G.S.R.
752(E).-In exercise of the power conferred by sub-section (1), read with clause
(z) of sub-section (2), of section 176 of the Electricity Act, 2003 (36 of
2003), the Central Government hereby makes the following rules, namely:- (1)
These rules may be
called the Electricity (Promotion of Generation of Electricity from Must-Run
Power Plant) Rules, 2021. (2)
They shall come into
force on the date of their publication in the Official Gazette. (1)
In these rules,
unless the context otherwise requires,- (a)
"Act" means
the Electricity Act, 2003 (36 of 2003); (b)
"intermediary
procurer" means an intermediary company, nominated by the Central
Government or the State Government, between the distribution licensees and the
generating company, required either to aggregate the purchased of electricity
from different generators and sell it to the distribution licensee, or to
enhance the credit profile; (c)
"must-run power
plant" means a power plant, deemed to be a must-run power plant under
sub-rule (1) of rule 3; (d)
the expressions
"credit profile", "merit order dispatch", "day ahead
market", "real time market", "bucket filling basis"
and "trading margin" shall have the meanings respectively assigned to
them under the National Electricity Policy or the Tariff Policy made under
section 3 of the Act. (2)
The words and
expressions used and not defined herein but defined in the Act shall have the
meaning respectively assigned to them in the Act. (1)
A wind, solar,
wind-solar hybrid or hydro power plant (in case of excess water leading to
spillage) or a power plant from any other sources, as may be notified by the
Appropriate Government, which has entered into an agreement to sell the
electricity to any person, shall be treated as a must-run power plant. (2)
A must-run power
plant shall not be subjected to curtailment or regulation of generation or
supply of electricity on account of merit order dispatch or any other
commercial consideration: Provided
that electricity generated from a must-run power plant may be curtailed or
regulated in the event of any technical constraint in the electricity grid or
for reasons of security of the electricity grid: Provided
further that for curtailment or regulation of power, the provisions of the
Indian Electricity Grid Code shall be followed. (3)
In the event of a
curtailment of supply from a must-run power plant, compensation shall be
payable by the procurer to the must-run power plant at the rates specified in
the agreement for purchase or supply of electricity. (4)
Where, in the event
of any technical constraint in the electricity grid or for reasons of security
of the electricity grid, procurer gives the notice for curtailment to the
must-run power plant in advance, prior to the start of the day ahead market or
real time market or any other product introduced from time to time in the power
exchange, the must-run power plant shall sell the electricity not scheduled by
the procurer in the power exchange. (5)
The amount realised
by such must-run power plant from such sale of electricity in a power exchange,
after deducting actual expenses paid for the sale in the power exchange, if
any, shall be adjusted against the compensation payable by the procurer under
sub-rule (3). (6)
Any deficit in
realisation of amount, with respect to the compensation shall be paid by the
procurer on monthly basis. (7)
Any excess
realisation of amount during a month from sale of electricity in a power
exchange, if any, shall be carried forward and adjusted in the next month or
months. (8)
The final adjustment
of excess realisation of amount, if any, shall be paid by the must-run power
plant to the procurer within one month of the close of the financial year. (1)
The intermediary
procurer, an agency nominated by the Central Government or State Government,
may procure electricity through a transparent process of bidding in accordance
with the guidelines issued by the Central Government under section 63 of the
Act for sale to one or more distribution licensees. (2)
The intermediary
procurer referred to in sub-rule (1) shall be deemed to be a trader for the
purposes of the Act, buying electricity from the must-run power plant and
selling the same to one or more distribution licensees. (3)
In case of a bid on
the bucket filling basis, where multiple generating companies, as successful
bidders, are selected at different rates in order to meet the full quantum of
electricity specified in the bid, the weighted average of all the selected bids
shall be the resultant bid rate for that bid and power may be offered by the
intermediary procurer or trading licensee for sale at the said resultant bid
rate to the procurer: (4)
The manner of
resultant bid rate specified under sub-rule (3), shall also be applicable to
agreements entered into between the intermediary procurer and distribution licensees,
prior to the commencement of these rules, for sale of electricity based on
sources of renewable energy from suppliers selected in a bidding process
conducted under the guidelines issued by the Central Government under section
63 of the Act. (5)
The Appropriate
Commission, on application made to it by the intermediary procurer or
distribution licensee, may adopt the weighted average tariff after hearing the
parties concerned. (6)
The Appropriate
Commission shall adjust the rate of tariff on annual basis based on the
actuals. (7)
The intermediary
procurer, from the sale of electricity under these rules, shall be allowed to
retain only the trading margin as specified in the agreements or the
regulations or as may be determined by the Appropriate Commission.Electricity (Promotion Of Generation Of
Electricity From Must-Run Power Plant) Rules, 2021
[22 October 2021]Rule - 1. Short title and commencement :-
Rule - 2. Definitions :-
Rule - 3. Must-run power plant :-