mayapuri, New Delhi110064: Location where the document was printed
Controller of Publications, Delhi110054: Publisher of the document
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
सी.जी.-डी.एल.-अ.-06012022-232456
xxxGIDHxxx
CG-DL-E-06012022-232456
xxxGIDExxx
असाधारण
EXTRAORDINARY
भाग III—खण् ड 4
PART III—Section 4
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 6] नई दिल्ली, बुधवार, िनवरी 5, 2022/पौष 15, 1943
No. 6] NEW DELHI, WEDNESDAY, JANUARY 5, 2022/PAUSHA 15, 1943
ubZ fnYyh] 22 fnlEcj] 2021
Þforj.k vuqKfIr/kkfj;ksa }kjk fo|qr dh [kjhn ds fy, cksyh izfØ;k ls VSfjQ ds
vo/kkj.k d s fy, fn'kkfunsZ'kß ds laca/k ea s fo|qr ea=ky; dh ¼le;≤ ij ;Fkkla'kksf/kr½ fnukad 19-1-2005 dh
vf/klwpuk ds [kaM 5-6 ¼vi½ ds vuqlj.k ea,s dsaæh; fo|qr fofu;ked vk;ksx us fnukad 27-10-2021 dh vf/klwpuk ds ek/;e
ls Hkqxrku ds mÌs'; ls ?kjys w dks;ys ds fy, o`f) nj lfgr fofHkUUk o`f) njks a vkSj vU; ekudksa dk s vf/klwfpr fd;k FkkA
2- dksy bafM;k fyfeVMs us fnukad 27-11-2020 dh viuh vf/klwpuk ds ek/;e ls fnukad 01-12-2020 ls dks;y s dh
dherks a ea s iqujh{k.k fd;k gSA bl iqujh{k.k ds ifj.kkeLo:i, dsfofovk us vius dks;yk eYw ; lwpdkad dks fnlacj, 2020 l s
iqujhf{kr fd;k gS vkSj bls viuh osclkbV ij izdkf'kr fd;kA rFkkfi, iqujhf{kr dk;s yk eYw ; lwpdkad dk mi;ksx] 1-10-
2021 ls 31-3-2022 dh vof/k ds fy, ykxw Hkqxrku ds fy, ?kjys w dks;y s dh o`f) nj dh lax.kuk djr s le; fnlacj 2020
ls vxLr 2021 ds LFkku ij flracj 2020 ls vxLr 2021 rd dh vof/k ds fy, fd;k x;k gSA blfy,, ?kjys w dk;s y s ds
fy, o`f) nj dh lax.kuk djus ea s =qfV gqbZ FkhA
3- vkadM+ks a dks lgh djds] vFkkZr~ dsfofovk dh osclkbV ij izdkf'kr dk;s yk eYw ; lwpdkad dk mi;ksx djds
¼vFkkZr fnlacj, 2020 ls iqujhf{kr dk;s yk eYw ; lwpdkad dk s /;ku ea s j[kr s gq,½, ?kjys w dk;s ys dh o`f) nj dh lax.kuk dh
xbZ gSA rnuqlkj] fuEufyf[kr la'kks/ku fd;k x;k gSA
4- fnukad 27-10-2021 dh vf/klwpuk dh rkfydk ds Øekad 1 ij o`f) nj dks fuEukuqlkj izfrLFkkfir fd;k tkrk gS%
94 GI/2022 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC.4]
1 ?kjys w dks;y s ds fy, o`f) nj 0-92%
lukst dqekj Ökk] lfpo
[जवज्ञापन-III/4/असा./556/2021-22]
CENTRAL ELECTRICITY REGULATORY COMMISSION
CORRIGENDUM
New Delhi, the 22nd December, 2021
No. Eco-2/2021-CERC.—In pursuance of Clause 5.6 (vi) of Ministry of Power Notification dated 19.1.2005
(as amended from time to time) on “Guidelines for Determination of Tariff by Bidding Process for Procurement of
Power by Distribution Licensees”, the Central Electricity Regulatory Commission, vide notification dated 27.10.2021,
had notified various escalation rates and other parameters, including the escalation rate for domestic coal, for the
purpose of payment.
2. Coal India Ltd, through its notification dated 27.11.2020, has revised coal prices w.e.f.1.12.2020. Consequent
to this revision, the CERC has revised its Coal Price Index w.e.f. December, 2020 and published the same on its
website. However, the revised coal price index has been used for the period from September 2020 to August 2021 in
place of December 2020 to August 2021 while computing the escalation rate for domestic coal for payment applicable
for the period from 1.10.2021 to 31.3.2022. Therefore, there was an error in computing the escalation rate for
domestic coal.
3. By correcting the data i.e. by using the Coal Price Index as published on the website of CERC (i.e.
considering the revised coal price index w.e.f. December, 2020), the escalation rate for domestic coal has been
computed. Accordingly the following amendment is made.
4. The escalation rate at Sr.No.1 of Table of the notification dated 27.10.2021 is substituted as under:
Annual Escalation Rates applicable for the period from 01.10.2021 to 31.03.2022 for the purpose of payment
for Procurement of Power by Distribution Licensees as per the Power Purchase Agreement entered into under
the guidelines mentioned above:
Sl.No. Description Annual Escalation Rates
for Payment
1 Escalation rate for domestic coal 0.92%
SANOJ KUMAR JHA, Secy.
[ADVT.-III/4/Exty./556/2021-22]
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.